Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-01
SUPREME COURT DECISIONS
Rights Of the North American Commercial
Company.
What Is Manufactured Article
Land Grant Cnses-Invcstmcnt
in Confederate Bonds

prem" Court yesterday in the case of the
North American Commercial Company,
plaintiff in error. against the United States
The Supreme Court in reversing the lower
Judgment remands the cause with di-
TectiOn to enter judgment in favor of the
United States for S1G.5ST. with interest
from April 1. 1894. and to enter judgment
in favor of the United States in the coun-
ter claim. The action was brought by the
government To recover $1321SI, with inter
est for rent reserved for the year ending
April 1. 1884. under n so-called lease made
by the Treasury Department to this COM
pany and for royalties on 900 fur seal
skins taken and shipped by the company
hereunder and for the revenue tax of 81
on each skin. The court SAYS that when
the number of seals that might be killed
was limited by the government or its agent
the company was entitled to such reduc-
ton ON the rental reserved as might be
proper, and that the rule would be re-
duction in the same proportion as the num-
Der Of skins permitted to be taken bore to
the maximum. This would reduce the total
to the amount row allowed. The company
also claimed a government liability to it in
damages of S2SI.l25 for skins it could have
taken without injury to the seal herd. but
which it was prevented from taking by the
United States, which contention. the Su-
preme Court holds. cannot be maintained
Private Land Grant Cases.
Five private land grant cases were de-
cided in the United States Supreme Court
yesterday. the cases being those of Santi-
ago Ainsa. Juan Pedro Cannon. DIR. Perrin.
Frederick Maish and William Faxon. the
decision in the Faxon case was rendered
by Chief Justice Fuller and in the other
four by Justice Brewer. The Ainsa case
involved the SOnOita grant in Arizona.
which was made in 1871 by the states of
Sonora and Sinalva- The decision of the
court of private land claims was against
the grant. but the Supreme Court reversed
that decision. affirming the validity of the
grant. but reducing its area. The Cannon
case involved the San Rafael del Vale
grant in COchise county. Arizona. This
was grant by the state of Sonora and il
was also confirmed, reversing the court of
private land claims. There was also re-
Versal in the case of the Perrin grant, in
which the decision in the court below
for the government. In the Maish case the
grant was confirmed to the extent of the
four pieces purchased, but as it was con-
hrme.l by the lower court for the full guam
tity Of land claimed. it was also reversed.
In the case of the Faxon suit the decision
of the court of private land claims was
affirmed This case involved the Tumacca-
eori grant in Pima county. Arizona. and the
decision was favorable to the government.
ship Owners Rights.
In the case of Flint. Eddy & Co. appel
Snts. against George Christan and James
Greig. trustees. appellees. from the United
ctfSttS tlItull COURT vi appears lOE the sec
ond circuit. the court held that where a
vessel. seaworthy at the outset, is after
ward stranded by the negligence of her
master, the ship owner, though exercising
due diligence to secure seawOrthiness.
proper manning and equpping and supply
ing. under section 3 of the act of February
-. 1888. has no right TO general average
contribution for sacrifices and suffering by
him subsequent to. the stranding in sue
cessful efforts to save vessel, freight and
cargo.
The court affirmed the Judgment of the
circuit court and the court of criminal ap-
peals of Texas in Thomas Tinsley. appel
liant, against Albert Erickson, sheriff of
Harris county. Texas. sustaining the COM
nitment of Tinsley for contempt for re-
fusai to deliver books, funds, etc. to the
receiver of the Houston Cemetery Com
pany. of which Tinsley was president. Chief
Justice Fuller delivered the opinion.
What Is 81 Manufactured Article.
Justice Brown handed down the opinion
OF the court in the case OF the Tidewater
Oil Company against the United States
The case involved the consideration Of the
question as TO what constitutes a Inanufac-
tured article. The suit was instituted to Sc
cure drawback on shocks, sides and bot
toms Of boxes The Tidewater company
v as in the habit of importing these from
Canada and iron rods from Europe and of
manufacturing boxes from these articles
anu Iil-ll tApOTIiUS JIlG boxes. In deciding
the case Justice Brown said the question
vas whether the boxes were wholly manu-
featured in the United States, and he neId
that they were not. as the saving of the
sE1okS was an important part Of the manu-
featuring process.
Various Decisions.
The decision OF the supreme court of Mis-
souri, in the case of George Thompson was
affirmed Thompson was found guilty of
courts Of Missouri.
The court decided the case of the Pa
tapscO Guano Company against the board
OF agriculture of North Carolina The case
involved he validity of the North Carolina
state law providing for the inspection of
fertilizers. and sought to enjoin the collec-
ton Of the charge for such inspect tons The
opinion sustained the law.
Inc court reversed the judgment of the
circuit court for eastern Louisiana in the
case Of TIE city OF New Orleans appellant
against the Texas and Pacific Railroad
Company and the Fidelity Insurance Trust
and Safe Deposit Company regarding a
grant of right Of way in and about New
orleans, the case being remanded for fur
tfer proceedings.
Ia opinion by Justice Shiras Tho cnurt
reversed the judgment of the eighth circuit
court of appeals and the circuit court in the
case OF the Northern Pacific Railroad Com
pany ct n. plaintiffs in error, against Pat
th- circuit court of appeals with a direc-
ton 20 enter a judgment in favor of the de-
ienGdnts. The case involves Dakota lands
over which the railroads grant of right of
way passed The court concludes that
neither the city of Bismarck, as owner of
the town site, nor its grantee Smith can
Under TIE facts shown. disturb the posses
sion of the railroad company In its right of
Way extending 30 feet on each side of its
read.
\ Large Tract Involved
Inc court through Justice Harlan rem
dered an opinion in a case involving 4
tract o. $4,000 acres Of land in Virginia
and West Virginia. The land was patent-
ed by the state of Virginia TO Robert Nor
lis IN ld9J- The case was brought by Hen
~ c King against various claimants 10
the land, King claiming through transfers
IRON Morris, and the defendants resisting
on the ground that the Morris grant had
been forfeited. The case was decided by
the circuit court for district of West Viz
GINA against Kings contentious and this
view Oi the case was affirmed by yester-
days decision. Only that portion of the
grant lying in West Virginia was directly
involved In the opinion, but IL also affects,
the Virginia lands.