New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-11-06
THE COURTS.
UNITED STATES SUPREME COURT.
DECISIONS RENDERED YESTERDAY IN SEVERAL y

WASHINGTON, Nov. 5.-The proceedings of
ne United States Supreme Court to-day follows
No 64-The Good Intent TOwboat Company ct al, ap-
rellants agt The Atlantic Mutual Insurance Company
IT al Appeal from the Circuit Court Of tie United
States for the District of Louisiana. Decree affirmed
with costs and remaDded to the Circuit Court Of the
United states for Eastern District of Louisiana.
No 9s7-The Atlantic Mutual Insurance Company ct
AL appellants agt. The Good Intent TowbOat Company
ct al Appeal from the Circuit Court Of the United states
for the District Of louisiana Appeal dismissed with
costs and remanded to the Circuit Court Of the
United States for the Eastern District of louisiana
Opinion by Mr. Justice DlatcLfOrd.
No. 7S.-The Double pointed Tack Company, appellant
agt the Two Rivers Manufacturing Company ct al Ai
neal from the Circuit Court of the United states Tor the
Eastern District of Wisconsin. This was SUIT
for alleged infringement Of patent on colhPolhu
staple fastening for balls. The Court hods that 'e s
claim OF the patent did not describe pateh"pio Nc
ton and the second claim did not set ioi'h pa'apic
combination The patent, therefore, IS vod' ana the
decree of the Circuit Court must be affirmed WIN costs
Opinion by Mr.. Justice Biatehiord.
No 63-The Manhattan Life insurance company
ulanti in error agt John G. Broughtoh trustee III error
10 the Crcuit Court Of the United states Tor the Southern
district Of New York This was suit upon policy Of
,rrce nm the life of Israel Ferguson. The defence set
M by the company in the Circuit Court was first that the
court had nc jurisdictions second that the same issues
had been previously tried and decided In favor of the
company In State court, and that the Judgment was
bar 10 this action and third, that il expressly pro
yded in the policy of insurance that if the assured should
die by suicide the policy shond be null and void and the
assured did die in that way, hanging himself in Central
Park New York, April H. 1876. This Court holds, first,
that the Circuit Court had jurisdiction; second that
Judgment Of nOnsuit is no bar TO action, and OF no
weight as evidence at the trial of that action
and third, that a selfkillmg by an insane person,
understanding the physical nature and consequences OF
his act but its moral aspect is not death by suicide
within the meaning Of condition IN policy of insurance
upon his life the policy shall be void in he shall
die by suicide. The judgment Of the Circst Court is
affirmed with and interest Opinion by Mr. Justice
Gray.
No &C A. Arthur, Collector, plaintiff in error, agt.
Henry Pastor ct al. In the Circuit Court Of the
United States for the Southern District Of NewYoIk. The
controversy this relates to the proper duty
washed wool imported in 1876. The Collector in
dance with his construction OF title SO OF the Revised
Statutes schedule l., exacted duty follows on 1924
pounds at 20 cents per pound S65S so; Sl627 dts
value washed) at 22 per cent 1897 Of total, - 0l67l
TIE importers calculation on 1924 pounds az 20
cents per pound. $6js so; 1913 30 Wnwashod value
at % per cent Sl7s % total, 1897 IL This Court holds
that the importers understanding of the law is
and that the Collector erred in apparently assuming that
the same number of pounds of unwashed wool would be
worth as much washed wool-a suppo-
son Inconsistent with the fact admitted,
and with the evident of the law The law declares
I've twice the amount of duty to which u would he sub
ected if imported unwashed II the rule adopted by the
Collector should prevail the amount Of the adj Nalorcm
duty on one hundred pounds of washed wool would he
four times a great a taat upon one hundred ouhS OF
unvashcd WOOL for the duty would not only be doubled
but would assessed upon double the value of the wool
in it, uuwashed condition This Is contrary 10 the plain
favor of ae importer is affirmed with costs, Opinion 10y
Mr.. Justice Matthews. the r~ovson Of the Old t2rh TO
changed in the new tariff That the decision has pres
ent and prospective a. well as IA retrospective eject
Newman q. G.. \
Arthur Collector. In error 10 the Circuit Court OF the
United states for the Southern District Of New-York
This is another and the question involved
j. the proper. rate Of duty upon Il cotton cloth
known sc OltOn Italians which is exclusively used
for Innings The Collector eXactcd duty al the rate
of 52 per square yard and 20 cent adj vaOrcm
under clause 81 the schedule lsecton 2oO4 RcNscd
Staues. The importer maintained that the goods should
pay only 80 cent ad yalorem as manufactures OF cot
ION not otherwise provided for inns court snSlas the
action OF the Collector and holds that cotton Italians
although not expressly named in law, come within the
description Of clause scheduled as cotton goods exeec
ing 200 threads 10 the square nch counting the warp and
t If fb Circuit Court in fTor OF The Collector il at
hImed with costs. Opinion by Mr.. Justice Matthews.
Fisher; and No $50, The United states appellant agt
Charles Mitchell Appeals from the Court OF Claims ihe
decision of the Court III these two has been awaited
with than usual interest," ioT the reason that they
supposed to involve the right and power 81 CongIes
vicus statutes dennitey fixing The CONDENSATION TO which
such officers should he entitled. The first OF
Chief Justice Of Wyoming, whose salary was
any time repealed, but Congress IN the Lcgls
laye, Executive and Judicial Appropriation m' 0I ipfl
rs and ~ appropriated for the salary Of the Chief
Justice OF Wyoming only 5000 annually ana added
that this should be in full compensation Tor BIS ser
vices Chel-Justee Fisher believing himself 10 De
entitled TO the whole $4,000 per annum liked a. the
salary OF Ills once py an uhIcptdNu anu tN
listing statute, brought suit in the Court OF Claims
the amount of the deficiency and obtained
pro forma Judgment IN MS favor, rms conrt
that judgment, on the ground That the act hHuG bs
salary not contract with MN; that congress lldd
full power at any time TO change lhe fdicoi NJ GoIen
satOn; and that 1t the evident intention OF congress
the earlier statute fixing his salary at $1,000 aud
reduce that salary during the time covered 10y
nun. In the second Of the above named case,
that Of the United States Charles Mitchell an Indian
men his favor in the Court OF Claims, bat IL j. reversed
here on appeal Tor nearly me same reasons MnCH arr
Question Whether simple failure by Congress TO appro
pirate any, sufficient 10 pay the salary OF an Of
an expression Of purpose By Congress 10
reduce that salary Tie effect Of tie present decision
10 be to confirm the power OF Congress 10 regulate
by means Of appropriation bills, and without any separate
and specific legislation, all salaries Oycwhcn II h'S CON
troll and 10 change every year the salary % every ',
of the Government except the President ana JndY n
the Federal Courts, by merely changing tue amount ap
Rrol rlated Tor tae PaSeI Gl fnnt oGer ana ~
The opinions in these cases were prepared by Justice
No. 23.-Charles E. Hovey ct al, appellants, ag A.
Mcdonald ct al. Appeal IRON supreme Court OF t- s
trict of Columbia. Decree anfmed WIN COSTS OPINION
No 56-AnIe Louis, plaintiff in error vs.. trustees Of
Brown Township, In to tine Circuit Court Of
the United Northern District Of O1io Judgment
tirIned with costs. Opinion by Justice Miller Jusucr
Maithe VS. did sit in This case)
No 7-Original e. parte la the matter Ot the Com
1nonwealth of PennsJ lvania petitioner Petition for
writ Of prohibition denied. Opinion by Chief Jn>''r
Waite
nellant Va Liverpool, London and Globe ms .tr COM
pany Appeal from the Circdt Court OF Umt waves .'
district OF Indiana Decree aIheu why coS'.' '.''N
by Chief Justice Waite.
No, 46-wiliam II. GuiOn, appellant vs. Liverpool,
London and Globe Company. Appeal from me
Circuit Court Of the United states for the District 81 IN
diana Dismissed for want Of jurisdiction. Opinion by
No s56-G. b. Hunt ct al, appellants David =.
Writ NJ gun