The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-23
Decisions Rendered On Last Day OF
Its Sitting.
ADJOURNED FOR THE TERM
MANY CASES DISPOSED OF d.
RING THE SESSION.
Chief Justice Fuller and Justice
Brewer Will GO to Paris to Take
Part In Venezuela Boundary Ar
bitration-Harlan to Lecture
Cases Decided Yesterday.

Washington, May 22.-The United
States supreme court adjourned today
for the term During the session the
court disposed of $40 cases, leaving 302
cases on the docket. AT the close of
the last previous term the docket con-
tanned 313 cases.
Chief Justice Fuller and Justice
Brewer expect to sail for Paris on the
31st inst, whittier they go to partici-
pate in the Venezuela boundary arbi
tration. Justice Harlan goes immedi
ately to Yale college to deliver a course
of lectures.
The court today rendered the first
decision given by it bearing upon the
present bankruptcy law. The opinion
was announced by Justice White in the
case of the George NJ. West company
VS.. Lea Bros, on certificate from the
United States circuit court of appeals
for the Fourth district. The decision
was a question certified and was as
follows:
Is deed of general assignment for
the benefit of creditors as made by the
bankruptcy act alone sufficient to JUS
tify an adjudication in voluntary 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 de-
Tense to a petition, based upon the
making of a deed of general assign
ment, is not warranted by the bank
ruptcy law.
On Bank Remittances.
In an opinion handed down by Jus
tice Shiras the court confirmed the
opinion of the circuit court of appeals
for the Second circuit in the case of
X. X. Hayden, receiver of the Capital
National bank of Lincoln, Neb., VS.. the
Chemical National bank of New York.
The contention of Mr.. Hayden was that
he had a right to recover on behalf
of the Nebraska bank on remittances
made to the New York bank, which
We're en- route when the Nebraska con-
Germ failed. The decision in this court,
as in that below, was adverse to this
claim.
Justice Harlan announced the opinion
in the case of the San Diego Land &
Town company VS.. the City of National
City, Cal. and others. The case in
volved the validity of the California
state law authorizing county and town
and city authorities 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 authority of National City
for the year 1895, which the land COM
pany claimed were so low as to be con-
fiscatory. The circuit court refused to
accept this view and issued a decree
dismissing the bill. Justice Harlan's
opinion confirmed this view. In pass
ing uDon the merits of the case he en-
tered with considerable 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, to the mind of the
court, of that character.
Admitted as Dressed Lumber.
The court. through Justice Brown,
held that planks or boards planed on
one side and tongued and grooved.
should be admitted free of duty as
dressed lumber" under the tariff act
of 1894, and not as a manufacture of
wood" The decision was rendered in
the case of the United States VS.. Frank
Dudley and originated in Vermont
The decision of the supreme court of
the territory of New Mexico in the case
of the Rio Grande Dam & Irrigation
company, which was favorable to the
company, was reversed by an opinion
handed down by Justice Brewer. The
case originated in bill by the United
States to restrain the company from
constructing a dam across the Rio
Grande in New Mexico that would in
terfere with navigation. Justice
Brewers opinion ordered a reversal and
the remanding of the case with in
structions to set aside the decree of
dismissal and to order an 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 substan-
TALLY diminish the navigability of the
stream within the limits of present
navigation, and if so, to enter decree
restraining those acts to the extent
that they will so diminish it.