New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-11-16
COURT DECISIONS
CHoCTAw CLAIMS PRONOUNCED VALID.
RErALIAToRY INSURANCE TAXES BY ONE STATE
AGAINST ANOTHER DECLARED LEGAL.

| WASHINGTON. Nov. ia decision was
rendered by the United States Supreme Court to-day I'm
Naticn against the United ststss
Government This court In a long and carefully pre-
pared opinion BY Justice Mathews holds tbat the Cboc
Nation entitled to Judgment against the United
Sta the following ~ S29s1, 247. subject to
deduction of s25oOoO paid under the Act OF 1861
(2 unpaid annuties, s594t9; 80 for lands taken IN
fixing The boundary betv tho State OF Arkansas ond
| the Choctaw Nation, S6so12. the judgment OF the
Court Of Claims u.s. therefore, reversed and the IL
re@anded to that court with instructions to enter
Judgment In conformity with this opinion.
decision also rendered by tho court In tho inter-
csng insurance company tax OF the FreAssooston
OF Philadelphia against the people OF the state OF New
York, brought here BY writ OF the Sur reno
Court OF latter state This litigation grows Of
the following state OF facts In 1865 the Legislature Of
New York passed law providing that II her State
should impose on Sew-York Insurance companies doin,
business within the limits OF such higher rate OF
license or taxation than that imposed by tho stare Of
New York upon its companies, the superintendent
the NewYork Insurance Department should have tie
right collect companies OF such state doing
business In York. amount OF license or tax equal
10 that collect such State from Ntw York companies
la words. ii Pcnpsyl vsnia should tax New.foF
insurance companies more heavily tan new ork nxed
its companies the latter state would I'M ose ais
eliminating tax upon Pennsylvsnis eompanIes By an
act passed April L. 1873 the state OF Pennsylvania dd
~ tx New-YorK companies and the Newfork law OF
1868 was horeuT on ca agans. s ,1.
New-York law authorizing the Taxation OF alien isur-
York imposes upon its panes is not violation
OF the l4tn Amendment to tue Federal communion
which provides thai state shall deny 10 any erson
within jurisdiction the equal pro- ection OF toe
THIS court holds that the above quoted clause OF isn
Amendment has no application To the case. Iea tns
PennsyIvsnia corr Grafton into the state OF New
orR TO o for year ad has sue"
annually run Tor year and IT Is within IN. stale Tor
dtons prescribed by statute The state having power
to exclude entirely HIS power 70 change tne coma tons
Of inns at AM
a condition the payment o. anew t1r or urthet TAX
,ose OF The future. the foreign corporation until t
pays license Is moi admitted WITHIN tue state OF
within It's jurisdiction The PeLnsylyana coronation
was at all Zines subject as pre- requisite to It's pow.to
do business in ewYork 20 the same eenre Zee which us
own state might impose upoa New iork ooml s. ,
doing business sylvania by goinS ino me stse
in l12 It stb 10 ' Se PnrsScoS q
New-lotk The judAmeDt OF tne court oeio" !"
decs on was rendered oy cour: in the patent
case OF Consolidated ga ely Valve compan,' - pei;
state. Circuit the Northern District OF Illinois
Thu was suit In eq NY Brought oy tns HSnsoaSt
OF ts patents upon an improved ssfcty waive. Inns
T SSe sonsoIstrd SAFETY Valve ompanys patents
The decree the Circuit Court therefore affirmed
case OF tue Town OF ILL.,, AGAINST Fl IA Jennings
brought here by writ of error TO the United ates circuit
Court the Northern District OF Illinois, ms was
brought upon the coupons OF res o, DOLLS
Carroll County Rsilr,sd Company. The validity OF tos
bonds attacked in tue court below upon the ground
%
meal in the proceedings which led the OF tho
tOnds. This court holds hat there was 10 tns
appointment OF the supervisor who signed them vas
ya and that the town estoppei py tue recital t IN
that the statutory conditions were nor auiy sopns%t
the town meeting which authorized the Issue OF the
Is hed to De without foundation. ne judgment OF
the below in favor of the bondhoders tnsfe'ore
affirmed. $1,000, . 4. H.,
case CHARLES ". Butte. executor ainst the northern
| Pacific Rsllro I'd Company. Appeal from ths supreme
Court OF a. tract OF an in psS@s formerly
occupied b, tn Dakota IT sioux inlians The appellant
ROAD com any uuder It's laud grant The court holds
could not establish any pre- EN- tive rght TO
tne land long IudiaD title renamed uneK-
act Of Congress excludes auds IN
that conaItion from preempton and that as tue
,nd was freed incubrance OF the n liam title.
right Of tue railroad company attached Dy virtue OF
IT, grant the Judgment OF the supreme Court Oh
decision also rendered BY the court in the case OF
against Emma y Richards ct al Appeal from INC
Pennsyiv,ni& Tnis a suit brought to recover dam
ages for the loss of human life through the ALLEGED
cal ole ssness negligence OF tue employees board
the steamer Harrisburg The court holds % that IN
the absence OF any or o,als Jaw sa a human
being higu navigablo waters communicat
mpited states cannot be nannei e. that even an
law has been authorized by statute IN the state
main ainei in admirat; against offending tor
da IA point which, however, tue court docs not
dscde) the present case was ooenn too late Inc i.w
wnicn the right OF action III Pennsylvania provinces
hat
Elapsed IN this case hetaesn tue accdens
occurred the time wh 10 suit was begun ana there
equitable excuse for the delay Tue decree OF the
Circuit Court reversed with costs aud the case TO-
manied with directions 10 dismiss th. libel
The other decisions to-day were as follows:
No 2l-Theodore White ct al appellants agt George II:
Dunbar Appeal from the Circuit Court OF The United
with remanded with directions TO dismiss the
4Francs Dansss appellant sg John dsr ke e9 ,sa
% ct al Aysa m fs c Supreme court Oh 0
No 26-JOhn J. shpman appellant agt the District OF
No iS7-The District Of Columbia appellant: sg. John
Palmer piainta 10 eIrS5 ssa hGrn a.
S R # s Ssnr Of
ss Pa a na on the
NO ssrThe United states plaintiff error Clement
Advanced and assigned for argument on nrt Mon.
'A 20 NELSON Story pantia agt MADISON NJ:
Black ct a. IN spIr % w ss Ds court 0 '
No .saas1p Company Limited plaintiff,
The United the southern District Q, YORK
NoI4-The Home Insurance company ofNewYork plaintiff
tn e 1s the cd pss eS
hrmed in costs BY divided court The eontsoCersy IN ths
virtue Of onap!er S4s
ss G5n 1877
that thai 4 Is taxable OILY upon the part OF,
tans that the company bass Of
its % Of a @ s HSs ss
are equally SvaS oPSS9 pSs G he
No. l69-Leon Klein OF plalnuu IN Nst Sosso
Spaing collector In the Circuit Court Of
Northern District OF Illinois DIS
missed with costs without prejudice. per stipulation o.
2SgThe North bloomfield and Gravel Mining Com'
pany AL appellants Edwards Woodruff Appeal nom
The Circuit Court the United states Tor tho Northern DIS
On motion OF Mr. A. b. BROWNE LOT appel
3D. dock ete amt dismissed with costs.
Kirby etc. appellant, the
Lake Michigan southern Railroad Company OF a.
BY John Fay for appellant and continued
by J. l.. Burrl for appellee.
Campbell ct al plaintih IN error agt La
cede ght Company. Submitted under twonteth rule
by plant and by Charles and Charles r.
Gibson defendant in error. -.
No. 6oO-Mary r. Wilson. plaintiff In error, ast Robert
submitted under twentieth rule by c. o. ~heion lot
PLAIN by L. Gron and L. 3. Montgomery oI
defendant in errCr
Adjourned until at ~ o'clock
WILL THE JEWS GET THE MONEY!