New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-09
THE UNITED STATES SUPREME COURT.
=, RECESSION OF INTEREST TO 1MPoRrERS-Ihh

HOLDEN MURDER CASE
Washington Dec. 6.-Thc supreme 'ourt "a ~"
United states to-day affirmed the !UuS'c"' VI 90" -,
emit court Of the United states for the Sou'hcr, ~
trict Of Nev-Yorl in the case OF the 'r",'". Wv
,touaI Dank planuf in error. agt the inteH s''oN'
,r, - . nit b,,,ught BY the United Satc> 10 recover
frnr, The hank certain moneys alleged to he que 'o
toyes on "pronts" made by the bank ID l9'o' i'''
laos and lo7O the take, ben- assessed niue Vo ''
n 1sG4 lcvving tax Of per cent on all u'>"'l"
declared by banks. insurance ana "'he' "i'"'Po'"
concerns The principal question Wa whether o' no'
,bo hank c,uld be taxed on ) per cent oi us WV
d,ds which under Il state statute it had TO reserve
ont Of any dividends declared ana turn oVcr " '''
state "a, "a tax it, business The court ah'"e, ' -,
,t,r,tiou i'm the affirmative, and also F"Ie> "''' "-
hank VA, liable to tax on the tuli amount ol ul'
deuds declared regardless Of the fact that the uII
Id ,rcr, not earned subsequently, discovered de
fic.tiou changing the banks supposed hnal'ai oohul
lion. At, ,,iuo,i,
Tho coprt also affirmed The judgment ot the Orcmt
Court 81 the southern District Of New OIL! IN the case
az Clement ~ Au.fmOYdt. Ct al, pidiHt1HN !" c'Io''
act Edward L. Ueddcn, Collector Of the lori oil New
York which ha- been watched with considerable III
ierest By importers. The tr~t point raised was u'.
tie prov ,on of law that wEerc r"ppral,emcAt' oi
impor-.A mcI handi,e demanded the Collector OF
The port shall select merchant appraiser to cooper
ote with the general appraisers il determining the
vaIue Of the importation VS. uucOn>uu'i"nal on the
cronud that tnc merchant appraiser - an inferior
officer of the Government, WHO c"uu he apl"htn Only
hv the President court OF law or the head OF the
d,nartmcnt The court holds that this point Is not
,.ru taken The merchant appraiser, the court
~ j. an expert selected an emergency arises
aud not a member Of IN" CIVIL service.
lie * selected for special case. ha> u" general iunc
lions, aud hi place j, without tenure d"Fauoh' con
ginning c1nolumcnt continuous ducss. The con
,,rlon that the statute making the appraisal final i
unconstitutional for the reason that it Is denial o
,nc rir Of thc importers 90 have the question OF IN
dutalle value Of the goods passed upon by Jury
also overruled upon the authority =" Hrlsoh dR'
Murplv The court holds that the Government Ia
. rirbt 10 prcScrbc the conditions attending the i'm
narration of goods upon which II VIII permit I've iii
porter to be sued and that one OF those conditions
hat the appraisal shall be regarded a. final. ONE
questions. in which il was maintained that the III
st1ctlons OF the Treasury Department denying a4u
counsel to importers and making the pr'ceeo'hHS Il
rcappraieemcnt more or less private, preventing
reasonable hearing Of the case are also dec'ue"
favor OF the Government. Opinion by justice hia'c'
ford.
The Court affirmed the judgment OF The Circuit Cour
of the United states for the District OF Minnesota II
fsing to grant writ of habeas corpus tdCl'oh liouci
Thi, case has attracted a great deal OF attention by
reason Of It's arising under state statute l"O"u'"t
newspapers 10 print accounts Of hanging Holden wa
couyiced of a murder committed November %, 1888
and the Governor commanded the shei1h 10 hAhg MN
confonnsbly to the provisions Of section OF an d'
,,e.nd In Anil 1850. This act among Othef (ilhg'
rrc,crjbed solitary confinement limited the number o
ucr,ou, 10 be present hangngs, specially excluding
reporters and newspapers to publish any h'f'
than a mere statement that ANY person was ha"scu
Counsel cOntcnGcd that the provision lOf s's'ldI; ZOE
fncuent in liOldcns cN post fac'o anu ulSt
a. there was no saving clause Ia tHc ne" Id~' I'
could not be held under the old law me court Q noiu
that this last point IS not wen 'thch. ~ IL 60,
that the statute repealed Only inconsistent prior ehact
mcns, and therefore good a. t. coSS,eio peES.
ncnA. Nero questions a. . excursion oi pyIiSD"S
the Cour; SAWS do not alcct any substantial iiSht 0
character Of those who might witness the exc u'Ion a
the exclusion of new epapeI men are tgutYVi,H VIZ" VIZ,
could legally prescribe. The only part OF me law IA
- b deemed OK post factO Is tat prescribing SOLITARY
confinement aud there Is no PROOF that HOacn - -
confined. The Court cannot lndnI5c tme presulpt,G,
that he Is i'm solitary confinement The Governor
,srra, oes not require such proceeding. for ina
f. moi among the provisions Of section Of the act
Ofller business was transacted a. follows
No -O-The Montana Railway Company p'a.uti
I'm error agt Charles =. Warren ct al In error 4
the supreme Court OF the Territory 81 Montana jude
mcnt affirmed with costs. ~, ,, -.
OF the court - $500. ,...... .. 49,. >.,.rh
+rns,ee ulantn in error. agt Jacob Binz Fl al ana
No 142l-The Houston Fast and west lcAaS ha
way Company, plaintiff N error agt. JACOB binL ct ~
Motions TO dismiss or ahirm postponed 10 inc hear'h
No 75s-The United states. appellant. agL IN
Central PaciAc Railroad COMPANY. oidcrcd t.t IN u,
record In this cause be rem tHdtd 70 inc court q" YEAH"
Tor additional findings OF fact~' ,,o -, .. ,ar
rile court will adjourn from December - 10 jar
""' Xo ~ uorg,n'S Louisiana and Texas Railroa
ana steomehin company appellant. ast. the TeAa
and Central Railway Company e. al. ana .
No j0-The Texas Central Railway '"WHttnN; al
pellant. act. MOrgtnS Louisiana 1hu 80 r1n.'d
and steamship Company ct al. Mandate granted