The Portland daily press., 1872-05-14

of ,ha "a ~, a,so engage in the heavy work
ba roes harness u aaS are employed on the canal
Darges harness and lead the horses and tale
their turn at the helm, and helm 10 Ioad a.
vessel These girls are rough in manner snS
coarse in language, but honest ard ind,,st.; %-.I
Gus. They take their pint of beer and an;o,,
their pipes, and never grumble. The 0nes-
ton of how to wear the mouth has not vet
got down to them.-Hargord Courant
Ceases ARGUED AND ADJUDGED In THE
SUPREME COURT OF THE UNITED STATES,
DECEMBER TERMS, 1870 AND 1871. Re-
PORTED BY JOHN WIN. WALLACE. Vol
XII"
The Collector VS.. Hubbard, the first cause
reported in this volume was assumpsit
brought against tax-collector, on an implied
promise to refund a sum paid him under pro-
test by Hubbard, as tax alleged to have been
illegally assessed and collected. The Court,
per Clifford, j., decided that the suit cannot
be maintained, because no such promise is
ever implied on the part of an officer whose
duty it is to deposit in the public treasury,
moneys coming into his hands. In the Maria
Martin, page 81, the Court, through Judge
Clifford, say that ''Even fragrant fault COM
mitted by one of two vessels approaching
each other from opposite directions, does not
excuse the other from adopting every proper
precaution required mot by ordinary rules of
navigation butt by the special circumstances
oil the case to prevent collision" In Rail-
road Co. VS.. Harris, page 65, the Court de-
termines that the Baltimore and Ohio Road
and ITS branches, although extending into
several States, constitute single corporation.
Inc same principle applies, of course, to the
Boston and Maine Railroad; SO that. though
chartered in Massachusetts, New Hampshire
and Maine, 1T could be held here for baggage
lost or injuries received ON the Massachusetts,
portion OF its track. Baker " Pierce. page
100, gives cheerful prospect of the amenities
OF frontier life and civilization. The state
ment OF the case is this: 'In the spring of
1901, there existed near Omaha, Nebraska,
an organization known as the Omaha Claim
CluD, whose object and purposes were to
nulllfy the land-laws of the United States, SO
that members of the club, engaged in land
specuiations, might hold and control the
puDhc lands to the exclusion of actual set
Tiers. The club consisted of about 200
men, who made laws and promulgated
DEGREES to suit its purposes, enforcing
them with guns, bayonets, revolvers, ropes
and other appliances. The Sheriff of the
County, the Secretary of the Terri
tory, Mayor of the city and Register and
Receiver Of the Land Office all held high
positions in the club. 1t had stated meet
ings, and when any supposed exigency arose
would assemble at an hours notice ready for
business. 1t drove actual settlers from their
claims, burned down their cabins, and march
ed them, surrounded by armed men, to the
land office of the United States and compel
ed them to withdraw their applications for
land. If the subject were obstinate, he was
taken to the Missouri river, with a rope round
his neck, thrown in and pulled out, repeat
ing this operation as often as might be neces-
sary in order to-as deponent said-"bring
the subject to his senses so he gOuld agree to
abide the la,c of the land" The Court con-
clude that deed executed under these forms
OF the Lynch-law void in the Courts of the
United States and that the grantor's title was
superior to that of an attaching creditor of
one of the members of the Omaha Claim
Club. A similar case is Brown " Pierce re-
ported in the 7th Wallace Reports, POS. The
State of Alabama in 1865 passed law tax
ingthe shipping of its citizens at the rate of ST.
per ton. Held, in State Tonnage cases, page
2O4, to be in violation of the Constitution
of the United States. The case of Ward "
Maryland, page 41S, holding a Statute
imposing discriminating tax on nonresident
traders unconstitutional we have already
mentioned. A point of bankruptcy law was
raised in Hall VS.. Allen, page ASP, which es-
tablishes that no appeal lies from the Circuit
to the Supreme Court in cases where the for
mer is simply exercising its supervisory land
not appellate) jurisdiction over the District
Court in bankruptcy. The lega! tender cases,
page 457, and the elaborate opinions and dis.
senting opinions have been too widely pro-
mulgated and criticised to require further no.
tice here; but in the following case of Trebil-
lock VS.. Wilson, page 687, the Court say that
on contract payable by its terms in speci
Judgment tor coined dollars may be render
ed; and on refusal of State Court to rem
der it the cause may be taken to the Supreme
Court of the United States. The last case
reported in this volume is the Protector,
page 700, which fixes the time of the closing
of the warm Texas at 10th of August, 1865,
saying that it begun and ended at various
times in the different States in rebellion.