The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-03
UNITED STATES SUPREME COURT.
Decisions In Marine, Land Insurance
and Cotton Cases-State Tax on Debts
DEMONSTRATION al-The Steam Ferry.
boat Unestra.

DECISIONS In marine, Land Insurance
and Cotton Cases-State Tax ON Debts
al-The Steam Ferry.
WASHINGTON, April 2, 1873.
No. $50. United States VS.. steam Ferryboat Unes-
ira. Appeal from the Distrct Court for the South
ern District OF New York-The steamboat In this
case was captured late in November, 1861, at Port
Royal into which port she had run for coal, by per-
mission OF the nag oiicer. While still in the GUS
tody OF the government she was chartered in its
service at 500 per Gay, the agreement to De VOID
1868 a decree Of restitution was ordered.
but the vessel was never restored to the owners.
Subsequently a Commissioner, to whom the case
was referred, reported In favor OF the claimants
for the value OF the vessel, her services and the
services OF her officers, their agents, $2l4,sS4
which also included counsel fees. Upon that re-
port a decree was afterwards rendered, together
with interest on the amount from the date of the
report to the date OF the decree, amounting in ALL
TO about 1921, 900. The decree was now reversed,
the Court taking the view that the allowance was
excessive and that the allowance for counsel fees
owners are doubtlessly entitled to indemnity, but
1t may well be doubted whether II Is not more
properly subject OF diplomatic adjustment than
OF determination by the Courts. The Chief Justice
delivered the opinion.
No. 1855. New Orleans and Texas Railroad Com.
pany VS.. hanning-Error TO the Circuit Court for
the district OF Loulsiana.-This was an action to
recover damages for injuries sustained by Hanning
In from Whdfi Oh Tue MlSSissippl, IN the
use OF the company. The defence was that the
wharf was private one and that the plaintiff, in
coming upon II without business or invitation did
at his peril. The Court instructed the Jury that
II the wharf had ceased to be public one, so that
persons accustomed To pass that way could do so
no longer without violating private rights, notice
OF sucn TACT should have been put up, and, net
being posted, the company in possession were
liable TO such persons IL they were injured IN
passing by the negligence Of the company or its
agents in charge This Court sustain the ruling,
and say that a railroad or steamboat company, by
the arrival and departure OF their conveyances,
gives an invitation to all who desire to approach
them TO pass over their wharf or platform, conse-
quenty HanniDg was not there without invitation
or right Mr.. Justice Hunt delivered the opinion.
No. 55. Olcott VS.. Supervisors OF Fond du Lac
County-Error to the Circuit Court OF Wisconsin,
This was the reversal OF judgment OF the Court
below holding that the Federal Court should be
controlled in its decision OF the question In the
case by the rule laid down In reference to IL by the
construction OF state law. The suit
was upon county orders, issued in aid
OF the SheboygaD and Fond du Lac
railroad and the state Courts had held the law
under which tDey were ISSUED unconsfitu tiona This
appearing the Circuit Court followed the construc-
ton placed upon the law by the State Court, and
theI judgment was against the validity OF the
bonds or orders. This Court agrees that the de-
cieIons OF the state Courts questions purely
local should be adhered to by the Federal Court:
but u ~ said that the main question decided In this
case was not local IN its character but one which
CONCERNED TIE pubic. She Court JecIuea thai The