Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-23
IN THE SUPREME COURT
Adjournment for the Term After Disposing
of 5l9 Cases.
First Decision on the New Bankruptcy
Law-Matters of General In
terest Interpreted.

me United states supreme Court ad-
journed yesterday for. the term During the
session the court disposed of SO cases
leaving 3O2 cases on the docket At the
close of the last previous term the docket
contained 313 cases. Chief Justice Fuller
and Justice Brewer expect to sail for Paris
the 31st instant, whittier they go to
participate in the Venezuela boundary ar
bitration. Justice Harlan goes immediate
ly to Yale College to deliver a course of
lectures.
The Bankruptcy Law.
The court yesterday rendered the first
decision given by 1t bearing upon the pres
ent bankruptcy law. The opinion was an
nounced by Justice White in the case of
the George M. West Company vs. Lea
Brothers, on certificate from the United
States circuit court of appeals for the
fourth circuit. The decision was on uues-
ton certified. and was as follows:
"As a deed of general assignment for
the benefit of creditors is made by the
bankruptcy act alone sufficient to justify
an adjudication in involuntary bank
ruptcy against the debtor making such
deed without reference to his solvency at
the time of the filing of the petition the
denial of insolvency by way of defense
to a petition based upon the making of a
deed of general assignment is not warrant
ed by the bankruptcy law"
Rates for Water.
Justice Harlan announced the opinion in
the case of the San Diego Land and Town
Company the city of National City
Cal, and others The case involved the
validity of the California state law au-
thorizing county and town and city au-
thorities in that state to fix annually the
rates that shall be charged by any person
or corporation for water furnished within
its limits. The suit grew out of the water
rates fixed by the authorities of National
City for the year 1898. which the Land
Company claimed were low as to be con-
hscatory. The circuit court refused to
accept this view and issued a decree dis
missing the bill. Justice Harlan's opinion
confirmed this view. In passing upon the
merits or the case he entered at consider
able length into the Question as to whether
the case was of a 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 in the mind of
the court of that character.
New Trial for Spur.
The court ordered new trial in the
case of Marcus A. Spur, late president of
the Commercial National Bank of Nash
VILE Tenn, charged with acts which as
sisted in wrecking that bank. This order
is in reversal Of the decree of the circuit
court of appeals for the sixth circuit
The court, through Justice Brown, held
that planks or boards planed on one side
ana tongued and grOoved should have been
admitted free of duty as dressed lumber
under the tariff act of 1894, and not as
manufacture of wood" The decision was
rendered in the case of the United States
VS.. Frank Dudley, and originated in Yer
mont.
Damming the RE Grande.
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 COM
pany, was reversed by an opinion handed
down by Justice Brewer. The case origi-
mated in bill by the United States to re-
straln the company from constructing a
dam across the Rio Grande in New Mexico,
That would interfere with navigation. JUS
tee Brewers opinion ordered a reversal
and the remanding of the case with in
strucuons to set aside the decree of dis
mlssal and to order inquiry into the
question whether the intended acts of the
defendants in the construction of a dam
and in appropriating the waters of the Rio
Grande will substantially diminish the
naVigabflity off that stream within the
limits OF present navigability, and If so,
10 enter decree restraining those acts to
the extent that they will diminish it.
Confederate Archives as Testimony.
In deciding the claim of Sarah A. Cakes
by the confederate government during the
war of the rebellion. the court held that the
archives of the confederate government
constitute competent testimony. These ar
chives showed that the vessel in question
was purchased by the confederates. These
archives. said Justice Gray, in deciding the
case, are not the highest authority, but
they are records made by men of high
standing and deserve credence.' The de-
cision was accordingly against the claim.
Settlers Claims to Land.
An opinion was handed down by Justice
Peckham in the case of the Northern Pa
cine Railway Company against James De
Lacey, involving title to 100 acres of land
situated near Tacoma, Wash. and also in
cldentally to a considerable number of
claims on the line of the Northern Pacific.
The opinion of the court of appeals for the
ninth circuit was favorable to the settlers,
put this opinion Is reversed by Justice Peck
nam $ opinion, which holds that the land
came within the grant to the railroad COM
pany. The opinion Is tofthe effect that "all
claimants of presumption rights on that
part OF the line since 1871 lost those rights
py operation of law unless within thirty
months after the date prescribed for filing
their declaratory notices they made proper
PROOF and payment for the lands claimed"
Responsible for Damage.
The court held in the case of the Missouri,
hahsaS ana IexaS Railroad Company VS..
Mccain and Smizer. that a railroad COM
pany receiving assignment Of goods was
responsible for damage to them in cases
where the damage occurred on a connect
ing line. The opinion was handed down by
Justice White and affirmed the opinion Of
the supreme court Of Missouri.
Guarantee of Bonds.
The court decided the case of the Louis
vile Trust Company against the Louisville,
New Albany and Chicago Railway Com
pany and others. The case involves the
contention over the guarantee given by this
railway company bonds of Kentucky rail-
road company amounting to $1.1s5,OO0 This
guarantee the New Albany sought to have
declared void, and much litigation ensued.
The opinion in the case was prepared by
Justice Brewer, and found the court Of APP
peais for the seventh circuit to be error in
that 1t failed to protect the interests of
certain of the creditors, the court saying
that, while not intending any displacement
or the ordinary rules or rights Of mortgagor
and mortgages in a foreclosure. they be-
Heved that under the circumstances as pre-
scented by this record there was error. and
that the decision. which was in favor of
the railroad COMPANY In the circuit court of