New-York tribune., 1878-10-26
UNITED STATES SUPREME COURT.

WASHINGTON. Oct 25.-In the United States Su-
air0ad COMPANY ac ogden Bowie was among Io ar
EuCd @ dh,a @ is s a., aG,"n l m Ici1 m ] m bIoppin m T - me-
defendant In error eXGO'erlor Bowie oi Maryland 10y tho
bc tEc 10 Tho whole controversy INNS upon Tho
Gues on whether at the dine OF tie accident animal
been legally delivered 10 the company, 50 a. T.
makot aole Upon this point be ey e4co on tha lIi was
conflicting, the plnuh aEcntiu charge o tn animal
claiming acting under the OGcrs of tine company
caused by o,her persons acting the authority and
INC CQmplhNs agent or th9 9r I' rai'hH ~, In 'du @ o @
the responsibility Of dtlyerins her on ne car ana mar
IN substance that In order to determine whether
the defendant a. common carrier inc Jury sho5d t
first inquire whether tho evidence showed ttt az Jhe
alongside track for loading horses with appliances for
patiom INTO the cars they found these facts then The
m mise. thus i9e2sSa wire TO D9 f01 e[si a. e Pifg og
further found that in pursuance o contract Tor tho Ua
horses wore taken and within Enclosure ld
into the yard and proper agents of the defendant nocI
the horses were led up rom te yard on ard to he
ised before the injury TO this particular hoshe agents Of
5riyery ~ o ~ a,r5a ala a. 10 raise lie sei ro.n y of
uoiN'Iy y VI @ ,ri' Lr 90 H. i,ni r 3 IN 16 ,II.yeJ
upon verdict found IN pursuance oi S instruction e wit
legal delivery because Is asserted the agentof MT hOwo
retain possession OF tho horse and undertook to deliver 1t
10 th9 gS ro,efw % ob Ib" urciss or in
f6s car ST p vessel of TIE carrier dos nor Constitute
deliyGTy 81 dhTs & Psrs m ger I Sho2s5 % 70 p @ m o he
responsible. This rule 1t SAID wa' applied Where
Yorh took exclusive possession and care Of ms tunk placing
under bel AMI fastening by ropes 10 bs beTth HAd II
stolen during the voyage And 80 IN other caes The 10
IN with tlI5
assigned error A. Buchanan and W. = Cox for pain
tin in error. T. Meck aud Bernard Garter tor defendant
In tho to-day, G. l.. Schmidt OF EeWOIleans aud l. h.
Lewis richmond Va. admitted t. practice No IL.
baltimore ana ONO railroad agt 9den Bowe-Argument
conuacd by Bernard Garter aud % j. aeircS Tor defendant
in error and concluded BY j. BuchaSan plaintn. No
4J-Answortl r. Spohord at James B Kirk and HosncT q
CO-ATument commenced by H. A. Lambert for amin in
error and concluded by l.. L. Lewis for defen ant;
This cause from the SuUTemr Court Of the District
Of Columbia, Involves tie question whether an orler by
party having claim against Tho Government GIa IN upon his
aoiucV IN h- claim In favor OF parties to
ne has engaged 10 pay money out p tho claim "hen
collected such assignment interest IN The claim as 10
tile transaction void undcr to act Of 1914 or the
prevention Of fraud upon the Treasury, which pro
hbits assignment claims against the United States.
The appellant, who IL the Librarian Of Congress,
became holder for OF two such ACC pied
orders and his counsel clam IN support OF his
appeal Orio merely Appropriation In favor
OF the payces be realized upon tie collection Of the claim
that they be properly treated assignments a.
they in the Court below The Court according to re
Of its calendar viii next month hear argument
involving cOnstutioGaty NJ all laws heretofore mada
hearing question IOygamy in Utah The decii0
will involve legality Of all NadOnal state Terri
toa-Io the Mormon mode Of life. Adjourned until
- ntetp M IL