The Weiser signal. [volume] (Weiser, Idaho) 1890-1904, 1895-04-25
DECISIONS BY ALIENS
The Supreme Court Has Grave
Question to Solve.
THERE ARE MILLIONS INVOLVED
Orders OF Tribunals OF Other Nations
and What Effect They VIII Have
In This Country.

Washington. d. c., April 21.-It is gen.
orally believed that the United States
supreme court will before the adjourn
ment of the present term render a de-
cision in the case involving the validity
of foreign judgments in the courts of
this country. Barring the question of a
rehearing in the income tax cases, this
is probably the most important matter
now before the court, and the fact that
Notwithstanding the cases were argued
during the terms of 1S93-94 and are still
undecided, 1t would appear to indicate
that the members of the court have en-
countered difficulties in dealing with
them.
There are two of these cases, but the
points involved are so much alike that
decision in one will in all probability
be equal to a decision in the other. The
first of the cases is that of Samuel j.
Ritchie VS.. James w. McMullin, and it
is an appeal from the decision of the
United States circuit court of the north
ern district of Ohio. affirming the judg
ment of the Canadian court in McMul-
Inns behalf against Ritchle. The sec
ond Is that of Henry Hilton and others
vs.. Gustavus B. Guyot from the United
States circuit court of the southern dis
trict of New York. affirming q decision
against Hilton, successor to A. T. Stew
art & Co., for the sum of $2S0,S53.
In the latter case Guyot appears as
the official lquidator of the affairs of
the firm of Charles Forth & Co., glove
manufacturers. 1t appears that in 1866
Stewart & Co. entered into an agree
ment with Forth & Co. to sell In this
country all the gloves the French firm
could manufacture and to divide the
profits equally. In 1879 there was a dis
agreement and the French firm sued
the New York house in the tribunal of
commerce of Paris and obtained a
judgment. The case was appealed to
the Paris court of appeals, but the
judgment was affirmed. In the mean
time Stewart & Co.had closed the house
which they had hitherto maintained in
Paris and sold their property there.
The Paris firm then entered suit in the
federal court of New York and asked for
the execution of the decree of the
French courts, maintaining the suffi-
cheney of the judgments of the foreign
courts. Their judge gave judgment
| for the full amount Hilton & Libby
as successors of Stewart & Co, then
brought the case to the supreme court
of the United States, where it was twice
argued for Guyot by Messrs. William C
Choate and William d. Chapman, an6
by Messrs j. c. Carter and Elihu Roo
for Hilton & Libby.
Enormous interests are involved II
the decision. 1t is said judgments tc
the amount of SIG 900, 600 have been rem
dered in the Canadian courts alon,
against American citizens, the validity
of which depends upon the decision IL
these cases. The lawyers agree ther,
is scarcely any doctrine of law which
so far as regards formal and exac
statements, is in more uncertain con
dition than that relating to the fore,
and effect of the judgments of courts
rendered on one nation by the courts
of another. Many decisions have, beel
rendered in England, but they appea
to have left the question in an involve,
and confused condition. Messrs. Carte
and Root laid down the proposition II
their argument on the Hilton case tina
the question of the conclusiveness of
foreign judgment depends upon the cir
cumstances under which it was rem
dered. Where it was not so conclusiv
as to preclude inquiry into the origina
merits of the controversy, then tn
state is under it's ordinary obligatio
to the party demanding the inquiry t
give him at least one full and fair OF
portunity of having his cause adjud
Gated upon its original merits. Thi
opportunity, they claim, was denie
them in this case.
1t is understood that a decision ha
been reached by the court in the cas-
but it is not known whether the opinio
. of the court has been prepared or whe
it will be handed down. 1t is not cor
sidered probable, however, that tn
court will again allow the matter to e
, | over through a recess.