The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-05-23
.. S. SUPREME COURT
HAS ADJOURNED
Disposed Of SIG Cases and Left
313 on the Docket.
CHIEF JUSTICE M. W. FULLER
And His Associate, Justice Brewer.
viii Sail for Paris to Partici-
pate in the Venezuelan
Boundary Arbitration

Washington, May 22.-The supreme court
of the United States adjourned today for
the term. During the session the court
disposed of $40 cases, leaving 302 cases on
the docket At the close of the last pre-
vious term the docket contained 313 cases.
Chief Justice Fuller and Justice Brewer
expect to sail for Paris on the 31st instant,
whittier they go to participate in the Vene-
zuelan boundary arbitration. Justice Har-
Ian goes Immediately to Yale college to de-
liver a course of lectures.
The court today rendered the first de-
cision given by its bearing upon the pres
ent bankruptcy law. fhe opinion was an
nounced by Justice White in the case of
the George M. West company vs. Lea
Bros, on a certificate from the United
States circuit court for the Fourth circuit.
The decision was on a question certified,
and was as ollows:
"As a deed OF general assignment for the
benefit of creditors is made by the bank
ruptcy4 act alone sufficient to justify an
adjudication in voluntary bankruptcy
against the debtor making such deed with
out reference to his solvency at the time
of the filing of the petition, the denial for
NNANAA0S
ton based upon the making of deed of
general assignment is not warranted by the
Bankruptcy law"
In an opinion handed down by Justice
Shiras. the court confirmed the opinion of
the circuit court of appeals for the second
circuit In the case of K. K. Hayden, re-
ceiver of the Capital National bank, of
Lincoln, Neb., VS.. the Chemical National
bank, of New York. The contention of Nj.
Hayden was that he had right to recover
on behalf of the Nebraska bank on re-
mittances sent to the New York bank
which were en- route when the Nebraska
concern failed The decision in this court
as in that below was adverse to the
claim.
Justice Harlan announced the opinion in
the case of the San Diego Land and Town
company VS.. the City of Nationl City, Cal,
and others. The case involved the validity
of the California state law authorizing
county and town and city authorities. in
that state to fix annually the rates that
shall be charged by any person or cor
poration for water furnished within its
limits.
The suit grew out of the rates fixed by
National City for 1895 for which the land
company claimed were SO low as to be
confscatory. The circuit court refused to
accept his view and issued a decree dis
missing the bill. Justice Harlans opinion
confirmed this view. In passing upon the
merits of the case he entered at considera-
BILE length into the question as to whether
the case was Of character to justify the
interference of the judiciary, concluding
that the judiciary should not intervene in
such cases except to prevent fragrant
abuses. This case was not to the mind of
the court of that character. The court or
dered a new trial in the case of Marcus A.
Spur, late president of the Commercial
Nat ha Of No CHI i1a al,o
with acts which assisted in wrecking that
bank. This order is in reversal of the de-
cree of the circuit court of appeals for the
Sixth circuit.
The court, through Justice Brown, held
that planks or boards planed on one side
and tongued and grooved should have been
admitted free of duty as dressed lumber
until the tariff act of 1884, and not as "a
manufacture of wood"
The decision was rendered in the case of
the United States VS.. Frank Dudley, and
originated in Vermont.
The decision of the supreme court of the
territory of New Mexico in the case of the
Rio Grande Dam and Irrigation company,
which was favorable to the company, was
reversed by an opinion handed down by
Justice Brewer. The case originated in
bill by the United States to constrain the
company from constructing a dam across
the Rio Grande in New Mexico that would
interfere with navigation.
Justice Brewers opinion ordered a re-
versal and the remanding of the case with
instructions to set aside the decree of dis
missal and to order an inquiry into the
question whether the intended acts of the
defendants in the construction of dam
and in approaching the waters of the Rio
Grande,+ which substantially diminish the
navigabiity of that stream within the lin
its of present navigability, and If so, to
enter an order restraining those acts to the
extent they will so diminish it.