Evening journal., 1897-05-25
THE SUPREME COURT
Important Cases Heard and De-
cided by That Body.
SOME LAND AND RAILROAD CASES,
one Land Petition Was Made by eN-Nice
President Morton, Who Claimed TO
BE Successor to One Lorenzo In
the Ownership Of "a Tract.


States supreme court on appeal from
.he court of private land claims. One
Of these, in which the opinion was rem
dered by Chief Justice Fuller, involved
the title to the San Miguel del Bado
lard grant including $4,000 acres Of
land I'm New Mexico.
Two cases were included In one de-
cision. one OF these being an appeal by
the United States versus Julian San
doval and the other an appeal by Hon.
Levi Z. Morton versus the United
States.
The original petition was filed in the
case by sandoval. and subsequently an-
other was introduced by Morton, who
asked for confirmation as successor TO
one Lorenzo. Both claim that Marquese
took the title to the entire grant. as the
other 81 were not named in the grant.
The supreme court held that at the
date of the treaty of Guadalupi Hidalgo
neither the settlers nor the town on the
grant could have demanded the legal
title to such lands of the former gov
eminent. and that the court of private
land claims was not empowered to pass
the title to either. remarklng that 1t
was for the political department to deal
with the equitable rights involved. The
decree In the Morton case was there
fore affirmed, while that in the San
doval case was reversed.
Interstate Law Involved.
Another case, involving the interstate
commerce law. was that of E. NJ. Par
sons versus the Chicago and Northwest
ern railway. in which Parsons. an Iowa
shipper, sued for 81 $50 on account Of
alleged determinations in freights on
corn and oats between Iowa and Ne
braslSa points TO the eastern seaboard.
The company In 1887 charged q cents
per 100 pounds from Iowa to Chicago
and n cents from Nebraska to Chicago
On goods bound for New York. Boston,
Philadelphia or Baltimore, and Parsons
claiming that the value of corn and oats
at Chicago was the seaboard price less
the freights. attempted to recover 10
rents per 100 pounds on 24l7i0 pounds.
The court. in the judgment given by
/ Justice Brewer sustains the circuit
court of appeals which decided In IA
vor Of the railroad company. Justice
| Brewer said that there was no aver
ment that the rates were unreasona-
BILE: that Parsons is not seeking TO re-
cover money inequitably taken from
him. but on account of the wrongful
conduct of the company.
Regarding the failure to publish the
tariff, the court held that the Iowa sta
tions We're not competitive points
| with Nebraska. Before a shipper can
recover under the interstate commerce
act he must show not only the wrong
done by the carrier, but that IL operat-
cd 10 his injury, says the court If he
had shipped to New York and beer
charged local rates. he might have re-
covered any excess thereon over through
rates. He did not ship TO New York.
and yet seeks to recover the extra sum
he might have been charged II he had
shipped. Penalties are not recoverable
On mere possibilities"
Determination Charged.
In the case of the interstate commerce.
commission versus the Detroit, Grand
Haven and Milwaukee Railway COM
pany, appealed from the circuit court
of appeals for the Sixth circuit by tht
commission, the decree OF the court be-
low was affirmed; opinion by Justice
Shiras. The case was based upon pc
ution Of Stone & Carten. retail mer-
chants of IOnia. Mich, alleging viola
tions of the interstate commerce act
The interstate commerce commission
sustained the petition, but the courts
did not. The specific charge was tha
the railroad company furnished cartag'
free Of charge TO the merchants o
Grand Rapids and did not furnish sim
liar service to the Ionian merchants.
The court held that "the fourth sec
ton of the act has in view only tn
TRANSFORMATION Of passengers and prop
prtv by rail- and that when the passen
gers and property reached and wer
discharged from the cars at the com
pany's station at Grand Rapids for tn
same charges as those received for sim
liar service at Ionia the duties cas-
upon the company were fulfilled ant
satisfied" Justice Shiras said that
was competent for the commission q
direct by a general order that rail
road companies should thereafter re
gard carriage and include II as such Il
their schedules" In that event, he says
esuch an order might be regarded as
reasonable exercise Of the commission
powers. But we are not persuaded tha
the defendant company has acted i
any intentional disregard Of the sixt
section"
The case Of the United States versu
James C. Reed. involving the liabilit
IF the United States for rent and othe
office expenses for Reed as shippin
commissioner Of the United States =
New York. was decided favorably t
Reed
I'm a decision by Justice Brewer Z
the case Of the Merchants and Manu-
faciurers National bank Of Pittshur
versus the commonwealth of Pennsyl
vania. the court affirmed the validit
I 5f the state law Of 1891 IN respect 10 IN
: taxation Of banks
Escaped Lunatio Recaptured.
Tonawanda. n. Y. May 25.-Wilnai
steinhoff. an escaped lunatic from N