The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-23
COURT HAS ADJOURNED
Five Hundred and Nineteen
Cases Disposed Off.
A BANKRUPTCY DECISION
The First Rendered by the United States
Supreme Court-Right of City Au-
thorities to Fix Water
Rates Upheld.

Washington. May 22.-The supreme
court of the United States adjourned
to-day for the term. During the ses-
sion the court disposed of $40 cases.
leaving 302 cases in the docket. At
the close of the last previous term the
docket contained 313 cases. Chief JUS
tice Fuller and Justice Brewer expect
to sail for Paris on the 31st inst, With
err they go to participate in the Vene-
zuela boundary question. Justice Har-
Ian goes Immediately to Yale college
to deliver course Of lectures.
The court to-day rendered the first
decision given by its bearing upon the
recent bankruptcy law. The opinion
was announced by Justice White in the
case of the George M. West company
VS.. Lea Brothers on certificate from the
United States cirucit court of appeals
for the Fourth circuit.
The decision was question certified
and was as follows:
AS deed of general assignment for
the benefit of creditors is made by the
bankruptcy act alone sufficient to JUS
tify an adjudication of involuntary
bankruptcy against the debtor making
such deed without reference to his solv-
ency 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 deed of general
assignment is not warranted by the
bankruptcy law.
An opinion was handed down by JUS
tice Shiras in the court of appeals for
the Second circuit in the case of X.
X. Hayden, receiver of the Capital Ma
tional bank of Lincoln, Neb., VS.. the
Chemical National bank of New York.
Al,,A
he had a right to recover on behalf OF
the Nebraska bank on remittances to
the New York bank which We're en-
. route when the Nebraska concern fail
ed. The decision in this court, as in
that below. was adverse to this claim.
Justice Harlan announced the opin-
ion in the case of the San Diego Land
+, and Town company vs. the city of Ma
tional City, Cal, and others. The case
involved the validity of the California
state authorizing county and town and
city authorities in that state to fix an
nually the rates that shall be charged
by any person or corporation for wa
ter furnished within its limits. The
suit grew out of the water rates fixed
by the authorities of National City for
the year 1896, which the land company
claimed were SO low as to be confisca-
tory. The circuit court refused to ac-
cept this view and issued a decree dis
lue Dlll. JUSTICE Marian Opti-
ion confirmed this view. In passing
upon the merits of the case he entered
with considerable length into the ques-
ton as to whether the case was a char
acter to justify the interference of the
judiciary should not intervene in such
cases except to prevent fragrant abuses.
This case was not, to the mind if the
court. of that character.
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 'planufacture 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 and IT.
rigation company, which was favorable
to the COMPANY was reversed by an
opinion handed by Justice Brewer The
case originated in a bill by the Unit
ed States to restrain the company from
constructing a dam across the Rio
Grande in New Mexico that would in
terfere with navigation. Justice Brew
ars opinion ordered a reversal and the
remanding of the case with instruc-
lions to set aside the decree of dismiss
sal and to order an inquiry into the
question whether the intended acts of
a dam and in appropriating the waters
of the Rio Grande will substantially
diminish the navigablity, and if so, to
enter decree restraining those acts
to the extent that they will so dimin-
fsh 1T