Wichita eagle., 1889-04-10

tions were barred by the statute of
limitations. The plaintiffs demurred
to this plea on the ground that service had
teen made. or attempted, that SUIT hao
| there been begun within the time prescrib-
ed by the statute of limitations, and that
| conspiracy to defraud them existed on the
part of the city officials The circuit court
gave Judgment for the city, however, stat
ing that under the Wisconsin laws suits
could not be held to have begun until
actual service of the process, and that TINS
not having been done within the prescrib-
ed time the suits were barred. This court,
in opinion by Justice Bradley, attirms
those judgments. The court holds that it
must follow the opinions OF the state
courts IN this matter, aud that 1t can
grant no relief unless the constitution of
the United Slater is violated, which is not
ALLEGED The courts IT. Il says :,.si nave heva no
right to enact laws of the character in
| volved in these cases, and an appeal must
be to the legislature and not to the courts.
The question of conspiracy is disposed OF
with the statement that charge OF fraud
cannot lie against munlcIpal corpora
| ton. judgments affirmed.
Argument was begun IN three lmportant
California cases, entitled The United
States, plaintiff, VS.. John D. Hall, George
H. Perrin ct al and NJ +.
Reilly, respectfully. Hall, in 1885,
made a contract with the United
States surveyor general OF California to
survey public lands, and 1t is charged that
he did not survey them at all, but that he
plated the lands in his Office without
ever making a survey, and returned the
plats, with fictitious field notes, TO the
surveyor general, accompanied by an am
davit stating that he had done the work,
as required by contract. 1t Is ayerred
that Perrin and Reilly were also guilty
t1f l. ol- Off n
| and others are IN ADDITION
charged with conspiracy to de-
fraud the government. The defendants
were all indicted for forgery. They took
exceptions to the Indictment, contendlng
among other things that the offense al,
legged was not forgery, asst was not charged
that they had falsely simulated other per
sons writings, but that they had in their
own handwriting made false statements
of facts. There was division of opinion
on this point between the judges
of the circuit court OF the
United States for the district OF Call
fornia, and the matters comes here for
determination by the supreme court. The
cases are of considerable interest, and 1T is
understood that number OF civil suits
depend upon the determination of these
criminal cases. Solicitor General jerks
opened the argument for the United States
and was followed by the Hon. Frank
Hurd in behalf of the defendants. Sena-
tor Stewart, of Nevada, is also one OF the
consel for the defense.
Other decisions were:
No. 205. The Manhattan Bank, OF Mem
phis, Tenn, appellant. VS.. Eliza Walker.
No. 6S2. Eliza Walker, appellant, VS..
the Manhattan bank of Memphis, Tenn,
appeals from the circuit court OF the Unit
ed States for the western district of Ten
nessee; decree reverred; costs In this court
and the circuit court to be paid by the
bank. and cause remanded with direction
to enter decree in favor of the plaintiff,
not only for the amount of the Goldsmith
note. namely S.. 900, with interest from No
vomber l, 1881, but also for the proper val
lie of the S52 900 of bonds with proper in
terest such value and interest to be as
certained by the circuit court. Opinion by
Mr.. Justice Blatchford.
No. POI. The United States, appellant,
VS. Martha Insley, ETC.. ct al; appeal from
the circuit court of the United States for
the district of Kansas decree reversed, and
cause remanded with a direction to take
such further proceeding as may be accord
ing to law and not inconsistent with the
opinion of this court Opinion by Mr..
Justice Blatchford. Mr.. Justice Field
did not sit in this case or take any part
in its decision.
No. 2lO. r. G. Brock & Co., plaintiff in
error, vs. the Northwestern Rule company;
in error to the circuit court of the United
States for the northern district of Iowa;
Judgment reversed, with costs. and cause
remanded for future proceeding, In ac-
cordance with law. Opinion by Mr.. Justice
| Harhnd.
No. 2l3 Amos W. Shepherd, plaintiff
| in error, VS.. the Baltimore q Ohio Rail
road company: in error to the circuit court
of the United States for the Southern
| district of Ohio; Judgment reversed, with
! costs. and case remanded with directions
| to award a new trial and for further pro-
ceedings consistent with the opinion of the
| court. Opinion by Mr. Justice Harlan.
No. 207 Ange o. Hamper, plaintiff in
error. vs. the Garfield Mining ana Milling
company, in error to the Supreme court
| of the territory of Montana; judgment
affirmed, with costs. Opinion by Mr..
| Justice Field.
No. 206 The United States, plaintiff,
es. S. H. Pile on certificate of division
| in option between the judges of the circuit
court of the United States for the middle
di trict of Tennessee; dismissed for the
want of jurisdiction. Opinion by Mr..
Justice Miller.
No. 1517. The city of Clay Center, Kan.
appellant, VS.. the Farmers Loan and Trust
| Company; motion to dismiss postponed to
| hearing on merits. Announced by Mr..
| Chief Justice Fuller.
No. 652 Henry NJ. Hade ct al. execu-
ors, etc, plaintiff in error, VS.. Stephen
Akers ct al: motion to dismiss denied.
Announced by Mr.. Chief Justice Fuller.
| No. 1854 F. A. Wilde, plaintiff in error,
VS.. David Bircher ct al; ordered by the
| court that commission issue to such per
son as may be agreed upon by the parties;
| or failing meh agreement within fifteen
DAYS to commissioner, to be designated
by the court to take proof upon the mat
| tiers involved. Announced by Mr.. Chief
! Justice Fuller.
| No. l225 The Winona and st. Peter
railroad company, plaintiff in error, VS..
| the town Of Plainfeld
! No 1925 The Winona & st. Peter Rail-
road company, plaintiff in error, VS. the
| town of Elgin; motion to dismiss or affirm
postponed TO the hearing on the merits.
Announced by Mr. Chief Justice Fuller.
No 225. VIM. d. Thompson ct al, appel
lants, VS. the White Water Valley Railroad
company ct al; citation to the White
| Water Valley Railroad company awarded,
returnable on the first day Of the next
term Announced by Mr.. Chief Justice
| Fuller
No ia Edward H. Keynes, etc, appel
| liant. VS.. Frederick Dumont ct al.