Evening star., 1895-03-11
SUPREME COURT DECISIONS
Two Involving the Question Of the Collec-
ton of Duties.
One Regarding the Sumciency O1
Service i'm a Case of Libel-Linbil-
ity of u Carrier.

In the Supreme Court Of the United
States today two decisions were rendered
in cases involving the question of the COL
lection of duties. In the first of these; that
Of Beuttell agt. Magonz collector Of the
port of New York, the question involved
was that of the classification of certain
rugs woven on looms not fit for weaving
carpets, but which had been assessed as
Wilton carpet because the surface was
cut SO as to give it the appearance of
plush. The case was appealed from the
circuit court for the southern district of
New York, which has sustained the classi-
fication of the collector. but the Supreme
Court reversed this decision. saying the
rugs were rugs and not carpet.
The other tariff case was that Of Cooper,
collector, agt. John and James Dobson. in
yolving the classification OF certain goat
hair. which the circuit court for the east
ern district of Pennsylvania had held to be
free Of duty, contrary to the decision of the
collector. The decision In that case was set
aside and a new trial ordered. Justice
White delivered the first opinion and JUS
tiee Brown the second.
Service I'm a Libel Case.
Justice Gray delivered the opinion of the
court in the case of Catherine Goldey, ap-
pealed from the decision in the circuit court
for the eastern district of New York. This
was a case in which Mr.. Goldey asked dam
ages in the sum of 100000 for alleged libel
The action was begun i'll New York state
court and service was obtained upon the
president of the newspaper company on
chance visit. The case was afterward re-
moved to the federal court, where an order
was granted vacating the service. The ap-
peal was from this decision, but the Su-
preme Court affirmed the judgment, holding
that the service had not been sufncient.
Liability of a Carrier for Loss.
The case of James Henderson ct al, own
ers of the steamship Caledonia, agt. Mayor
Goldsmith involved the question Of the
liability of a carrier for loss by delay in
the shipment of merchandise. The case
was appealed by the owners of the vessel
from the decision of the circuit court for
the Massachusetts, district, which had held
them responsible for loss caused by delay
in the shipment of cattle. The defense In
the original case was that the delay was
cccasioned by the breaking of the vessels
shaft on account of a defect which could
not have been discovered. and that this
was covered in the exceptions made in the
bill Of lading.
The court held, however, that the excep-
ton was not sufficiently specific and sus-
tanned the judgment Of the court below. A
vessel, said Chief Justice Fuller, in deliv-
ering the opinion, must be really seaworthy;
it was not sufficient that its owners should
think 1t was seaworthy. Justices Brown,
the vessel owners were exonerated by the
exceptions made by them in their bill Of
lading. resy~~,
The court announced that the interstate
commerce cases. one Of which involves the
long and short haul and another of which
is known as the Social Circle case. had
been restored to the docket for reargu-
ment at the next term.
The court also announced q recess until
Monday the 25th ipstant,- after disposing
Of the cases now on hearing.