The San Francisco call., 1896-06-03
SIX ON THE FIRST DAY,
Many Decisions Handed Down
by the United States Court
of Appeals.
Liability of National Bank Stock.
holders Fully Defned-Hunting.
ton Wants More Land.

The United States Circuit Court of Ap-
peals, with Judges Mex emma, Ross and
Gilbert presiding, was in session Mon
day. No less than six opinions were rem
dered, principally by Judge Ross, the full
bench, however, concurring.
The most important case considered was
that of Robert Wingate, receiver OF the
Bank of Commerce of Tacoma, VS.. George
f. Orchard, a stockholder in the defunct
institution.
The point involved was the right OF
stockholder Of an insolveht National bank
to offset an assessment by the Comptrol-
ler of the Currency with the amount OF
his deposit in the bank at the time 1t be-
came insolv ent. The District Court of
Washington held that such course was
EN- inently proper, but the Court OF APP
peals, through Judge Ross, reversed the
decision.
After reviewing the National banking
laws, the Appellate Court held that to al
low an assessment against stockholder
to be offset by the amount of such stock
holders deposit in bank, would be to make
him a preferred creditor.
The court further held that 'if the
amount of his deposits should equal the
par value of his stock, the allowance OF
such an offset would be, in effect, to pay
him in full the amount of his deposits;
and if his deposits are less than the par
value of his stock, the effect would be to
paw him in full to that extent, whereas the
| other depositors would receive little or
! nothing"
| Three wears ago the Government insti-
| tuted suit IN the District Court of Oregon
| to recover 218,000 acres of land in Multi
nomah County, Or, claimed by the Oregon
and California Railway under land grant
issued in 1870. The case was heard before
Judge Gilbert, and decision rendered in
favor of the Federal authorities.
Mr.. Huntington it seems was not salts
| fed with the verdict, and now the case is
before the Court of Appeals for final de-
cision The suit involves an old land grant
| of twenty miles on each side OF the road
on any site the company might select for
a road to Portland. The additional con-
ditions, however, were never complied
| with. hence the suit.
The Judgment of the lower court in the
| case OF Lon Engler VS.. Western Union
| Telegraph Company was sustained. Tne
| plaintiff, it appears, was driving along
| what is known as the old Grand Prize road
in Elko County, Nevada, when his horse
struck live wire belonging to the defend
ants. As result Engler was thrown to
the ground, sustaining compound frac-
ture of the ankle bones of the left foot.
The testimony was to the effect that he
would be permanently lame.
The case was appealed on the ground
that the lower court was in error in in
structing the jury in the matter of the
line being out of repair. The telegraph
com pany also held that the amount
claimed was excessive.
The Court of Appeals in a decision rem
| dered by Ross, held that that body had no
way Of determining the extent OF the in
| Jury further than what was found in the
| evidence, and would therefore sustain the
! lower court.
Three other decisions of minor impor-
sance were also rendered. The Court of
| Appeals will be in session the balance of
this week and probably a portion Of the
next.