The New York herald., 1871-11-13
He COU R T S.
Sentencing Priso ers- Bankruptcy Casss-An
Alleged Repeater in Curt.
UNITED STATES SUPREME crU1T.

Private Property Used by Government Fur
ina the Wat-Tnc Franchise OF the North
ern Railroad Company OF Nv Y rk.
WARRINGTON, Nov. IL, 1871
No. 220. Uaite1 Sd'es ~. Russell -Appea. from
the Cour. OF Claims. -Inls WAS petition lor CON-
pcnsa'lon Tor tue sezGfe aud ol three steamers
belonging TO russell by the military author tes
The jurisdiction OF the ourL was question q below
but tho decision was that mere was sucn an
''appropriaton" OF the property as ronio-
ited the Court from taxing jurisdiction
under the act OF July 4, 1864, but that
there was such IN employment anu use OF Inc
steam rs IN the servlCs oi the United States as
Iaises al implied pa onise Tue pdt VI tne aoac ~
III mt 10 leDuuI Sc tle Cha inaut or the money OK
peDdea oy nan IN noyins Jhe steamers, a u also
IAN and reasolaoie eompea atoh ior heir serNic
The government ads here. That ny the act Oi
July, 1854. IN Le Lang naue oi MT Justice fied In
Flor u ited st ties u all, 459I as iiitecd
10 include all taxing am use Oi property " the
army and navy, the OF the war, not
autnor-ef D, ~ont a';1 w tlls government amd
that u tnis be %, then the JutsJi ton o. Tue COURT
OF CLAIMS dues ut exte.u to tnls cause LOT the acs
so expressly declares.
No. 223. mi ed Sd.es Civte, ana e2i. CtDde
rs. The United sta es-Appeals from the Court OF
Claims-Chese cross appeals rom the Juug-
ment OF the Court ot GA ms respecting conpeiisa-
ton by the government Tor the services OF two
steamers the ,'ant under charter parties With
an assistant quar- ,ernsser Of tue army. lne Court
held that The ,uartcglnasler General mad no a. bi
trary power G. reauce the raie OF compensation
fixed by tae charter ary rs 10 time already passed
alter the services were commenced, and allowed
the claimants ~ the charter rates up 10
the dat Oi his knowledge lhat the QuartermaS'er
General oruereu Tue reduction, hui or al tiine
the boats Were IA ne seivce supseqaen. w tais
knOwleuge the IUurt ieiu ll"t he Nouila.l ly
les vcc subject 10 tie iestri tonS ol
tine order aId Lue reau'ed r's,rs, anu held lha nc
SnOuid not recover that PERIOD. IL Was also
he a THAT sdit on the CLAIM lor one o the stcLners
was q. eiatnrc because II nal not heen submitted
10 Inc proper ueparunclL 80 Il parties peal the
delen,ian Insisiiny taat he shOul, ttcUver under
the chart part, All the time his boats were IN
the service ana Lat tue later praclicc Cf the
Court 1t wa mol me- essary hat the clam sh0un Ue
prescn eu To The aepartlneut. ana lhe COVE nlncut
coneDd'ns that The ualermasef .eneiM a. aD-
provld char tr party Ia.S anu thdI ,ruin .tiaL
moment tue cl;i,u, Mu,t he regarded as u disputed
One and tnaL by Subsequent Sc Element u, de had
receipted IN uil, winch was u iui satisfaction VI the
claim.
No. 1857. The Northern Raar0ad company et al
Us. 1Ae Pt0p'e ~ Ia sac Of NeaD York-E.ror TO
the Supreme Court of New YorK.-This was pro-
Ceediny below 10 oulaln decree declaring the
Northern nutroad Company lnso,vent anI DIS
solved for neglectng 20 pay - notes Tor more than
year ami for which, II WIS contendt u,
shousd be Lrued surrender of Its .rau-
chses Inc pi csentea the constitutional ques-
tlOn whetler the Le. lsaLIre Of The state mad The
power authorize the second nor gage bondiIossers
10 lOrm cUrpoiato., 1sr and W take tue pro- eriy
and eHecis vi the Ortnern ..alrvau ,0mpany or oI
its stockh0hiers, without uue prvcess o. iaw wnlcn
the col.L IAN, u legged n,a becn le se; and the de-
cslon be ow, rs cal nea mere, Sustained Inc veruict
or Tie at ol the lp psiu re ana Inc error i as,aI
up0a the theory tina. 10 act VI the Lesi azure was
In ySlatiou u 'ha. piov, oG o die icierai cuiIstt-
tn hon winch rohibits any tate from pa, slug any
"iaW inilAir,na Inc Uhiigat Gus ui contra. Is" NO
ton Is naur to DISMISS upou the gfou u that the
question al Ell was no. necessary to the deicrmlDa
ton 0i the case. ant! thai u "as not aruaib ia cue
or coLSie. ei ny ne Court belV and tuerelore Lns
Court has Lo JurisuIctiun 10 review.