The New Orleans daily Democrat., 1880-04-14
CURRENT TOPICS.
INTER STATE Comfy.

| question involving Inter. State comfy, or
the action OF the courts Of one State on deci
| stons and statutes of the courts of another
State. with due regard to conflict of law, was
| recently decided by the New York Court Of Ap-
peals In the suit OF Morris K Jesup. Drexe,
Morgan IL o.. and others. plaintiffs. against
Andrew Carnegie, Thomas A. Scott. Benz. E.
Smith, William Dennisop. Oliver Ames and
others. for $685. ,ooo the value of notes and In
terest made by the defendants as stockholders
In the Davenport Railway Construction Com
| pany The suit grew out Of a transaction In
railway iron which was sold by the plaintiffs to
the defendants for the notes OF the construc-
tion company. The construction company
failed. and the holders of the notes sought.
through a technicality In the act Of incorpora-
tion of the construction company, to
hold the individual stockholders re-
sponsible as partners and makers of
the notes for their value. 1t was argued
by defendants counsel that the company
had been duly Incorporated under the
| laws OF the State OF Iowa. and had filed
the act OF incorporation with the Secre-
tary Of State. and was therefore duly
Incorporated In accordance with the laws
Of the State This the plaintiffs counsel de-
MED, oontending that the defendants had not
gone through the necessary formalities of In
corporation. In that they had failed to publish,
as required by law. notice OF incorporation
The defendants pleaded In answer law SUBJ
| seuuently passed by the Legislature of Iowa,
leaalizlng acts of incorporation defective In
| this particular. and cited the decisions of the
Supreme Court of Iowa and the Circuit Court of
the United States In Iowa In similar cases which
they hold must be recog gnized In the same
light as matter of Interstate comfy as II the
la tad in tba nj, <>e
the State OF Iowa. and must of necessity be ac-
cepted by the Court of Appeals as conclusive
The Court of Appeals took this latter view of
the case In rendering a decision for the de-
PENDANTS.
BATTLES OF CHroKAMAUaA AND STONE RIVER.
The commission WI ion was created by the
War Depaf tment to remap the battle-fields of
Ohickamauga and Stone River completed its
labors on the eighth instant. and Its report has
been forwarded to the Secretary of War
Originally the commission was composed OF
Generals Sheridan. Cook and Davis and Capt.
Volkmar. The death OF Gen. JEFF Davis caused
vacancy which was not filled. The instructions
given the members were that they should en-
deavor to assign the various commands to
their proper positions upon the maps OF the
two battle fields named above. Drawing psre-
pared In the Engineering Department Of the
government and sent to the surviving COM
manders for their approval had been returned
with numerous suggestions and corrections.
1t became patent to the department that the
differences Of opinion among the sur
viving generals were 30 great and so
important that nothing short of an
official inquiry into historic facts
would be satisfactory to the disputants and the
government The commission decided at the
1ah0ra n t0 aa1t I'm
Scores of persons who were In those famous
battles offered to testify. but the commission
preferred to be guided In arriving at its con-
clusfons. by the official reports of the COM
manding generals. which had been prepared a
few hours after the fighting ceased. Capt. Walk.
mar. the recorder was set to work to dig out
the facts from these reports. which are volu-
minous Several weeks we're spent by him In
preparing careful and ext austive digest.
Before he had completed Its composition Gen.
Sheridan went to Mexico with Grant. and upon
his return the historic facts relating to the two
battles were In readiness for examination by
the board. which was completed, as above stated
and the commission adjourned.
THE PROPOSED BANKRUPT ACT
The bankrupt act prepared by Hon. John
Lowell. Judge of the United States Circuit Court
of Massachusetts. which seems to meet the
Views Of the merchants of the Eastern States,
and which. as already stated in the DEMOCRAT
has been recommended to Congress by the
boards of trade of Boston. New York Phila-
delphia and other large cities. among other
things makes the Office Of register salaried
one. and it's friends cay that Its pas sage would
be great benefit to the country. 1t provides
that an act OF bankruptcy Is committed If per-
son runs away to defraud creditors conceals
himself to avoid arrest or service OF legal pro-
cess. makes fraudulent transfer Of prop
erty, or conceals or removes 1t with intent to
defraud. procures or suffers judgment against
himself, or gives warrant to con-
fess judgment, or judgment note with
like intent. or being arrested In any
civil action falls or neglects to give bail
or In some other mode affect his discharge with
In twenty days. or fails to dissolve an attach. |
ment laid on his Or operty In a civil action for
like period. or falls to satisfy final judgment
or decree rendered against him for the pay
ment OF money. OR who. being trader. has sus- |
pended payment OF his commercial paper on |
open accounts for thirty days after they are |
payable, or who. being insolvent. makes any
preference to any creditor. or makes an assign
ment for the benefit of the existing creditors.
with or without preference. The friends Of the |
bill are making strong effort to get 1t before |
Congress during the present session. but com.
plain of a lukewarm feeling In regard to the |
matter throughout the country, although the
necessity for such legislation Is generally ad
mitted.
ANOTHER PACIFIC RAILROAD.
The San Francisco Chronicle notices the de-
Darture from that port of the first schooner load |
Of railroad supplies destined for the western
terminus Of the Atchison. Topeka and Santa
Fe Railroad. at Guaymas. on the Gulf Of CALI
'ornia. The chief engineer OF this division OF
he road. Mr.. Morley. was to follow imme-
1iatey. and 1t Is said that building operations
will commence at once. An English vessel.
which is freighted with the rails for the road is
lue at Guaymas In few weeks. Mr.. Morley
states that operations along the Rio Grande.
south Of Albuquerque. are being pushed for
ward as rapidly as possible. the track laying
progressing at the rate of mile and half per
lay. The road will leave the Bio Hrande 100