The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-03-15
SUPREME COURT DECISIONS
A Verdict In Favor of Gen. Rutler-A Chi.
nese Case or Interest,

| WASHINGTON. March 14.-Thc Supreme Court
to-day announced ten decisions. The we'll.
| Known case OF Gen. B r. Datler against the
| National Home for Disabled soldiers was sent
| back to the Massachusetts Circuit Court for
another trial. by Justice Harlan. speaking for
the Supreme Court. While acting rs Treas.
urer for the Home Gen. Butler loaned S15, 200
to Gov. Tilton OF the Eastern Branch Home
for tho uses OF the institution. Afterward
the money was returned. but. It was
alleged Gen. Butler d.i not account for
it. and the Board # Managers brought
suit to recover the money. Judgment
was given against him in the court below.
Justice Harlan said his appeal was well
grounded. Error is imputed to the Court in
refusing to permit tho General to produce tes-
timony to cover his presentation Of defence as
made In his address to the Board. that the
money had been accounted for. that the ac
counts had been audited and approved. and
that no was entitled to tho money as set-off
for services MS Treasurer OF the Board. Jus
tice Brown dissentcd. asserting TINT the Court
ss eenee seE sa e
,Chef-justioe, Fuller announced the decision
ne United States on a writ Of certiorari from
the Court OF Appeals for the Ninth Circuit.
termincd that Lou Wv Bew is Chinese. forbid
den BY law to land in the United States. was
mat no had no right to remain here. and that
came to tho United States, in 1874. had been
for seventeen years resident thereof. carry
sale and retail importer. and on sent. 30 1850.
IL sd Tor G ne bls " cured
m Win ths
lations of the Treasury Department. July 3.
$50 On his return, on Aug. II. 1891. he wns
ground that he Jailed to produce the cert!-
cate OF the chtnese Government mentioned in
i. 49,. as amended by he act Of July s. 1891.
Does the section" asked the Court, ap-
ply to Chinese merchants already donliciled in
their return, to their business aud their
statutes, should receive sensible construc-
tion.such as will efrectuate the legislativeinten
fpdn h to the ss
wolves, the eXaction Of the unreasonab BILE and
tifying to the United States facts In regard to
The, place Of abode and the business OF persons
government cannot be assumed to know. and
means of Information in regard to which ex-
We are of opinion" say the, Court in con-
mercial domicile should be forfeited by tom
that resident merchant" H Should be sutected
to ojs OF rights gSarant1eed 10y treaty they
lulleu produce from inc uOmlClle OF origin
that evidence which res dcnce In the domicile
impossible. to obtain" The Judgment Of the
Court Of Appeals was reversed and tho dis
chare of the petitioner from custody ordered.
Tho olicitor-General gave notice OF a mo-
ton to advance on the docket tho case of tho
United States against Perry and Ryer for hear
ing on the second Monday of the October term.
In support of themotion Attorney General MIL
ley srid: The case is an appeal from judy
ment Of the Circuit Court q thu. United States
reversing the decision Of tn the H Board d'' Of
United States General Appraisers upon IL
question Of duty upon an importation
OF stained or painted glass windows.
or paintings on glass. which were specially
imported In good faith for the use OF the Con-
vent. OF tho Sacred Heart. Philadelphia. and
not intended for sale. Duty was assessed
thereon by the Collector OF Customs at the rate
Of 45 percent,lm ad yalorem. The number Of
Is very great. Churches all over the country in
process Of construction are affected by the
question. and so widespread will the influence
Of the decision in the case be that it Is certain
rendered"
Cardinal Gibbons wrote to the Attorney
General. urging him to move tho advancement
OF the case. saying: +" 1t would be almost i'm
possible to eyaggerate the anxiety with which
institutions await this decision. and now re.
spectfuly ask that you will kindly do whatever
lies in yourspower to have the case advanced
on the calendar to as early date as possible.
BY so doing YOU will confer a great favor on
all interested in the erection OF churches and
schools. and most INN lately on yours. very
respectfully. j. tCARDISAL) GIBBONs."