Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1897-05-28
IMPORTANT LAND CASES
TITLES TO SEVERAL TRACTS IN
NEW MEXICO INVOLVED.
san Higuel del DndO Grant and the
smnuvval Cases Decided Against
the United states.

WASHINGTON May 25.-Several important
cases were decided by the United states
supreme court on appeal from the court
OF private land claims. One OF these IN
which an opinion was rendered by Chief
Justice Fuller. involved title to the San
Miguel del Bado land grant. including 3lo,-
900 acres. in New Mexico. Two cases were
included in the decision. one being an APP
peal by the United States VS.. Julian San
doval. and the other an appeal by Levi +.
Morton VS.. the United States. The dects-
ion in the latter case was favorable to
Morton. and in the former in favor Of
Sandoval. and therefore against the Unit
ed States in both instances.
The court affirmed the decision of the
court of private land claims in the case
of the Chama Spanish land grant. invOlv-
ing title to Az. 1853 acres in Rio Ariba coun-
ty. New Mexico. The decision of the court
OF private lands was favorable to the con-
tention of the government and is sus-
tanned.
The supreme court refuses to reverse
the decision of the United States circuit
court of appeals for the Eighth circuit in
the case of Daniel II. Garfield VS.. the
United States. Camtield and William Dru-
ry were charged with enclosing in fence
10000 acres of the public domain in Colo
RADIO. They were ordered TO remove the
appears that they purchased odd sections
of land from the Union Pacific Railroad
Company. and enclosing their land prac
tically fenced the government land as
well. The decisions of the courts below
were against the claims. Justice Brown
held them valid.
The court, in an opinion by Justice
Brown. reversed the opinion of the court
of private land claims in the case of Joel
. Whitney q n.
volving title to 100000 acres in New Mex
leo. Difficulty in dealing with the case
was found in the fact that there was
doubt as to the location of the north and
west boundaries. The court decided that
the holding of the court below as to the
northern boundary line was correct. but
the western boundary was not. 1t was on
this account the case was reversed. The
reversal was on comparatively unim-
portant point. and the tract is materially
reduced by the decision.
Liability of STOCK holders.
The question whether the statutes re-
lating to national banks. prohibiting them
from purchasing or subscribing to the
stock of other corporations. can be urged
by banks to defeat an attempt to enforce
the liability of stockholders, was passed
on by the supreme court today in the case
of the California National bank. plaintiff
in error. VS.. Nat Kennedy. 1t was held
that the California National bank of San
Diego held $50 shares of stock of the Cali
fornia Savings bank. the former having
suspended November II. 1891. and the lat
ter December %. 1891. The superior court
OF San Diego county held that the national
bank was responsible to the creditors of
the savings bank to the amount of $1S,5O7
the former making the defense indicat ted
above.
The court holds a national bank has no
right to deal in stocks. although it may
accept them securities and it may
plead it's want of power as defense in a
i case like the one in question. The trans.
action in stock of the savings bank Is
held to have been void. and the Judgment
of the supreme court of California against
the national bank is reversed.
Other Decisions.
I The case of Blythe VS.. Hinckley. involv-
ing the estate of the late millionaire
Blythe of California, was dismissed for
want of jurisdiction. The effect Is to leave
the property in possession of Mrs. Hinck.
ley. daughter of the millionaire.
The expected decision of the court ir
what Is known as the Nebraska maximum
freight rate case was not rendered today
and as the court adjourned for the term q
decision can not be announced before mex
autumn.