The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-16
DEWEY HOME" COMMITTEE
READY TO RECEIVE CONTRIBUTIONS
FROM THE HERO's ADMIRERS.
Naval Ohlcers Protest Against Change
of Uniform-Little Chance OF Ex-
ira Session of Congress.

spanish war 10 reach the court. Inc ueclS'
ion was announced by Chief Justice Fuller
1t directed that the vessel which was cap
tured off San Juan, Porto Rico, on the 18th
of July last and has been held since by this
government shall be returned to it's owners
on the ground that it was not proven tha,
the steamer intended to enter a ~blockade6
port. The court held also that the blockade
OF San Juan was effective.
The opinion of the chief justice entered
into the history of the case at length, call
ing attention TO the fact that the Olinde
was the property of a reputable company
and that she left her home port on the 18th
Of June, ten days before the issuance of the
proclamation Of the President establishing
the blockade. He also referred to the lead
ing Incidents of the voyage, dwelling at
some length on the claim that the blockade
was not effective. Remarking on this latter
point. the chief justice said that no specific
force was necessary to secure recognition of
the sufficiency of a blockade. In the opin-
ion of the court the blockade at San Juan
by the United States naval forces was
never pretermitted nor relaxed, but that it
was at all times sufficient. Whether it
would have been effective against the fleet
Of the enemy was another matter. 1t was
upon this point only that the reports Of the
naval officials could have any bearing. as
their reports could refer only to a military
blockade. which was not at issue at all in
the case. A neutral power had no right to
call into question the effectiveness of a
blockade for the purpose of securing trade
with an enemy of the United States at a
point under blockade by this country.
Considering the question of the intention
Of the Rodriguez to enter San Juan when
captured the chief justice reviewed the
testimony at length, saying that while the
circumstances were sufficiently suspicious
to justify the commander of the New Or
leans In apprehending the French ship,
there was no positive proof that she had in
tended to enter the port. The vessel was in
a direct line to St. Thomas, and, while it
might have been the intention of the cap
tured ship to enter this harbor, the captain
had testified that such was not the purpose.
He took into account the fact that the cap
tain had received notice that he could Sc
cure fifty first-class passengers by calling at
San Juan. but said this was the only motive
apparent for n attempted violation of the
On the other hand, there were
neither passengers nor cargo for that port,
and the intention of not proceeding thither
had been announced. All things considered,
the evidence of evil intent was not sufficient
to justify the United States in holding the
vessel. Hence the opinion of the court was
that 1.-THE restitution of the vessel should
be awarded without damages and that the
costs n expenses incident to her custody
and preservation be imposed on the ship"
Justice McKenna dissented from the opin-
ion.
Chief Justice Fuller handed down the
opinion of the court in 163 cases involving
the right of as many individuals to citizen
ship in the Indian tribes of Indian Terri
tory. The cases involved the constitution
atty of the law creating the Dawes com.
mission, which had passed upon the appli-
cations for citizenship of the persons af-
fected. Without entering on an examination
of all the cases involved the court held the
law to be valid, and therefore affirmed the
findings of the courts below in all the cases
in question.
Justices ckh and White handed down
opinions I'm thirty-six cases involving the
bank tax law of Kentucky. The cases did
not deal with the tax direct, but with a
stipulation made by the city attorney of
Louisville which the banks claimed rendered
their cases res adjudicata- The court held it
was beyond the attorneys power to make
a stipulation tina would be binding, and
hence the contention of res adjudicata was
not we'll founded.
In the case of Kent X. Hayden VS.. George
G.. Williams the court decided that the re-
ceiver of a national bank cannot recover a
dividend paid out of the capital and not out
of the profits where the stakeholder receiv-
ing the dividend acted in good faith and
when the bank at the time was not insol-
vent. The bank involved was the Capital
National. of Lincoln.
The court decided the case Of Albert
Wade VS.. Travis County. Texas, in favor
of Wade, reversing the Circuit Court of APP
peals for the Fifth circuit. The case in
volved the validity of bonds issued by the
county in aid of the construction of a bridge
across the Colorado river. To-day's de-
cision. which was handed down by Justice
Brown. holds the bonds to be good.
In the big batch of opinions handed down
to-day there was only one of Importance af-
fecting Indiana. namely, the Louisville
Trust Company. appellant. VS.. the Louis
vile, New Albany & Chicago Railway Com
pany. On writ of certiorari to the United
States Circuit Court of Appeals for the
SlAlH ClICuit. DtcItt dini w" Soste,
and cause remanded to the Circuit Court Of
the United States for the district of Ken
lucky. Opinion by Mr.. Justice Gray.
1t is stated at the War Department that
there are no discharged troops in Porto Rico
TO which the government is responsible In
any way. When Secretary Alger was in
Porto Rico a large number OF men who had
enlisted IN the regular army for the war
with Spain asked to be discharged and in
lieu of being returned to the United States
by the government to receive travel pay In
money. 1t was believed these men would
settle in the island and go to work to Inn
prove the conditions. It Is supposed the
money that was paid to them, amounting to
two or three hundred dollars each, has been
expended and they are now without means
of subsistence. The adjutant general tele-
graphed General Davis to-day asking him IL
there were any discharged men there who
had not been paid of. 1t Is the intention
OF the department to pay such men at once.
Most of the men discharged from the regu-
ent times on government transports to the
United states.
A member of the administration, who is In
a position to knew the views of the Presi-
dent on the subject. said to-day that the
OF Congress being called. He thought the
President. had given the subject some
thought. but he was reasonably sure that
no call would be issued except in some I'M
looked for contingency which would make
In the case of Rafel Ortiz. a native OF
Porto Rico. who was found guilty OF the