The morning call., 1893-11-15
APPEALS DECIDED.
KnOtty Points Solved in
Seven Cases.
SOME IMPORTANT POINTS.
urant Case Reversed - Fraudulent
Land Entry-A Banking Ques-
tion-COal Duties.

Seven decisions were rendered by the
United States Circuit Court of Appeal:
yesterday morning. In two cases the
actions of the lower courts were reversed
but in all the others they were affirmed.
The two cases in which adverse decisions
are rendered were the United States vs.
Hillyer, appealed from Alaska, and Gram
VS.. the United States, appealed from
Oregon.
The Hillyer case was an action by the
Government against the bondsmen of the
Marshal of Alaska, TO recover about $4,000
wrongly retained by that official as fees
The lower court awarded the Government
about S2100, but an appeal was taken on
the ground tn at the court was in error in
allowing the Marshal 10 have the balance
The contention of the Government was
sustained.
The Grant case was noted at length by
THE CALL a short time ago. Grant was a
bOardng-master at Astoria and induced
some sailors 10 change their minds after
they had signed articles TO ship on Brit
lsh vessel for voyage TO England. The
men signed at this port and went TO As
torla on the steamer Queen. When they
arrived there Grant induced them 10 stay
away from their vessel. His rea-
son for SO doing, ii was said, was
that he had had some trouble with the
captain of the Brtisner. Action was
brought against Grant by the Government
10 recover TIE penalty, under the law. for
harboring deserting seamen, and the lower
court awarded il quite sum, from which
Grant appealed. The action of the Court
Of Appeals on this case was very i'm
pnrrant one. Judge Deady's opinion In
1872 was brought 10 bear upon the matter
by the decision. Judge Deady then held
~ Nv frfS = Stna
haTbOrIng OF deserving seamen applied only
10 American vessels. Accordingly the
judgment Of the court below %as reversed.
Four cases in which. tie judgments
Of the courts below were affirmed were the
United States VS.. Allen, Brown vs.. Puget
Mill Company. Northern Pacific Coal
Company VS.. Richmond, Pauly VS.. Union
Loan and Trust Company.
The case of the United States VS.. Allen
is fhe-one in which Judge Ross gave his
celebrated decision about two years ago,
declaring that rebate of duties sh Ould be
allowed upon imported coal used by
American steamers. The Appellate Court
held with Judge Ross.
In the controversy of Brown VS.. Puget
Mill Company, the important Ques-
tiOn of whether a purchaser of land must
always suffer because of the dishonesty Of
a locator was involved. A homestead mad
been located under a fictitious land war
rant, the person to whom it was repre-
seBted to have been issued being fictitious.
too, and the location of the land was made
under forged power of attorney. The
mill company acquired the land in good
faith. There is a curative statute making
valid certain entries of the kind in Ques-
tloD. but il was held that it could not be
mane to apply to an entry so false and
fraudulent as was this one in its Inception.
The case Of the Northern Pacific Coal
Company VS.. Richmond involved an award
o. $1,000 damages. A 14-year-old boy had
lost his arm in the coal mine Of the appel
liant by being thrown under truck. The
award was made by Judge Hanford in the
District of Washington, ana Judge Gilbert
sustained it.
a banking question was settled in the
disposition of the appeal of Receiver Pauly
OF the defunct First National Bank OF
san Diego against the Union Loan and
Trust Company of Los Angeles.
Pauly had sued to recover about $780,
600 on stocks said to have been held by
the Loan aud Trust Company in the sus-
pended bank, his action being based on the
assessment made. as is usual in such bank
failures, by the Comptroller Of the Cur
rency, but the defendant demonstrated that
il simply held the stock in trust as a
pedgee. the stock being collateral for a
noEe owed by third parties to 1t. The posi-
tiOn is sustained BIZ the a ppPllate Court,