The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-05-23
SUPREME COURT DECISIONS
THIRTT-SEYEN DECIDED BIZ
THE COURT YESTERDAY.

Divorce Case, and n Will Case Among
Them - Monon Foreclosure Sale Set
Aside-BeIl Telephone Decision Reversed
WASHINGTON. MAY 22.-The Supreme Court
OF the United States adjourned to-day until
the second Monday Of October next. On the
31st inst. Chief Justice Fuller and Justice
Brewer will sail for Paris. where thoy will
spend the summer in the arbitration between
Venezuela and Great Britain over the boun-
Diary line between Venezuela and British
Guiana. representing the Venezuelan Govern
ment In the contentious. Justice Harlan goes
TO Yale University to deliver acourse oflectures.
Thirty-seven cases were disposed OF by the
court to-day. During the term Just closed $50
were disposed OF and $40 cases filed. leaving
302 on the docket. II less than at the close OF
the previous term. Mr.. c. W. Needham OF the
Columbian University broke all records by in
Producing to the court no less than ten attor-
neys from different parts Of the country. who
we're admitted to practice. Among the cases
argued this term that go over until next year
are the La Abra claim against Mexico. which
the United States is seeking to set aside for
fraud. and the case Involving the validity and
constltutionality Of the Iron Pipe Trust.
A statute OF the State Of Missouri. making u
railroad company which issued a bill OF lading
upon goods received by il responsible for dam
ages on its line or that Of any company to
which the goods we're delivered en- route to
destination, was declared to be not in violation
OF the interstate clause of the Con-
stitution. The company. Justice White said.
was not restrained by the law from restricting
its liability to it's own line nor from ssuming
responsibility for other lines. Answering a
question from tho Conrt Of Appeals from the
Fourth Circuit. the Supreme Court said: AS
n deed OF general assignment for the benefit OF
creditors is made by the Bankruptcy act alone
sufficient to Justify an adjudication in involun-
tary bankruptcy against the debtor making
such deed, without reference to his solvency
at the time of filing the petition. the denial OF
insolvency by way Of defence to a petition
based upon the making of a deed OF general
assignment Is not warranted by the Bank
ruptcy law"
In the case Of Hayden, receiver OF the Capt.
tai National Bank OF Lincoln. Neb. vs.. the
Chemical National Bank Of New York. Justices
White. Peckham and Mckenna dissenting. the
Court, through Justice Shiras. decided that
money sent by a bank to its correspondent in
another city prior to its closing as a failed
bank, and not received 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
leave was granted for the filing Of a petition for
q rehearinR Of the case OF the United States VS..
Earl B. Coe. involving the title to the Alga-
dones land grant. New Mexico. The court had
decided against Coe. and to-day the Chief JUS
tice announced that it adhered to its former
Mr.. Justice Brown. in the case Of the United
Sta question ws; Frank s RRoaHIddy' s !e%Tadfdl bos dlisus sed
plank. ,pIaned on one side tongued and
boards, planks. deals and other lumber. rough
or dressed 2" The disc.ussion arose Ts under the
General Appraisers decided that they should
pay duty. sustaining the Collector. who
assessed 1s; ssdd them "a at i3lt Psr cent aH nnasr pa par cSbinst
furniture of wood wholly or partly finished.
manufactures Of wood or Of which wood Is the
courts reversed the Collector and the Govern
maent; br dl the Ease RreE to the So,s siHpre me- Court ours
boards we're dressed lumber.,S nav ""
The court evidently is tired Of contentious
between the Government and importers over
ton Of the Solicitor GENERAL for. a writ Of
certiorari TO the Court OF Appeals for the SEQ
the ane flnfasa e St sses V Ve. IL f. B Fss3na IL ~ 3 CO. case sa as
denied. the first time within recollection that
The point at issue was as to the classification
Of hat straw. and the amount at stake about
100000. The decision below was against the
The application. of James Ludden for leave
to file a petiti9n for q writ Of habaas corpus
WAS tIllt 1 ne DclIllbilcl. htCoiulnk W tIo
KNresident Of the State OF, New, Jersey on Oct.
III Win n ! M NJ % ia Epril. isa Se Cbt SGns f a Si E5l1!s
In Oklahoma from Walker Winston. Last
March. eighteen months after his marriage.
S tatfeS viii tss said fYf Lille 1 Wins}on aii HHins the fS" date
on the complaint Of, Winston, He tcoE
the case to the Federal court and moved for
discharge The Court denied tho motion. hold
Ina that under the law, Of New York the decree
Of divorce obtained by Lille Winston was Of no
Ludden. By its action today the Supreme
Court refused to Interfere with that Judgment.
Court of Appeals for the Sixth Circuit ip
the tamoHs Means viii case was affirmed.
800. Included, in, this was ,$l38.O35 OF
notcs given by his son, william Means.
drsn and one erandchild. the son Of a deceased
s sai Be as sniSssas Of Wil tartan! Mdps srs0Sa roS Sidh1n sa!t
against the administratorS OF Thomas Means
sst sssG withd n,s d 5StI {Ith s ,he sm IN hts da dst neon
his notes Sl30.O35, The. Court OF Appeals
held that they were entitled to their claims and
pany Of New Mexieo yin not pc psrmJjtted to
Elephant Butte and appropriate the waters Of
that stream for irrigation II by SO doing the
naVlgdDle capacity OF the stream VIII De inter-
fercd with. In May. 1897. Attorney-GeneIal
tnow Justice) McKenna began suit against the
company to restrain it from building the dam
for the reason that it's existence would seri-
ously .obstruct the navigability Of the stream.
Diminishing the. Governments bill. the
preme Court Of the Territory aairmed,
stated that It had taken judicial notice OF
the fact that the river was not nayigable- with.
In the limits Of the Territory of New Mexico
and therefore that the United States had NO
jurisdiction over it. As to this point, the Su.
preme Court. speaking through Justice. Brew
er. said it was not disposed to question 1t. Blu,
the court did consider the effect Of the con.
struction OF the dam and the. appropriation. o.
the water upon those parts OF the river which
are navigable, BY the act of Sept. 10. 1890
such an appropriation and obstruction are pro.
hibited. The judgment OF the lower court wa,
ttons to set aside. the decree Of dismissal ant
to order an inquiry into the question whether
the intended acts Will substantially diminisi
the navigrbility OF the Rio Grande within the
limits. OF present navigability. and IL so, to en-,
ter a decree restraining those acts to tho ex
tent that they will so diminish.
telephone company is not a telegraph com
pany and cannot assert its right to the priv
leges accorded telegraph companies by the &C
Of Congress Of 1866. This was the substanc,
of the opinion Of the Supreme Court, an
nounced to-day by Justice Harlan, in the cas-,
OF the Southern Bell Telephone and TeleRrapl
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