New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
THEIRRIGATION CASE CLOSED
JOSEPH II. CHOATE AND EX-JUDGE Dill
LON MAKE THE FINAL ARGUMENTS.

A BIG CROWD IN ATTENDANCE-JUSTICE PECK
HAM HANDS DOWN HIS MAIDEN DECISION.
Washington Jan 27.-Another immense crowd con-
grega:ed about the doors Of the Supreme Court Of
the United States this morning. attracted by the
prospect OF hearing Joseph H. Choate conclude the
argument against the Wright Irrigation law OF Cali
forna Before he resumed his address TO the Court.
which was begun on Friday afternoon. considerable
routine business was transacted. Mr.. Justice Peck
ham announced his maiden opinion. In the cases
growing out of the effort by Congress TO take posses
sion OF certain tracts of land adjacent TO ana part OF
the Gettysburg Battlefield Park claimed by The cleo
ric railway company whose line was laid on the ter
ritory In question The proceedings TO condemn were
begun under authority Of an act of Congress appro
pratAg money to pay for the ground. but Judge
Dallas of the Circuit. decided that the law was I'M
constitutional Judge Butler. OF the District. In a
dissenting opinion, said
In my Judgment this Is a legitimate public use Of
the and The battle was great lesson IN military
science the greatest ever taught on TINS conu'em,
at least--a most important Illustration IN strategy
and appreciated hereafter /; is necessary TO do Just
what is propUscd-preserve the batueheId IN us or
tg.na condition. mark the positions and movements
OF the troops and the different arms Of the service at
the various stages of the battle so that IT may De
fought The Government proposes to perpetua,e
each to those who at present constitute it, armies
as well Il those who will hereafter constltnte
them In my judgment. this Is a legitimate purpose
and n can only be accomplished by taking the land
The power 10 take It is. ! believe, embraced IN the
power 10 maintain armies and teach them military
science.
Justice Peckham announced that the Supreme
Court had decided sustain Judge Buffers view o.
the Law that 1t was constitutional. and therefore
Judge Dallas's judgment would be reversed and
new trial granted.
Justice Peckham also announced the decision OF
the Court in the case Of the First National Bank,
of Garrett KAN against tax officers OF Anderson
County that the tax assessed against the pahk OF
which II sought to enjon the collection was proper
and the Judgment OF the Supreme Court or hahsas
In favor OF the tax affirmed.
The Judgment OF the Circuit Court FOR the SCUM
ern District Of New-York In the case OF Lew Rosen
was affirmed in opinion announced by justice
Harlan Rosen convicted ana sentenced 10 thlr.
teen months Imprisonment for mailing copies or
as a violation of the statute forbiddng the mailing
OF obscene publications. Justices Shras and White
llssented
Chief Justice Fuller announced that. owing 10 the
upon the Court. the usual February recess
from the first Monday in that month until the nrst
Monday in March. would not begin until the lst OF
assigned cases now under consideration had been
disposed Of. probably not until Tuesday OF next
week. =,
After further routine announcements. MI Cnoate
resumed the argument In the irrigation cases, he
and ex-Judge Dillon. for the law. occupying the
entire afternoons session. Tomorrow the celebrated
stanford case will come up. Mr.. Choate appearing
for the widow of the late Senator. The Government
viii be represented by Soliciior-Gen Conrad and
Assistant Attorney General Dickinson