New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-04-04
THE COURTS.
UNITED STATES SUPREME COURT

WASHINGTON, April 3.-DpOn INC dSStinDllhB
Of the United States Supreme Court this morning the
oath OF office duly administered to Judge Batch
ford, and he took his seat. But for the temporary
absence Of Justice Harlan, the bench would have been
full for the first time since December "a. 1873.
decision rendered In the life Insurance case OF the
Knickerbocker Life Insurance Company OF New-YOrk
against Bartholomew Foley The Court OF tho trial be
OF intoxicating liquors did not make
the deceased man OF Incorporate habits,
would exceptional OF excess create
such condition as 10 Justify the application OF this
character to him that attack OF dclirium tremens
may sometimes follow single excessive Indulgence;
and that II the habits Of the assured in the usual or
binary and every day routine OF his life temperate
the representations made not within tho
meaning OF the policy, although he might have an
attack OF derum tremens from an exceptional oyerln-
diligence. This view taken by the Court below IL sls-
tanned and its Judgment affirmed Opinion by Justice
Field.
An important bank tax decision was rendered by the
Court in the OF the Board of Supervisors OF the
ward sanIey bronan hers on writ o. error to the
Circuit Court of the United States for the Northern Dis
trict OF NcwYork. THIS action was brought ny the de-
PENDANT in error, citizen OF the State Of Illinois, as
assignee Of certain stockholders OF the National Albany
Exchange Bank, to recover taxes to the amount OF
s62 forcbly collected from said stockholders and
paid into the Treasury of the County Of Albany upon as
sessmens made in the years 1873 90 1878, both inclusive
This Court holds that the nvady OF part OF the state
law does not necessarily inyaidate 1t in too that II
the valid and invalid parts Of statute are capable OF
separation only the latter to be dsregarcd In the
present the NewYork state law of 1866, az cor
strued by tue Court OF Appeals Is III conlct upon
single point with Federal statu;e "a fer as that point
IA concerned It is invalid but In other it must he
held to be operative II the plaintiH in this case had
asked to have his debts deducted from the assessed vau
alton Of hs bank shares in the computation OF hs tax
and his request had been refused upon the ground That
such deduction was prohibited by the state law OF 1880
then he would have been entitled to relief because his
grievance would have been direct result OF Invalid pro
visions Of the State act That however Is not the present
holder for whose relief this silt IL brought with the
ceptOn OF {. L. Williams ever asked TO have his ndeDt
dcbtedness be deducted. Their cases. therefore, are
covered not by the invalid but by the valid, part of the
State law. IL follows from these considerations, hlst.
that the had authority under the valid part OF
the act Of the NewYOrk Legislature of 1866 to assess
the owners existed be deducted the assessment
valid and the tax paid under it a valid
acted within their authority such assessment long
as they We're not lnf9rne IN some proper manner tna
to have deducted II they then proceeded III disregard
Couri below ia reversal and the cause renanded VITA
the lax paid by Williams with interest and on al the
other counts for the defendants.
No. s17-Chas. A. Hills; receiver, ct al, appellants.
wolves the same questions which arc presented IN the
case OF supervisors ag Stanley above aud FOR the rea
thore given the judgment in this is also re-
Vcrsed ana cause rcmanGed.
No l,iI9-Iho EVANSVILLE National Bank agt. Thomas
L. BrttOn, treasurer, etc; and No l,l56-rhomas r.
BrittOD, treasurer ETC., agt the Evansville National
Bank These bank tax involving suDstan-
lally the same questions raised in the two cases I'M
mellatoly preceding and decided in accordance with
the principles above set forth. Decrees Affirmed
Justice Bradley dissens from the opinion Of the Court
in all OF the above bank tax cases
Another important decision rendered by the
Court to day In the case oil the western Union graph
Comp agt the stare Of Texas, brought here upon
writ OF To ths supreme Court or Texas Ihs Court
holds that State may tax telegraph companies
sGgs sent over the wires OF such companies at it, dis
IN the Safe lniSs hit th TAXATION of which
originate or 10 outside t.e state is regulation Of inter-
state ana snch Ond power OF tne
State. The taxation OF Government messages Is also I'M
constitutional.
The other cases decided to-day follows
No. l5G-GeOIge {. Rives 0gt T. L. W. Duke, Jr |
Judgment affirmed with costs aud interest. |
No 241-Ihe Cecil National Bank, OF Port Deposit, |
and others ast TIE Watsonown Bank. Decree, 50 iar
as II denies tie elanis the relief sought ny their DILL
reversed with costs AID cause rcmanded
NO. 2l5-Ihe Marine ana River Phosphate Mining and
Company and others agt william l.;
Bradley Decree affirmed with costs ana interest," uhtu
a. M e q IL PsF s esnt per yame9 Hunt execu
trlx, c. and OLhers-JuIsnenI reversed ana cause re-
mandcd.
No. 236-Alfred Marchand agt Henry Frcllscn Judg-
mcnt affirmed with costs ami interest
No. 4i-Edward Mellon and Others agt the Della
ware, Lackawanna and Western Railway Company
Decree li.med with costs and interest
No. 1853. :. Russell agt Jesse T. Farley, receiver,
etc.-Decree atirned with costs
No. no Otc5WOrtn l.. Head and others agL Joseph
Iargravc and othcrs-JniSment reversed with costs
and cause rculandcd.
No 239-J. H. wade at. the town OF WalnVt.-Juig
ment affirmed with costs.
No 243-wliim G. winsow and Others agt. Bliss o.
W .lcOX Decree affirmed with costs.
No. I,2lI-B,lss o. Wilcox ag,. william q. Winslow
and otners- D,nlssed for want OF Jurisdiction.
No. oOI-lno memphis ana - Louis kallrOad cOin-
)any ast Jonn r. Loftln, collector, cc-Dccrec affirmed
" IJn costs.
No. 7-Orginal ex-parte, in the matter Of william p.
,laytOn-Peution for wit of prohibition denied.
No. l6G-Dayid c. james agt. MicIJah 8icCormick-
Motion To rcinstdte denied.
The Chle Justice announced tina, the Court will hear
10 arguments In cases after tue 25th INST ana VIII adj
Ourn FOR the term ON Monday May D.