New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-30
THE COURTS.
UNITED STATES SUPREME COURT.
A NUMBER OF INTERESTING DECISIONS RENDERED.
YESTERDAY.

WASHINGTON, Jan. 29.-A decision was rem
dered by the Supreme Court OF the United states oS
in the case OF John Bush plaintiff In error agt' INC
Commonwealth OF Kentucky which Involves tne queS-
ton OF the color line the selection OF jurors his was
a writ Of error from the final Judgment OF tne
Court of Appeals OF Kentucky. affirming the Judgment
Of the Fayette County Circuit Court in that state In
murder case The history of the case Is given and inc
Judgment the Court Appeals OF Kentucky
the indictment being ordered 70 be set aside Ater
ing OF the legal points OF the sehs court
"That motion to set aside the panel for petit was
properly denied by inferior State Court for the rea
son that grounds upon which trcsted dd not clearly
and distinctly show that the Sheriff ID MS
selections had excluded colored citizens oth-
erwise qualified because OF their race VI
color But the Court holds that the indictment
should have aside because found by Graho
selected by jury commissioners appointed IN May iooo
at time when according to decision OF the Court OF
Appeals of Kentucky. those commissioners shouid DC
assumed to have obeyed the then existing KENTUCKY
statute which excluded colorod citizens because OF their
race from service Grand Jures." Opinion by justice
Harlan Justices Field Gray and the Chief Justice dis
senting.
decision of some interest Army circles was
rendered in pension OF the United states e1 rel
Ward b. Burnett plaintiff in error, agt. Henry A.
Teller, Secretary of the Interior: IN error 10 the
Supreme Court OF tho District Of Columbia THIS
litigation out of the following state OF facts Gen
ers Burnett, by virtue OF special act OF congress-
passed March 1870 in receipt OF pension OF $oo
q month. Under the provisions OF the general pension
laws Of 1872 1874 $780, he became entitled TO pen
SION at higher rate aud July 171ss2a new pension
certificate for S72 month issued TO him under the
general law On July 81, 1882, he returned
TO Secretary Teller the certlhcate TOT
pension OF $50 n month under the special act
and offered to renqush it, lie now asserts that IN CIV
ing up this certificate he acted unadvisedy, and he
for writ Of
Rotary Teller TO return him and pay him the special
pension OF $50 per month for which 1t provides In al
dton TO the S72 per month which he is receiving upon
the certificate issued under the general law This Court
holds that General Burnets right to double pcnsonsf
he ever had such righhas efectually cut OF by
section of the act OF July 49, 1882 IL was competent
for Congress pass this act No pensoner has vested
legal right to his pension Pensions are the bounty OF
the Government which Congress has the right 10 give
withhold distribute recall at ITS discretion The con-
tenton OF the reatOr that having received the pension
OF S72 under the general law, he is also entitled
TO the pension OF 500 granted him by name
in the special act is therefore without any ground TO
rest The Supreme Court Of the District OF Columbia
was right I'm refusing the writ OF mandanus, andtsJ udg
ment Is affirmed. Opinion by Justice Woods.
Court also decided the miscegenaton case OF Toney
proceeding under state law against colored man. for
living in sexual relations win white woman: Inc
cegenation in conflict with the Fourteenth Amend
nent TO Constitution or with the civil rights legls
ton founded on IT, for the that applies the same
punishment to botn offenders the white ana the bacK
An nterestng decision involving the question OF the
liability OF the holders OF hypothecated railroad stock
rendered in the case OF Edward Burgess, plaintiff in
error ag Jcssc seigman ct n executors IN error To
the Circuit Court the United states for the Eastern
District OF This an ACTON brought by the
plaintiff .ockb sTST * the Memphis. carfaase
and Northwestern Railroad Company under
statute Of the state Oh Tnn oaog S S
petition alleges that November D. 1874 Judgment was
rendered in MS favor against the corporation by the Ds
trict Court OF Cherokee County, kansas Tor sz306l
which remains unsatshed: that In December 1874, the
CORPORATION was dissolyed and that tue defendants at
the date OF the dissolution and OF the were and
m are stockholders OF the corporation TO the amount 81
Ion dollars, and he demands Judgment for his debt
Joseph selgman, the principal defendant, answered
DENYING that defendants were ever stockhoders or
10 the stock OF the corporation and setting
forth oerhu facts and circumstance sta ID In the nnd
merely depOs ted in their lands by tho cor
poration, IN trust for temporary purposss
When the purpose was accomplished The cause was
tried by the Court and Judgment rendered for the de
ssndant. on certain findings OF fact, and the question
nres~nted here whether the facts found SUI
49, IN snnnort the Judgment This Court holds that
thev are tint upon a careful examination there be
no doubt the seligmans held the stock IN ques-
ton as trustees and eustOdnns by way OF collateral &c
nr,y for themselves the purchasers OF tho bonds
and that they not liable Tor tue company debts
The Judgment OF the Circuit Court Is affirmed with costs
Opinion Dy Justice Bradley 4,
A .decsion also rendered by the Court today In
the case Of the Chicago and Alton Railroad Company
ag tho Virgins Ferry COMPANY ms Sas sun De
gun state court OF Missouri 10y the "lgsns Ferry
C CSni,p' and Alton Railroad Company another
Illinois corporatiOn 10 recover dam9ges for the breach
Of contract by which, alleged, tho railroad company
bound itself not TO employ any other means tlan inc
sengers and freight coming ana going on rs railroad
across the Mississippi River at 81 Louis lhe only quea
ton presented here relates 10 the Legality OF an order OF
he crcn Court Of the United STATES FOR the Eastern
District OF Missouri, remandIng the case 70 the state
ia NOT suit arising under the Constitution laws OF the
United states wtnn the meaning OF the removal act,
court was correct and must De affirmed Opinion by
Tbs other cases decided TO day follows: No.
l4s-Henry J. Rogers, appellant, agt William
circuit court for npr the Northern District Of Illinois
Decree reversed and cause remanded, with directions
TO dismiss bill without prejudice to an action Mt law
oP Sa H. Embry administrator plaintiff in
error Ss To- w ~. re- Of Erors OF
cut Decree reversed with costs aud cause Temanded
with directions 10 have the bill dismissed. opinion by
Justico Matthews.
No l5-Benjanln Hayden. appellant qgt: c Manning;
appeal from Circuit Court OF the United states for
lie District VI Oregon Decree reversed with costs and
with ID % tns S S lSr
tion in proper court Opinion, by Jnsce Miler.
s5t error as 1 Tns Bank in
sTIo. 70 T fhs eoss Opinion by Justice
No I54-Tho Township ickaming plaintiff In error,
as tc5 sa% couIt for the western District Of Michigan
Judgment affirmed with costs aud interest opihioh ~
No Sia"Tho 81 Louis Iron Mountain Southern
Railway Company, appellant, agt the southern Express
| Company. Notion 10 dismiss ucnlcd' op'hon Ny oniei
| Justice Waite.
| No. Gothic Missouri, Kansas and Texas Railway
| Company appellant, ag william Ii. Dinsmore, pres
dent Moon dismiss denied motion for certiorarl
| granted OPINION by Chief Justice Waite. .
| road Company appellant agt. tho Southern tx
motion for certOrari granted announced by Chief
| Justice Waite. A.,
| No O4I-Charles f. King, plaintiff In error. agt the
nj Missouri Advanced assigned argument
| on the frst Monday In March.
No 2Ol-John d. Batty, plaintiff in error, egt. H. b.
young et al; 10 tht United States Circuit Court
for tno SOU bern District Of Illinois. tDocketed and ds
| missed with costs. ,,.
| NJ" 2O5-Warren Cummns. assignee etc, appellant
aot e. s. Floyd, widow etc. ct AL ppeal from United
60 trcult Court the Middle District Of Tennessee
| nocksted ana dismissed with csstR.