Evening star., 1898-01-04
SUPREME COURT DECISIONS
Gases OF Interest TO Varfous scc,tor.
of ti.e CGUutry

OF tne Country.
Nearly all the cases on the United States
supreme Court docket involving title ia
private land grants in the territory of Ari.
zona were yesterday reassgned to be heard
on the first Monday in March The appl-
cauon was made on behalf Of the claimants
py Mr- James Carter. who stated their de-
sHe 10 nave these cases heard by a full
bench, and especially to have them DELAYED
until Attorney General McKenna could take
MS seat as member of the court as Mr.
Mchenna is from the Pacific coast and IS
laf'lIlar with the questions involved
The appeal of Saltoa d. worden from
the decision of the circuit court for the
northern district of California. DENYING hin,
writ OF habeas corpus, was dismissed.
Norden was one of the railroad rioters I'm
California in the summer of 1so5 and u,.s
charged with being responsible for the
9eatn oil railroad engineer, caused by the
derailing of a train.
Justice Peckham TODAY handed .,oxr,
the opinion of the court in reply 10 s,uss-
uons certihed to the court from the Unsted
states circuit court of appeals for the
eighth circuit. in the case of Edwin H. Nc
others.
The case involves the right of the state
and county authorities of North Dakota TO
tax the lands embraced in the government
company. Three questions. to which the
court made reply, We're as follows:
~ was II the purpose OF chapter 80 of
the laws of Dakota for 1883 to exempt from
taxation the land grant of the Northern
Pacific which are outside of its right OF
way and are not shown to be used I'm its
business as a common carrier?
% III such was the purpose of the act,
was the act void in whole or in part as
transgressing the limitations placed upon
the power OF territorial legislature?
90 Conceding the lands in controversy
to have been subject to taxation for 1855
were the appellants. by reason of any of
the alleged irregularities or defects in the
mode OF assessment, entitled to equitable
reiiei without hrst Offering to pay the taxes
properly chargeabe against said lands?'
The first and third of these questions
were answered in the affirmative and the
second In the negative.
Chief Justice Fuller delivered the opinion
of the court in the case of the United
states, appellants, against Frederick S.
PaSsaVant ct al. in reply to the following
questions, certified from the United s.ates
circuit court of appeals for the second cir
cult:
1. In proceedings brought before the
board of general appraisers by protests un-
der section IA of the act of June TO- 1880
to review the collectors decisions upon the
entries in this case, had the board iuris-
diction to inquire into and impeach the duti-
able valuation so reported to the collector
by the appraiser, and upon which the col
lector assessed the rate of duty to which
the merchandise was lawfully subject?
2. If the first question is answered in
the affirmative, was the German duty law
fully included by the appraiser in his esti-
mate of dutiable value?
Both questions were answered in the af-
frmative.
The article involved in the controversy
was lot OF cotton velvets imported into
the United States from Germany where It
had been in bond.
The court in an opinion by Justice White
affirmed the decision of the United States
circuit court for the western district of
Texas In the case of the Pennsylvania Mu-
tual Life Insurance Company against the
city OF Austin, Texas. In this case the in
surance company sought to enjoin the city
from the operation of water works built
by the corporation at a cost of 81 400 OOO
on the ground that the insurance company
had prior contract to construct the works
The court did not go into the merits Of the
case. but decided against the company, be-
cause of its laches. There had been no ef-
fort, said to prevent the construction of
the works or to in any way interfere with
the city until they were in readiness for
operation. The court held that the EFFORT
then made was inaugurated at too late a
date to become effective.
Justice White handed down an opinion in
the case of Rafael Maria Del Castillo
against w. L. McConnico. The case in
volNe | the tax title to a block of land in
New Orleans, which had been owned by
Castillo. The land was sold and Gastric
sought to overthrow the sale because the
feminine pronoun her" was used instead
roll in referring to him. The decision in
the court below was against Castillo and
this decision was affirmed on the ground
that the court had no jurisdiction.