New-York tribune., 1886-01-22
NEW.JERSAY SrAYE Law SUITS.
AN ACT FORGOTTEN ALMOST A CENTURY.
INTERFERING WITH DECISION OF CHIEF JUSTICE

INTERFERING WITH A DECISION OF CHIEF JUSTICE
MARsHALL-RATLRoAD TAX SUITS.
tFnoM TIE REGULAR CORRESPONDENT OF THE TRIBUNE.
TREYTON, \. j., Jan. 21.-AttOIncy General
Stockton will submit his annual report to the Legisa-
ture week giving full account Of his duties in
connection with the railroad tax cases. and other mat
ters OF State litigation, showing large amount Of labor
performed. Among other subjects considered Is that
OF the lands OF the Delaware Indians, in Burlington
County, claim for exemption from taxation. This
will come mp before tho Supreme Court Of the United
states for argument Immediately. The case is famous
in tue annals OF American Jurisprudence as that OF
NewJersey against Wilson. The land prising 5000
acres in Westham township. Burlington County, was
sold Dy the Delaware Indians In 1902,
and the Indians removed TO StoGSArdge. New
York and thence TO tho Northwest. Under act
creating the reservation sse Indians in 1853. there
covenant eNempting the land from taxation for
ever In 1903 tho purchasers resisted the payment of
taxes under the covenant. and released by decs
tho supreme Court OF New-Jersey The following
year the Legislature repealed the provision by which the
land was exempted from tax. and the state courts de-
cared that tho taxpayers must submit ChiefJustice
Marshall o; the United states Supreme Court decided
the case on appeal In 1872 holding that the land
exempt and the repeating the exemption clause was
unconstitutional, thus settling the nyioabity OF con-
tracts
Notwithstanding this decision. the taxes the land In
dispute regularly paid from 1914 to 1877. but in
1873 OF ccrorarl brought By the landowners.
No reason Is known why the have been paid for
the many intervening years An Investigation however,
developed new fact law passed In 1896 at the re-
quest OF the Indians discovered which chaugel the
clause cNempng the land from taxes to one eXemptng
t only long the indians he'd possession. IL then
became apparent" says the Attorney that the
covenant construed by Marshall, C. j.. had been eItn'
gu-hcd before hs was asked coustrue IT," The
was argued this III cOvery the state courts and
deced In favor OF the State. The case was then ap-
pcalcd the United states Supreme Court. The AttOr
ney General says IN conclusion:
" New-Jersey wilson mas been cited In all the
treatsps constitutional law and In tho opinion OF the
tho leading case where the supreme Court or
United states enforced the constitutional prohibition
against seeking violate Its faith. Yet the true
in Sew-Jersry acquired by a fair and voluntary
transfer" 49,.
In 1899 the Legislature paid the same Indians 81 900
to extngush their fishing rights. and the occasion was
taken manifest the feeling Of the Indians toward New
jersey. said their representatives 70 the legislature
Not drop OF our blood have you spilled In battle. not
OF our land have you taken but By our consent
These facts speak for themselves aud need no comment
They place the character OF NewJersey IN bold relief
and bright example 10 those States within whose terri
torial limits our brethren stlll remain Naugh, save
venison can fall upon her from the lbs OF LEM
Lennpe"
The Attorney reports that the cost OF defend
in the states interest In the railroad tax suits for tue
last year Si3l7S SO. Of which SlS439 S3 WAS for
counsel fees $l5l3S 81 FOR testimony S5l9G go
for printing aud 81 iO3 ~ for steuogrsphrrs fees etc.
Tho Of the states IN the appeal OF the New
jersey Central from the tax valuation or lsS2 was
j. c. stevens, 81 900. aud sites amsin, surveyors,
1