Omaha daily bee., 1883-11-09
DKcrstoYS

aoNA 1919
Several important and interesting de-
cisions were rendered Last Monday by the
Supreme Court Of the United States.
Among them was one against TAO less Q
functionary than the President Of the
United States. The case as reported by
telegraph was on record Eas Chester A.
Arthur, Collector, versus Henry Pastor,
relating to the proper duty on washed
wool. 1t appears that just before His
E1cellency was bounced by JOHN Sher-
man as Collector Of the port Of New
York he exacted duty OH several thou
sand pounds of wool at twenty-six cents
per pound while the importer claimed
that the tariff only allowed him to coll
lect twenty cents per pound. The court
holds that the importers understanding
Of the law is correct, and that the collec-
tor erred in apparently assuming that the
same number of pounds of unwashed
wool would be worth a much as washed
wool. The protection of the old tariff
to which the construction is given in the
above case remains unchanged in the new
tariff, SO the decision has a present and
prospective, as we'll as Retrospective,
effect.
Another decision that involves o grave
subject relates to the rights of suicides to
collect life insurance. The Supreme
Court holds that self.killing by an insane
person, understanding the physical ma
ture and consequences of his act, but not
its moral aspect, is not death by suicide
within the meaning of the condition in a
policy of insurance upon his life, that the
shall be void in cas- he shall die
by suicide. This decision will be hailed
with Joy by the cranks who understand
the physical nature or the consequences
of blowing into the muzzle of a gun that
is not loaded, but do not comprehend the
moral aspect of the explosion that fol-
The next case of interest decided was
the United States, appellant, versus
w. Fisher, appeal from the Court
of Claims. This case is that of the Chief
Justice of Wyoming, whose salary was
fixed by the statute at 49, 900 per annum.
This statute was never at any time
repealed, but Congress in legislative,
executive, and judicial appropriation
bills of 1877, 1878 and 1879 appropriated
for the salary of the Chief Justice of Wy
oming only $500 annually, and added
that this should be Gin full compensation
for his services" Chief Justice Fisher,
believing himself entitled to the whole
s., 900 per annum fixed as the salary of
his Office by the unrepealed and existing
brought suit in the Court of
to recover the amount of the de-
6ciency, and obtained, pro forma, judg-
in his favor. The court reverses
that Judgment, but adds, however, thatit
does not wish to be understood as
deciding now the question whether
simple failure by Congress to
appropriate any or sufficient sum
TO pay the salary Of an officer fixed by |
The premises oflaw, is, Of itself, an ex-
Of purpose by Congress to re-
luce that salary. The effect of the pres
ent decision seems to be to confirm
the power of Congress- to regulate, by
means of appropriation bills, and without
any separate and specific legislation, all
over which it has control, and ito
every year every officer Of the
government except the President and Of
of the Federal Courts, by merely
hanging the amounts appropriated for
of the officer, ind adding, that
he sum provided shall be in full COM
,ensation.
Ex-Chief Justice Fisher ought to have
been lawyer enough to have kept his
Weather eye on Congress through the
honorable delegate of Wyoming, who has
to do anyhow but draw his
1000 annually with regularity and dis
patch.