The New York herald., 1870-02-15

Decision Adverse 20 thc Clnimaut-Descent
of Deceased hEens' Zeal Estate Illegally
OF Confederate Laws-Ex Posi- Fucto Laws-
The Goodyear Patent Controversy.
WAsHISGroN, Feb. IA, 1870.
Jacao D. cor, Secretary or ue Interior, rs. The
Unued States er rel. 1cGorrohnn, Error 10 N" Su-
1ren.e Court or TIE District OF Co,umofdrhe facts
OF this case are familiar. Mr.. Justice Clifford now
delivered the opinion or the Court reviewing the
present and past ntigaticns OF the claim at great
length ana holding that McGarrahans case
~ radically detective because he does not
allcge ana show that tho lana claimed Ia
not mineral land; aud 1t is said that
| without this allegation and proof the case
| is as unmeriiorous II allegation OF pur.
chase good faith and for valuable consideration
had peen made. The Court below erred In giving
Judgment Tor the rcator without any hearing the
merits oil the case. even though il was clothed with
Jurisdiction take cognizance OF the but II
was wholly without jurisdiction Ia the prcm,ses
| the matter was solely one for the Judgment ana
discretion or the land department OF the government
l by it's officers aud agents. ana IT "a opy Is purely
ministerial act, which the judiciary may eniorcc by
| mandamUs. The land department IN tis 'c4ss was
| called upon 10 take testimony and decide upon the
evidence which acts or judgment ana discretion.
| The Judgment below also erroneous, because
| It was against both the incumbent and the Sue
4 cessor to the ollce. When Secretary Browning
vacated the Office the proceedings abated OF course.
iet The judgment was nor rendered until TOUR
months after secretary Browning had gone uat and
his successor had been appointed The judgment
against Secretary Cox was also erroneous because
IL without notice 10 him or opportunity OF beng
heard. IL IL III every case requisite tDat parties
shall be served with process In order 10 gave uris-
dction, but ia this the court assumed 70 nlrcct
secretary Cox do Official act without ans sort
OF pr.ur notice information 10 him the subject;
nor IS the act Of issuing patents an official duty OF
the Secretary OF the Interior. Primary application
| Is to the Commissioner VI The Geacra Land once,
and the Secretary Ol the Interior mas nothing 10 DO
1 with II, except on appea. The duty of sign,ng
seaing &c, ts devOlved on the President ana
4 oiicers prescribed by law ana Is part OF lne
official duty OF the Secretary OF the department.
Judgment below reversed and the cause rcuauicd,
| with dircction To DISMISS the petition.
Jecker II al. Us. Hapee et oL Error TO the court Of
| Appsals 0J Kentuc6y-In this case The court below
sustained the title OF The widow OF Magee VINO died
In tnat state an alien and intcsae rs against tue
SaIc claiming by escneai ana The alien heirs OF the
deceased IN respect OF properly OF whicn ne died
seized. The question presented to the Cours was
the treaty or 1bh0 bex the United states
and switzerland, protected The claim OF the Dlantls
III error as ners, they beng citizens OF l,- latter
is ratification did not take place unIll title
accrued to % lac VIE under the laws OF
| plaintins in insisting thai The treaty took
effect the date OF It's conclusion or Signature
ana that Inc ratification by relation VAS II OF the
same date the signature, that the treaty being
made IN 1850 and its ratification nye years later
being In law ~ Of tho same date, the title u the
| heirs WAS protected.
Mr. Justice Davis now delivered the opinion or the
court aiI1fming the Judgment below. no.ding Lnat
while the ratification Of treaty In respect of public
matters ano questions between governments making
IL as OF the date oi It's conciusion. Ict In tnis
country, the treaty Is the law OF the land does
| NOT conclude private rights until n IL made The
| established law by the sanction OF the Senate
TIE United xdfsS rs. keeteF eL a., Certificate or
Division from IN. Circuit Court Jor ue District or
North Carolina. this case Keeer was Postmaster
| at SALON. N c. on tho breaking oat Of the war and
under Confederate States authority pad to one
| Clemmens the moneys VI tue United states In his
| possession, IN payment OF claim due Cieinmens
from the United states Ior postal service. II being
und!sputcd that the Confederate authorities
directed this act az to ali moneys In the
| and that the Confederate government had sum
cient power TO enforce the law. The question
whether his Official bond the principal ana sure
| ties were liable Tor the sum SO paid Cicmncns. On
this question the court below were divided, and it
was certified 70 this court for answer Me. Justice
| Miller now delivered the opinion OF the court,
holding that the defence OF Irresistible force coIupu
! sion, &c. relied upon by tne defendants IS not
sou nd. because such consideration was not within
the condition OF the bond, and that the dc.cpiants
i are liabo Tor the amount due.
John GtM ps. State or Md,nesOtd.--1he appellant
/ In this convicted OF murder cOmu.ittca IN
| Brown county Minn., where he was indicted. sub
m Os Inc d t@e p.T sns
ment the trial was In another county Tue action OF
the Legislature was relied upon AZ ex posi- Jeeto
lcgslaLl0n by the prisoner aud on that ground tho
i supreme Court OF the state was asked ~ discharge
| him. That court denied the application and TINS
court aYlrms the Judgment, Mr.. Justice Ftcd dcilv
/ ering tue opinion holding that the cnanRe OF the
place OF trial by the Minnesota act WAS In sense
i
rcrent punish anu added nothing TO the pelaty
et tho time OF the commission OF tho offence.
Eton, Administrator. ps. Jdntss ~ Wnkfns.-ErrOr
% me circuit court Jor the Western Dtsttct QC 1en-
nessee-In this the court below, under rhe laws
Of tue state intended 70 retain tho judicial superu-
I sion OF the estates>Of deceaied persons tncrlin
| gave judgment against WuKinssi0r amount paid
! 10 the a1minBlrat0r Of tho deceased appointed
where he died. IN Alabama rhe local adininistra-
tor having sued " recover IT, this court Mr.. Justice
| wilson dollvcrng the opinion, reversed tno judx-
nient holding that the payment 70 The foreign ad.
| lninsfrator discharged tho debtor. ana aI.sning
the theory tnat the Debt follows the persQu OF tho
creditor to whom II u DUE ana not the syon OF the
debtor In respect OF the right OF property ana that
Oil debts arc due at the d0mciie OF tue creditor,
frOUtdeace klober Company ct al. gs G0o6rt ar ct
| dL-Appedl rom tbs Circuit Court Jor Rhots
ls'dnd.-ThiS - q branch OF the snain Good ear
| patent case which was decided last Monday Mr.
Justice Swayne delivering the opinion OF tne court
ainr1npg the decree OF the court beo a. sugtaia,ng
she demurrer interposcd to the cross Di IN te case
/ and dlsmisslng the latter.
81 LOUIS Public schools rs. Walker ct aL--E5ror
70 he supreme Court Of Nss0ur.--This was one OF
me three cases brought BY the b. Louis school Boafd