The Washington weekly post., 1899-05-16
NOT A LEGAL CAPTURE
The New Orleans Prize Re.
leased from Custody.
RESTITUTION WITHOUT DAMAGES
The Supreme Court Orders the Return of
the Olinds Rodriguez to Her Owners. .
French Steamship Company-Costs of
Detention and Care Imposed on the
ship-Bloekade of San Juan Declared to
BE Efsetive-Oihsr Opinions.

The United States Supreme Court yes
terday decided the prize money case Of
the French steamer Oiinde Rodriguez. the
first Of the naval prize money cases
growing out OF the Spanish war to reach
the court. The decision was announced
BY Chief Justice Fuller. and directed that
the vessel, which was captured OF San
Juan. Porto Rico. on the Eth of July last
and has been held since by this govern
ment, shall be returned TO its owners on
the ground that ii was not proven that
the steamers officers intended 10 enter
the blockaded port. The court held Incl
aentally that the blockade of San Juan
was effective.
The opinion OF the Chief Justice entered
into the history OF the case at length.
calling attention to the fact that the
Olinde was the property of a reputable
company. and that she left her home port
on the 10th Of June. ten days before the
issuance Of the proclamation OF the Presi-
dent establishing the blockade. He also
referred 10 the leading incidents OF the
voyage, dwelling at some length on the
claim that the blockade was not effective.
When a blockade Is Effective.
Remarking upon this latter point. the
Chief Justice said that no specific force
was necessary TO secure recognition of
the sufficiency of a blockade, but that
the well-establshed rule was that block
ade should be only capable of prevent
ing the approach TO coast supposed TO
be closed to the outside world without
danger.
In the opinion of the court, the blockade
at San Juan by the United States naval
forces Was never pretermitted nor re-
laxed, but that it was at all times suffi-
cient Whether it would have been ef-
fective against the feet of the enemy was
another matter. Ii was upon this point
only that the reports of the naval officers
could have any bearing, as their reports
could refer only 10 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 military
blockade for the purpose of securing trade
with an enemy of the United States a a
point under blockade by this country.
Positive Proof Lacking.
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
Orleans IN apprehending the French ship,
there was no positive proof that she had
intended to enter the port The vessel
was ir direct line to ST. Thomas, and
while il might have been the intention of
the captured ship TO enter this harbor, the
Captain had testified that such was not
the purpose. He took into account the
fact that the Captain had received notice
that he could secure fifty first-class pas
sengers by calling at San Juan, but said
this was the only motive apparent for any
attempted violation of the blockade On
the other hand. there were neither passen-
gers nor cargo for that port. and the in
tention of not proceeding thither had been
an ounced
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
the restitution of the vessel should be
awarded without damages. and that the
costs and expenses incident to her Gus
tody and preservation be imposed upon
the ship"
Justice MeKenna dissented from the
opinion
Banking Law Decisions.
Justices Peckham and White handed
down opinions in thirty-six cases involv-
ing the bank tax law of Kentucky The
cases did not deal with the tax direct, but
with a stipulation made by the City At
torney of Louisville. which the banks
clGimed rendered their cases res adjudi-
cata. The court held that it was beyond
the attorneys power to make a stipula-
ton that would be binding, and hence the
contention Of res adjudicata was not well
founded.
In the case of Kent X. Hayden VS..
George u Williams, the court decided
that the receiver of a national bank cam
not recover dividend paid out of the
capital and not out of the profits. " hen
the stockholder receiving the dividend
acted in good faith and when the bank al
the time was not insolvent The bank in
yolved was the Capital National, Of Lin
ccln.
The court decided the case of Albert
Wade VS.. Travis County, Tex, in favor
OF Wade, reversing the Circuit Court of
Appeals for the Fifth Circuit. The case
involved the validity of bonds issued hy
the county in aid of the construction of a
bridge across the Colorado River The
decision. which was handed down by JUS
tlce Brown, held the bonds TO be good
An opinion was rendered in the case of
the First National Bank OF Concord N
h, VS.. Edward Hawkins, receiver of the
indianapolis National Bank. The uues-
uons presented for consideration in the
case were whether one national bank
could lawfully acquire and hold the stock
of another as an investment and Wneth-
er IN the case of such a purchase me
bank is estopped from denying its liabil-
ity as an apparent stockholder for an as
SeSsment on stock ordered By the Comp
troller of the Currency. Both questions
were answered In the negative by the
opinion which was handed down by JUS
tice Shlras, and the opinion OF the Cir
cult Court of Appeals for the First Cir
cult was reversed.
Dawes Commission Law Valid.
Chief Justice Fuller handed down the
opinion OF the court in 163 cases inyOly-
ing the right OF as many individuals 10
citizenship in the Indian tribes OF Indian
Territory The cases involved the consti-
tuti0nality OF the law creating the Dawes
Commission. which had passed upon The
application for citizenship or the persons
affected. Without entering upon an ex-
animation of all the cases involved the
court held the law TO be valid and there
lore arlFmed the findings Of the courts
below IN all the cases in question.
Grounded Ice Schooner Floated.
Chatham, Mass, May I5.-The large
Schooner Clarence II. Venner, reported
ashore on ShoYplfui SGaal las, nfabf