The herald., 1894-05-15
THE COURT OF LAST RESORT
Opinions Handed Down From
the Supreme Bench.
Boss McKane's Appeal 0verruled al
Every Point.
Jud gment Affirmed in the Case of Loud
VS.. the Pomona Land and Water
Company-Tiiimaa's Case
Dismissed.

BY the Associated Press.
WASHINGTON, May 1.-THE appeal OF
John Y. McKane to the United States
supreme court was decided against Nc
Kane today. McKane is overruled at
every point without dissenting opiH-
ion from any justice.
The court affirmed the judgment OF
the circuit court for the eastern district
Of Michigan in the case OF Henry M.
Loud. plaintiff in error, VS.. the Pomona
Land and Water company. There was
on agreement by Loud to purchase GER
tain lands In California and shares OF
stock in an irrigation company, the ex'
elusive right for laying pipes and sque-
ducts for the 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 company 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 decided against
Loud and Justice Jackson in delivering
the opinion of the supreme court, al
frnGd that decision on the ground that
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 that the by
laws OF the irrigation company did not
provide that water rights should 60 with
shares in the irrigation company, and
that LIQUIDS ignorance OF the bylaws did
not supply grounds for his complaint OF
the lack of the water rights.
The appeal of the Arkansas Cherokee.
Starr, convicted of the murder OF Depu-
ty Marshal Floyd Wilson, was success
full, new trial being granted. Incl
dentsliy Chief Justice Fuller commented
severely on the charge Of the presiding
judge to the jury.
Justice Shiras delivered the opiuion
reversing the decision of the circuit
court for the northern district of Hill
nois in the case of Anthony F. Seeber-
ger, collector of customs at Chicago,
plaintiff in error, vs.. John Schweyer.
Schweyer sought to recover duties paid
under protest in 1888 on goods imported
in 1886 and placed in bonded ware
houses.
The plaintiff offered to pay the duties
within year after their arrival in Chi
cago, but over year after their arrival
in New York, the law providing for an
additional assessment OF 10 per cent
where the articles are not withdrawn
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 su-
preme court holds the date of importa-
ton to be the date OF arrival in New
York, and remapds the case, with di-
rections to enter judgment for the COL
lector.
The case of the Mobile and Ohio rail-
road and the Farmers Loan and Trust
company was decided in their favor.
The majority opinion, by Justice. jack
son, holds that the clause in the rail-
road company's charter exempting the
road from Taxation while the dividends
were under eight per cent, is valid,
though in conflict with the general state
legislation. This decision overrules
that of the supreme court of Tennessee.
Chief Justics Fuller, Justices Gray,
Brewer and Shiras dissented, opposing
the doctrine OF the right to discriminate
Ia favor of individual corporations.
Taxes aggregating $3.50, 900 are involved.
Tue court sustained the decision of the
state courts of Ohio compelling the pay
ment of the tax of one-tenth of one pei
cent of the capital of all the consolidated
branches of the Wabash road, incorpo
rated in Ohio.
The law of North Dakota declaring
that the owners OF grain elevators KEEP
public warehouses, and fixing charges
with penalties for overchsrge. was sus
tanned.
Governor Tillmsn'H appeal from th'
rulings of Commissioner OF Patents Sey
mour in refusng to register the wore
"palmetto" as q trade mark for stat,
dispensary liquors was dismissed. Jus
tice Gray delivered the opinion. HI
held that the supreme court had NJ
| Jurisdiction over the case. Since tn,
dispensary law has been declared un
constitutional by the state courts thi
brand of liquor is not of 80 much i'm
portance.
Chief Justice Fuller announced tods
that the supreme court will sit one
| 1900 -, Mav Oeth hafnra tho final cd