New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-12-13
SOUTHERN PACIFIC SUITS.
THE SUPREME COURT DECIDES AGAINST
THE RAILROAD COMPANY
{. p. HUNTINGTON WINS SUIT AGAINST II. Y

ATTRILn.
Washington. Dec. I2-The Cpited states supreme
Court by a majority decision today reversed 'h'
judgment Of the Circuit Court Of the United s'a'eN
for the southern District OF California; and d,cla'i
against the Southern Pacific Railway Company In four
sus brought against ii by the United states. Ihey
to quit title valuable lands lying b'tween the
Colorado River and the Pacific Ocean. These lands
In southern California are now much sought AFTER
are said 10 be worth several million Coar ana were
claimed by the southern Pacific by virtue Of the land
grant made TO IL by Congress. Tho cases have been
before the Court for some time. They wer' arG'ci
at IN" last term. but the court 80 nearly equally
divided on the merits OF the questions involved that
it ordered the reargued aud set the hearing
down for special date.
The decision OF the court rendered by Justice
Brewer is sqnarely against the company on both
points before the court ard dcpnves ID
OF title In the lands. The two questions whether
or not the Southern Pacific Railroad Company was
entitled TO lands within the granted limits or T.
lands within the indemnity limits OF In"
Atlantic and Pacific Railroad Company, the maps Of
definite location OF the two roads conflicting. The
court ruled that the grants TO these lands attached
to the Atlantic and Pacific Railway Company. ana
that II this road had been constructed west Of
the Colorado River the lands became part Of the
public domain open to settlers Justices Field and
Gray diSsentcd.
The supreme Court Of the United States to day
decided In favor OF Coils p. Huntington his suit
against Henry Y. AttriIl TO the amount Of
judgment OF 100000. Attrill large stock
holder and director in the Rockaway Beach Improve
mcnt Company. limited. Huntington advanced him
100000 on Tie strength OF Atrill's interest in the
company. Attri had previously stated, required
by the incorporation laws Of New York that the capital
stock OF the company fully paid up. when it was
not so in fact. The company became nsolvcnl and
Huntington recovered Judgment for 100000. which
given him because OF the false representa- ion
which the money was advanced Meanwhile Mtrill
acquired took in the Equitable Gasght Company Of
baltimore. and put II In trust for his wife and daugh
tcI'.
An attempt 70 execute the New York judgment
through the Maryland courts resisted success
fully, the Court OF Appeal, Of The latter State holding
that the judgment in the nature Of a penalty
and the courts Of one state OF course. would not
execute the penal laws OF another state. The Su-
premG court today, in opinion by Justice
Gray. held that the judgment was no: of a penal
nature. and that the Maryland courts had not given
fun force and effect TO the Judgment and DEGREES Of
the courts Of another State required By the Con
SttuDcn The viii therefore be rcmanicd =
the Maryland courts with directions 10 execute tho
judgment.
4 si1gul1r state OF affairs I'm the Circuit Court o!
Appeals embracing the states OF ohio aud Indiana
was developed to day I'm the United STATES supreme
Court when q motion made ont Of the suit arising
Finance" Henry :. I've. IN the affairs Of the Gin
cnnau Hamilton ard DAYTON Railroad Company. At
torney Maxwell wanted the court to accrp; the rccoiI
In the case. Which is entitled TIL" Cincinnati. lIamil
ton and DAYTON Railroad COMPANY appellants, act.
W. Il. Kean,7 and hear 1t in The first Instance,
without IT. going 10 the Circuit Cont OF Appeal
created by an act Of the last Congrc-- lie ta'cl
that Judge Gresham refused to ut IN the because
OF an Interest iD IT. decision tha, two other indccs
In that circuit were disqualified and that the Justice
assigned TO The circuit udran) about 70 leave
the country. 50 that the circuit Court Of Appeal
could not be regularly organized therein.
orncy-Gencral Miller ~ counsel for Mr. McKean.
reinforced these statements and the court TOOK tbs
papers under advlscmcnt reluctantly the proceedings
being contrary 10 all their mage. \ million and
a half Of dollars and important legal question arc IN
vOvcd. Ives after acquiring tie Cincinnati, ilanhl
ton and Dayton Railroad. contracted with VIZ. Nc
Kean for a controlling Interest IN The indianapolis
and Tcrrc IIau'e Railroad the confederation bcinc
$4,000 Ives was on ted from the presidency 81
the Cincinnati Hamilton and DAYTON and III stock
holders then attempted 10 break the bargain he had
made with Mr. Mexican. At present. Mr.. Mexican j.
| ahead the lower courts having held u'at III" road
was bound by the contract madr.
Justice Shiras In the United s'ates supreme Court
to-day held that ex.Congrc~sman william H. wallace
Of BVoklyA was liable fr his subscription to the
capital stock of the Chester Iron and Tub" Wo'h-.
which has failed. Assignee Henry W. Potts alcd f.
compel payment. Among O'hrr defence oi VT
Wallace was Oac that the treasurer had refused when
| the company was solvent 20 give him his stock. ~
Wallace persisted In demanding IT. and continued -
J act director. TIE court T'I'H u"' "' "'"' W
uny hi, subscription. , T., ,,o
Argument was lst,un lntc THIS afternoon III INC
supreme Court I'm the Vanderbilt Yacht case arising
uui Of the sinking Of the yacht AVA by tht liehN
DmocL The court some tins ago nnd" rd" uhF,1
nr the Judges IN. irI ia" sDuiherl dl-iIT'
4 of New York and the district OF hh>shcih~'''''
ordering that tie former show cau@ WHY nnndiilu
hmrId h. i,.ucd 10 prevent the ,ie ordered 10y the
court aid the Litter why writ oi piohimtoh si'ou
ROT Ne - restrain him from proceeding mrti'I III lu'
Ii,.l Of the Alva. The ca-r comes up bcioir me
court ON petition Of Henry Morrison. late caPah %
tn Alva The hearing " tht on'c "ill ID" CONTINUE"
, 30