New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-02
SUPREME COURT DECISIONS.
A NOVEL POINT UNDER THE LAW or GENERAL
AvERAGE-A MVRrEEERs SENTENCE cos
LIRML.n- TIE DALENnAn

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Warrington. April IA case was decided IN tho
Supreme court Il the United states today which.
Justice Gray san In announcing tho opinion. IN
VOWED the law Of general average In a matter -
corsilrrahl" importanc" an some novelty. The
c.rcums,anccs were these. Tho firm ~ Ralh Broth
crs OF London. chartered The ship j w. Parker,
owned hy Troop q Son. shir-owners. % s.. John.
y H. 20 be loaded with igte and saltpetre ~ cal
ciua ;or New-York. Tho day tho ship was to
hayc sailed Arc broke out "a tho hold IN tho ali
scnce x tho master. and the port authorities took
=, session 81 the vessel finally scuttling her 30
tiugIsh the flames. There was n controversy be-
tween The master who had In the mean time come
on board. and the port authorities as TO the best
methot - subluing the fire. the opinion OF the lat
ter prevailing The question in tho case. Justice
Gray s,iI. was whether the scutting Of the snip
under ~. circumstances was such sacrifice for
the common benefit - owners nnd shippers
would make the shipowners liable under the law
~ general average t. their proportiouac cortribu-
ton toward the loss on tho cargo. lie announced
the opinion that the act was not voluntary sacri-
ice by the master OF the vessel. but a compulsory
sacrifice los the port authorities. and that the law
~ general average dd not obtain The Judgment
Of the court below Ohe circuit Court FOR the
southern District 81 NewYork that th" claim FOR
general average should be sustained was reversed
ana the ,d+ reuandel with Instructions - dis
miss the claim. and FOR further proceedings tn ac-
cOrIancc with IN" opinion. Justices Brown and
Harlan disscntcI holding that the action Of the
port authorities In effect the act OF the master
they being IA command OF the vessel under the Law
and the maritime rules applicable to the charter
and that the vessels owners were properly re-
sponslbe f.; their proportion OF loss.
August B.rgmaun. convicted OF murder In Norris
County y. j. and sentenced to death. must die.
So the Supreme Court sad today In an opinion read
by Justice Harlan IN the matter ~ his appeal from
the Judgment Of The United states Crcrit Court Tor
New Jersey. refusing 20 issue writ OF habels
corpus for h,s release from the custody of Edmund
a. Rocker sheriff Bergmanns attorneys alleged
tina; he was tried under form Of indictment re-
pugnant 10 the Federal Constitution In that II de-
prlvod him OF his ne without due process Of law
The Supreme Court said that the Indictment
good and not open to the objection made. IL was
also contended that the courts Of the state erred
In refusing to issue writ OF error ana stay the
execution OF sentence. There was no error In this.
the Court said and there wa no ground for IN
reference by Federal courts by writ of htbcas
corpus The refusal OF tho Circuit Court 50 to DO
was therefore affirmed
The case oi William Tregca against the Board OF
Directors Of the Modesto Irrigation District Of Cal
lforuia was argued before the supreme Court last
fan. ana decision has been expected at any time
since then. To-day however chief Justice Fuller
announced that the case had been restored 10 tho
docket for rcargImcn:. and assigned for hearing
10 the second Monday 81 next term. This indicates
n aiyisou Of the court ON the question involved:
that IT, the c0nstutionality OF the act OF the calf
fornia Legislature establishing irrigation districts
IA that state and 'he authority OF trustees acting
Hereunder to issue bonds.
In the cases OF George r. Orchard against William
Alexander and Ebcn Pierce against James \ Frace
from the Supreme Court OF the State Of Washing
ton Justice Brewer to-day stated the Law with
reference the standing OF the rulings Of the local
nd officers of contest He said that after
the register and receiver had approved the proof
presented by the pre-cmptor as to entry and Inn
provements their action could be reviewed by the
Commissioner of the General Land once. and set
aside. The findings and Judgment OF the Washing
ton Supreme Court 10 the same effect were there
fore affirmed.
John II Cuvlns suit to restrain the city Of Jack:
sonvlle. Fla. from issuing bonds I'm the sum OF
$4,000 has failed The supreme Court In an
opinion read to-day by Justice Shiras dismissed the
writ OF sued out by Calvin TO review the action
OF the Circuit Court FOR the Northern District OF
Florida, the ground that il had no jurisdiction
OF the The Circuit Court dismissed Calvins
bill for the same reason.
The other decisions announced follows
No 22-Thc Gulf, Colorado and Santa Fe Rail
way Company. plaintiff in error, against j. H.
the Indian Territory Judgment reversed with
costs and cause rcmanded with directions 10 set
aside the verdict and grant new trial. Opinion
by Justice White
No 79s james A Carr administrator etc. plain
TIFF In error. against William Nichols. In
to the Supreme Court for the state OF Missouri
Judgment affirmed with costs. opinion by Jus
tice Brewer
No 2ls-iram Barney. late collector etc. plain
TIN IN error, against Alexander Richard 1T al ex-
Southern District Of Ncw-York. Judgment re-
versed with cost and cause remandcd. with a d.
rcction to award n new trial Opinion by chief
Justice Fuller.
The day call for tomorrow will be as follows:
Nos 2io 2'3 2i5. 2i7. 27 80 81. 263, 255 and 2js