The Indianapolis journal., 1896-05-26
OTHER DECISIONS.
The Horsa, the Omnhn Brfdes s-A 49,
hammock Indian Cases-

OTHER DECISIONS.
The Horsn, the Omaha Brfdes s-A 49,
hammock Indian Cases-
WASHINGTON. May 25. = Chief Justiea
Fuller to-day delivered the opinion q =
Supreme Court in the case OF the United
States VS.. ]. II. S. wiborg. captain of the
steamer Horsa. and others The case Is the
one which was recently advanced by the
court at the instance OF Attorney-general
for the purpose of securing decision OF the
court as to the construction OF our neulral-
ity laws, and their effect in preventing hli-
clustering expeditions against friendly pow
ers. wiborg was the captain OF the Horsa.
and. with his associates. Is accused OF at
tempting to land arms surepfitiously In
Cuba. They were found guilty under the
neutrality laws OF the United States court
at Philadelphia. To-day's opinion held thas
the decision OF the Pennsylvania court was
correct, on the point that the expedition
was violation OF the neutrality laws. The
judgment of the court Was affirmed az 20 WI
borg. but reversed as TO Mates Jchannsen
ignorant OF the purpose or the expedition:
Justice Harlan concurred In the reversal of
but but dissented from the judgment afiirming the
sentence againsS Wiborg-
Chief Justice Fuller handed down the opin-
ION OIL the CouLl IN the CH7C Va A.@t t@t.,@>
Pacific Company VS.. the Chicago & Rock
Island. and the Chicago. Milwaukee q st.
paul, involving contracts between the lass
two named companies and the Union Pacific,
as to the right to use the tracks OF the
bridge across the Missouri river, at Omaha,
and which the Union Pacific sought to have
invalidated on the ground that the contract
gas made by the officials OF a branch line.
One OF the points raised was that IL was
not within the corporate powers OF the par
ties to make such contracts, but the Cnier
Justice eaid, on this point tnat tnere Mss ss
Company that prohibits such an arrange
ment as the one in controversy, unless by
Implication. and as by IL the public Interest
was subserved. that company reaching its own
lines by a shorter route and accommodating
its own through freight and travel, We are
The opinion also held that the contracts
were duly authorized by the Union Pacinct
and that they were such contracts as a cou[s
frming the decree OF the Circuit Court or
Appeals for the Eighth circuit, on all points
.The III Contracts in Question" said the court,
"were in proper form. signed and executed
by the proper executive officers, and attested
and authorized by the executive committee.
which committee had all the powers OF the
6rmed by the stockholders at their regular
meeting. This was sufficient 10 bind the
company, although no formal action Dy the
board was had" Justice shiras dissenfed-
In an opinion by Justice White. the court
passed on the right of the Bannock Indians
to kill game in the unsettled lands of their
former reservation, in Wyoming. holding
that under their treaty the Indians could not
kill game in violation OF the game laws OF
II Ward. sheriff. VS. Race Horse. the latter
being an Indian, who had surrendered him-
self 10 the Wyoming State authorities Tor
on Of ne IJniteS stafes court for wyoming,
by which Race Horse was released from Gus,
tody. was reversed. and 1t was ordered that
the State authorities.
The Supreme Court to-day reversed the
decision of the Supreme Court Of Arizona In
the case OF Bertha Tomlinson VS.. the South
ern Pacific Railroad Company. This case
was an action for damages on account oe
the killing of A r. Tomlinson on the South
ern Pacific road. The jury awarded $4,000,
TO be divided between the widow and other
but $4,000 of She amount The Supreme
Court OF the Territory affirmed the verdict
for this amount Opinion by Justice Gray.
The court decided in the case OF George
w. Grayson and others appellants VS.. Lynch
Bros. appeliees. that the owners OF stock
infected with Texas fever can be held liable
for damages to those TO whose stock the
disease is conveyed. The action was begun
by the Lynches against Grayson In the
cornty, New Mexico, to recover for loss
sustained by their herd from fever con-
tracted from cattle driven from Texas upon
their range by Grayson. The finding OF that
court was favorable TO Lynch and the Ter
ritorial Supreme Court approved the ver-
sast Sustained af in sT turn today T by the United
States Supreme Court. In this the
court took occasion 10 rebuke attorneys who
make too many assignments OF error.
sThere is always" said Justice Brown. "a
possibility that in the very abundance OF
alleged errors substantial one may be lost
sight of. This Is q comment which courts
have frequent occasion 10 make and one
which Is too frequently disresarded Dy tne
profession"
The decision of the Circuit Court OF Appeals
for the Eighth circuit, in the case OF the
receivers OF the Missouri. Kansas & Texas
railroad vs. Lafayette anf Haiiey Was al,
| a railroad company for damages IN case OF
| fire started by sparks from an engine Ine
! opinion holds the railroad companies labs
| Justice White delivered the opinion OF
the court reversing the judgment ef the
| Circuit Court for.,fhe Eastern dh,trict OF
| Louisiana in the case OF Victor and .,dolph
| Meyer VS. w. T. Richards. This was an
action to recover $3.50. the price paid ny
| plaintiffs to Richards in February 1859. for
| thirteen bonds of the State OF Louisiana
| and which plaintiffs declared were not
| valid The bonds. the opinion says. were
| fraudulently issued by State Treasurer
| Burke The case Is remanded. with direc-
| tfons TO enter judgment for plaintiffs for
the amount claimed with interests and
| costs.
A motion submitted on behalf OF the
Singer Manufacturing Company TO stay the
mandate in the case Of the/S;nser COM
| pany VS.. the June company was yranted
| and leave given 10 file - petition for re-
| hearing before the next<term-
Bowler VIII Obey. s
wAsHINGTOS,t1iay 25.-Mr- Bowler. tho