New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-22
United SrArEs SUPREME cOrRE
A RAILROAD AND = NATIONAL BANK CASE DECIDED
-nIIIR pEOlELnIN-

ArAuEOAD AID PNATIONAL BANK CASE DECIDED
-OrHFR PROCEEDINGS.
WASHINGTON. April 2l.-A decision was rem
derad IN the supreme Court Of the United Sa,es to-day
IA the raj road CAGES entitled T. J.. Amos and Others mo
Board Of Directors Of tie Cu'on Pacific Railroad COM
pauy plaintiffs n agt the state OF kansas * REL
r. g. johnston Attoncy-Gencrai. and tho kan-at Pacific
Railway Company, plaintiff iu error. at. m" same In
error 10 the Circuit Court OF tie United st'ies
for the District Kansas. These were suits
brought by the STAG % 'Kausas In her ova
courts against the Union Pacific ana kansas
ParIGc railroad companies 20 defeat le consolidation
Of these corporations which effected by an agree
maut entered January -. l'-o. The questions pre-
scented here relate the r-ht OF removal from the Star"
TO The FEDERAL Co.lts which is claimed by The railroad
companies and dencI by the -tae. Ihi, Court hollis
d That these ut. oi civ nature, o. mat they NJ
suits ans M under the LAVE OF the United STAGES, and 3D.
that they properly removable To- TIE Federal Court
un Ter the act u Marcn g. 1870 The order Is remand O
the state Court Sc reversed and the Uated
states Cour f. directed 10 entertain the c~ses
ptop,ry removed nom the state COuIt aId proceed
Herewith accordingly. opinion by thieustice Waite.
Adccsion was als1 rendered by the Court to-day in The
National Bank stock OF ueuIy Anderson. receiver
Of the F.r-t National Bank OF Allentown, PENN agt the
Philadelphia Warehouse Company I'm 10 the or
cut Court OF the United states for the Eastern District
Of Penn gviyan1 The question preented by this ~
whether a corporation which has taken National Bank
collateral security FOR loan has right uomL
nsy to transfer the cedeat' OF that stock 10 an IRE
spon,ibe person its employ aud have the certificate
registered ia the oi such irresponsible person. Ia
order To escape the liability winch would attach such
corporation "a stockhOltcr OF the bank I'm of the
banks failure and Insolvency. The Court holds THAT the
nominal transfer here brought in question gaade IN
good faith when the bank In good credit
aad paying large dividends. and years before
rs failure or even its far com
pany was concerned transfer made escape
an Impending calamity, bur 10 avoid mourning liability
which Il unwilling to assume, and which IL AT
perfect liberty shuD The Judgment of the Circuit
Court affirmed Opinion by ChiefJu,tce Waite jus
ticc Miller read dissenting opinion, in which he said
that II III any private persons
had placed property in the hands OF minors servants
other persons the purpose OF escaping
the responsibility attaching 10 the ownership OF such
property while securing all the advantages OF such
ership would he held TO be Transaction which could
not supported any legal equitable principle The
transfer present case, If not actual fraud
frand upon the banking law and intended tO.be,
by both the original holders of the bank shares and the
officers of the Warehouse Company. Justice Matthews
ioined in Justice Nuller's dissent
other cases decided to-day "a follows:
No. 293-The Mansfield Codwater aud Lake Michigan
Railway Company and others, plaintiff IA error at John
and others etc I'm 10 the Circuit Court OF tho
United states FOR the Northern District Of Ohio. Judg
reversed with costs against the plaintiff IN error
aud remanded WITH directions To render Judgment
them tOI costs IN that court aud 10 remand tue
tOrt Pleas or FultOn County ONO. OpII
ION by Mr. Justice Matthews
No. 3I3-Myrt Clark Gaines. appellant, agt Charles
Miller. administrator etc. Appeal IRON the Cmclut Court
OF the United the Eastern District OF Missouri
Decree affirmed with costs opinion by Mr' Justice
Woods.
George II. Grmdiean United states Deputy surveyor;
No $50 Alfred Slidcl and Others. appellants agt james
g. Richardson, register, etc; No 9l6, Al red Siel and
and No on Alfred 5dcu and Others. plaintiff error
cR Cor of the United states Tor the Eastern District
. Of
the court these delivered On March had been
modified Is to hold thar the grant under which tho
plalutltfs claim extends 10 ems IN tne beyond
4 tnr grant immct atcly on TIE river.
/ No. 2Sl-rhc corn Exchange National Bank, plaintiff
In error agt Emile ScheppeTs and Others etc In error
10 he Circuit OF the United states the Lasern
District OF PennSy wanna Judgment reversed with costs
aud remanded with directions 10 yard new tria
} Opinion ~ Mr.. justice Miller.
30 IL tJ-Jonn b. Alley, appellant agt. Eliphnct Mott
Appeal from the Circuit Court Of the Unu'l states
the southern District OF Ncw-lork Decree affirmed
! with costs. opinion by Mr.. Chief Justice Waite.
No. I,22l-Ihe Texas Paeinc Rail Company ptlin-
TN IN error ag Laura XIX. MOtlOu Ia amend granted
Motion To Affirm on dismiss denied. Opinion Oy Mr. Chief
No. 263~rhe Texas Pacific Railway Company. plain
I'D la AIT James Murphy Motions 10 dismiss 0f
affirm NscAtc aupCIsedess denied. OpiuiOn Oy Mr.
CMcf Justice " ate.
Tue other business transacted to-day follows;
No 23d-JohnG Klnan. al trustees. ETC. appellants
ag tOuushaus, irusteo etc Motion tVroforh d',tce
| No lIO0-Jusc Aurrecoeche, plaHfd error agt Ano
HbanSs Motion 10 yaoaa Judgment aud s1bassl"n OF case
80 268-lhe n Paul g VI nv. Co, pianur in err
baVd ButJn. suOinl1tod uhaoi gu tae iot deehA
No i6s5-Georwe Friend AL plaintiffs rll,
LOIS Tho iIsdStl oct tounany, pianiin 10 error AZ
t9uester n hsgss Notion v1a's sup s.' ~ sa1
Granville o iiAior MOii"n 10 disniss OF Anna sHo
SO 5ls- Lo Barou a. Colt e. al appellants agL EhEa5cu
II. Coli, 80, VI A. Argument continued