The times., 1899-11-07
IN THE SUPREME COURT
A Motion for Advancing the Hearss
ing of Indian Claims Made.
The Case Involves the Titles of Sew
eraI Reservations Arguments
Begun-Justice Gray Renders n De-
cisfOn in a Railroad Controversy.

Solicitor General Richards, who has been
i'll for long time, was in the Supreme
Court yesterday for the first time this
term. and moved that cases against the
Choctsw, Chckasaw, and Wichita Indians
be advanced for speedy hearing. The
cases. came from the Court of Claims, and
involve the title of the Wichita reserva-
ton. 743, ,610 acres; the Kiowa, Comanche,
and Apache reservation, 1858 acres, and
the district known as Greer county, 1,51, =
95S acres.
1T is desired said the Solicitor, "to
allot a portion of the Kiowa, Comanche.
and Apache reservation among the In
dians now living thereon in severalty as
soon as possible, and also to dispose of
any unaIloted balance of said reservation,
as well as of the district known as Greer
county. but none of these things can be
done until the above appeals are decided
The present uncertainty as to the title
of the three tracts of h>nd aggregating
5,224, 461 acres, prevents the United States
from making any final disposition of them,
thereby seriously interfering with the pros
perity of a large number Of Indians who
are kept on their old reservations without
any permanent individual ownership in
the lands that they occupy, and conse-
quently without those inducements to in
dustry and progress which are furnished
by the system of allotments of land in
seVeralty-the system which the Govern
ment is trying, wherever practicable TO
substitute for the old reservation
Argument was heard by the Supreme
Court on the appeal of the case in
volving the right of the United States
to seize the steamship Newfoundland
in Cuban waters and hold her as a
prize The appeal was made by James
A Farquhar, owner OF the ship, and David
Robertson & Co., owners Of the cargo.
The steamship Newfoundland, Frederick
N Malcolm, master, under charter to Mus
grove & Co., of Halifax, left that port on
July 8, laden with flour, bacon and canned
goods, under clearances and bills of lading
for. It is claimed by the owners, Kingston,
Jamaica, and Vera Cruz, Mexico. It is
claimed by them that the master had or
ders to land a part of the cargo at Cay
bairien, Cuba, if that port was not under
blockade. The Newfoundland was boarded
in Cuban waters on July 1S by the COM
mander Of the United States steamship
Badger, who endorsed her papers as cor
rect. The next day the captain Of the
United States steamship Hudson boarded
tne vessel ana also permitted her TO pro-
ceed, but at 10 O'Clock that night the United
States steamship Mayhowsr captured her
and placed a prize crew on board, which
the owner claims to have been an illegal
act
The Supreme Court yesterday decided
that a provision in a lease by a railroad
company authorizing the construction of
a warehouse on its right Of way, relieving
the railroad company from all liability or
damage for the burning of the warehouse
by sparks from the company's engines, or
from the carelessness or negligence of its
employees. was valid. warehouse was
built on the right of way Of the Chicago
st. Paul and Milwaukee Railroad Com
pany in Monticello, Ia, under lease con-
tanning such a clause and seven insurance
companies paid the loss, which amounted
to $23 450. The fire was caused by sparks
from a railroad engine and the insurance
companies sued the railroad company to
recover the money they had paid, alleging
that the exemption clause in the lease was
void, as against public policy.
Justice Gray reviewed a number of de-
cisions by the court in which similar pro-
visions in the contracts of common car
riers have been held to be void. But the
validity of the agreement now in contro-
versy," he said, does not depend upon
any principle of the commercial or mercan-
tile law, or Of general Jurisprudence 1t is
a question Of local law" Iowa and Illinois
courts had decided that such a provision
was valid, and the Federal courts below
had done right to follow that decision The
judgment below in favor Of the railroad
company was affirmed.