The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-07
PECKHAM SWORN IN
OATH ADMINISTERED TO THE NEW
SUPREME COURT JUSTICE.
Decision Rendered That Bears on
and Duties of Treasury Officers.

WASHINGTON, Jan. 6-Associate Justice
Peckham. the latest acquisition to the Su-
preme Bench, took his seat as member
of the highest court of the land to-day.
The initiatory ceremony, consisting of the
taking of the oath Of of1ce, was brief and
simple. The new justice Is a man OF i'm
pressive presence and striking personality,
and the impression made on those pres
ent was altogether agreeable. Chief Justice
Fuller announced the receipt by the court
Of Mr.. Peckham's commission from the
President, and, after Clerk Mckinney had
read it, he administered the oath, in which
the justice vowed to do equal justice TO
rich and poor alike. There was an espe-
cially large attendance Of attorneys at the
ceremony. Among others who occupied
seats inside the bar were the Chinese min
lister and two members of his suite.
The court rendered decision, which was
handed down by Justice Harlan, in the
claim of the State of New York against
the government for interest on money
raised and expended by the State for the
equipment of troops during the war.
awarding the full amount of $4,000
claimed by the State. The opinion decided
several points bearing on the functions of
the Court Of Claims, and will have an i'm
portant bearing on all other claims before
the executive department. possibly includ-
ing the sugar bounty claims. The court
held:
First-That any claim made against an
facts or controverted law where the amount
in controversy exceeds $1,000, or where the
decision will affect a class of cases, or fur
nish a precedent for the future action of
any executive department in the adjust
ment Of a class of casey, without regard
to the amount involved in the particular
allrh0rifV-
iege or exemption Is claimed or denied
under the Constitution of the United States,
by the head Of such department under Sec
ton 1868, of the Revised Statutes, for final
adjudication; provided, such claim be one
OF which, by reason OF its subject matter
and character, that court could take judicial
cognizance at the voluntary suit OF the
claimant
Secondary such claim. without regard
to its amount, may be transmitted under
the Bowman act to the Court OF Claims
by the head of the executive department
In which it is pending, not for final judg-
ment thereon, but for report to such de-
partment OF facts and conclusions Of law
for its guidance and action"
Third-Any such claim may, in the discre-
ton of the executive department in which
ii Is pending, land with the consent of the
plaintiff" be transmitted without regard
NIT to the Court of Claims, under the
Tucker act. for a report Of facts and con-
illusions of law
Fourth-In every case coming before the
Court of Claims from an executive depart
ment under the Bowman act. In which that
court could take judicial cOgnizance at the
voluntary suit of the claimant, a final
Judgment may, in virtue of the thirteenth
section of the Tucker act, be rendered, and,
in addition, a report of its proceedings may
be made to the department by which the
claim was referred to said court
In a decision rendered by Justice White
the decision OF the Circuit Court for the
Western district OF Arkansas, in the case
of Sam Hickory, condemned TO death for
murder Justice White, in his opinion,
quoted literally from the instructions given
by Judge Parker, who presided in the Ar
kansas court, condemning in rather strong
terms, the use by the judge OF language de-
mandatory of the prisoner.
In the case of j. II. Gill, asking royalty
for the use of certain ordnance patents in
vented by Gill while in the employ of the
government, the court practically reaf-
firmed former decisions TO the effect that
the government Is entitled to the product
OF the labor of its employees In this case
il appeared that inventions were the work
of Mr.. Gill's leisure hours. but that the
government machinery was used in their
adaptation.
The court assigned the 10Th inst for re-
argument of the interstate-commerce cases.
involving the validity of the provisions OF
the interstate-commerce law relating TO
long and short hauls and foreign rates.