New-York tribune., 1884-11-04
THE COURTS.
THE United STATES SUPREME COURT.

WASHINGTON. Nov. 3-A decision was rem
dcrcd by the Supreme Court of the United states ts "
i'm another Of the long series OF cases when nave
arisen out OF the adoption of the HlNth ana AVN
Amendments the Constitution The present
IS that of John Elk plaintiff in against Charles
wilkins and which comes from the District OF Nebraska
"a st BROUGHT by an Indian against the registrar OF
one of the wards of Omaha for refusing TO register MIN
as qualified voter therein. The questions presented are
whether the plaintiff in Is citizen OF the United
States and whether he has been denied any right guar
ateed him by the XVIII Amendment to the Federal Con-
sttuton The court, in long and elaborate opinion by
Mr. Justice Gray holds ~ that an Indian who is born
mc,nber of one Of the Indian tribes within the United
States which still exist and is recognized as tribe by
the Government, and who has voluntarily separated
himself his tribe and taken up his residence among
the white citizens of State but who has not becn nat
ualizcd or taxed recognized as citizen either by the
United states or by the State, is not citizen Of the
United states within the meaning of the first section of
the XIVth Amendment and 2), that the palntlh III er
ror not being citizen Of the United States under the
XIVth Amendment, has been deprived OF no night Sc
cured lv the XVIII Amendment, and cannot maintain
the action The Judgment of the Circuit Court is affirmed
Justice Harlan read long dissenting opinion In behalf
Of Justice Woods and himself
decision was also rendered by the
court today in the important patent Of BENJAMIN
HntterWOrth. Commissioner OF Patents plaH IN error
AGAINST the United states, rel Richard II. Hoe and
others This was "a suit brought for the purpose OF OH
to issue a patent in accordance with his own decision
Notwithstanding the fact that that ucClslon hu Deeh
oycred and reversed upon appeal by the secretary or
the Interior The question presented here Is whether
any ript of appca in patent from the de
f the Conmi ,sOHcr the Secretary of the ntc
rinr The court in a long opinion by Justice Matthews
holds fat an arpea does lie in patent to the
Secretary of the Interiors that the Commissioner Of
Patents has the exclusive hight TO decide for himself
whether or not patent ougt to issue, and the Secretary
of he Interior has authority TO review such decision.
If the Commissioner rrls, the party aegilcNcd has a
statutory remedy but that remedy is not an appeal to
the Sccrctqry The Judgment OF the supreme Court Of
tbe District Of Columbia awarding writ Of mandaInus Is
affirmed. 80
Decisions were also rendered in the following cases:
Joseph Cooper plaintiff in ag the city OF NewOr
Icons. Judgment reversed
Hickman the Circuit COut OF The United states
for the District The Judgment OF The Circuit Court
reversed with directions 10 enter Judgment Tor the deicn
dunt with costa ,,.,,o,.. 49,. ,,-,
L Flanders In 10 the Circuit Court Of the
United for the Eastern District OF Louisiana Judg
mcnt affirmed. ~
lace Appeal from the supreme Court Othe District OF cOl.
umhia bearee ia Gene al Term July o. lsS1 reversed
with costs and cmandcd with direction 10 Affirm with
Of the Court IA Special Term made Dccem or
- so and take direct such such further proceedings
az may conformity with aw and not inconsistent with
the OI iniOns Of this court - 49,
Nol7-JcsephJ J. Mesman. appellant agt Casper A. Wer.
Appeal from the Circuit Court tho United
States for tie Dstrc' OF Iowa Decree reversed with costs
and cause 10 the circuit Court Of the United states
m the District OF Iowa, with directions 10 enter
dorree foI The complainant with costs
No Adams County, plantln IN error agt t, Rurng
ton Missouri River Railroad company and others In
error 10 The supreme OF the sta Of Iowa Dismissed
/ flrW q