The record-union., 1894-05-15

The Supreme Court sustained the de-
cision of the State Court OF Ohio COM
pelling the payment of tax of one-tenth
of l per cent. on the capital of all CONSOLE
dated branches of the Wabash road, in
corporated in Ohio.
The law of North Dakota declaring the
owners of grain elevators kept public
warehouses, and fixing the charges with
penalties for overcharge, was sustained.
| Governor Tillman's appeal from the
rulings OF Commissioner of Patents Sey-
mour, III refusing to register the word
"Palmettoo as trade mark for State dis
pensary liquors was dismissed. Justice
| Gray delivered the opinion. He held
that the Supreme Court had no jurisdic-
ton over the case. Since the dispensary
law has been declared unconstitutional
by the State courts this brand of it is not
OF so much importance.
Chief Justice Fuller announced to-day
that the Supreme Court will sit once
more on May 26th for the final adjourn
ment for the spring. The appeal of the
Arkansas Cherokee, Starr, convicted of
the murder of Deputy Marshal Wilson
was successful, new trial being granted.
incidentally Chief Justice Fuller COM
mented severely on the charge of the pre-
siding Judge to the jury.
Justice Shiras delivered the opinion
reversing the decision of the District
Court of the Northern District of Illinois,
in the case of Seeberger, Collector of Gus
toms in Chicggo, VS.. John Schweyer.
SchWeyer sought to recover duties under
protest in 1855 on goods imported in 1856
and placed IN bonded warehouses. The
| plaintiff offered to pay duties within a
| year after their arrival in Chicago, but
over year after their arrival in New
ork, the law providing for an addi-
tional 10 per cent. where the articles are
not Withdrawn for consumption within q
year after their Importation. The lower
court held that the date of importa-
ton was the date OF arrival in Chicago.
The Supreme Court holds the date of
importation to be the date of arrival in
New York, and remands the case with
directions to enter Judgment for the Col
lector.
The court affirmed the judgment of the
Circuit Court for the Eastern District of
Michigan in the case of Henry NJ. Loud,
plaintiff IN error, VS.. the Pomona Land
and Water Company. There was an
agreement by Loud to purchase certain
lands in California and shares of stock in
an irrigation company, the exclusive
right OF way for laying pipes and aque-
ducts for the convenience of watering
land. Loud claimed fraud in that it was
reported 10 him that the shares in the ir-
rlgatlon company gave him the right of
water TOR his land, and that these repre-
sentations proved false in that sufficient
water to irrigate the lands was not re-
ported by the shares OF the stock. The
Circuit Court decided against Loud, and
Justice Jackson, in delivering the opln-
ion OF the Supreme Court, affirmed thar
decision, on the ground that the allega-
tions of want to title to stock in the irri-
cation company representing water rights
were not supported by proof. It is also
held by law that the irrigation company
did not prove that water rights should go
with the irrigation company, and that
LIQUIDS ignorance of the bylaws did not
supply grounds for his complaint OF lack
OF water rights.