The New York herald., 1871-03-07
THE CoUR S.
Tho Fisk-U Union Pacific Railroad Cass--Aleged
Custom House Frauds-Ths Case Of Captain
Peabody-rhs Pacific Mail Steamship Com
pany-The Hogan Will CaseA Care Of
Groom Water Giving Cut-Dcoisions.
UNITED STATES SUPREME COURT.

Decisicns-BIndng Eject Of Compacts Be-
tween Statcs-cuuses Under the C0nfisca-
tl0n Act.
WASHINGTON, March Q, 1871.
The following decisions were rendered in the
United States Supreme Court to-day
No. 8. Original. The state Of VirJtnfG Us. The
State or West virginia This was bill denying the
validity OF the cession Of the counties Of Jefferson
ana Berkeley to West Virginia. The defendant de-
INJURED to the bill, and the court now sustained the
demurrer and dismissed the bill, taking the view
that there was compact between the two States
to abide the decision OF an election by the people OF
those counties on Inc subject. An election was
held and the result was IA favor Of West virginia,
according to the official returns as recorded and
certified by the Governor, which was q decision or
the question. The allegations Of fraud were not
sustained. Mr.. Justice Muller delivered the opinion
OF tho Court
No. 2s. McVelph u.s. The U,atte0 .States.-Enor to
the Circuit Court 1or the district OF Virginia This
was a proceeding to confscate tie property Of Nc
Weigh, and he appearing by counsel and fling an
answer On motion OF the District Attorney, the
Court below struck out his claim, and answers on
the ground that he was resident OF tie city OF Rich
mona, within The Confederate lines, and rebel,
holding that he had no sTan.'iI,s IN court. This
Court are unanimous IN the opinion that this was an
error IN the court below, AMI that when asSatled
there Mcvelgh had right to defend there.
different result would be blot the Jurisprudence
an; ana civilization q the country The provision Of
hfe liberty or property without due process CT law
ls conclusive OF The subject Whatever the extent
Country ne Is C Clearly liable to be s. sed S m ana at this car
ries with 1t tne right OF defence The right OF Nc
Weigh to sac out this was sustained and the judg-
mentfwas revoked and the cause reIanded, with in-
structions to the couit below TO proceed in IL in
conformity TO law. Mr.. justice STayne delivered
the opinion OF the Court
No. Il. Ala. Y. r. Garnet pS. United States
Error to the Supreme Court OF the District Of
Columbia. This was also proceeding under the
Con1scaton act Of 1862 The decision in the Dis
1lct Court below was against Garnett, aud he sued
Q writ OF error, which the Supreme Court Of the
District dismissed upon the ground that writ Of
District Court. This Court reversed that decision
and remanded the cause, with directions to the
Supreme Cours OF the District to proceed in it ac-
cording TO law The questions involved ore pre-
cse the sane as those presented In the case OF Mr.
No. is. Same agafsest Sa,ae-Same decision.
Opinion by Mr. Justice Swayne.
No. 50. Ge1mantG Fire Insurance Company vs.
Facts. Error to the District Court for the South
ern district OF Mississippi. The decision Of this
case Is that the declaration does not show on Its
face that one Of the parties to the suit was citizen
OF Mississippi it is had under the act for the rans
fer OF causes from the state to the federal courts
and that the District Court below had no jurisdic.
tion to try IT, The Judgment OF the District Court s
reversed and the cause remanded with instructions
10 the court below to transmit 1t to the State Court
MI. Justice Davis delivered the opinion,
No. 81. The Fourth National Bank of Ne,o YorE
Us. The Ne,o 0, leans ana CdyroHton Raitroad ana
Others.-Appeal from the Circuit Court for the dis.
trict OF louisiana This was case in equity in.
vclvng conflicting claims IN regard to the railroad
IN question as TO which the bil! was dismissed be-
low This Court affirmed that decree. Mr.. Justice
Strong delivered the opinion OF the Court.
No. 204. Ward rs. the State OF Kd7ylam5.-Error to
the Court Of Appeals OF Maryland. A motion to ad-
vance the cause on the docket was denied.
No. 474. Cook rs. Porter.-Error to the Circuit
Court OF the Eastern district Of Texas motion to
dismiss the case was granted. The opinion was de.
uvered by MI Justice Clifford.
No. IS. Leon rs PJuoa. and two other cases, Nos.
80 and 92.-Error TO the Seventh Judicial District
Court OF Louisiana. Judgments affirmed.