New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-24
UNITED STATES SUPREME COURT.
JOHN Y. MKANE's CAsE-THE MARYLAND-vIR-
GINA OYSTER WAR.

JOHN y MKANE's CAsE-THE MARYLAND-vIR-
GINA OYSTER WAR.
Washington April 23.-The case OF John Y. Nc
Kane agt Durston, warden OF Sing Sing Prison, a
petition for release writ Of habeas corpus. was
called In the Supreme Court Of the United States
to-day. F. VI. Shepard, who was associated with
General B. F Tracy In prosecuting Mckane. read
An afHdavit by Robert H. Griffin. McKane's counsel
to the effect tina: he is engaged in the trial Of the
rase Of Anderson agt Mackay In the United States
Circuit Court in New-York, and asked the Supreme
Court Of the United States TO postpone the hearing
OF the case until some suitable day. In answer 20
questions by the Court Mr.. Shepard stated that in
the absence OF an adversary he content to sub
nit the case on the briefs. Thereupon Chief Justice
Fuller announced that the Court would take the
case with leave Mr. Griffin to file brief Jefore
Friday next.
The Maryland and Virginia oyster the
subject Of a decision by the Supreme Court to-day,
hsuce Field announcing the option. The
nder consideration was the appeal Of Robert l..
Wharton agt John H. Wise. Sheriff Of Accomac
County. Virginia. Wharton. resident Of Maryland,
had been arrested and fined for oyster fishing in
Pocomoke Sound, and failing to pay the fine. he
was renanded to the Sheriff for imprisonment in the
county jail and the present proceeding was brought
10 secure his release write OF haDeas corpus.
After a rey7,w Of the compact Of l7S5 and suisse
quent agreements between the states Of MARYLAND
case turned. Justice Field he'd that no right
that the courts Of Virginia had jurisdiction 10 try
Wharton for the offence charged, and. therefore.
that the Judgment OF the court below against
Wharton must lie affirmed.
The three cases which to the Supreme
Court appeal from the judgment OF the Circuit
Court Tor the Southern District OF New J DIX IN
the matter Of the collision between the steamers
Britannia and BeacOnsiied, of Governors Island
were disposed OF today. Justice Shiras delivered
the opinion Of the Court, holding that both vessels
in fault. and that the judgment OF the Dis
trict Court that effect should be affirmed. and
that OF the Circuit Court that the Britannia was
alone at fault and should be mulcted in damages
Should be reversed
Argument upon the three cases OF the Erie Rail
way Company against the State Of Pennsylvania.
growing Of the tax laws OF that state was
begun In the Supreme Court today Ex-Minister
]. Phelps appeared for the railroad company.
An unusual incident Of the session Of the Su-
lreme Court today was the presence at one time
Of the Attorney Generals Of six States: Poe, OF
Maryland. Hensel. Of Pennsylvania; Richards, or
Ohio; Hendricks. OF Kentucky; Scott Of Virginia.
and Pickle, of Tennessee. There also a notable
gathering OF attorneys including E j. Phelps. eX-
Minister 20 England, and J. c. Carter. leading cOun-
sci for the United States before the Behring Sea
Tribunal
. The call FOR tomorrow will be follows: Nos.
lgi 1925, 1913. 7S8. 1911. 3i4 $40
Baltimore April 2}-The effect OF the decision
o. the Supreme Court IN the Wharton case will be
70 give the richest oyster beds In the country 10
ne exclusive use Of Nirginians. One OF the main
points issue in the that POcOmOke
River and POcOmOke Sound were the same. and
hat under the compact Of a century ago
maryland dredgers and tongers had right 10 take
~ the oysters they could get In POcOmOke Sound.
others and hereafter Virginia authorities Will have
eholsputed right TO arrest Marylanders found tax,
,ng bivalves IN those waters ana try them In Ola
dominion courts.