The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-05-15
IN THE SUPREME COURT.
Several Important Opinions Handed
Down,

Several Important Opinions Handed
Down.
washington, May 1.-THE case of the
Mobile & Ohio railroad and the Farm
ers' Loan and Trust company was decided
in the formers favor by the supreme court
today. The majority opinion, by Justice
Jackson, holds the clause in the railroad
oompanys charter eXenpting the road
from taxation while dividends We're under
s per cent. is valid, though in conflict with
general state legislation. This decision
over-rules the supreme court of Tennessee.
Chief Justice Fuller, Justices Gray,
Brewer and ShiraS dissented, opposing
the doctrine of the right to discriminate
in favor of individual corporations. Taxes
aggregating S350000 are involved.
The supreme court sustained the decision
of the state of Ohio, compelling the pay
ment of q tax of one-tenth of one per
cent. on the capital stock of all consoli-
dated branches of the Wabash road in
corporated in Ohio. The law of North
Dakota, declaring that owners of grain
elevators kept a public warehouse and
fixing the charges, with penalties for over
charge, was sustained.
Governor Tillman's appeal from the rul-
ings of Commissioner of Patents Seymour
in refusing to register the word Pal
netto'' as n trade mark for state dispen-
sary liquors, was dismissed. Justice Gray
delivered the opinion. He held that the
supreme court had no jurisdiction over the
case. Since the dispersary law has been
declared unconstitutional by the state
courts this branch of it is not of SO much
chief Justice Fuller announced today
the supreme court will set once more
May 26 for the final adjournment for the
The appeal of the Arkansas Cherokee.
Starr. convicted of the murder of Deputy
Marshal Floyd Wilson, was successful,
Chief Justice Fuller commented on the
charge of the presiding judges to the
Justice Shiras delivered the opinion re-
versing the decision of the circuit court
for the northern district of Illinois in the
case of Anthony +. Seeberger. collector
of customs at Chicago, plaintiff in error,
VS.. John Scllweyer. SchWeyer sought to
recover duties paid under protest in 1858
on goods imported in 1856 and placed in
bonded warehouse. me plaintiff offered
to nav duties within year after their
arrival in Chicago, but over a year after
their arrival in New York. the law pro-
viding for an additional assessment of 10
per cent. where the articles are not with
drawn for consumption within a year
after their importation. The lower court
held that the date of Importation 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 re-
lnands the case with directions to enter
judgment for the collector
The court affirmed the judgment of the
circuit court for the eastern district of
Michigan in the case of Henry III. Loud,
and Water company. There was an agree
ment by Loud to purchase certain lands in
California and shares of stock in an irri-
cation company, the exclusive right of
way for laying pipes and aqueddcts for
conveyance Of water on the land being
reserved TO the irrigation company, Loud
claimed fraud in that it was represented
TO him the shares in the irrigation com
pany gave him the right to water for his
land and that these representations proved
false, in that sufficient water to irrigate
the lands was not represented by The
shares of stock The circuit court de-
cided against Loud and Justice jackson,
in delivering the opinion of the supreme
court, affirmed that decision on the ground
the allegations of want of title to the
stock in the irrigation company repre-
senting water rights were not supported
by proof. 1t is also held the bylaws of
the irrigation company did not provide
that water rights should go with shares
in the irrigation company, and that Loud S
ignorance of the bylaws did not supply
grounds. for his COMPLAINT of the lack of
water rights.