The times., 1899-05-23
TEE SUPREME COURT
CLOSES ITS DOCKET
Adjournment Taken Until the
Middle of Autumn.
Decisions Handed Down in Old and
Interesting Cases.
The SnIc of the Monon Route Set
Aside-Thc Claim of Sarah A.
Oa-cs Denied.


The Supreme Court of the United States
adjourned yesterday until the second
Monday Of October next. On the Sist inst.
Chief Justice Fuller and Justice Brewer
will sail for Paris. where they will spend
| the summer in the arbitration between
Venezuela and Great Britain over the
boundary line between Venezuela and
British Guiana, representing the yenezu-
elan Government in the contention. JUS
tice Harlan will go to Yale University,
where he is to deliver course of lee
lures.
Thirty seven cases were disposed of by
the court yesterday. During the term
just closed $50 cases were disposed of and
$40 cases filed, leaving 302 on the docket,
| eleven less than ct the close of the pre-
vious term Mr. c. W. Needham. of the
Columbian University. broke al records
by introducing to the court no less than
ten attorneys, from different parts o; the
country, who were admitted TO practice.
Among the cases argued this term that so
over until the next are the LAhra aim
against Mexico which the United States
| is seeking to set aside for fraud, and the
case involving the validity and constitu-
| ticnality of the Iron Pipe Trust.
number of decisions of general inter-
| est were handed down yesterday.
| The sale of the Louisville, New Albany
and Chicago Railroad-the Monon-under
| foreclosure proceedings instituted several
years ago was set aside at the suit OF the
| Louisville Trust Company. The railroad
! company, an Indiana corporation, called
the New Albany Company in the opinion,
| desiring to secure an outlet or connection
TO the South, by its board of directors
! guaranteed the principal and interest on
| bonds issued by KENTUCKY corporation
with which 10 build the new line. This
guarantee was in violation Of the laws of
| Indiana and was repudiated by the stock
| holders at their next meeting. BY de-
cision CT the Supreme Court delivered last
week the company was absolved of liabil-
| ity for all guaranteed bonds save those
| that had passed into the hands of inno-
cent purchasers for value. When the
stockholders repudiated the action of the
directors. it is alleged, proceedings in fore
closure were instituted by John T. Mills
| by collus!on of bondholders and stock
! holders to preserve their interests and shut
out unsecured creditors. This allegation
was made by the Louisville Trust Com
pany. who. as the holder of s125.000 Of the
Tepudiated bonds. intervened in the fore
| closure proceedings. AS proof of the as
/
and answer of the railroad company were
| filed simultaneously and the order ap-
pointing a receiver issued the same day.
| The courts below declined to investigate
| the allegations of the trust company and
| the proceedings went on to the sale OF the
property. which sale was confirmed. The
| trust company appealed to the Supreme
| Court. Justice Peckham dis5ented from
the judgment d"
statute of the State Of Missouri max
| ing railroad company which issued bill
| Of lading upon goods received by it respon-
sible for damages on its line that of
any company to which the goods were de-
! liyered en- route to destination, was de-
clared to be not in violation OF the inter-
| state commerce law The company. JUS
tice White said was not prohibited by the
| law frcm restricting its liability to its own
| lines. nor from assuming responsibility for
other lines
| In the case of Hayden, receiver of the
Capital National Bank OF Lincoln. Neb.. VS..
the Chemical National Bank of New York,
| Justices White. Peckham. and McKenna
dissenting, the court through Justice Shi-
| ras. decided that money sent by a bank
| TO its correspondent in another city. prior
| to its closing as failed bank, and not re-
ceived by the correspondent until after
| the sending bank had been closed. cannot
be recovered by the receiver of the failed
bank.
| On the day that the court adjourned last
year leaTe was granted for the filing
| CT a petition for a rehearing OF
the case CT the United States VS. Earl
| B. Gee. involving the title to the Algo-
dcnes land grant. New Mexico. The
court had decided against Coe. and yester-
day the Chief Justice announced that IL
adhered to its former opinion
The Rio Grande Irrigation and Land
! Company, of New Mexico, will not be per-
| mitted TO erect a dam across the Rio
Grande River at Elephant Butte and ap-
| propriate the waters of that stream for
irrigation. if by so doing the navigabIe
| capacity OF the stream will be interfsrred
| with.
In announcing the opinion OF the Supfene
! Court in the case of Sarah A. Oakes VS.
the United States, appealed from the
Court of Claims, Justice Gray yesterday
| characterized those who engaged in the
war OF the rebellion as insurgents" and
| stated that for the purpose of proof of
| specific acts of officers of the Confederate
| States the Confederate archives preserved
| by the Covenant were competent evil
| dence. AS stated by Justice Gray Mrs
| Oakes. by act of Congress. was authorized
| to show to the Court of Claims the inter-
| est held by her father. Hugh WorthinSton
| in the steamer Eastport. which it was al
| legged had been captured by the in
surgents'' in the rebellion. and afterward
| recaptured by the Union forces. and the
court was to determine whether or not The
| United States was able to show by the
Confederate records that the steamer V IS
| not captured by the insurgents at ALL
| but had been purchased from the owners
| Objection was made to the introduction Of
this evidence. but the Supreme Court said
that for the particular purpose in view
| showing the acts of high officials II the
Confederacy. it was competent. The de-
cree Of the Court of Claims for the Gov
ernment was affirmed.
By a divided court. the judgment OF
the Court Of Appeals for the Sixth Circuit
in the famous Means will case was affirm
ed.
Motion in the FaiIs Case Overruicd.
Justice Bradley, presiding in Criminal