Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-02-28

could do SO in writing.
IN THE SUPREME COURT.
Decisions Of Interest Announced
To-day.
Tie United States Supreme Court today
decided controversy over q bequest of
property to the Smithsonian Institution and
In doing so decided a mooted point over the
right of husband to devise property held
as trust I'm his wife's name. In this case
Robert s. Avery Of Washington. after CIV
ing in his will $1,000 to the relatives of his
wife, whose death had occurred before his,
left the residue of his property to the
Smithsonian for the establishment of q
fund for the promotion Of knowledge In
regard to phonetic type. The principal part
OF this property was lot of land IN Wash
iigtOn In Mrs. Avery's name, and the will
was attacked on the ground that he could
not dispose of property whose title was in
his wife's name.
The court, i'm the opinion handed down To-
day. did not sustain this view. but held that
where 1t was Clear that the title was placed
In the Wife as a trust even though the
agreement was verbal one. the husband
d1d not lose control of 1T, and could him self
bequeath whereas in this case he survived
his wife. One Of the provisions of the will
was to the effect that If the bequest to the
Smithsonian was attacked by the other ben
eficaries they should thus forfeit the
bounty intended for them
Inc court also pronounced this part Of the
VIII valid. The decision of the District of
columbia Court Of Appeals was adverse to
the Smithsonian and was reversed by to-
days opinion.
In the case of the Smithsonian Institu-
ton agt. Levi w. Mech. the Supreme
Court Of the United States today reversed
the decision of the Court of Appeals of the
nd md fho
case to that court
In the cases of Dodge ct al. agt Stras-
burger and Magruder agt. Belt the court
denied the petitions or Writs Of certiorrari to
remove the case to the Supreme Court of
the United States from the Court of Ap-
peais OF the District of Columbia.
The Eight-Hour Law.
In the Supreme Court today an opinion
was handed down I'm the case of E. F. Hol-
den agt. the sheriff of Salt Lake county,
Utah, involving the constitutionality of tho
territorial law fixing a days work in
smeiters and mines in the territory at
eight hours. Holden was arrested for vio-
lating the law and sentenced to imprisoe.-
ment for the offense. He brought the case
TO the Supreme Court I'm an effort to secure
writ of error on the ground that the Law
was unconstitutional in that it was calcu-
lated to deprive citizen of life or prop.
erty without due process of law Tho
court held that such was not the case, but
that the law was exercise of the state
police powers Justice Brown said in pass.
ing upon the case that it was not the in
tention OF the court to pass generally upon
the constitntionality of eight-hour laws,
put That in SO far as state laws were ex-
erted for the protection of the lives tho
health or the morals Of community there
could be no doubt of their propriety or of
their constitutionality. There could be no
doubt of the exceptional and unhealthfu,
character Of work In smeiters or mnes
because of bad air. high temperature and
noxious gases. and hence the wisdom Of
the state legislation. ut
The decision of the supreme court -ol
Utah was affirmed in today's opinion.
Cannot Use Omcinl Position.
The Supreme Court today decided that a
United States official could not take adj
vantage of his office to secure advantage
over others in the Location. of government
land. The opinion was rendered by Justice
White and was given in the case of RAN
som Payne, who was a deputy United
States marshal in Oklahoma and on the
ground when the lands CO that territory
were thrown open 10 settlement. He took
advantage Of this opportunity to locate a
tract of land.
The Secretary OF the Interior refused to
issue patent on the Glvund that Mr..
Payne could not with propriety take adj
vantage of his official position to make a
location, and that therefore his location
was illegally made.
'Manifestly.'' said Justice White, in de-
Gliding the case, Congress did not intend
that one authorized to enter the territory
In advance Of the general public, solely for
the purpose of performing official duties,
should be at liberty Immediately upon his
arrival to assume the status of 4 private
Individual and actual settler and make Sc
lection OF a homestead, thus clearly secur-
ing an advantage over .hose who remain I'd
outside of the territory Until the arrival of
the time when they nliGnt lawfully enter"
Rights of a Foreign Minister.
Justice White rendered an opinion in the
United States Supreme Court today in the
case of the United States against L. A.
Eaton. The case involved the question of
the right of United States minister to
foreign court to designate substitute In
his enforced absence from his post of duty
In this case Eaton served as minister,
resident and consul general of the United
States at Bangkok, Siam, from July, 1892
to May 1893, during the absence and upon
the designation of the minister, s. H.
Boyd, who was compelled to be absent on
account of illness. The Treasury Depart
ment refuses to pay Mr.. Eaton the salary
of minister and consul general and also to
allow him certain fees charged In the
Zens who died In Bangkok during Mr..
EatOn's service.
The court of claims held that Eaton was
entitled to both the salary and to the fees
in this case.
The opinion rendered today affirmed this
opinion as to the right to the salary. bat
modified 1t to the extent Of disallowing the
consular fees, which. Justice White said
were clearly official and should have been
covered into the treasury.