St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-03

Judge Shiras Dissents-Pren-
tice Loses His Suit for Duluth
Property-Title Confirmed.
The United States circuit court of ap-
peals handed down nine opinions yes
terday, besides making orders in several
others. The opinion in the case or the
United States of America, appellant,
against the Trans Missouri Freight as
association is of great importance. 1t
was appealed from the circuit court of
the United States for the district of
Kansas. This was an action brought
under the Sherman antitrust act of
congress of July 2. 1890, which has for its
purpose the protection of trade and
commerce against unlawful restraints
and mOnopolieS. The bill of complaint
named the following railroads. cOmpos-
ing the Trans-MiSSouri ASSOCIATION as
defendants: The Atchison. Topeka &
Santa Fe Railway company, Chicago.
Kansas d Nebraska Railway company,
Chicago, Rock Island IL Pacific Railway
company, Chicago, st. Paul, Minneap-
oils & Omaha Railway company. Bur
lington Il Missouri River Railway COM
pany. Nebraska, Denver 81 Rio Grande
Railway company, Denver 81 Rio Grande
Texas & Fort Worth Railway
company, Fremont, Elkhorn Il
Missouri Valley Railroad company,
Kansas City, Fort Scott & Memphis
Railroad company, Kansas City, st. 10
seph q Council Bluffs Railroad COM
pany, Missouri Pacific Railway COM
pany, Sioux City d Pacific Railroad
company, st. Joseph u Grand Island
Railroad company, st. Louis e San
Francisco Railway company, Union Pa
ciic Railway company and the Utah
Central Railway company.
These are competing lines of road,
and i is charged that thsy entered into
an agreement on March 10, 1889, to
maintain certain rates. The lower court
decided that the agreement of the roads
was not in cOntraVenllon of the Sher-
man antitrust act of congress, and the
appellate court yesterday affirmS the
decision of the court below. Judge
Sanborn wrote the opinion of the court
aud it was cOncurred in by Judge
Thayer. Judge Oliver 2. Shiras, of
Dubuque. who sat at the argument of
the Case, flied dissenting opinion, COW
ering thirty pages of typewriter mat
ter.
Frederick Prentice, appellant, VS..
The Duluth Storage ana Forwarding
company ct al. Appeal from the circuit
court Of the United States for the dis
trict of Minnesota. Affirmed. Opinion
by Judge Sanborn.
1 his was an appeal in the noted case
involving lands in the heart of the city
OF Duluth covered by what is known as
the Indian Chief Buffalo tract of one
mile square. The lands extended
10 ..,h
nesOta Point. The suit was brought
to recover lands worth several millions
of dollars and owned 10y several hun
dred persons. The court below decided
that Frederick Prentice, of New York,
was not entitled to recover half inter-
est in the lands to which he claimed
title through the Indian chief Buffalo.
The opinion of the court is that the
memorandum of selection made by
Chief Buffalo does not cover any of the
land disputed in this action, but was
Intended to cover mile square along
the shore of st. Louis bay and eXte nd
ing up the hill, above and ajoining the
point, out not covering the point.
Russell Sage, appellant, VS.. Winona
& ST. Peter Railroad Company ct al.
Appeal from the United States circuit
court for the district of Minnesota.
Affirmed. Opinion by Judge Thayer.
This was an action to quiet title to a
large quantity of land in Minnesota. The
land was granted to the state by act of |
congress OF July 4, 1866, 10 be used to
aid in constructing a railroad from
Hastings to a point on the border of the
state. The Legislature of the state
granted the land for the building of
road from WinOna, by way of st. Peter,
to point Oh the Big Sioux river. The |
court below dismissed the bill of COM |
plant.
George A. Eddy ct al, receivers,
plaintiffs in error. VS.. Evans; in error
to the United States court in the Indian
territory; affirmed. Opinion by Judge |
Caldwell.
in the court below there was judg-
ment for the value OF two horses killed |
by an engine.
Pacific Life Insurance Company,
plaintiff i'll error. VS.. SnowdeD. In error
to the circuit court of the United States
for the district of Nebraska. Affirmed.
Opinion by Judge Caldwell.
Snowden was awarded S3,95S.73 for |
injuries received while in charge of a
carload of cattle. The suit was brought |
on an accident policy for $4,000 for the
loss of hand.
Nebraska and Kansas Farm Loan
Company, plaintiff in error, VS.. Ortha !
Z. Bell, receiver. In error to the cir
cult court of the United States for the
District of Nebraska. Aft rmed. OpIn-
lon by Judge Caldwell.
This action was brought TO recover
$5.545 on a promisory note. i'll the court
below there was judgment for the
plaintiff.
The German Insurance Company of
Freep0rt, ILL.,, plaintiff i'll error, VS..
Lucy Frederick. In error TO the circuit
court of the United States for the dis |
trict of Colorado. Affirmed. Opinion
by Judge Caldwell.
This was an action on fire insurance
policy, and the jury in the court below
found verdict for plaintiff.
Alfred OScamp, plaintiff in error, VS..
The Crystal River Mining Company. In
error to the circuit court of the United |
States for the district of Minnesota.
reversed, and new trial ordered. Opin- |
ion by Judge Thayer.
This action was brought to recover a |
triangular strip of mining land. The
court below ordered Judgment against |
the plaintiff.
The Germania Iron company, eft al.
appellants, VS.. The United States of |
America; appeal from the circuit court |
OF the United States for the district of
Minnesota. Affirmed. Opinion by
Judge Thayer.
The United States of America, APPEL
liant, VS.. The Trans Missouri Freight
Association and fifteen railroads: ap-
peal from the circuit court of the United
States for the district of Kansas. Az
firmed. Opinion by Judge Sanborn.
Judge Thayer concurring, Judge Shiras
dissenting.
ORDERS ENTERED.
St.Louis Southwestern Railway Com
panV appellant VS. w = DE Raum
appeal from United States circuit, east
ern district of Arkansas, dismissed.
with costs pursuant to twenty second
rule, on motion of counsel for appellee.
Artimas Roberts, plaintiff in error, VS..
Walter f. Lewis. error to United States
circuit court, district of Nebraska, sub
mitted on printed briefs.
Charles PaXOn ct al, appellants, VS..
Sarah Brown ct al: appeal from United