The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1883-11-06
WASHINGTON.

lne new supreme court Ekep0ftefs
WARRINGTON, Nov. Sat the conclusion of
the reading of the opinions in the United
States Supreme Court to-day Chief Justice
Waite announced the resignation of Judge
Otto, official reporter of the court, and the
appointment of j. G. Bancroft Davis to fill the
vacancy thus caused.
Decisions in the United States Supreme
Court.
The United States Supreme Court to-day
rendered decision in the case of the Man
haitian Life Insurance Company, plaintiff, VS..
John G.. BroughtoD, trustee 1t was a suit
upon policy of insurance on the life of Israel
Ferguson. The defence set up by the COM
pany in the Circuit Court was that it was ex-
pressly provided in the policy of insurance
that If the assured should die by suicide the
policy would be null and void, and the ssured
did die that way-hanging himself The court
holds that self-killing by an insane person
understanding physical nature and the conse-
quences of the act, but not the moral aspect, is
not death by suicide within the meaning of the
conditions in the policy of insurance upon a
life. that the policy shall be null and void in
case he shall die by suicide. Judgment of the
Circuit Court was affirmed with costs and in
terest. The opinion was by Justice Gray.
q. A. Arthur, Collector, plaintiff in error,
vs. Henry Pastor ct al, in error to the Circuit
Court of the United States for the Southern
District of New York. The controversy in
this case relates to the proper duty on washed
wool, imported in 1876.
The collector, in accordance with his con-
struction CT title 80 Revised Statutes, schedule
L, exacted duty as follows On 1924 pounds
at 20 cents per pound $658 80: on 81 627 (ts
value washed) at % per cent, $359.94; total,
81 ,016.74 The importers calculation was: On
1924 pounds at 20 cents per pound, $65S.80; on
$813.50, (unwashe ed value) at % per cent,
$178.95; total, $837.77.
The court holds that the importers under
standing of the law is correct, anb that the
collector erred in apparently assuming that the
same number of pounds of unwashed wool was
as much as washed wool. The suppostion is
inconsistent with the fact as admitted land with
evident meaning of the law. The law declares
that the duty upon given quantity of washed
wool shall be twice amount duty to which ii
would be subjected if imported unwashed. If
the rule adopted by the collector should pre-
vail the amount of ad vaorum duty or
hundred pounds washed wool would
be four times as great as that upon 100 pounds
of unwashed wool, for the duty would not only
be doubled, but would be assessed upon double
the value OF the wool in an unwashed
condition. This is contrary to the plain
intent of the law. Judgment of
the Circnit court, in favor of the importer sus-
tanned. Opinion by Justics Matt hews. The
provision of the old tariff to which construction
sin the new tariff so the decision has present
and prospective as we'll as retrospective effect.
Henry Newman, plaintiff, in error vS. G. A.
Arthur collector, in error. to the Circuit court
of the United States of the southern district
of New York. This case involves the proper
rate of duty upon cotton cloth known as "cot-
ton Italians" which is extensively used for coat
Innings The collector exacted duty at the
rate of 81 cents per square yard and 20 per
cent. avaiorem Under clause 8, schedule A,
(section 2504, revised statutes) the importer
maintained that the goods should pay only 35
per cent. advalorem as manufacturers cot
ton not otherwise provided for" The Court
sustains the action of the Collector
and holds that "cotton Italian's' al
though not expressly named in the
law, came clearly within the description of
clause 8, schedule A, as cotton goods, exceed
ing 200 threads to the square inch, counting
warp and filling, colored, stained or printed.
The Judgment of the Circuit Court in favor of
the collector was affirmed with costs. Opinion
by Justice Matthews.
The Court of Claims.
A rumor was current today tbs the vacancy
in the Court of Claims, made by the resigna-
tion of J. @. Bancroft Davis will be- rendered
Secretary Folger. Hon. Kenneth Raynor, So
licitor OF the treasury, who is known to be one
OF the most prominent applicants for the place,
said he Judge Rsynor) accepted his present
position under the administration of President
Hayes, with the understanding that he should
have the first vacancy in the Court of Claims.
Promotions in the Army.
The Secretary of War has decided that in fu-
ture promotions in the army will be governed
strictly by seniority, except in case of disabil-
ty or other incompetency, consequently an Off
cor who has been found disabled by the retir-
ing board will not be promoted to higher
grade.
miscellaneous.
The Postmaster General has fixed the salary
of post-ofice inspectors at 81 600 per annum.
The salaries of Division Inspector Seybolde of
San Francisco, and Division Inspector Hender-
son of this city have been fixed at $1,000.