The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1891-05-29
TnD HIGH COURT.
Adjournment Preceded by Z
Batch of Decisions.
CNEON KANSAS PROHIBITION Law
Territorial District Judges Suspended by
President neutrality-suspicious. o,
Mormon Church Frcrcrty-A National
Bank Decision-A 7satiway's Liability.

WASHINGTON, May s5.-The suprem
court of the United States adjourned
until the second Monday in October. A
large number of decisions, several oi
them of general Importance, We're zen.
derea by the court. The most import.
ant case decided was that eff John NJ.
Wilkerson, sheriff of Shawnee county 8,
Kansas, against Charles Fl. Roher.
This is one OF the original package case.
and it came to the supreme court on an
appeal from the Kansas United States
clrcnit court. Roher was the agent at
Topeka, Kan, for Kansas City, Mo,
liquor firln. Last year he offered for
sale, beer and whisky i'll original pack
ages. Eoaer WAS arrested for violatinS
Kansas Prohibition Law,
but the United States circuit court for
Aaiis;ss released him OH writ of llabeas
corpus. I'he Kansas authorities then
brought the case to the supreme court
on an appeal. The court revcrses the
circuit co.,rt's decree and reinands the
cause for farther proceedings. Chief
Justice Fuller, who rel1 the opinion.
reviews mt length ie..ssal opinions bearing
on the jurisdiction OF congress over the
states, and referring to the original
package law passed by congress last
year, asks the question, "Is the law
considering this qllery the chief Justice
said that by the first clause of
section 10, of article /, of the constitr,-
tlon, certain powers are enumerated
whic'l the states ure forbilden to eXcr-
else III any cvert; and by clause ., GER
tain others which May bc exercised with
the consent cf Congress. AS to those i'll
the first ciatlse, congress cannot relieve
from tie positive restriction imposed.
AS To those in the second, their exercise
may be authorized and they include the
collection OF the revenue from imports
and dUties an;i imports and exports, by
state enacimemts. subject to the control
of congress. anil tonnage duty to the
eSaction of which only the consent of
congress is required. Beyond this con-
gress was not empowered to enable the
state to so i'll this direction. Nor could
congress transfer legislative powers toa
state nor sanction "a state law in viola
ton OF the constitution; and if it
can adopt a state law as it's own. it
must he one that it woIld bs competent
itself to enact, and not law passed in
the exercise of the police power. In
surrendering their own power over eX-
secure absolute freedom in such COM
mercc, but only the protection from en-
croachnent afforded by contiding its
regulation exclusively to congress. By
the adoption of the constitution, the
ability of the several states to act upon
the matter solely i'll accordance with
their own will was extinguished and
the legislative will of the general gov
ernnent substituted. No affirmative
guaranty was thereby given to any state
OF the right to demand, as between it
and the others, what it could not have
obtained before, While the object was
undoubtedly sought to lie obtained of
preventing commercial relations partial
III thelr character or contrary to the
common interests.
Ward 1-sAl;is.cr's Case.
Justice Harlan handed down in opin-
ion OF the court III the case cf Ward
Mc.Ailister, jr., who was appointed
United States district judge for Alaska
by President Arthur, and whom Presi-
dent Cieveland suspended from office
before Mc4all.ster's term had expired.
Judge McAllister claimed salary from
the date of his suspension until the
day that his successor was commits
stoned, hut tle court holds that the stat
ute under which he was appointed for
bids the allowance of the claim. A
similar decision was rendered in the
case of Samuel G. Wingard, who was
judge of Washington territory by Pres.
ideut Cleveland.
OF Importance to National Ranks.
III the case Of the First National
bank of Buffalo, the court rendered a
decision freeing the directors from
blame for the banks failure. This case
settles a matter of Importance to ma.
tional hanks. The bank failed and
sued the directors for allowing the pres.
ident of the bank to contract some loans
that resulted disastrously. Tho court
holds that directors of national banks
are not Obliged to exercise more than
the supervision usually expected Of
them. and that they are therefore not
liable for tle failure of the bank because
they did rot supervise the action of the
president III making the loans.
Disposition eff Mormon Clnrci. Property.
The court entered Il final decree in the
cases of the late corporation of the
church of Jesus Christ of Latter Day
Saints, Romney and others, against the
United States. The decree in this case
which involves the disposition of prop.
ertS held by the Mormon church, was
entered last term 10 give congress sn
opportunity of deciding how the con.
tiscated property should be applied, but
as no congressional action was taken
the court affirmed, with notifications
the decree Of the supreme court OF
4 Utah providing that the Mormon church
property be devoted to sacl, charitable
uses, lawful i'll their character. as may
most nearly correspond to those tc
which it WAS originally destined, to be
asccrtainel ai,l defined. unless con