New-York tribune., 1885-03-17
THE COURIS.
THE UNITED STATES SUPREME COURT.
PRIZE MONEY DUE THE CAPrORs OF THE ALBEMARLE
THE VIRGINIA COUPON CASES.


WASHINGTON, March 16.-A decision was
rendered by Supreme of the United States to-
day In the prize mone OF the United states, appel
ant against Charles L. Steever; appeal from the Court
of Claims. This suit brought by the appellee uh-
the of Congress OF August g. 1892 to recover e
necessary to make up his lawful share OF the
prize money awarded for the capture OF the rebci ram
Albemare in Roanake River, n. c., October 27, 1854
The Albemare was captured and sunk by atorpedo
launch, OF which Lieutenant William IL. Cushihg was
commanding officer and appellee third assistant GU
gineer. The question whether appellee has heretoore
received than his lawful share OF the prize
money awarded depends upon the question whether
arger shares than the prize act warranted were allowed
and paid TO Lieutenant Cushing, the commanding ocer'
aud william L. Howarth and Thomas $. Gay, acting
masters mates The prize court held that all the ohi
GERS and men the torpedo launch were entitled to
proportional to their rate OF pay and III dstrDu
ing the amounts due the Secretary of the Navy com
puted the shares Cushing Howarh and Gay upon the
basis of pay and rank TO which they had been promoted
while the prize proceedings were pending. Upon
a rehearing OF the case under the ACT
of August g, 1892 the Court OF Claims
decided that Cushing Howarih and Gay
had been overpaid and the remainder OF the
crew of the launch underpad to the amount of $Gi7Os
and accordingly awarded DEGREES for the balances due
to the underpaid officers and men. The case comes to
this court upon appeal taken by the United states
from one of these DEGREES.
The court holds: First, tnat q tOrpeu0 launcn Ut
tached to q division OF Naval squadron though not
proved TO have any books, is "ship" within the
meaning of the Prize Act of juno 80, 1864 and her
mander is entitled to one-tenth of the prize money
awarded to her. and not TO share proportoned to his
rate of pay but her other officers and men are entitled
share In proportion to their rates OF pay; second
that the distribution of prize money among the subordi
nate officers and of ship" In proportion to their
respective of pay the service under the Prize
Act of June so 1864, is TO be made according TO their
pay at the time OF the capture and not according
to the pay Of grades to which they have since
been promoted of that time; third that under the act
of August 1892 referring the claims of the captors OF
the ram Albemare the Court of Claims each capor IL
entitled such sum together with the sum
formerly paid him under the prize DEGREES Will equal his
thus laid down the Third Assistant Engineers OF the
launch would each be entitled TO nearly half "a much
again. and Acting Assistant Pay master to nearly
twice much prize money as her commanding oihcer.
Court referring To this fact that the einequable
operation of the laws in the of vessel having
small number OF officers and men n matter Tor the
consideration of Congress aud not of the courts The
amount to which, under this decision, Lieutenant Cus
ing would be entitled is $4,000. He actually received.
however under the the prize and the
Secretary Of the Navy $4,000, that he does not sur
fer from the present decision The amounts which are
found be still due the crew Of the torpedo launch
range from about 81 in the of coaLheavcrs
nearly 5000 in the case of the Third Assistant En-
i Judgment Of the Court of Claims is affirmed
Tie which are known as the virginia Coupon
Tax Cases and which assigned for argument at the
call in tho United statos SIpIcue Court day. will
probably not be reached before Wednesday Thursday
In view OF the Importance OF the questions involved the
coutt to-day gave notice that twelve hours would be al
lowed for argument. that the cases will consume the
remainder OF the week and perhaps Que day OF next IL
is expected that there Will bc an auay OF distinguished
counsel. including william l. Royal, General ID. III.
Chamberlain, General Wager swain. aud Senator Evarts
for the bondhoders. aud H. L. Merrick Attorney General
Blair OF Virginia ana A. II. Garland, United states At
torney (enera but appearing in his private capacity,
for the state OF Virginia One OF the eases comes from
Richmond City Hastings Court. two from the United |
States Circuit Court for the Eas ern District OF Virginia
and ens frs wS she gn ycdn ~ the Court IL, & e Of
the Cooper Manufacturing COMPANY OF Mount vernon,
ONO plaintiff IN elSr agnst us me rTson
District of Colorado. This was suit brought by the
Misunderstanding company TO recover "A sum OF money |
alleged to be due 1t a for machinery to be
furnished by to Enrguson Harrison, the defendants
i'm error who were Hrm doing busnes, In Colorado.
Fi,rgusOu Harrison set up hc defence that the manu-
featuring company In making this contract was doing
business In Colorado unlawfuy since the constitution
and laws that state prohibited foreign corporations
from ransdcng business there unless they filed
tcate with the Secretary of state, and opened regular
oce principal place OF business for the state and
put II In charge OF a duly authorized agent
Fnrguson a Harrison is not good. inasmnch
1t is not shown that the manufacturing COMPANY had
other business transaction in Colorado than this pirc
not be construed 10 impose upon foreign corporation
limitations of its right 10 make con racs IN the sate py
would De invasion OF the exclusive right OF Congress
TO regulate commerce among the several States. The
be literally Interpreted KeasInaby construed tho
and the statutes oi Colorado forbid, the
doing OF a single of business In the state but
carrying OF business by foreign corporation without
the ing Of a certificate and the appo ntnent OF an
agent required by the statute. The Judgment OF the
Court below Is reversed and the remandcd for fur
Justices Matthews and Blatchford concur in the
judgment. but base their concurrence on tie ground
that the construction claimed for the constitution OF
Colorado and the statute passed IN execution OF IT,
lie extended to prevent the paiutif in error.
another STATE from acting business
In Colorado which OF itself ia commerce The transac
the making OF n contract In Colorado To manufacture
certain machinery In Ohio TO be then delivered ~ the
IT, except upon conditions Is regulate com
ncrce between Colorado and Ohio, which is within the
cannot prohibit foreign corporation from selling in
that state by contracts made there its machinery
The only other decision of public Importance rendered
by the Court today was that In the case
P GS Crowley Chief Of Police of p san rrancseo SaSo
In error to Tie United States ircnt Court for the Dis
trict OF California This Is another Chinese laundry
case and involves the validity OF municipal ordinance
similar to that wsleh was By this court In tho
The holds that the sanitary and police regulations
interference by the Federal tribunals unless they arc
made tho occasion for invading the substantial rights Of
and such Invasion IL caused by the regulation
in question The Judgment OF the court below Is af-
fnned.
The other decisions rendered to-day were MS follows
No 8sG-IidaC Hardin adnins atriS and others appel.
art cn af dnni @rnd he s0 the the e sen
Of Arkansas Decree si,ed Win costs o,,., m
%nd 81 - n Sq tea Ted rii ,e g ny
So DorseyEw Garter appellant sgt Martha lane
bntrct 1aI Of coanba Decree arnsd wt costa
No j-E Mary Gregory and others. Piaintih IN error agt
Jose and In To the Supreme Court
D; The state Nebraska judgment affirmed with costs
No l024he Fourth National Bank o. - Louis appellant
agt and others Appeal fIOn the Circuit Court
,f the United states for The District OF Missouri
Dismissed want OF jurisdiction
No 119-The Memphis and Little Rock Railroad Company
gpei1t ag George Bonner ana Others hppen from the
Arkansss Dismissed for want Of jurisdiction.
NO o2sJoseph Davies collector etc p1ntiG in error agt
the Unted statesex rel Austin CDrbin aud others and
NO l2g9MAbner Gaines collector etc. plaintiff IN error
ton 10 dismiss afr denied
g. OF hers appeIlant the
Memphis and Little Rock Railroad Company Motion dis
miss affirm denied
No he orlaf nd