New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-04-06
SUPREME COURT DECISION.
EXPLOITATION STAMPS ON TOBACCO
CASE AGAINST COLLECTOR ARTuUR-MURDER FOR
LIFE INSURANCE.


w.suISGrOy, April 5.-Decsions were rem
as,.d IN the Supreme Court to-day AS follows:
Ia ca.c No. $50 -rurpn 4 Brother plaintiffs in error
ar, Rash Borgess. Collector OF Internal Revenue fos
the IiId District of Virginia II error to the Circuit
Court OF the United states for the Eastern Disrlct OF
Virginia The Suprs Court OF the United states tju"-
ecs Bradley delivering its opinonl declared Cohst'u
touai tho expectation stamp required to lie a'hxed 70
every package OF tobacco intended for export"tion
before removal from the factory holding that on excise
laid on before Its removal from the factory
moi n duty on "cxports" "on articles exported"
within the pTohitou OF the Contribution, even though
thu tobacco be intended expectation and therefore
Affirming the decision OF the Circuit Court
In No. Motivation Ferguson, plaintiff in error art
Chester A. Arthur late Collector OF tn. Port OF Now
York In error to Circuit Court OF tle United states
for the Southern District Of New-YorS This was an
acton brought paid under protest in
January 1876, as duties on Importation OF "Henrys
cacined maguesia" A duty OF 30 per cent al valoren
was exacted on the merchandise the collector chasing
It "a proprietary medicine The plaintiff contcnded
that tho article dutable at y cents pound under
the schedule of the tariff providing for duty Of Il
cents 4 pound msgnesa calcined' AT tho tria III
the lower court there was verdict for the deienu"
and the plaintiff appealed. the Supreme Court affrmed
the gment Of the lower court justice ba'cIoro 10
lvered the opinIon OF the court
In the Illinois Midland Railway Company cases mos
l2l2 2l3 lcl4 1919 the Supreme Court ent red the
following Tic nterlocuory decree OF June IL,
so allow the Warngs the beneht OF the 99i
mortgage bonds Of Paris ami Decatur Railroad Com
pany az and uncanceed bonds, ana so ar
a, they deny priority the mortgage bonds OF that
company !, the items Of S3O322 and $4l40 claimed by
Wdrng Brothers and far as they fail TO prov 10 mat
there shall be no priority preference with the exc e
ton of and receivers certificates issued
to money pay taxes or 10 discharge tax ens
among the debts and claims whether receivers cetih
Gates OF other debts which allowed precedeEco over
hand sof al 41Q
manded % the Circuit Court with direction TO make
those notifications IN the DEGREES and In all other re-
spects the DEGREES affirmed.
40 Ir3-The Mutual Life Insurance Company Of New
York plaintiff in error, agt Julia Armstrong, adj
iniuisrarix OF John u. Armstrong. deceased Ia De-
o. ab-r, 1871 the Insurance company issued an edow
Ipert policy the life Of John ~ Armstrong, OF Ph'a
cerha for 81 5000 The policy acepayao!e TO Inc
rd or his December 1877 or he should
die before that tine then TO his leg representatives.
Armstrong assigned the policy to ono Benjamin Hunter
-Sho p,Id The premium thereon On Armstrong; death
e ,.uired and proof Of MS death having been
crushed tins company and the money not being
os,1 as widow, who was appoin "A Administrative.
sroasht suit a state court N New-YoTs for Its re-
~yye-y and tie defendants motion Vas removed to
- Circuit Court OF tic United States. The company set
up defence among others that the pocy was obtained
ny Hunter with the intent to defr@ui the
company By composing tho death OF the assured
Within SIX weeks policy was issued
Armstrong was attacked At night III Camden and re-
ceived blows on head which fractured his scull. from
effects which he ded Hunter WAS arrested tried
sud convicted OF the murder AID was executed At the
trial " this suit ,he lower the reading 4 the
testimony % Thomas Graham TO SLOW tina: Hunter IN
tcn,cually caused the des.h OF Armstrong WAS OK
cuaed The jury gave verdict for the lull amount OF
the policy interest The Supreme Court revcrses
thai Judgment and remanls tns case for a new tnaL
Justice Field delivered the opinion OF The court
IN ex-par,-. Charles W. Fonda. now UNDERGOING sem
auf half IN the Jackson, Mich,
state Prison for embezzement o: funds of the FIRST
National Bank OF Cons antiae. Mich. o. which NJ was
clerk. motion to ~ petition for writ of habeas corpus
denied.
sns 81 Game, s%IgTn AiEeM Hen me H N V0qE'
Decree reyersec in par add adrmei in part sch party
MS costs ih- court and Ole hall The e:pcrss
20. .G7Hhbb, nali kniip painnr OF, at. ne Hom
Cour o. tho Uniled stat lie District o' Mssss
81 SD Brothers Plaintiffs agt. wM
HaS 50. Igcgw Nj DER & COMPANY plaintiffs in agt.
p pfs taJ ls9 9T he biss Of
ca 81 resndec to tae sa. Circuit proceed
hr Ne La therein sceorns to aw rt Of error sned
pad Bf%tlsrs 0plo4 y Iqs t44 Mathew
Scott and .hrz exeeqo ei In error 70 the CeH SGSTt
Juagmn a1rued with costs ana interest opinion by Jus
al lnous opHeck Dqint, , in eTro agt the
E Sg Of & state % new YorR Iadn ea, sfTed WG
Ul1uion by Justice Miller - ,o -
sonih caroma in emo 10 he supreme
o. sonth aroma lad meIt a1Ioed with costs opinion
No Il--ire Town Of Mshomot. plaintiffs in at.
y"9 Il g. kenI@h n, enor a 10 G Of gSo JndenenT
auI l-edw with opinion by her Justice Waite
,, ~. 1T ~ Il G an an: K6dns EsToad AREA
tie United StHt,s for ne District %
Nowl'ampsAre. Discussed Tor The Eslt OF jurisdiction
No sOug hl cx palte N the matter Of lhoenx lnsuI-
arc rompars ara ohers Itio ~ ave u ms c'lIiyn
~. lesi~il.s United :.ies. appellant, agt William
t.! M = lcl:C for
l3nt an by green y hann or +ppeilee
No 13-t;eDg~ O,hmn apr chant. aSt the AmadOr and
S4d re 10y Gcs ioi The ant ANA Il Mcnene
81 ll2--Wtian X Peters pantm IN error agt William
u "1"ts1n 60! ecto ere IN error 10 he Slicu .rt o.
W l2e6-Ths cambria Iron COMPANY. appellant. AT:
Thomas O>Dcum trustee Advanced IsJaat TO I'D
r. submitted by NJ Ram-ey ana Llwrenee Maxwell
Mortimer Mathews for appellant ana by Matthews
No 5~iIispal pare-In matter Hollon Parker,
petitioner. m motion o W ii ~mi h extension OF time
"a Intel m-whi "a to max return To ruie:
2ll -George ,o,sOn. Os IN III GRO, agt ne Statc
o. Maryland Argued By lien j. Lone, ru axe val
the plaintiff ana subHh ted on printed Igu
charles Roberts ami Charles J N CIV mn for
oe encant IN error.
~ 2I2- a. company. Plaintiffs in error agt
Joseph Tnuu.on. Areue b, II 3 iOmpkns fo The PLAN
W ;. IIor STse Hi naR srrr at the rerorg
Of .shinstan rel Elw"Of Evans District ttIriey
Discussed with costs pur-u4nt 10 10Th "nie , -
No 2l4-G Hunt and others appellants agt Dav,d ID
Oliver Argument couIOsnced D. Henry N Du!heid Tor
appellants
Adjourned until tomorrow at ~ o'clock.
ORDERING A NEW ACCOUNTING.
Surrogate Lott in Brooklyn yesterday, Or
dered reaccounng by the executors Of the estate OF
Thomas Smith. better known as " Honest Tom and