The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-01
FEDERAL SUPREME COURT.
Blythe VIII COntest-Writs of CertiO-
rnri in ~Imnnrtant Cases.

WASHINGTON. April 80. = The famous
California Blythe will case occupied the
attention of the Supreme Court for five
minutes to-day. f. u. McKenny, a Wash
ington attorney, made a motion in behalf of
Mrs. Hinckley, the natural daughter of the
millionaire, who was awarded his estate
by the California courts, for leave to docket
the case and file the record to enable the
attorneys for Mrs. Hinckley to make a mo-
ton on May 10 for the dismissal of the
case. Mr.. McKenny stated that the appeal
had been taken by the other claimants
merely with the hope of inducing Mrs.
Hinckley to make a promise for the sake
of securing possession of the property.
Chief Justice Fuller told Mr.. McKenny to
appear on May 10 with the in
the case and the court would consider the
The Supreme Court to-day denied an ap-
plication for a writ of certlOrari in the
case of the A~nglo-California Bank VS.. the
secretary of the treasury, which involves
the interesting question of the right of the
government TO collect duty on imported
merchandise withdrawn for at
the rates fixed by a tariff act which had
been repealed. In 1887 the bank imported
for the Oregon Pacific Railroad Company a
large consignment of steel rails, which were
kept in bond for the legal period of three
years, and, a part of the lot being with
drawn, the remainder was kept until March,
1895, under orders by the secretary of the
treasury, at the risk of the purchaser, to
be Withdrawn on payment of all the
charges. Two tariff acts meantime had been
enacted reducing the duty on rails, so that
it was then $7.S4 IL ton, and the secretary
imposed the rate of the tariff of 1SS3-$1S. 70
a ton-on the rails. The importer commended
hat the duty of the Wilson act only should
be paid and was sustained by the Board
of General Appraisers. The Circuit Court
and Court of Appeals Endorsed the secretary
of the treasury, however, and the Supreme
Court to-day refused the motion for a writ,
thus sustaining the secretary's position.
The court granted an application for a
writ of certiorari in the case of the United
States, appellant, VS.. the RoeSsler q Hass-
lacher Chemical Company, which involves
the question whether the classification of
an article for tariff purposes is settled upon
the passage of the act, or becomes changed
by subsequent changes in the use of the ar
ticle. JImportations of acetanila made in
1893 are the bone of contention, as this prep
aratiop of coal tar was used for medicinal
purposes when classified in the tariff of
1893, but afterward was used for dye stuff.
The Circuit Court of Appeals decided that
1t should be dutiable as a medicinal prepa-
ration at 20 per cent. ad valorem, instead
of as a preparation of coal tar not specially
provided for by the act, on which the rate
was 20 per cent.
The Supreme Court adjourned to-day until
May 10, when it will assemble to deliver
opinions, but not to hear arguments. The
application for a writ of error in the case
of John Gibson against the State of Mis-
siSsippi was denied to-day. Gibson is under
sentence of death.