Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-04-07
Decisions Affirmed.

WASHINGTON, April 6.-In the supreme
court of the United States, in an opinion
by Justice Harlan, the judgment of the su-
preme court of Wisconsin in the case of
Patrick Manning VS.. George Weeks,
warden of the state prison, was affirmed.
Manning was convicted in the court for
the district Of Ashland, Wis, of man
slaughter He contended that his convic-
ton was without due process of law, baS-
ing on the ground that under the state law
the governor had no authority TO appoint
the Judge who tried him. and that he was
tried and convicted by au unlawful Judge.
The United States supreme court says
that the highest state tribunal held that the
Ashland court had already existed and was
a court de jure. regardless Of whether or not
the governor had the right Of appointment
of the jsdge. The court is bound by that
Judgment, and there being 4 court de iurc
and Judge de facto, the court holds that
there is no ground to order Manning's dis
charge.
ANOTHER CASE AFFIRMED.
The court also affirmed the Judgment of
the circuit court of the United States for
the district of Colorado in favor OF the Max
well land grant in a suit brought against that
company by the Interstate land company to
recover large tract of land in Lasinimas
county, Col. in the course of the opinion
by Justice Lamar the court holds that the
questions affecting the validity of the Max
well land grant are no longer open, but the
action of congress on the land departments
of the courts has settled that question for
ever. In order to acquire title to any part
of the Maxwell land grant the court holds
that the claimants must show grant from
the Mexican government antedating that
under which the Maxwell company holds
title.
DECISIONS REVERSED
Chief Justice Fuller announces the
opinion of the court reversing the judg-
ment of the circuit court of the eastern
district OF Tennessee by which an injunc-
ton was granted restraining the sheriff
and other officers of Hamilton county,
Tenn, from retaining property of the
United States express company to satisfy
tax levied by the state for the privilege of
doing express business within the state.
The court does not in the present pro-
ceedng go into the question of constitution
atty of the law imposing the tax.
ANOTHER CASE REVERSED.
The court reversed the judgement OF the
supreme court of Montana in the case of
Andrew j. Davis appellant VS.. Henry
Webb. and ordered that the case be re-
manded for new trial. This was suit for
damages, and involved the title to certain
lands in the town of Butte. Mont. The
case turns upon the construction TO be given
to provisions of the town site law of the
United States. Davis held the title under
the town site entry act, of which the pro-
vision was that no title should be acquired
under the act to any gold, silver or copper
mine, or to any valid mining claim held IN
der the existing laws. Webb claimed that
under the general mining laws, and when
Davis offered to prove that at the time the
patent of the Butte town site was issued
the premises in dispute were not known to
be valuable for minerals of any kind.
Objection was taken on the ground that
the Webb patent showed that as matter
of fact the premises did contain valuable
mineral land, and as such could not be
granted by a town site patent.
The court sustained the objection, and
this ruling, which was really decisive Of
the controversy, this court overrules.