Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-05-14
Great Gases Decided.
Supreme Court Opinions on
Some Causes Celebre.
THE SCOTT EXCLUSION Law VALID.

Mrs. Myra Clark Gaines Long Litigation
Against New Orleans Given Its Final
Consideration A Mormon's Appeal
Sustained-Of Interest to Speculators-
Proposition Army Deserters VIII En-
toy-Civil Service Men Ready for Busi-
ness-OficiaI Notes.
WASHINGTON CITY, May 14-The United
States supreme court yesterday announced
opinions on a number of causes celebre. One
of the most celebrated, and the one which
has been by far the subject of the longest lit
igation, was that of the heirs of Mrs Myra
Clark Gaines VS. the city of New Orleans
Mrs Gaines, previous to her death a few
years ago, had spent almost life time in liti-
eating these claims, and finally won her case
In the lower courts The suit was for the re-
covery of large amount of property willed
her by her father, and for interest on the in
come thereof The property was valued at
about g., 600, 900, and the Judgment in her
favor in the hover court included over $780,
900 interest on the income, and 81 ,34S 900
for revenue on the unimproved property.
The defendant took an appeal to the supreme
court, which yesterday disallowed the judy
ment of 81 ,34S, 900, but affirmed that on the
improved property, amounting now to $780,
COO
The principal issue decided by the supreme
court in this case was the claim of the
plaintiff that the city as possessor of the
property was liable not only for rents and
revenues actually collected on the property,
but also for that which might have been re-
ceived by judicious and prudent use of the
property. This position was affirmed by the
"a
that the city got no revenue from the unim-
proved property, and that the estimate of
revenue which should have been collected
was made on false and inflated values. The
supreme court holds that it does not follow
that because small parts of suburban pro-
perty have been made valuable all of it can
be improved Another error, the court says
lies in the claim that the possessor is liable
for all that the property might have pro-
duced. The court does not understand that
the possessor is bound to change the state of
the land, and he cannot be held liable for the
value of the thousands of bushels of grain
that wild land might have produced if it had
been improved and cultivated
The Scott Exclusion Law
But the case of most national interest was
new one-an appeal TO test the constitu-
tionality of the Scott exclusion law, brought
up from the United States circuit court of
California. Char Chase Ping was China
man resident in the United States previous
to the passage of the law, and before the law
was passed and under previous law he OBJ
tanned from the collector at the port of San
Francisco a certificate granting him the
right to visit China and return TO the United
States. During his absence from the country
the Scott law was enacted, and under its
provisions his certificate was cancelled He
brought suit against the collector at San
Francisco to compel him to honor it. The
supreme court affirmed the validity of the
law, holding that the propriety of such &C
ton is not a matter for judicial cognizance,
but that it is a matter for the political de.
partment, and affirming the power of con-
gress to exclude aliens from the country
whose presence is inimical to our interests
the opinion of the court is unanimous
Decision of N Mormon Case.
In the case of Hans Nelson, of the terri
ritory of Utah, the supreme court granted
the writ of habeas corpus which was asked
Nelson was charged in September, 1888, with
cohabiting with Anna Lavina Nelson and
Caroline Nelson between October, 1885, and
May Is, 1888. He entered plea of guilty,
and was fined and imprisoned A second in
dictment was found against him for adultery
Nelson claimed that this crime was included
in the crime for which he had already been
punished, and the lower court overruling this
plea, he appealed to the supreme court, which
entirely sustained his position
A Case of Contempt.
Alezum Saum was convicted of contempt
of court in Colorado in that he tried to bride
juror, the attempt being made in the jury
room and in the hall, both adjoining the
courtroom He raised the question whether
the contempt was committed i'll the 'pres-
ence' of the court, and the United States dis
trict court said it was. Saum was not salts
fled, and appealed to the supreme court,
which decided that he was guilty.
Speculation Is Gambling.
In the case of G w. Embrey, plaintiff in
error, VS.. E. 5. Jemison, the decision of the
Virginia court was reversed. Embrey spec
ulated in cotton in New York through
firm of which JemisOn was a member. In
settlement of losses he gave four notes, which
he afterward sought to have declared void
because they were given as part of gam
ing transaction. The lower court affirmed
the validity of the notes. The supreme court
reversed this decision, holding that if the
validity of such notes was recognized the law
W ould be easily evaded