The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-05-23
SUPREME COURT ADJOURNs
Chief Justice Fuller and Justice
Brewer Will Soon Sail For Paris.

Washington, May 23.-The United
states supreme court has adjourned
for the term. During the session the
court disposed of 519 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 on the
31st instant, whittier they go to par
ticipate in the Venezuela boundary ar
bitration. Justice Harlan goes imrned-
lately to Yale college to deliver a course
of lectures.
The court rendered the first decision
given by it bearing upon the present
bankruptcy law The opinion was an
nounced by Justice White in the case
of the George NJ. w est company versus
Lea Brothers on certificate from the
United States circuit of appeals for the
fourth circuit.
The decision was on a question certi-
ned and was as follows:
AS a deed of general assignment for
the benefit of creditors is made by the
bankruptcy act alone sufficient to justi-
fy 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 solvency by way of de-
Tense to a question based upon the
making of a deed of general assignment
is not warranted by the bankruptcy
law
In an opinion handed down by Justice
Shiras the court confirmed the opinion
of the circuit court of appeals for the
second circuit in the case of K. K. Hay
den, receiver of the Capital National
bank of Lincoln, Neb., versus the Chem
zeal National bank of New York. The
contention of Mr.. Hayden was that he
had right to recover on behalf of the
Nebraska bank on remittances made to
the New York bank which were en-
route when theNebraska concern failed.
The decision in this court as in that be-
low, was adverse to this claim.
Justice Harlan announced the opinion
in the case of the San Diego Land and
Town company versus the CITY of Ma
tionaI City, Gala, and others. The case
involved 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 it's limits. The suit
grew out of the water rates, fixed by
the authorities of National City for the
year 1885, 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
missing the bill. Justice Harlan's opin-
ion confirmed this view In passing
upon the merits of the case he entered
at considerable length into the question
as to whether the case was of a char
acter to justify the interference of the
judiciary, concluding that the judiciary
should not intervene in such cases ex-
cept to prevent fragrant abuses. This
case was not, to the mind of the court
of that character
The court, through Justice Brown
held that planks or boards planed on
one side and tongued and grooved
should have been 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 versus
Frank Dudley and originated in Yer
mont.
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
company. was reversed by an opinion
handed down by Justice Brewer. The
case originated in a bill by the United
States to restrain the company from
constructing a dam across the Rio
Grande in New Mexico that would in
teTfere with navigation. Justice Brewers
opinion ordered a reversal and the re-
handing of the case with instructions
to set aside the decree of dismissal and
to order an inquiry into the question
whether the intended acts of the defend
ants in the construction of a dam and in
appropriating the waters of the Rio
Grande will substantially diminish the
navigability of the stream within the
limits of present navigability and if
so, to enter a decree restraining those
acts to the extent that they will so
diminish it.