The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-11-11
A Batch of United States Supreme
Court Decisions.
Two Insurance Cases Of Some
notOrlety.
A Couple of Free Minded Newspaper
reporters In Contempt.

ty Of GaIlatin, Ills, in October, 1870, to tn
st. Louis and Southeastern Railroad Com
pany as donation to assist in the con
struCtiou Of that road. The defense So
up was in substance that in Conseuuenc,
of the provision OF the new State Constt
tuition, which went into effect July ., 1870
the authority 20 issue and deliver tn,
bonds had ceased to exist. The Question
presented is whether q donation 10 III,
railroad company is legally authorized anC
approved oy majority Of the legal voter,
OF the county prior to the adoption of the
new Constitution is rendered invalid by
the prohibition Of such donations contain
ed in that Constitution. In the case o.
the town of Concord vi. the Portsmouth
Savings Banks (92 U. s. G25) this Couri
was called on to give construction to the
section OF the Illinois State Constitution
now in question, and it then held thai
donations by counties to railroads were
prohibited by it now; that they could moi
lawfully be made after July 2d, 1870, even
although they had been authorized by 4
prior statute and by vote Of the people
OF the county. II now appears, however
that prior TO the above decision by this
Court the Supreme Court OF Illinois in
constituting this same section, had decided
that donations, II sanctioned by popular
vote before the adoption Of the Constitu.
ton, are notp+ohibited by it. This iesi.
sion Of the State Supreme Court has been
reathrmed by 1t as well as recognized re.
peatedly by legislative action, and there il
every reason to believe the rule had been
relied upon, and that on the faith of II
many municipal bonds had been issued
and bought and sold in the markets OF the
country. 1t is an established fact that Il
will follow decisions OF State courts in
constructions oil their own constitutions
and statutes when such decisions arc
brought to their notice. Green vs..
Meals, lessee, p. Peters, 29l.) This court
therefore changes its decisions heretofore
rendered in Concord vs.. Portsmouth Saw.
ing's Bank, and adopts that construction
OF the Illinois constitution declared by
the courts OF that State. "a III, Rep'.
2T.) The judgment Of the Circuit Court
is reversed, and and the record RENTED,
with instructions to give judgment for
plaintiff below on the findings made.
No. 8, original-Ex parte, Alvin R. Reed,
petition for writs OF habeas corpus and
certiorari. The petitioner was paymas-
ters clerk on the United States ship Essex
on the 2Gth Of June, 1878, he was tried by
a naval courtmartial for malfeasapce II,
Office, found guilty and duly sentenced,
The Admiral declined to approve the
judgment and sent the proceedings back
TO the court that the sentence might be re.
viewed. The court thereupon imposed
another severer sentence. The petitioner
brings his case here upon a writ
Of habeas corpus, alleging: first,
that the naval courtmartial could
have no Jurisdiction over paymasters
clerks; second, that the first sentence
exhausted the power of the court and that
the second was, therefore, a nullity, and
third, that the court could revise its form.
er decision only on the ground OF mis-.
take and that there was no mistake and
consequently no power OF revision. This
court holds that none OF the prisoners
points are well taken; that the Naval court
martial had jurisdiction over the person
OF the case. That the exercise of its dis.
cretiou within authorized limits cannot be
assigned for error and made the subject
of review even by the Appellate Court,
and finally that writ OF habeas corpus
cannot be made to perform the functions
OF writ OF error, The petition il, there
fore, denied.
No. 10, Gilbert & Barker Manufacturing
Company, appellant, vs. Walworth Manu-.
featuring Company, appeal from the Cir.
cult Court OF the United States for the
District OF Massachusetts, and No. 37T,
Gilbert & Barker Manufacturing Company
appellant, vs. Coleman's Pneumatic ca
Works, appeal from the Circuit Court ol
the United States for the Southern District
OF Ohio. DEGREES affirmed with costs.
An Insurance Decision.
PITTSBURGH, November lO.-To.day. in
the United States Circuit Court OF this
city, Hon. Judge tcEennan delivered nm
opinion in the case OF Ex-Governor G, p,
Wsshburne, Of Minnesota, vs. The Arti.
zans' Insurance Company, Of Pittsburgh.
This was an action to recover on a policy
insurance on plaintiffs Touring mil, Ii,
Minneapolis. The primary cause Of the
loss was from a destructive fire on May
2S, 1878, which communicated with some
explosive matter in the mill, explosion
ensued and the entire premises were con.
sumed. The point at issue was whether
the loss was caused by fire or the explo.
sion. The opinion rendered = saws:
"Where an insured structure is attacked
by fire, in the progress Of which the igui
ton OF an explosive substance is involved
and its destruction thereby accelerated OF
rendered more complete, the loss is lust as
attributable to the FIRE as II the result had
been effected by unaided gradual combus
tion." Judgment was entered in favor Of
plaintiff for the amount Of policy and in,
terest, s. 1888. Judgment was also entered
for 81 $50 in similar suit against the
Pennsylvania Insurance Company.
Referees Report on the Life Assoe
OF America. . -.
ST. LOUIS, November lO.-The referee 4
whom the Circuit Court referred the cas-,
Of State Insurance Superintendent Rolf
against the Life Association OF America
made his report to the Court this alter
noon, showing that, outside OF the iudc
ment recently rendered against the Asso
citation, its liabilities exceed its asset
about $02, 600. The Court approved tn,
referees report and turned the affairs O
the Association over to Mr.. RoIie to b.
closed up under the law.
Newspaper Reporters In Contempt.
LITTLE Rock, ARK, November lO.-Mr
I0pee Read, local editor Of the Gazette, wa
fined $40 and costs for contempt OF Cour
by Judge Martin, Of the Pulaski Circuit
The otfense consisted OF publishing CON
ments upon criminal case during ii
trial. Geo. R. Brown, OF the DenIocrqt,
also under arrest for q similar otfense.
Election orRailroad 0meers.
NEw YORK, November l0.-At a NEE
ing Of the Wabash, St. Louis and Pacif