Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-26

all the result " it, action must be to
operate as fcstfaintu upon that perfect
freedom which ils silence insured.
Congress has now spoken aud declared
that imported liquOrs shall, upon mr.
rival III State, fall within the category
0i domestic nrticles " similar nature.
Congress did hot use termu Of permits
sion u the state 10 nct, but simply 10.
moved iB impndlmeut 10 the cDiOfcc-
ment NJ State laws In respect 10 impOr.
tel packages In their original cOndi'
ton, created by the absence u specific
utterauce upon IL part. The net Of
Congress removed the obstacle and no
adequate ground " perceived for hold
Ing that the rc.cnnctmunt Of state
law was required before II could have
the effect upon the imported which II
always hnd upon dUmOstic property.
Jurisdiction ~ attached, not In virtue
" the laws Of Congress, tut because
the law placed the property where
jurisdiction could attach.
JUDGES REMOVED.
The court uisD rendered an opinion
through Justice Harlan IN tho ease NJ
Ward McAllistcr against the United
States. McAliistcr was removed from
office a- judge Of the district court Of
Alaska by President Cleveland, and
claimed n salary from the time of re-
moyal 10 the qualification OF Dawson,
who was confirmed rs his successor.
One question In the ease was whether
the judge OF the Alaska court came
Within the provision Of section l1i5,
u. s., authorizing the President TO
suspend NIL civil oiliccrs, Except
Judges Of the United States" The
court holds that the Alaska court il not
court VI the UuiIcd states In con.
siltuti0nal sense, na SGT forth In the
| Constitution, but Territorial court.
The fact that the term Of the Alaska
Judge IL limited 10 four ycats, and that
lao docs not hold Office fot life or during
good behavior, the court says, proves
That II " not court Of the United
States M the term Ia oonslitutlOnally
used. Judgment, Therefore, " given
In favor OF tho United States.
Justice Field aud Justices GTny and
Brown dissentod In an opinion In
which Justice Field maintained that
the mere viii " the President was not
sufficient 30 remove u Judge Of u court
created by the United States and that
the Constitution did not contemplate
that Judge should be responsible 10
any man for continuance In Office. IL
seemed TO him That some Of his brcth'
rem overlooked the character Of the
judicial branch u government when
they made u distinction before the
courts OF Territories. These courts had
similar powers, aud there was the same
necessity that they should use the
Office foarl.-sly aud without fear Of
offending any President lest they
should be removed.
The chse OF Wingard, Justice Of 4
Washington Territory court, was de
cided In the same way.
OTHER BUSINESS.
Other business transacted by tn
Supreme court today was M follows:
No. l20B-John German, appellant
vs.. Garry g. Havlri; appeal from th'
Supreme court Of the Territory Of Ida
no; dismissed for want of jurisdiction
and remandcd 10 the supreme court o
the State Of Idaho.
No. 350-Gregory Consolidated Min
Ing company ct al., plaintiffs In err or
vs.. Lewis NJ. Starr; In error 10 the Su
preme court Of the Territory Of Mon
tana; judgment affirmed, with cost
and ten per cent. damages In addition
10 interest, aud cause remnnded 4
the Supreme court OF the State Of Mon
tana.
No. a58-Grcgory Consolidated Min
Ing company II al, plaintiffs In error
Vi. Lewis VI. Starr; In error 10 thy Su
preme court u the Territory OF Mon
iana; dismissed for want Of Jurisdiction
and remandcd TO the supreme court o
III. State OF Montana.
In the case OF Clam Botsford, VIII
! was injured on the Union Pacific roa,
aud was awarded damages, the C0ur
held that tho lady was not obliged q
submit 10 physical examination d,
tho company'H physician. Sucl
examination would be mn Invasion o
the sanctity OF the person, had N
foundation In law and had never bcol
, recognized In this country.
John NJ. Ross, serving life i'm
prisonment for murder committed OF
board u United States vessel II
japanese waters, applied for rcleas,
He was British subject when h
shipped, aud asserted that tho COnsula
court Of Japan had no right 10 try him
, The Supreme court holds thnt any sea
. man sailing Oh u vessel floating th
American ling Ia under the jurisdiction
VI tho United States. Tho plea wa
. dismissed.