Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-10
corresponding period last year $4,000.
MAY COME TO MINNESOTA.

NN-A@
Secretary Folger was at the treasury
department to-day, for the first time in
about two months. His left eye is still
somewhat infamed and is protected By
shade. Otherwise ne is in pretty good
health. He received large number of
visitors and attended to all the business
requiring his attention. Secretary New
relieved him of the routine business OF the
department. Secretary Folger says he
has not decided whether or not to 90 away
at present. 1t has been suggested to him
to take trip to Minnesota.
PosTMAsTERs APPOINTED.
The following postmasters were ap-
pointed to-day: JAS. M. Davis Wahoo,
Neb,; W. w. Worth, Indianola, Iowa, and
Alfred D. Eldridge, Clear Lake, Iowa.
SUPREME COURT DECISION.
A decision was rendered by the United
States supreme court to-day in the case
of the Cook County National bank, of Chi
gage, against the United States. The
principal question in the controversy was
whether the bank being insolyent, the
claim of the United States for money de
posted by the postmaster of Chicago, is
preferred claim. To this the court held
that the provisions of national bank act,
section 5,236 of revised statutes, have the
| effect of withdrawing national banks that
have failed3 from the class !of insolvent
! persons, out of whose estates demands of
the United States are to be paid in prefer
ence to the claims of other creditors.
The claims of the United Sta ties, therefore,
against an ipsolvent national bank are
not entitled to priority of payment in the
amount of its assets.
| The court also answers in the negative
the question whether the United States
has the right to claim payment of its de-
mand of the surplus moneys remaining in
the treasury, of bonds deposited as Sc
curity for the circulating notes of the
| bank. The court holds the bonds so de-
posted constitute trust fund, and the
trustee cannot set off against funds held by
him in that character his individual de-
| mand against the granter of the trust. The
decree of the circuit court is reversed and
the cause remanded with directions to sus-
tain the demurrer and dismiss the bill.
THE LAST OF THE MISSOURI BANK CASES.
Decision was also rendered by the court
in the last of the Missouri bank cases, viz:
The United States against Edward p.
Curtis, cashier of the National bank of
hlSSOuE1 az Sb. LOUIS. 1QlS case arises
out of an Indictment for perjury, in
which it is charged the defendant, Curtis,
knowingly swore to the truth of certain
false statements contained in reports
made by the bank to the comptroller of
the currency. The defendant demurred
to the Indictment on the technical ground
that, under the laws Of the United States,
the notary public, before whom the oath
was taken, was not an officer or person
competent to administer such an oath.
This court is of the opinion that the de-
murrer should be sustained, and the ser
| tilted question of the court below is
answered accordingly.
KNIT SHAWL CASE.
decision was also rendered in an inter
esting customs case, involving less than
| 81, brought here upon a writ OF error
| from the circuit court of the United States
| for the eastern district OF Wisconsin. This
case, which is entitled Magdaline Won
| Cotzhausen VS.. John Nazro, collector, and
Henry @. Payne, postmaster, arises out of
the facts below stated: In May, 1877, Mrs.
| Won Cotzhausen received by mail through
the Milwaukee postofice, a sealed en-
velope containing small knit shawl or
| scarf, sent her by her daughter-in-Iaw in
| OOIAuohS do a LOAOA VI d4SCLlOus 1HS en-
velope was duly registered and
bore an Endorsement stating the
nature of the contents. The
collector of customs was notified by the
postmaster of the receipt of the envelope
and it was delivered to Mrs. Cotzhausen
and opened by her in the collectors
presence. No attempt was made to evade
payment of proper duty or to conceal the
nature of the contents of the envelope.
Mrs. Cotzhausen was willing to pay duty,
but the collector promptly seized the
shawl and confscated it as Struggled
| goods. He informed Mrs. Cotzhausen,
however, she could petition to the secretary
of the treasury for leave to pay duty and
take the shawl and that the extreme pen
atty of the law would probably be RENTED
The seizure, however, had given
rise to bad feeling on the
part of Mrs. c., and acting under
advice of counsel, she declined to take the
course suggested, and brought suit against
the postmaster and collector for unlawful
conversion of property. The jury returned
a special verdict in the nature of the find
ing of the facts substantially as above
stated, and Judgment was entered for de-
PENDANTS, upon the ground that they had
acted strictly within the line of their
O-1AO4osA OuNy' Aho CIICulG jugs SdlUo now
ever, in concluding his opinion, that it did
not seem quite csnsonant with Justice
and right, in such case as
this, that property should be virtually
coniscated, where there was
evidently no intent to avoid payment of
duties. II do not see, however" he said,
''but that we are bound down by the strict
letter of the law, which must, necessarily,
operate with severity upon some cases,
when we could wish it did not. If we were
permitted to indulge in any wish upon the
subject"
An appeal was taken to this court, and
Justice Miller rendered the courts decision
as follows: It is a violation of law
| to introduce dutiable articles
at all in this manner, 10y maiD and ~
cles so introduced are liable to seizu{XTE
such violation.We think that in makinSstlie
seizure the defendants only did their duty.
and whatever the hardship to plaintiff,
they are not liable to this action on the
facts found in the verdict of the jury.
CHIEF CHEMIST APPOINTED.
Prof. II. W. Wiley, of Purdue university.