The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-14
SUPREME COURT DECISIONS.
Sailor Bran to Have a New Trial-Im-
pOrtant Irrigation Case.

WASHINGTON, Dec. 13.-In the United
States Supreme Court to-day opinion was
handed down by Justice White in the case
of Thomas Bran, under sentence of death
by the United States Circuit Court for the
Massachusetts district, for the murder of
Capt. Charles /. Nash, of the bark Herbert
Fuller, at sea, in July, 1896. The decision of
the Circuit Court was reversed on the
ground that the lower court erred in admit
ting the testimony of the detective with
whom Bran conversed in Halifax A new
trial was ordered. The vessel on which the
tragedy occurred was bound from New
York to South America and after the crime
was discovered her course was changed and
the first landing made at Halifax. A seaman
named Brown was first arrested by ship
mates, charged with the commission of the
crime, and afterwards, actuated by state
ment of Browns, they also took Bran into
custody.
The decision of the Supreme Court of New
Mexico, in the case of the Springer Land
Association VS.. Patrick p. Ford, was to-day
sustained in an opinion by the United States
Supreme Court, rendered by Chief Justice
Fuller. The question involved was whether
mechanics lien on an irrigation system
covers only the bitches and reservoirs, Cr,
in addition to these, the lands under the
ditch. The court held that the lien applied
to the lands held under the ditch as well as
the ditch itself in this case involving twen-
ty-twO thousand acres. ITO limit the land
on which the lien was given to the strip of
land six feet in width and twenty-sx miles
long, which was actually occupied by the
ditch. and exclude the tract which the ditch
was constructed TO benefit by its continuous
operation would the chief justice said
''be to unreasonably circumscribe the mean
ing of the statute" This decision was based
on an act of the Territory, and in render
ing his opinion the chief justice said that
adjudication would depend necessarily upon
the local statutes Of different States and
territories and to the variance IN their DeiI
conform.
Justice Brewer handed down the opinion
Land and Lumber Company plaintiff in err
ror, VS.. Charles A. Rust. The case involved
the question of the power of the secretary
of the interior over the identification of the
lar1 is under the swamp lands act of 1850,
and the penalty Of his action in approving
and certifying to the Governor of the State
a list of such lands. The case was one of
ejectment and it came to this court from
the United States Circuit Court of Appeals,
was favorable to Rust, and that decision
preme Court. 1t was held in brief. that the
Governor, in accepting list of swamp
lands in Michigan after former list had
been furnished and found to be erroneous,
had forfeited the right to claim, under the
first list. and that the amendment TO the
swamp land act of 1857 did not alter the
situation
Hon Thomas G. Catchings representing
the attorney general of California, entered
a motion to dismiss or affirm the opinion of
of California in the case of Joseph D. Eu-
banks Eubanks is under sentence of death
for murder, and he appeals from decision
refusing him a write OF habeas corpus.
The case of the Boyden Power Brake
Company VS.. the Westinghouse Company
was restored to the document for reargu-
ment and assigned to the first Monday in
March. This Will make the third hearing in
the case.
The Supreme Court will take a recess
next Monday for the Christmas holidays
resuming it's sittings again on Monday, the
Sd of January.
The retirement of Justice Field has made
necessary the new assignment of Justice
Brewer to the ninth circuit in addition to
his duties in the eighth circuit. The as
signment was announced from the bench
by Chief Justice Fuller to-day.