National Republican., 1883-01-16
DECISIVE VIEWS.
Final Opinions by the Supreme Court in a
Number Of Cases.
Prize Money Cannot be Collected for
Vessels Captured by Aid Of the Army.
Bottles in Which Beer is Imported are Subject 10 Duty
as Well as the Beer.
Two Opinions i'm Railway Cnses-Othcr
Decisions Rendered.

A decision was rendered by the supreme
court of the United States, yesterday, in the
Customsduties case Of William b. Schmidt ct
al. against Alganon p. Badger, collector
brought here by writ of error to the circuit
court of The United States for the eastern dis
triet of Louisiana. The court holds that the
bottles in which ale and beer Is imported are
subject TO a duty Of 80 per cent. ad valorem.
in addition to the duty of 30 cents per gallon
on the ale and beer contained In the bottles
The judgment of the circuit court is, there
fore, affirmed. Opinion by Mr. Justice Blatch-
ford
A decision was also rendered by the court
in the case of Thomas Branch ct al, appel
lants, against Morris K Jesup, surviving
trustee, and the Atlantic and Gulf railway
company. This was an appeal from final
decree Of the United States circuit court for
the southern district of Georgia, ordering
foreclosure and sale of the railway of the At
lantic and Gulf Railway company, with all its
branches, including the branch from Thomas
Vile to Albany, subject, however, to all prior
mortgage liens, including the first and second
mortgages on the Thomasville branch.
This court holds that there is nothing in
the points raised OIL the appeal to invalidate
the decision of the court below, aud IL is there
fore affirmed. Opinion by Mr.. Justice Brad
ley.
The court also rendered decision in the
case of James Turner and the indianapolis,
Bloomington and Western railway company,
appellants, against the Farmers Loan and
Trust company ct al. This was an appeal
from final order of the circuit court of the
United States for the southern district of
Illinois, confirming the sale, under foreclos-
IRE of mortgage of the Indianapolis, Bloom
ington and Western Railway company. This
l,.1I had 10 II
material respects In conformity with the final
decree, from which no appeal was prayed and
since the record discloses no ground upon
which its fairness can be inIpeached the
court below properly overruled the exceptions
and confirmed the sale, Tho order appealed
from Is consequently affirmed. Opinion by
Justice Harlan.
A decision was also rendered by the court in
the case of the mayor and aldermen of the city
of Savannah against Morris *. Jesup, surviv-
ing trustee, ct al. This was an appeal from
the decree of the circuit court of the United
States for the southern district of Georgia,
denying claim made by the city of Savannah
against the Atlantic and Gulf Railway COM
pany for taxes alleged to be due for the years
1877 and 1878. The city maintained that ii
was entitled In equity to be paid out of the
moneys in the hands Of the receivers of the
road before the payment of certain bonds Sc
cured by mortgages on the railway property.
This court holds that the legislature of Geor-
gia did not intend when imposing taxation
for the state upon the property of railway
companies, as was done by the statute of 1874,
TO put upon the same property the additional
burden of municipal taxation, which, but for
that act would have been forbidden by the
charters of those companies, and that the rail
way company could not be subjected to addi-
ticnal taxation upon the part of the city of
Savannah without further legislation to that
end. The decree of the circuit court denying
the city's claim is, therefore, affirmed. Opin-
ion by Justice Harlan, Justice Miller dis
senting.
A decision was also rendered by the court
in the admiralty case of Admiral Porter and
the officers and men Of the North Atlantic
squadron against the steam vessels of war
Texas, Beaufort, and others This was suit
to recover prize money for the capture and
destruction on tho James river, in Virginia,
of a number of confederate ironclads just pre-
vious to the capture Of Richmond. The suit
is brought under the provisions of the act of
congress of June 80 1864, regulating prize
proceedings and the distribution of prize
money. This court holds, in n carefully-pre-
pared opinion by Justice Field that the ap-
pellants cannot recover the prize money
claimed for the reasOns-iirst, that the de-
structiOn of the confederate vessels was
effected by the joint action of the army and
navy; aud, second, that it took place upon
the inland waters of the United states. Prize,
OF bounty III Heu vi lls lS nOl ulOWeu DN Ine
laws of congress where vessels of the enemy
are captured or destroyed by the navy with
the cooperation of the army. Neither is it
allowed where such capture or destruction
takes place upon inland waters of the United
States. The judgment of the court below is
affirmed.
The other cases decided yesterday were as
follows:
No, 91s. John II. Hayward, appellant VS..
Alfred ii. Andrews ct al. Appeal from the
circuit court of the United States for the
northern district of Illinois. Decree affirmed
with costs. Opinion by Justice Matthew'S
No. 1877. George +. Potter ct al., plaintiffs
in error, VS.. The United States. In error to
the ccuit court of the United States for the
district of Minnesota. Judgment affirmed.
Opinion by Justice Woods
No. 1873 S. d. Miller ct al plaintiffs in
error, vs. The National Bank of Lancaster ct
al. In error to the court of appeals OF Ken
lucky. Dismissed for want Of jurisdiction.
Opinion by Chief Justice Waite. Justice
Miller took no part in the decision of this
case.
Mo- Z. Original. Ex partc in the matter of
Selah c. CARL, petitioner. Motion for q rule
to show cause why writ of habeas corpus
should not issue denied. Opinion by Chief
Justice Waite.
No. 60i. The City Of Ottawa, plaintiff in
error, VS.. William II, Cary. Judgment en-
tered on Oct 80, 1882, rescindcd, and case or
dered to be reargued on printed briefs to be
filed by March 5.
No. 110l. The Steamboat James Jackson,
&c, appellants, VS.. George Rice, On motion
of W, Moulton for appellants, decree dock
citing and dismissing ease rescinded, and leave
granted to docket case ON payment of costs.
The other business transacted yesterday was
as follows: Admissions to the bar, William A.
w. Steward, William A. Abbott, and Oliver
Drake Smith, all of New York city.
1OSD Albert Grant. annallnuf The phCp-
nix Mutual Life Insurance company. Motion
to recall mandate filed and submitted by W.
A. MelOy for appellant
No. 45. Benjamin Handen appellant, VS..
Charles Manning, Argument continued by
George a, King for appellee and concludedby
j. IL. Mitchell for appellant. Adjourned,
The James River improvement.
Mr.. Conger's bill, introduced in the senate
Yesterday, relating to the improvement of the