The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-23
1t VIII Meet Again on October
the Fourteenth.
A GREAT MANY CASE
ONE INVOLVES THE PRICE OF
DESERT LANDS.
There Are Also a Large Number of
Criminal Cases, in Which Federal
Questions Are InvOlved-Union
Pacific Railway Company Inter-
ested in Several of the Actions.

WASHINGTON. Sept. %. = The
United States supreme court will meet
again on Monday, October ID. On that
day, after assembling, the justices will
call upon the president. The business
of the court will come on the 18TH
The first week will be devoted to mis-
cellaneous business. The important
cases that were pending at the last
session were set for early hearing and
will be called October 81. Among them
are the following:
The United States appellant VS.. ].
| Hesley, involving the price of desert
lands. The court of claims held that
SIPS per acre was the price under the
act of March 3, 1877 but the govern
ment exacted $3.50 per acre because
the lands were within a railroad land
grant. The case will have an import
ant bearing on all desert land entries
inside Of railroad land grants
The Cleveland, Cincinnati, Chicago
& st. Louis railroad company VS.. Will
lard B. Brown, relating to the respon-
sibility of a corporation for an acct
dent to an employee while he was
acting under instructions from a fore
man and had an opportunity to know
the danger he incurred.
The United States VS.. The State of
Texas is the well known Greer county
case and involves the question of title
to the lands of Greer county.
Santiago Ainsa, administrator Of the
will of Frank Ely VS.. the United
States. An appeal from the court Of
private lands claims on the part of
the claimants of Las Nogales de Elias,
Mexican land grant, embracing 25S99
acres.
Many other cases before the court
Of private land claims depend upon
the decision in this case.
William Treaga VS.. the Board of Di-
rectors of Modesto Irrigation district,
from the supreme court of California
relating to irrigating corporations and
testing the legality of the Wright IT.
rigation law and confirmation act of
the California legislature. The federal
questions involved are that the de-
fendant was denied "due process of
law" and equal protection of the
laws" and that the judgment Of the
court amounts to taking private prop
erty for private purposes. Much prop
erty is involved in the case.
The Flournoy Live Stock company
Vs. William Beck. This is a case
where the company filed a bill in equity
CD Ncpldln DECK, united states
army, acting agent of the Omaha &,
Winnebago Indian reservation in Ne
praska, asking an injunction to prevent
Beck from interfering with the possess
sion by the company and its lessees
OF certain reservation lands which the
company had obtained from the In
dams. The circuit court of appeals
decided against the Flournoy company.
Benjamin H. johnson, Alvin M
"a a
United States, three cases, involving
the act of March 8, 1891, for the adjudi-
cation of Indian depreciation claims
The court of claims decided against the
claimants and they appealed About |
l1,0O0 cases have been filed and perhaps
most of them depend upon the princi- |
pies raised in these cases before the |
supreme court
The steamship Delaware Thomas
Thomas vs. Charles H. Winnet and |
others, involves a construction of the |
act of February 1S, 1893, relating to !
navigation of vessels and bills of lad |
ing. The act was intended to protect |
ships and compel vessel owners trans |
porting merchandise from the United |
States to exercise due diligence to
make the vessel seaworthy and to be
properl y manned and equipped. In the
present case a collision occurred while
the vessel was in charge of a duly
licensed pilot. The question arises
the owners are not in such |
cases exempt from any damage which l.
may occur. Many similar cases are in
the lower courts awaiting decision in
this case.
There are also a large number Of
cases in which federal ques-
tons are involved, set for the 21st A
number of these came from Indian Ter
rtory which always furnishes more
than its share. One of the important
cases which will be called early in the
term is the case of Lawrence P. Miller
vs.. W. Briggs Green, known as the
South Carolina registration case In
this Chief Justice Fuller sat as a cir
cult judge and upon request Associate
Justice Harlan allowed an appeal to
be made from the decision of this
court.
Among some of the important cases
which have been filed since the ad-
iournment, and which will probably re-
ceive attention during the coming
term, are the following:
The Western Union Telegraph COM
pany VS.. the State of North Carolina;
the United States VS.. Eleverton R.
Chapman. one of the sugar cases wit
nesses; the Northern Pacific railroad
VS.. Narisse Perier; the Central Rail-
road company of Georgia and H. M.
Conner and r. Somers, receivers of the
same. VS.. William Wright, comptroller
general of the state of Georgia; the
United States VS.. the oregon & Califor-
ala Railway company; the United
States VS.. the Union Pacific Railroad
company and Henry Gay, NJ. j. Wei
ington and William Heard: the United
States svs. the Union Pacific Railroad
company and William Dalyrmple;
Charles D. Long VS.. William Lochren,
of pensions.