Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-26
SUPREME COURT DECISIONS
Fewer Gases on tho Docket Than in Twenty
Years Before
Burke Bonds In Louisiana Held Valid
Coal Rebates-Other Decisions.

The United States Supreme Court adj
journed yesterday for the term, after de-
liver1ng twenty-seven opinions. During the
term the court has disposed Of 487 cases.
leaving 535 on the docket, q smaller num-
Der than have remained at the close Of
any preceding term since the close of the
term in 1875. In addition to those finally
disposed Of argument has been heard in
twenty-eight cases in which opinions were
not rendered. The most important Of the
cases which go over Is that Involving the
constitutionality Of the California irrigation
law.
The court reversed the decision of the
supreme court of Arizona in the case of
cihc Railroad Company. This case was an
action for damages on account of the kill
Ing or Mr.. Tomlinson on the Southern Pa
cif1c road. The jury awarded $4,000, to
be divided between the widow and other
heirs of the deceased, but she RENTED all
but $4,000 of the amount. The supreme
court of the territory affirmed the verdict
for this amount. Opinion by Justice Gray.
Liable for Infection.
The court decided in the case of George
w. Grayson and others, appellants, agt.
Lynch Brothers, appeilees, 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 case
came up from the New Mexico supreme
court, which is sustained in yesterdays de-
cision.
Coal Rebates.
In the United States, plaintiff in error,
Vs. Charles r. Allen, the circuit court of
appeals for the ninth circuit was reversed.
The case originated in the northern district
OF California, and involved the legal uues-
ton as to whether the Mckinley tariff law
repealed the provision Of the act of 1883
granting rebate on bitum!nous COAL The
circuit court of appeals decided in favor of
Allen. thus holding that the law was not
repeated. Justice White said, in his opin-
ion; that 1t was repealed by implication.
The decision Of the circuit court of an
peals for the eighth circuit in the case of
the receivers of the Missouri, Kansas and
Iexas railroad VS.. Lafayette & HALEY was
aHrmed. The case involved the liability Of
q railroad company for damage in case of a
fire started by a spark from an engine The
opinion holds the railroad companies liable
In such cases.
Louisiana Bonds.
The circuit court for the eastern district
OF Louisiana, in the case Of Victor and
Adolph Meyer VS.. w. r. Richards was re-
versed This was an action to recover
*s'3sS. the price paid by plaintiffs to Rich
ards In February, 1889, for thirteen bonds of
dne state OF Louisiana, and which plaintiffs
ueciared were not valid. The bonds the
opinlon says, were fraudulentIy issued by
state treasurer Burke. Until the discovery
OF 1hat TACT the coupons therefrom were
regularly paid by the state Including .hose
OF July !. 1889. and after that time the state
o1ncers declined to continue payments. The
Judgment in the lower court was for de-
!snoant; Justice White says 4 review Of
the authorities governing the sale of ne
Sotiapie paper, transferred without re-
course as between venIer and vendee. af-
nrmatively establishes shat there is no
~cy,tx iy,n
paper. The case Is remandeI with direc
tions to enter judgment FOR plaintiffs for the
amount claimed with interest and costs.
Tax on Estates.
In United States and Ackeriy, executor
OF Merriam, agt. Perkins county treas
urer. Suffolk county, N. Y, involving right
of the state of New York to tax beouests
made to the United States, the law was
affirmed. Merriam bequeathed all his prop
erty IN Suffolk county to the United States.
Inc surrogate assessed a tax of So 964 and
the government and the executor both an
pealed to the state courts. The New York
supreme court sustained the surrogate
Justce Brown said that the United States
was not a corporation exempted by the
state law from taxation in such cases and
that the legislation was only intended to
allow exemptions to such institutions as
the state had created.
The case of the benuest of reoroa w
Cullum of property in New York, amount
Ing to $3.50, 00O. for the maintenance of a
memorial hall at West Point, was also
disposed Of in this opinion.
A motion, submitted on behalf of the
singer Manufacturing Company to stay
the mandate in the case of the Singer
Company agt. the June Company was
granted. and leave given to file a petition
Tor rehearing before the next term
Right to Hunt.
The right of the Bannock Indians to kill
game IN unsettled lands Of their former
reservation in Wyoming was denied. the
court holding that under their treaty the
Indians could not kill game in violation of
the game laws of the state. The title of
the case was Ward, sheriff, agt Race
Horn.
The opinion Of the court below in the
Omaha bridge case was affirmed
LIEUT. GATEWOOD,S RpsvEuv