The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-02-10

SSa'e Otero, OF New Mexico. authorizing the
legislative assemblies of the Territories to
criminals. ol
In the Senate to-day Teller, of Colorado.
submitted resolution directing the Secretary
OF The Interior to communicate to the Senate
Gne general lines of location of the Northern
racine railroad Company, ani what changes
!! any hau been made by said company in
tnelr general line of location as approved by
the department since its organization to the
present date giving The average of distances
respectively between such several lines of
iocation, and the extent and general character
Vi s'lch changes; also a statement of the
lands withdrawn from settlement in favor of
said company, under It's several locations, and
70 what extent such several changes of loca-
tiohs have effected the rights of the settlers
Agreed to.
Inc Colorado delegation in Congress and
Governor PItkin called on the President this
morning and represented to him the defence
less condition of the frontier settlements of
Colorado. The President in reply gave as
sllrances that steps would be taken to protect
them promptlyin case emergency arises and lie
IS TO confer with the Secretary of the Interior
ana General Sherman on the subject.
The House committee on investigating pen
sions appointeda subcommittee to-day consist
ing Representatives CotirotE, Caldwell and
Harsltor to confer with like subcommittee
OF the Senate committee on pensions III refer
cnCe to the resolution adopted at the last
meeting OF the House committee relating to
the date OF pensions in certain specified cases.
Railroad Decision.
WASHINGTON, Feb. "A decision was
rendered III the United States supreme court
this afternoon in the case of the Denver Il
Rio Grande Railway Company, as the Canon
City y San Juan Hallway Company upon u
writ OF mandamuS. The writ was asked for
by the Denver d Rio Grande Company upon
the ground that the Uuited States circuit
court for the District Of Colorado had dsre-
2ardeu the mandate of this court in its de-
cislon OF the points at issue at its last term.
lhlS court, however, denies the petition for
lnandamus upon the ground that as TO sub
stantIate matters cOmpained of the Denver,
Colorado, circuit court was at liberty to cXer
else its Judicial discretion, and that in such
cases the remedy for errors committed was
by appeal and not by mandamus. This court,
however, declines TO express any opinion It's
to whether the decrees OF July 70 and Janl-
alV 81 contain errors to the prejudice of either
party, but as the rights OF the Denver Com
lany viii cease under the prov siOns of an
act of Congress III s. and as portions Of the
road has been unfinished this court considers
1t It's duty to atiolu the parties carly and final
determination OF their controversy upon its
merits. 1t therefore announces that upon
perfection OF appeal and upon filing transcript
II will hear Il motion to advance the cause tor
consideration at the present term. justices
Field, Beardsley and Swayne dissentcd from
the opinion of the court, but as the cause will
soon come up for final hearing they RETAINED
from expressing an opinion Us to the details
of htigatiOn
Supreme Court Decisions.
WASHINGTON, Fth. = Samuel Il. Lowery,
colored, admitted to practice, on motion OF
Mrs. Dclra a. Lockv ood, November, 1876.
Neal Dow, plaintiff in error vs. Bradish
johnson, in error, to Circuit Court of the
United States for the District of Maine. This
is an appeal from judgment Of the Circuit
Court awarding the defendant in error the
sum Of $500 i'll satisfaction OF Il judgment
obtained by him against Dow in the Sixth
District Court, at New Orleans, on the 9th OF
April, 1853. Al the outbreak of the late war
johnson was the owner of plantation on the
Mississippi river, "a Iniles above New Orleans.
In 1862 after the capture Of Of New Orleans
by the Federal troops, certain property of
JOhlson, including twenty-five hOgsheatls OF
sugar and some table silver was taken from
his plantation for the Use of the United States
army by Federal soldiers, acting under orders
of Briyadier-Genclal Neal Dow, the pres
ent plaintiff i'll error. Jonson brought
suit in the State court to recover the value of
| the con!scated property. General Dow did
not appear to answer, and Judgment went
against him by default. johnson then brought
suit in the United States Circuit Court for the
District of Maine, to recover the amount Of
his Judgment with costs. In this suit he was
successful, Whereupon General Dow brought
the case here upon writ OF error. This court
holds that an officer OF soldier of the army OF
the United States whilst in service during the
late war, in Il country which acknowledged
the authority of the Confederate government,
that is in enmty to the country was not liable
to civil action in tue courts OF that country
for injuries resulting from acts Ofwar ordered
by him in his military character, nor can he
be called upon to justify or explain his mill
tary conduct in a civil tribunal.
The Railroad Decision.
NEW YORK, Feb. 2.--The United States
supreme court decision in the Denver q Rio
Grande Railway petition for mandamus is
said by well Informed parties to be of no
particular importance now, since the Rio
Grande and Atchison companies arranged
all their differences Oh Saturday and stipula-
ted that the decision should not affect the
settlement one way or the other. The ar
raunen,cnt is understood to be substantially
as follows
All litigation is to cease, the Rio Grande
taking back its constructed road, re-eXchang-
ing stocks with the Pueblo & Arkansas Valley
Road, stopping its Pueblo Il St. Louis Road,
and also its New Mexican extension about
fifty miles north of Santa Fe and taking i'm
mediate possession of the line to LeadVille,
paying therefor the or snal cost, less the eN-
| pense of litigation, and bonus OF S4OO,OOo.
| ;,eadyille and other southern traffic over the
Denver Il Rio Grande to eastern points, is to
90 half over the Atchson, Topeka u Santa
F. line and half over the Union Pacific, and
one fourth of the traffic between Denver and
eastern points is to so via the Pueblo 4 Atcl'-
ison line. The A. Z. X Santa Fe Co. agree
not to build to Denver nor to Leadville nor to
any noiut on or west of the main line of the