New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-03-12
THE COURTS.
s1-ppEMr COURT DECISIONS.

TWO Customs CASES AND AN ADMIRALTY SUIT
DEcrpED-TrE LAW OF LIBEL DISCUSSED.
Washington March 1.-THE Supreme Court OF the
United States to-day overruled the Circuit Courts OF
the Southern District Of New-York ana Eastern
District OF Pennsylvania In two customs cases. IN
the first case, Henry Beuttell agt Daniei Magohe.
Collector OF the Port OF New-York. the Court held
that certain rugs imported by BeutteIl and assessed
by Magone as carpets, under the act OF 1885, were
really rigs and assessable SUCH The Circuit
Court decided otherwise. In the other case Thomas
V Cooper, Collector at Philadelphia, agt' D. * D.
Dobson the Court held that certain goat hair was
not under the act OF 1855 free OF duty. as the CIR
cult Court decided, and the Judgment was 'hereiore
reversed with instructions for new triai.
chief Justice Fuller announced the opinion OF the
court In the matter Of the libel in admiralty against
the steamship Caledonia by Henderson Brothers 10
recover damages caused by delay through the Dreah
ing OF her shaft. Henderson Brothers shpped cat
tie by the steamer and by reason or the pro'onseu
voyage lost money through decrease IN weight ana
fall In priees The bill OF lading relieved the
steamship company OF liability for loss or damage
from delays or defects In boilers or machinery NE
case was tried in the Circuit Court TOT Massach"-
sets which found that there was warranty ''a'
the vessel seaworthy at the time or sans rom
Boston This warranty was not affected py the
exceptions in the bill OF lsdlng The breach OF the
warranty was the cause OF all the damage claimed
The libellant is entitled to recover Sso anu '".e'
est" and judgment was given for that sum- Inc
defence that the breaking OF the shaft was que
to a latent defect that could not be discovered
and that the steamship company was not hape TOT
the IMAGES caused by the resulting delay thar the
exceptions in the bill Of lading protected II. Inc
Chief Justice In tho opinion Affirming the Judg-
ent OF the Circuit Court said In part: In our
opinion the ship-owners undertaking is not merely
that he will do and has done his best TO make the
ship III, but that the ship Is really TT TO undergo
the perils OF the and other incidental risks 70
which she must be exposed in the course or the
voyage and. this being so. that undertaking Is not
discharged because the want Of fitness Is the result
of latent defects" From this opinion and Judgment
OF the court Justices Brown. Harlan and Brewer
dissented.
The law of libel was discussed by Justice Gray in
an opinion rendered in the case OF Catherine
G;oldey agt. THE Morning News" OF New-Haven.
Conn. The plaintiff. who Is a resident OF the State
OF New-York sued The News Company In
New-York State court for 10000 damages. by al
legged lIbellous publication. Service was secured
on the president OF The News" Company while
temporarily in New-York. and he petitioned Tor
removal OF the TO the Federal court Inis
was ordered by the Circuit Court FOR the southern
District OF New-York. from which order the plain
tiff appealed to the Supreme Court OF the United
States II was argued with some pausbility' JUS
tice Gray said that the president OF the DEFENDANT
corporation had practically accepted service oy
appearing TO petition for removal Of the case 10
he Federal Court. But that was a speclai dp-
pearance as the record showed. for the single pIr-
pose OF enabling counsel 10 maxi me ,nSant nos
sessed. That being the case, and the petitlon lor
the removal having been filed within the time pre-
ordering fGSf y the removal to be made affirmed
The case OF Theodore Lambert agt George Bar
been advanced by the Supreme Court for argument
on March 25. Lambert was sentenced 70 be hanged
for the murder OF William kaier in camden. on
December T. 1893 After exhaustlng all the courts
OF New-Jersey ard the Federal Courts OF that cir
cult his attorney, John L. Semple. secured a writ
POSTPONE the execution OF the sentence. an hour
or two before the time fixed for II.
Chief Justice Fuller announced that after the
cases now on the call had been argued the SUI
preme Court would hear no more. owing 10 the
pressure OF already under consideration, out
would take a recess until March q. II VIII be en-
abed 10 DO this probably on Friday. The cases OF
Texas Pacific Railway companies AIT the Interstate
Commerce Commission and OF the Commission agt
the Cincinnati. New-Oreans and Texas racine
Company have been restored 20 the docket for re-
argument the next term Of court.
Tho other decisions handed down were as follows:
wakelee. No 1872 Erwin Davis, appellant. agt
Pierre Is. Cornwall. Appeals from the Circuit Court
FOR the Southern District Of New-fork-Decrees
affirmed with costs .
No iS John Nee administrator. etc. agt. the
Pennsylvania Company. In error 20 the Circuit
reversed with costs. and cause remanded with d.
rectons remand the case TO the state court,
with costs against the defendant
The day call for tomorrow Will be as follows:
Nos 500 and s9i ard 9l5 s+2 Do land 29l, 22i. 225
and 226, le2 and 1897, 40, lT. IS and s22