The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-04-18

WASHINGTON, April ia consti-
tutional opinion Of great Importance was
rendered by Judge Mott Of the court OF
claims today in passing upon one of two
cases arising out OF the We'll and Labra
Mexican awards. The question pre-
scented was as TO whether or not the
president can lawfully approve bill
after the adjournment of congress.
Judge Mott held that the president had
that right, providing that it be exercised
within the ten days allowed him by the
constitution.
The decision was rendered i'm one Of
two cases in which the United States
were complainants and the La Abra sill
YER mining company. Alice We'll and
a large number OF other persons respond
ents. These are the first cases I'm the
court OF claims i'm which the government
has appeared in the character of plain
tin and private parties in the character
OF defendants.
The suits arose out of awards made by
Sir Edward Thornton. as umpire of the
Mexican commission in favor of the
company and Ben We'll i'm the one case
for being driven away from their mine
in Mexico and i'm the other for a large
quantity Of cotton seized by the Mexican
army in 1863. subsequently the Mexican
government paid the money awarded
To the government Of the United States.
but at the same time charged that the
claims involved frauds Of the grossest
character Special acts We're passed by
congress authorizing the president 10
bring suits in the court of claims TO
vacate and set aside the awards. Such
suits were accordingly brought by the
attorney-general in the form of a bill
in equity. The respondents demurred.
the ground being that the statutes under
which the suits are brought are uncOn-
stitutiOnal and void. The cases were
elabOrately argued by fine counsel and
have been under adVisement since Feb
ruary The opinion delivered upholds
the cOnstitutionality of the act and the
sufficiency Of the governments bill and
overrules the respondents demurrer.
Supreme Court Decision.
The supreme court reversed the judg-
ment Of the lower court in the case Of
Bandy NJ. West. plaintim in error, Us.
William l. CabeI and others from the
circuit court for the northern district Of
Texas. Justice Gray delivered the opin-
ion. Cabel, as United States marshal.
arrested West on a warrant for the az
rest Of one James West He failed TO
secure damages in the lower court. The
case Is remanded with directions to set
aside the verdict and order a new trial.
In the case of Max Shoenfeld ct al
plaintiff in error. VS. Collector Hen
bricks Of New York from the circuit
court for the southern district Of New
York, the court affirmed the judgment
Of the lower court, Chief Justice Fuller
delivering the opinion. The case in
wolves q question of appraisement of i'm
ported merchandise fOI duties. In view
Of provisions made for such cases in the
administrative customs act the court
holds that it is without Jurisdiction.
The court reversed the decision of the
court of claims on a claim by r. 5.
Shields. Shields was district attorney
for the northern distric& of Ohio. The
officers of the treasury department dis
allowed some Of his accounts. The court
Of claims awarded him his claim, but
this is reversed. Decision by Chief
Justice Fuller.
John GourkOf plaintiff in error, Us.
the United States, from the circuit court
for the western district of Arkansas, is
the case of a man sentenced TO be
hanged for murder. The supreme court
reverses the decision of the lower court.
The case is remanded for new trial.
Decision by Justice Harlan.
The case of the United States vs.
Horace q. Allis from the circuit court
for the eastern district of Arkansas, was
today advanced for hearing to the third
Monday in October. Allis was a bank
president convicted of making false re-
port of the condition Of his bank, which
failed.
The prohibition case from North Da-
kota was set for the third Monday IN
October.