The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-03-20
supreme Court Decisions.

is IeduT1n6u, Luab an aSASSs ~
stain in all cases from resorting to th'
Circuit Courts of the United States l:
void, as against public policy, and that
statute of the State of Wisconsin requir'
ing such an agreement is in conflict WITT
the Constitution of the United States
and void. The present opinion also
takes the following ground: A State
has the right to impose conditions to the
transaction of business within its territory
BY an insurance company chartered by
another State, if they are not IN con
fict with the Constitution or laws OF the
United States; it may entirely exclude
such companies from its territory, or
having given a license may revoke II
for good cause or without cause. The
motive or intention CT the State Is not
open to inquiry. The company has no
constitutional right to transact Its basl-
ness in such State, and hence its exclu.
sion therelr0m for whatever cause vio-
lates no constitutional right. The right OF
exclusion belongs to the State and the
means by which it accomplishes the re-
suit are not subject of judicial inquiry.
Justice Hunt delivered the opinion. The
dissenting justices were Bradley, Swayne
and Miller.
Conro ct al, Us. Cram ct al., appeal
from Circuit Court for the northern dis
trict OF ILLINOIS. 1t is here considered
settled that appeals do not lie to this
court from the decisions of the Circuit
Courts made in the exercise of their
supervisory jurisdiction under the bank
rupt loan. Appeal dismissed.
The following cause was then taken up
and argument proceeded: Geo. Eyster,
Assistant Treasurer of the United States
at Philadelphia, vs.. Centennial Board of
Finance ct al appeal from Circuit Court
for the eastern district of Pennsylvania.
This is the case of the government to
recover the amount of the Centennial ap-
preparation. The question to be deter
mined is whether or not the United
States is entitled 10 be reimbursed
the $l,50O,000 advanced under the
act Of February, 1876, to the Centennial
Board of Finance out OF money in the
hands OF the board, 1t being less than the
amount OF stock subscribed by other par
ties to the enterprise. The United
States insist in substance that Con.
gress had no authority under the Consti-
tuition to make any appropriation, ard
that for this reason the money should bs
returned to the Treasurer OF the United
States. That If Congress had such
authority then it could secure the priOri-
~ of the payment to the United States
over all other creditors; that the act OF
making the appropriation cid pro-
vide, in language which cannot be
fairly construed otherwise, that
the United States should be
paid the full amour: of such appro.
priation before any dividend whatever
should DC paid to the stockholders OF the
Centennial Board OF Finance; that such
was the unmlstakable intention OF Con-
gress, aid evinced by the act itself, by
the proceedings and debates at the time
the act was pending, and by all other
acts of Congress in puri materia; that
subscriptions were made to the capital
stock OF the corporation by individual
citizens, by municipalities and several
States, 10 view OF the fac. that Congress
had refused repeatedly TO give
pecuniary aid 10 the enterprise,
and that such subscriptions were
mostly as voluntary contributions and
without expectation OF the re:urn thereof
from the RECEIPTS ol the corporation,
much less from an appropriation by Con
gress; that the city OF. Philadelphia and
the States OF Pennsylvania and New
Jersey, the subscribers to the greater
part OF the capital stock, have already
received inca!cusble benefit on account
OF the location of the exhibition, bene-
fit vastly greater than the whole amount
OF their aggregate subscriptions 10 the
capital stock oi the Centennial corpora
tion; that such subscriptions were
made with view TO the advantages to
be derived from the location of
the exhibition at Philadelphia, aud that
the subscribers have already received the
iull snare OF their compensation; that the
national honor and good faith require
that the 81, ,5OO,O 900 appropriated by Con
gress should be returned TO the pubic
treasury In accordance with the terms Of
an act making appropriation; that such
return will deprive the stockholders OF
none of their rights; that It will carry
out the law Of Congress according 10 its
letter and spirit, aud do justice TO sll
concerned on the part Of the Board of
Finance. 1t is contended that the effect OF
the proviso IN the act was TO provide tor
the repayment OF the appropriation be.
fore the division of the profit, and after
il. passage the funds in the hands Of the
Board became dlstributsbie IN the fol-
lowing order: !, In payment otlts cred.
itors. 2, Redemption of capital stock
3, Repay ment TO the United States.
4, Division Of the remaining assets
among the stockholders by a pro rata
dividend. The effect was, 1t is argued,
to secure the u nited States by postponing
any division OF the profits until after the
repayment of the amount appropriated,
and this was not lnequitsble for
it is familiar that TINS WAS
not a stock corporation, obtaining sub.
scriptions by holding out inducements as
10 large returns, but simply 10 sustain
the national enterprise; hence, while it
might be equitable to provide for re.
payment before the distribution OF the
profits, it would have been iE the highest
degree inequitsble to fetter the gilt with
clause requiring repay neRt before b
distribution on the capital. This,
1t is 10 be presumed, Congress well knew,
and appropriate Language has been used
to convey that idea The pToviso Is
simply declaration that after the liza.
biities should have been paid and the
capital stock restored 10 subscribers, the
United States should then be repaid it,
Sl,5O0 900 before the distribution Of III Y
profits. Nothing but strained pe!ver-
sion OF the language, which is particu
larry clear, caa lead TO a dit!cr-
ent conclusion. The utmost that
can be said to the contrary Is that Con-
gress appears to have never supposed
tnat there would be a difcietcy oi
capital and therefore omitted TO provide
for the event, and the answer 10 this
suggestion is tnst the capital had ALREADY
been provided for by the 10Th section o'
the act Of 1872, and that the proViso II