New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-06
UNITED STATES SUPREME COURT.
MR.. WHITE NOT SWORN IN-MANY DECISIONS
HANDED DOWN

HANDED IONN
Washington. March 5.-Thc general expectation
that Senator White. the new Associate Justice OF
thc Supreme Court would take his seat on the
hencb attracted an attendance OF spectators to-
day 10 the chamber that fully tested its capacity
When the fact became known that the senator
had concluded 20 postpone the ceremony FOR Few
DAYS there was gradual thinning out OF the
crowd. 1t Is not known when III" new member
WILL take his seat as he Is st Undecided himself.
Justice jackson was absent to-day, 80 that In
.ead 81 n full bench there wcr. but seven justices
in their seats The reassenhllng Of M" court drew
n large number Of attorneys. the gathering within
the bar being notably representative Of the pro-
fession from all parts Of the country
The Court has In majority opinion affirmed
the constitulonality Of the NewYork law providing
for the summary destruction ~ nets AM s"lnes
seized for unlawful u.s.. by III" terms of the law
fishing I'm certain parts Of Lake Ontario otherwise
than by rod and llne was prohibited. In the case
al bar the game and nsh protector OF the state
seized and destroyed fifteen nets found In the LAKE
Suit was brought TO determine the constituti'nality
OF th, law The 81 first instance decided that
the law WAS unconstitutional. but the Supreme
Court I'm General Term and the Court % Appeals
decided In favor Of the law. This judgment was
affirmed in n decision read by Justice Brown. but
chef Justice Fuller and Justices Field and Brewer
dssented asserting that legislation which author
tied the destruction OF property without judicial
process was unconstitutional
The claim Of William Walter Phelps Of New
Jersey for rental OF large tracts OF land In Texas
used by Lazarus and Rowe FOR pasturage ~ cattle.
was sustained 10y the Supreme Court OF the United
States to-day In opinion rendered by Justic"
Brown Lazarus permitted his cattle to range over
90 ceres OF Mr. Phcpss land. which lay I'm al
ternate sections with school lands which Lazarus
had rented from the State. Negotiations for the
purchase OF the land by Lazarus were begun. but
fell through. Mr.. Phelps then brought suit. The
defence was that the land Of the plaintiff not
fenced. In accordance with the requirement Of the
Texas law There no evidence In this
that Lazarus deliberately took possession Of the
land. said the Court. but II was shown that he
largely overstOcked his own land, and to find
pasturagc the cattle compelled to find past
urage Phelps's land. The judgment OF the Cir
cult Court for the Northern District Of Texas, In
favor OF MIR Phelps. therefore affirmed
Among the many decisions handed down were
those:
No. llsThe Southern Pacific Company, plaintiff
In error. agt. Isabella Scley administrator. etc
Judgment reversed with costs and cause remandcd
No lss-The Northern Pacific Railroad Company
plaintiff In error. agt. Jane Everett, administra-
tor etc. Judgment affirmed with costs ana In
terest
William Walter Phelps Judgment affirmed with
No. 2]7 Alfred Rove ct al, plaintiff in error
agt William Walter Phep. Dismissed with costs
error agt. William y. Steele Judgment affirmed
No S37-W. F Prosser ct al. ETC.. appellants agt
the Northern Pacific Railroad company. Decree
reversed with costs and cause rcmanded with III
rections 10 dismiss the bill without prejudice
No. 2N The Union Pacific Railway Company,
Mary Mc f% his NEXT fend Judsman M
firmod with costs ana Interest.
No l3J The United States. plaintiff I'm error. AIT.
the Northern Pacific Railroad Company. 1T al
Judgment reversed and the cause RENAMED with
directions to enter judgment for the United States
upon the special findings Of facts.
No ll4-The Johnson Company plaintiff In error.
agt William Wharton Jr.. Il 60. N.mitcdD. etc.
Judgment affirmed with costs and interest
No. 230-'rhe Missouri Kansas and Texas Rail-
way Company. paintif IN error. aGt Is. -. Rob
crts. Judgment reversed with costs and cause
rcmanled with directions 10 take further proceed
incs in accordance with the opinion Of this court
The day call for Tuesday will BE- follows Nos
/ 0ji. l0il. s8S l.0j 2j2 253 81 30 pc and 257