New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-01
SUPREME COURT DECISIONS.
MINISTER MAY DESIGNATE A TEMPORARY SUB
sTIrUTD-UTAH EIGHT-HoUR LAW UPHELD.

Washington. Feb @.-Justice White rendered
an opinion In the United States Supreme Court to-
day In the case Of the United States against +. A.
Eaton. The involved the question Of the right
OF a United States Minister to d foreign cour. 10
designate substitute in his enforced absence from
his post Of duty. Mr.. Eaten served as Minister
resident and Consul General Of the United States
~ Bangkok, Siam, from July. 1892 to May 1893.
during the absence and on the designation OF the
Minister. 5. II. Boyd, who compelled to be abb
sent Oh account of Illness The Treasury Depart
mont refused TO pay Mr.. Eaton the salary OF Min
lister and Consul-Gcneral ana also TO allow him
certain fees charged in the settlement of an estate
OF an american citizen who died in Bangkok dur
ing Mr.. Eatons service. The Court OF Claims held
that Eaton was entitled the Sd AIRY and the fees
The opinion rendered to-day affirmed this opinion
ar 20 me salary, but modified It 10 the extent OF
daailowing the sular fees which, Justice White
SAD were clearly official and should have been COW
y, An opinion was handed down In the case Of f. r
Utah. involving the consitutionsty Of the Terri
toiIaI Jaw HXlrg q day work In shelters and
arrested for violating the law and sentenced to i'm
prisonment. lie brought the 10 tho Supreme
ground that the law was unconstitutional as cal
cuiated to deprive citizen OF life or property with
was not the case. but that the law was an exercise
or the States police powers Justice Brown said
generally on the constitutonality OF eight-hour
avs but mat. in so far as State laws were In
or the morals OF community. there could be
doubt OF their proprety or consttutionaity. There
fu character OF work in smelters or mines because
Of bad air high temperature and noxious gases and
cision Of the Supreme Court of Utah affirmed.
The Court decided that United States official
could not take advantage OF his office
adyantage over others In the location, Of Govern
White. and was given in the case Of Ransom
Payne who Deputy United States Marshal
in Oklahoma, and on the ground when the lands
OF that Territory were thrown open 10 settlement.
tract OF land. The Secretary Of The Interior re-
fused 20 Issue a patent on the ground that Mr.
Payne could not with propricty take advantage OF
therefore his location was illegally made. Mani
testify" said Justice White IN deciding the case.
Ter the Ierritory IN advance OF the general public
sololy for the purpose Of performing official duties
should be at liberty Immediately upon his arrival
TO assume the status OF private Individual and
actual settler and make selection Of a homestead,
thus clearly securing an Advantage over those who
remained outside OF the Territory until the arrival
o, the time when they might lawfully enter"
The Court decided a controversy bequest
Of property to the Smithsonian Institution and In
doing so decided a mooted point over the right OF
husband TO devise property held trust I'm his
wife's name. In this case Robert 5. Avery, Of
relatives OF mis- Wife whose death mad occurred be-
fore his. left the remainder OF his property tho
Smithsonian for the establishment Of fund for
the promotion OF knowledge in regard 10 phonetic
OF land In washington in Mrs Avery's name. and
not dispose Of property whose tito In his
wfe's name. The Court in tho opinion handed
down to-day did not sustain this view. but held
that where II clear that the title placed
In the wife as trust even though the agreement
OF Il and could himself bequeath It. where in this
case. ne survived MS wife One OF the provisions
Of the viii was TO the effect that II the beques to
hciares they should forfeit the bounty Intended
for them. The Court also pronounced this part OF
lumbla Court Of Appeals was adverse the Smith
sonian. and was reversed b. to-days opinion.