New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-01
crpREME COURT DECISIONS.
,rr IN NEBRASKA MAXIMUM
rRE1GHT-RATE CASE MODIFIED.
,,,noxrNr FOR THE UNITED STATES IN AN
.rAsKAN SEAL FISHERIES CASE

oo ,ha motion OF the Attorney General OF Ne
80. Cor modification Of the decree In the Ne
o o.s maximum freight-rate case. The motion
0'AS, 80 srrke out the words land below those now
wa. d nv said companies and also the words
oa s ar,iculariy from reducing its present rates
harees for transportation OF freight to these
ssr,ed in said act, in the case Of smyth against
ss.,ytb In granting the application to eliminate
the Cour; said
VI, ~ general question argued before us on the
Ins os hearing was whether the rates established
or The Nebraska statute looking at mem as al.
tn.Treeiiroad companies from earning such compen-
.on would be Just h sna tS See oompane 80 '
rsn OF that question II was appropriate
and Companies under the establsh?
Iie ppSem looking at such rates as an entirety we
dd mo- 20 adudge that the railroad companies should
cree CRY, at any time in the future II they saw proper,
reducs at the time the final DEGREES were rem
sfsd nor tina. the state board OF TrsnlspoTra1n
snoThaow the which the companies were chare-
articles when the decT ss wtTs
ntasonabeness Of the rates en- any paruEuadI
arcs, II the State should by statute through
bpnsri OF Transportation prescribe new sched-
NE Of ,aKtns into consderation the rights of tho
rs nse as we'll the rights OF carriers are con
q sourse the reasonabeness Of schedule OF rates
o. he determined by the facts as they exist
ssn such schedule IS put in force
Alaskan seal nshede. question was thrashed
ovsr IN a reversal OF the Judgment OF the Circuit
Court Of Appeals for the 1Id Circuit IN .he oAs'
=, the North American Commercial COMPANY
,.,n.n In error against the United States Inc
surname Court In reversing tho lower Judgment
remands the with a direction to enter JUG
ment in favor OF the United States for So.os' Win
interest from April l. 1894. and TO enter Juoenen'
IN favor Of the United States In the coun' er-cia'
The action was brought by the Government to re-
covsr sl321s7 with interest. for rent reserved TOT
the year ending April l. 1894. under so-caneu
lease made by the Treasury Department. 10 .ho
company and for royalties on 1900 fur sea- skiis
taken and shipped by the company thereunder. ana
for the revenue tax Of 81 on each skin Inc Coui'
s.vs that when the number OF seals that might De
killed was limited by the Government OF us "seh'
the company entitled 10 such reduction On '.io
rental reserved might be proper. ana 'ha' INC
rule would be a reduction In tho same proporioh
as the number OF skins permitted TO be TAKEN Uo.o
% the maximum This would reduce the total 10
the amount allowed. The company Aso
claimed a Government Liability TO II In oailases
of s2S7 725 for skins It could nave take" "'"oN
injury TO the seal herd but which II was pre'eh.e"
from taking bv the United States. which contention
,h,s Court holds cannot be maintained inc sea-
fisheries Of the Pribylof Islands. tho Court says
we're a branch OF commerce. and their resoia''on
involved exercise Of power as a sovereign ho' Us
mere proprietor.
The opinion OF the court below was reversed IN
the case Of the Pullman Palace Car company
against the Central Transportation Company. rms
case involved property amounting to about S4'v''-
0Oo passed over to the Pullman company oy the
other company under a lease made IN 4SV' inc
lease TO for ninety nine years ana ''ie ie'."'
TO be $4,000 a year The Circuit Court lot 'he
Eastern District OF Pennsylvania gave judgment
for s4zSO44 This judgment was reversed by to-
DAYS opinion. and the court below was instructed
20 enter a Judgment for s727.&6 with interest from
1855 when the lease cancelled. instead OF the
amount as originally granted. The opinion was
rendered by Justice Peckhain. who SAID:
Altbouhe the Central company may have been IN
ured By The result of the lease yet that rs o. he
RUE Of law. which declares void lease Of such "a
incurred any moral guilt It has nevertheless. VIC,
iatsd the law by making an illegal contract and
take such consequences as result therefrom.
The Judgment is for the value of tho Central
company's property 1885. and $1,000 In cash ad,
yaneed by the company. Justices Harlan end
White dssented.
Justice Harlan handed down the opinion Of tho
Court in the cases of A. B. White. Collector Of In
ternal Revenue for the District OF West Virginia.
against Berry, Butler & Ruckman. appealed from
the Circuit Court OF the United States for west VIZ
gina The appcllees gaugers and siorekeep-
ers at the H&nnis distilery in West virginia. ana
Collector White. who was appointed by President
Mckinley announced his purpose TO remove them
and appoint Republicans TO their places Tney re-
sisted removal on the ground that they were en-
ployed under the Civil Service law they could not
be removed except for cause shown and proved
In the West Virginia Circuit Court an order was
issued sustaining the appelees and restraining ana
inhibtng White from In any wise interfering with
the plaintiffs In the possession OF their once ana
the Discharge OF their dut,es 1t contended On
behalf OF the Government that the Circuit Court
sitting in equity It did in the case. was without
Jurisdiction TO entertain the suit Tho opinion TO-
day accepts this view OF the matter. and reverses
Circuit Court and does not therefore enter upon
the merits OF tho various questions inVoNeo' 'uS
tice Harlan said:
IL the assignment Of some one 10 duty as gauger
at tho Hanns dist.lery IN the place OF the platinum
equity ought not TO assume control the discretion
wIica the Executive Department has IN an Yer
Interference by the Judicial Department Wouiu .au
the utmost confusion Ia the management ol "a
ecutye affairs.
An opinion was rendered in tho case Of Marianne
J. Badly against John II. Hunter. administrator
Affirming the validity Of investments In Confederate
bonds during the Civil War. Justice Harlan SAID;
The transactions between persons actuaiiy reslu-
s "1thih the territory were NO, Invalid for
The only that they occurred unoer inc san
government recognizing It's authority. The preser-
walton OF order, the maintenance or ponce .
tons tho prosecu,ion OF crimes. the protection or
property the enforcement OF contracts. the ceeba-
i!oa O.. marriages. the settlement OF estates tle
transfer and descent Of property and similar or KIN
ered subjects were during the war under the con-
uo Of the local governments constituting inc 60
called Confederate States What occurred or was
done in respect OF matters under the authority
Of the laws OF these local de facio governments
SHOULD be dsresarded or held Invalid merely , pc
cause the governments were ORGANIZED IN hostii.,y
10 the Union established by the National Consutu-
ZION. because the existence OF the war ala NOT re-
eve those within insurrectioDary lines from the
necessity o. civil obedience nor destroy tho bohaS
of society.
The case came 10 this court on writ or error
fs0m ths Supreme Court OF Georgia. and the opinion
=" nat court was affirmed.