Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-04-29
A Synopsis Of Important Decisions o.
the United States Supreme Court.
The Decision in the Case Of the Planters
Bank OF Tennessee against the
Union Bank Of Louisiana.
Plans of an Expedition for the PrOtee.
tiOn OF Northern Pacific Rail-
way Surveyors.
Street Gsssip and Official Movements
Current Events of the Day in
the City, Etc.

WASHINGTON, April 1S.-The war de-
partment has made extensive arrange
ments for the engineering party of the
Northern Pacific railroad. About forty
companies, of all branches of the service,
will compose the expedition which,
starts June 18th, Colonel Stanley COM
manding.
The court of claims to-day rendered
Judgment for thirteen thousand five
hundred and ninety-five dollars in favor
of Eugene Deikelman, a subject of Prus-
sia, for loss sustained by the detention
of the Prussian ship Essex at New Or
leans, under an order of General Butler,
on suspicion of containing contraband
goods. The court held the United States
liable under the thirteenth article of the
treaty of 1899 with Prussia, which requires
damages for such detentions, to be paid
by either nation, when belligerent ex-
ercises belligerent privileges. Chief
Justice Drake dissented mainly on the
ground that the martial law was su-
preme at that time in New Orleans, and
that the vessel was brought there with
the knowledge of risks incurred of COM
| ing in conflict with the military COM
mander. This claim was rsferred to
the COQLL Dy q cDCtAdA MT Vi COHRIESS.
Judgment was rendered for eighteen
thousand and ninety dollars in favor of
Andrew ]. Gill for five hundred and
thirty-siX tons of hay used by the army
in Colorado in 1854 aud 1865. The court
then adjourned till next Monday, the
! chief-justice announcing that the re-
naming cotton cases on the docket
would then be proceeded with until fin
| ished, after which the court would ad-
jOurn until the third Monday in October.
/ Israel Green, of Mt. Vernon, Ohio;
Orville P. Child, of Falmouth, Mime
sofa, and Charles Aldrich, of Webster,
! Iowa, have been appointed commission
ers under the act of the third of March
last, to ascertain the value of certain
lands in Iowa north of Raccoon fork of
the DesMoines river, held by settlers un-
der pre-emption and homestead laws.
! The legislature for the District of
/ Columbia met and organized to-day.
| William Stickney was elected president
and j. w. Thompson vice-president of
the council. Peter Campbell was elec.
| ted president of the house of delegates.
! Governor Cookies message to the legis-
| lature is devoted to the financial and
material condition of the district.
! The supreme court to-day decided, in
the case of Ripley, administrative,
against the Railway Passenger fnsur-
ance company, of Hartford, that there
can be no recovery on the policy of
! insurance issued to the deceased, as he
was not travelling in public or private
conveyance at the time of his death, but
| had left the train at Dalton, Michigan,
and was walking home when he was
waylaid and beaten to death. The court
also decided that the tax imposed by the
city Of Mobile on the Southern express
company was constitutional. The tax
was resisted on the ground that
as the company was engaged in
carrying business beyond the limits of
the State, the tax was unconstitutional.
as being in conflict with that provision
of the constitution which rests in the
power Of congress to regulate commerce.
| The court also decided case No. I47,
| Planters Bank of Tennessee as. Union
bank of Louisiana, error to circuit
Louisiana. This was the suit brought
| by the Planters bank to recover the bal
anee Of the account from the Union
bank. The defense was that the
remittances made by the Planters
! bank and the collections made
for II by the Union bank were IN Con-
federate money at time when New Or
leans, where the latter bank is located,
was occupied by Confederate forces, and
that subsequently the balance due the
Planters bank had been paid over to the
military authorities of the United States
by order of General Banks. The court
held this to be no defense, and that a
tender ofCOnfederate money, when the
demand for payment was made, such
money being then Of no value, did
not extinguish the debt. This
court affirmed that judgment, holding
that General Banks had no authority to
order the debt of the Planters bank TO
be paid over to the military authorities
and that obedience to that order did not
exOnerate the Union bank. Justice
Strong delivered the opinion. Justice
Bradley dissented, holding that con-
gress having interfered to protect Gene
raj Banks and other officers un-
der similar circumstances from re-
spOnsibility for illegal commands
enforced by military power, the
government should respond to the
injured parties. The court adjourned to |
Thursday, when it is expected it viii
adjourn for the term.
Justice Miller proposes to sail for
Europe on Saturday.
The comptroller ofcGrrency has declar- |
ed dividend of thirty-twO per cent in !
favor OF the Unadella national bank, of
Undella, New York, and also dividend
OF twenty-five per cent. in favor of the
creditors of the Scandinavian nation
al bank, of Chicago, payable as
soon as the schedules of the cred |
itoTs can be prepared and examined.
The comptroller has also directed the
receiver of the Eighth national bank oil
New York, to make a reQuisiliOn ofl
fifty-fOur per cent. upon the sharehold-
ers of that bank, to supply the deficiency
required for the full payment of the
creditors. A small requisition is also to
be made upon the shareholders of the |
Farmers and DroveTs' national bank of
Brooklyn for the same purpose. The
Atlantic national bank was examined
in February, under the act of 1872. The |
examiners reports show that the capital
of the bank was seriously impaired. |
The comptroller of currency directed |
that no further dividends should be de- |
clared, and accordingly no dividends |
were made during the year 1872. Bad !
debts to the amount of thirty-two thou |
sand four hundred dollars were charged !
during the same year. The defalcation !
is supposed to have occurred from the |
use of special deposits and collaterals by
the cashier.
The commissioner of internal revenue
will soon issue circular, requiring col |
lectors of internal revenue to make two |
returns during the month of May-from |
the first to the nineteenth, and from the |
nineteenth to the thirty-first-in order
that the liabilities for the new bonds !
may be determined.
The supreme court this afternoon de- !
cided the case of the Mutual life in |
surance company of New York as. |
Terry, a case of suicide by poison. The !
court held that the facts show the rea- |
son of the deceased to have been so |
impaired that his suicide was not his |
voluntary intelligent act. On these |
facts it is held that the company is liable, |
although the policy provided against sui |
eide.
1t is thought this afternoon by leading |
members Of the supreme court bar that !
a motion submitted to the court in con-
ference last Saturday for the allowance
of an appeal in the Warmoth Louis |
lana case, which was refused by Judge |
Durell, in the court below, will 90 over
until the next term.
Legal tenders outstanding, $S57, $685.
9S2.
An expedition viii be organized, to be
assembled at, and in readiness to depart
from, Fort Rice, Dakota Territory, on
the fifteenth of June next, for the pro-
4aofio,, of tho anginparines rarfiae of tho