The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1895-01-16
In,.restinr Points O; LIZ

The Supreme Court OF the United
States has decided as gncons.iiutional the
act which declares = person legally dead
who has been unheard of Lor seven years.
The opinion says:
Under such a statute. according 20 the
overwhelming weigh! %. authority, the
| jurisdiction of the court 10 which com
mitted the control AID management OF
the estates OF the deceased persons, 10y
whatever name it is called, ecclesiastical,
| probate court, orphans court, etc, does
not exist or take effect before death. .ili
proceedings Of such courts in the probate
OF wills and the granting of administra-
tion depend upon the f;sci that person IS
dead, and are null and void If he is alive.
Their jurisdiction in this respect being
limited In estates Of deceased persons,
tAcg' have no jurisdiction whatever 10 adj
minister and dispose OF the estate of liy-
ing persons cf full age ani solnd mind,
or determine that living man is dead
| and thereupon dispose Of his estate.
Continuing, the opinion says that next
o. kin or lcgalees have no right i'm the
estate of a living person. Neither credi-
tors norpurchasers can acquire any rights
in his property through the action of u
court of probate or Of an administrator
appointed by that court dealing. without
notice to him, with his whole estate "a if
he were dead. The fac; that person has
been absent and not heard from for seven
years may create such n presumption Of
his death a, if not overcome 10y other
proJs, i .,ich priua facie evidence Of his
death that the probate coart may assume
him to be dead and appoint an admins
traitor OF his estate, and such administra-
tor may sue upon a debt due to him. but
proof upon proper pleadings, even in
collateral suit, that he was aii.e at the
time of the appointment Of the admins
traitor controls and overthrogs the prima
f'cie evidence of his death and establish
e that the court had no jurisdiction and
the administrator no authority; and he Is
not bound by the order appointing the
administrator or by Judgment in any suit
brought by the administrator against =
third person; because he was no: party
thereto aaI had no notice OF either.
CHURCHES MUST PAY.
An important decision was rendered,
las; week, 10y the supreme Court in the
matter Of grading and paving Of Broad
street in Sewicllley, whence an appeal
was taken from the assessment Of benefits
by the ScwicSley ". L. church. The
court decided that the act Of 1874 except
ing various properties from taxation does
not apply to municipal assessments for
public Improvements, and distinguished
between taxes laid for general govern
mental purposes and ass essments Of BEN
eiits for public purposes. It has been
heretofore held that such assessments are
in the haiure Of q tax and therefore sach
properties We're protected. The Supreme
CoUr, now holds that there is a marked
difference. The result Of this opinion
viii be % make these charitable institu-
tions, including churches, liable 70 these
assessments and viii compel them 20
bear their fair proportion OF the costs of
grazing. paving and otherwise improving
streets and highways.
NO SUGAR BOUNTY.
The e1art Of appeals OF the District Of
Columbia, Tuesday. rendered a decision
Affirming the decision Of Judge McComas
r. the c.r.uit cour; refusing 10 grant a
maudamUs 20 the Miles planting and
manufacturing company, OF Louisiana,
tpc)moci the Secretary oc the Treasury
and Commissioner of Internal Revenue
to make an examination Of the sugar
manufacturing plant preliminary 10 the
payment Of thc sugar bounty for the last
fiscal year. The court holds that the sa-
gar bounty was abrogatei by the last tar
iI law.