The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-03-03
THE SUPREME COURT.
Chlef-Justice Waite Again in His Place-De-
cision as to Stolen Bonds.

Chlef-Justice Waite Again in His Place-De-
cision as to Stolen Bonds.
WASHINGTON, D. c., March 3-The Supreme
court Of the United States reassembled to-day,
after the February recess, Chief-justice Waite
presiding for the first time since his recent i'll
ness. A large number of decisions were rendered,
but only fewwere of general public interest In
the case of the United States, appellant. against
Edward l.. Jordan. which was suit to recover
certain internal revenue taxes illegally collected
from citizens of Tennessee, the court hold that
it is not within the discretion Of the Secretary of
the Treasury or any court to determine whether
the several sums specified in the act of Congress
providing for refunding these taxes were or
were not the exact sums OF taxes actually as
sessed and collected. The judgment OF the
Court OF Claims is affirmed.
A decision was also rendered in the stolen
bond cases of J. S. Morgan 81 Co., and L. Won
Hoffman & Co., appellants, against the United
States; and the United States, appellant, against
the Manhattan Savings Institution-appeals
from the Court of Claims. These four cases in
volve claims against the United States for pay
ment of certain five-twenty coupons, amounting
to $2S, 900. On the 9th of October, 1873, these
bonds were in possession of the Manhattan Saw
ings Institution, savings bank of New York
city, but on that day they, with other bonds
amounting in all to about 81 500, 900, were taken
from the safe of the bank by burglars and car
ried away. On the 30th of July, in that same
year. the Secretary Of the Treasury had issued a
call for redemption of S., 900, 900 of fivetwenty
bonds, including the bonds here in controversy
and had given notice that they would be paid on
and after Oct. 10, 1878 AT different times dur
ing the following year, Morgan e Co. and Won
Hoffman 81 Co., of London, England, purchased,
in good faith, from well-known and responsible
dealers in that city. the thirtysix bonds here in
in controversy, which had been called for re-
demption and stolen from the Manhattan Saw
ings Institution just previous to maturity Of the
call. When Morgan & Co. and Won Hoffman g.
ury for redemption, payment was re-
fused on account of the adverse claim Of
the Manhattan Savings Institution from
which they had been stolen The claims Of the
several parties were then submitted by the Sec
rotary Of the Treasury to the Court of Claims
for adjudication and the court decided in favor
of the Manhattan Company. This court holds
that the title of Morgan & Co. and Van Hof-
man & Co., respectively to the bonds claimed
by them ought to have prevailed against that set
up by the Manhattan Savings Institutions and for
error in not so holding, the several judgments of
the Court of Claims in these cases are reversed
and the cases remanded, with directions to rem
der Judgment in accordance with this opinion.
A decision was also rendered in the habeas
corpus case of Clinton b. Fisk, petitioner, which
presents the question whether, III civil service
suit removed from State to federal court
the latter can continue and enforce an order OF q
State court requiring defendant to submit to
examination as party before trial on penalty
of fine and Imprisonment. This court holds
that petitioner having removed his case into a
circuit court has right to have it's further
progress governed by the law of the latter court
and not by that of the court from
which it was removed; and if one of
the advantages Of this removal was escape from
this examination he has right to that benefit
if his case was rightfuly removed. The Circuit
Court was therefore without authority to make
orders for examination of the petitioner in this
case, and equally without authority to enforce
those orders by process for contempt of it's or
der. The filming Of him for contempt and com
hitting him to the custody of the marshal was
without jurisdiction and void The petitioner is
entitled to his release.