New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-03-03
THE UNITED STATES SUPREME COURT.

DECISIONS IN THE MYEA CLARK GAINES AND
SEVERAL OTHER IMPORTANT CASES.
Washington, March 2.-rhe Supreme Court to-day az
nrmed judgment Of the lower court in the case Of the
CUvington Stock Yards Company against Keith wilson.
This linn shipped cattle the Kentucky Central Rod
which, by an arrangement with the stockyaIds company
would receive or only these yard. charC
Ing fee therefor. The court holds that tlla
charge unlawful and that tho railroad company when
it contracted TO transport cattle and
deliver them and that it had more night to make
special charge this than FOR the Of its
station by passengers whom 1t transported. Opinion by
Justice Harlan.
Justice Bradley announced the decision in the suit be-
tween the city Of NcwOIeans and william w. Whitney,
s administrator Of the Of Myia Clark This
IS continuation .; the old Gaines litigation After tho
Supreme Court rendered its last decision sustaining the
claim Of MIS- Gaine, the judgment was handed down with
certain directions the master. From The findings u
the master the city brought the suit decided to-day Ja-np
it on the ground that the city should not BE- held liable
in the matter Of certain ground which had bccothc sub
ject OF cOmprOms. between Mrs Gaines and the tenants
holds that Mrs. Gaines acquired the rights the
tenants had against the city, that the report Of the
master correct and that to Mrs. Gancs should
awarded $3 900 additional. thus giving verdict in
favor Of Game, all the polnto at issue
justice Field rendered the opinion In the Of tho
Paul and Pacific Railroad Company and the s. Paul.
Minneapolis and Manitoba Railroad Company apIe!lmt,.
agains5 the Northern Pacific Railroad Company, brought
Oh appeal the decision Of the Ccut Court for thu
| District OF MlnncsOCi IHls Is sui NNONINS ulC
where grants Of indemnity lands TO two or more railroad
overlap. The lands nvoivcd in the aggregate many
thousand situated in the ncghboIhood Of Gyndon.
Mimi and claimed by the Northern Pacific under the
Of 1861 Two important questions decided by the
opinion OF tho court One Is that the grant j. one IN
PRESENT. that IL, that it conveys present title to the
land notwithstanding patents do not issue until 1t is
certified that sections Of the road have been completed
! and is not simply promise TO transfer title in Che
future The route not being at the time determined the
grant, the says, I'm the Of ''hoa,,'
subject to future identification. The Northern Pacific.
! the court therefore holds, must be held 20 have
right to these lands unless 1t be shown that prior
night was possessed by some other road The Paul and
Pacific, by its original grant did not have authority 10
GlyndOn and ~ the acts passed giving IL author
ty change route were subsequent u the rights
accrung the Northern Pacific it follows that this lat
Ter road had prior claim, The second point Of mpOT-
lance decided is where all Of lands within the
Indemnity limits not more than sufficient to make up
within the limits, the whole Of the
indemnity lands appropriated to meet the purposes OF
the grant and there Is no reason ol the 3ci tay OF uc
Interior % exercise discretion selections q lands from
these indemnity limits IL was cOntendcd by counsel for
and Pacific TOAD must be done. The North
Pacific Is held 10 have the better title 70 the land,
judgment affirmed.
-Four motions made to advance cases intended 10
validity and consttutonay q the Customs Ad-
minstiayc and Mckinley Tarn laws. The first OF these
motions comes appeal from the Circuit Court ioi
the Southern District q NcwYOrk sustaining decision
OF Board OF General Appraisers in assessing
an importation OF laces by Boyd Sutton a. Co. Counsel
for the importers contend that the Tariff uncons
tutonal first because the Dill signed by the President
was not the bill that passed both houses Oi Congress
section having been omitted IN IT,
that II provisions FOR bounc sugar producer.
country, which, under tbs Constitution CougTcs-
had power to enact; aud, third tina: Section Of
delegate to the President the power {,
pose upon imports which power - vested cxciu.
sively in Congress and cannot be defeated The mo-
lions to advance based principally upon great m
poftance q the question Involved and the Of trade
and commerce and OF the Government having The qucs
| ton speedily settled
AtorneyG Miller STATED that the Goycrpu
willing advanced but that II desired
have made ,alily present the
involved which OF the at least. dI d.
his opinion. At his suggestion the matter
week In order tina, the Government might examine tho
cases
Attorney General Miller made a motion TO-DAY to a.
vance for argument the Of Charles Counsclman
Frank Hitchcock. Cn1 States MaI sAal Tor The North
District Of Illinois who has CounseHan IN custody
refusal questions regard the In,-r
| state Commerce law.
Counsel for the publishers Of THE New0reons States
and mobile REGISTER VINO convicted Of violation