The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-01
SUPREME COURT DECISIONS.
Ruling Against Federal -EmplOye
Who Grabbed Land in oklahoma.


WASHINGTON, Feb 2S.-The United
States Supreme Court to-day 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 deputy United States
marshal III Oklahoma and on the ground
when the lands of that territory were
thrown open to settlement. He took adj
vantage of this opportunity to locate tract
of land. The secretary of the interior re-
fused TO issue patent on the ground that
Mr.. Payne could not, with propriety, take
advantage of his official position to make a
location, and that therefor his location was
illegally made. ''Manfestly," said Justice
White in deciding the case, Congress did
not intend that oQe 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 a private
individual and actual settler and make Sc
lection of homestead, thus clearly securing
an advantage over those who remained out
side of the territory until the arrival of the
time when they might lawfully enter"
The court also decided controversy over
bequest of property to the Smithsonian
Institution, and in doing so decided a mooted
point over the right of a husband to de-
wise property held as trust in his wife's
name In this case Robert S. Avery, or
Washington, after giving in his will 81 ,V1
to the relatives of his wife, whose death had
occurred before his. left the residue of his
property to the Smithsonian Institution for
the establishment of fund for the promo
ton of knowledge in regard ito to p pn%ne14
was lot of land in Washington in Mrs.
Averys name, and the will was attacked on
the ground that he could not dispose OF
property whose title was in his wifes name.
The court in the opinion handed down to-
day did not sustain this view but held that
where it was clear that the title was placed
in the wife a trust, even though the
agreement was a verbal one, the husband
did not lose control of it, and could himself
bequeath it,. whereas in this case he sur
vived his wife. One of the provisions of the
will was to the effect that if the bequest to
the Smithsonian Institution was attacked by
the other benefciaries they should thus for
felt the bounty intended for them. me
court also pronounced this part of the Will
valid The decision of the District of CO.
lumbia Court Of Appeals was adverse to the
Smithsonian institution, and was reversed
by to-day'S opinion.
An opinion was handed down in the case
of Z. f. Holden VS.. the sheriff of Salt Lake
county, Utah, involving the constitutionahty
of the territorial law fixing days work III
smelters and mines in the Territory at eight
hours. Holden was arrested for violating
the law and sentenced to Imprisonment for
preme Court in an effort to secure writ of
error on the ground that the law was I'M
constitutional in that it was calculated to
deprive a citizen of life or property without
due process or law. The court held that
such was not the case, but that the law was
an exercise of the states police powers.
Justice Brown said in passing upon the case
that it was not the intention of the court to
pass generally upon the conStitutionahty of
eight hour laws, but that in so far as state
laws were exerted for the protection of the
lives, the health or the morals of a COM
| ....tal6 he moi
propriety or of their constitutionalty. There
could be no doubt of the exceptional and
unhealthful character of the work in smell
| tiers or mines because of bad air, high tenn
| perature and noxious gases and hence the
| wisdom of the state legislation. The de-
| affirmed in to-day's opinion.