The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-03
THE COURT S.
a New System OF Fraud ON the Revenue
The Ship Old Colony outrages-The Great
Erie Railroad Suits-Impeach-
ing Insolvens Discharges.
uNTru sTtTEs superNe coYsT.


Asxtsnt OF War Risks In Insurance Policies
Heaso Cases.
WASHINGTON, Dec. 2, 1870.
TIE nina Insurance Company rs. WiHiam He,'y-
f0rd-Eryor TO the Circuit court fof the District
or Missour.-This was an action on policy issued
on the dwelling OF the defendant In error, situated
IN Clinton county, Mo. The policy, under date Of
February, 1864. was 10 the ordinary form, and con-
sained the following exceptions:-"fhat the COM
pany shall not be liable to make good any loss or
damage by fire which may happen or take place by
means OF any invasion, insurrection riot or ciyil
commotlon, or any military or usurped power"
The house was burned in November oI that year.
under the following circumstances, as shown by
the evidence:--ln the evening OF the day prior TO
mat upon which the mouse was burned q squad OF
nbout thrtynve federal soldiers Went 10 the mouse,
which, IA the absence oil heryiordis family, was
remained there during the night ana were pro-
visioned by the servants. During the night some
lew OF The soldiers threatened 10 burn the house
Dut the lieutenant IN command assured the servants
mat no harm should 90 done. 1hc squad departed
IN federal uniforms rode up AMI having fired The
Rouse, left; but the evidence leaves It uncertain
whether they belonged 10 the squad winch had been
quartereu there during the night. Under this state
VI iacts the company refused TO pay claiming that
the fire was in consequence OF causes within the OK
charged the Jury that the house was burned by lew
soldiers not acting as an organized force buI
yenge and without any orders authority from any
Official 10 whose command they belonged, or, II o
organized force for the purpose of ring the house
through private wantonness, malice or revenge, did
go IRE The same, without any order or authority
from any officer IN command, then tae firing was an
act of private incendarism and not within the ex-
plaintin below ana The company bring the case here
riauning In the charge OF the Court INSIST
Ing that their exceptions ia the policy exempt them
from payment OF the loss as the fire was caused by
the military The ease was argued aud submitted on
printed briefs. = = ~
The United States Supreme Court to-day gave q
decision on the motion FOR an injunction and super
ledeas TO stay proceedings in the State courts of
Louisiana in The New Orleans Slaughter House
gases five III number. 1t may be remembered
that ithe plaintiffs in error in the several
undertook TO establish landing Tor cattle and q
slaughter house In New Orleans, contrary to an act
OF the Legislature, which gave exclusive privileges
10 The New Orleans Live STOCK Landing and Siaugh-
Ter House Company ana that the Attorney General
nj The State obtained AN Injunction against them,
winch was subsequently made perpetual, ana the
Supreme Court OF the State. The writs or error
were then sued out and the plaintiffs . IN error
Tree from the Injunction order OF the State
court, and proceeded IN their business In
additional court, called the Eighth District Court
giving 10 the exclusive jurisdiction over Injunction
causes, and ordering such causes pending In other
courts TO be transferred TO IT, Accordingly the slaugh-
Ter house causes were transferred, and judgment
was gwen against me pal illDs III error, VINO ala
not appeal from 1T, but sought to have this Court
prohibit the local officers OF tie State from obeyng
H. MIR. Justice clifford delivered the opinion OF the
Court, holding that writ OF does not lie TO
the Court, the proceedings which are sought 10
be stayed, the relief cannot be granted. The
writ ) 10 the supreme Court OF the State, which
Court has not attempted any proceedings IN
violation OF 1t. III it had, the relief asked
would be grained. But The proceedings complained
NJ are in the Eighth District Court, winch Is
eror court and 20 which the writ does not lie, and
& the motion therefore Tor tine injunction and SUPER
scented, taking the view that the power existed in
this Court 10 protect the persons who may ask and
tllat the Judgment OF the Court surrendered
thority necessary TO Its jurisdiction and the control
OF causes pending final Judgment The decision
leaves the company established by the Legislature
Triumphant Tor theipresent and untl after decis-
Ion on the merits Of the cause.