Omaha daily bee., 1896-03-03

the laws OF that state its road owes its exist
cuce 70 the national government. for all tha
was accomplished was IN the exercise o
privileges granted by and because Of the ait
derived from the United states
4 brief argument Is then entered upor
TO show that the Central Pacific accepted
the conditions imposed by the government
aud to show that national aid was neces
sary to its construction of the line. thus plac
irg Il also In this respect on the same foot
ing as the Union Pacific. The opinion con-
cludcs as follows:
"The relations between the California cor.
poration and the state were OF no concern
to the national government at the time the
purpose was formed to establish great
highway across the continent for govern
mental and public use. Congress chose this
existing artificial being as an insttumen-
talty to accomplish national ends and the
relatiurS between the United States and
that corporation ought TO be determined by
the enactments which established those rela-
tions. and IL these cnactments do not eX-
presSy, nor by implications, subject the
stockholders of such corporations to liability
for Ito debts. IL Is to be presumed that con-
gress intended to waive its right to impose
any such liability. The views we have cX-
pressed render 1t unnecessary to consider
any other question in the case. We are Of
the opinion that the bill filed by the United
States was properly dismissed, and that the
such dismissal was correct The judgment
is therefore affirmed"
Justice Gray declared the opinion of the
court in the case of Mrs. Amanda w
France against John w. Connor and W. r.
Brown. The case came to the United States
supreme court from the Wyoming supreme
court and involved the question as to
whether the right Of dover conferred by the
Edmunds act upon widows in Utah applied
to other territories. The Wyoming court
decided that it did not and Justice Gray's
decision confirmed that view.
Chief Justice Fuller handed down the
decision of the supreme court to-
day in the Nogales land grant
case from Southern Arizona He did not
90 into the general merits of the case. but
affirmed the decision of the court of private
land claims on .he ground that the court
had no jurisdiction as the grant had not
been located at the time of the Gadsden
treaty
Justice Brewer rendered the decision of the
supreme court today in the case of Samuel
Marks against the United States and Ban
mock Indians, involving claim for Indian
depredations. The decision involved the con-
struction of the part of the statute of 1891
concerning depredations committed by In
disns in 'amity" with the United States.
Tho case was appealed from the decision of
the court Of claims when it was held that the
words 'in amity' mean a state of actual
pedCe anu Wuel ho nostiitleS are III pFOSreSS
The supreme court took the same view, af-
flrming the decision of the court below The
case is a test one and the decision is favor
able to the United States
Justice White announced the decision of
the court in the Emira Savings bank ease
This case was brought to the supreme court
on writ of error from the New York state
court of appeals by Mr.. Charles Davis, receiver
Of the Elmira National bank The question in
volved was whether the deposits of a savings
bank in a failed national bank could be
given preference over other deposits, in ac-
cordance with state law. 1t was decided
against the state law, giving preference to
savings bank deposits. and putting them on
the same footing as other deposits. Decision
of the court below reversed.