Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-23
IN THE SUPREME COURT
Adjournment for the Term After Disposing
of 5l9 Cases.
First Decision on the New Bankruptcy
Law-Matters of General In
terest Interpreted.

Inc Unl1eQ states supreme Court adj
journed yesterday 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
| contained 313 cases. Chief Justice Fuller
and Justice Brewer expect to sail for Paris
on the 31st instant. whittier they go to
participate in the Venezuela boundary ar
bitration. Justice Harlan goes Immediate
| ly to Yale College to deliver a course of
lectures.
The Bankruptcy Law.
| The court yesterday rendered the first
decision given by 1t bearing upon the pres
ent bankruptcy law. The opinion was an
nounced by Justice White in the case of
| the George M. West Company vs. Lea
Brothers, on certificate from the United
States circuit court of appeals for the
fourth circuit. The decision was on "a ques-
ton certified, and was as follows:
LAS a deed of general assignment for
the benefit of creditors is made by the
bankruptcy act alone sufficient to Justify
an adjudication in involuntary bank
deed without reference to his solvency at
the time of the filing of the petition the
denial of insolvency by way of defense
to petition based upon the making of
deed of general assignment is not warrant
ed by the bankruptcy law
Rates for Water.
Justice Harlan announced the opinion in
the case of the San Diego Land and Town
Company vs.. the city of National City
| Cal, and others. The case involved the
validity of the California state law au-
thorizng county and town and city au-
thorties 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
tA-
City for the year 1895, which the Land
Company claimed were so low as to be con-
fscatory. The circuit court refused to
accept This view and issued a decree dis
missing the bill Justice Harlans opinion
confirmed this view. In passing upon the
merits of theEG ase he entered at consider
able 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 in the mind OF
the court of that character.
New Trial for Spur.
| The court ordered new trial in the
| case of Marcus A. Spur, late president of
| the Commercial National Bank of Nash
| vile, Tenn, charged with acts which as
sisted in wrecking that bank. This order
| is in reversal of the decree of the circuit
| court of appeals for the sixth circuit
! 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
| VS. Frank Dudley, and originated in Yer
| mont
| Damnling the Rie Grande.
| 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 COM
pany, was reversed by opinion handed
| down by Justice Brewer. The case origi-
mated in a bill by the United States to re-
| strain the company from constructing a
| dam across tie Rio Grande in New Mexico,
| that would interfere with navigation. JUS
| tice Brewers opinion ordered a reversal
| and the remanding of the case with in
| strucuous to set aside the decree of dis
| misSal and to order inquiry into the
| question whether the intended acts of the
| defendants in Che construction of a dam
| and In approprlating the waters of the Rio
| Grande will substantially diminish the
| navigability off that stream within the
| limits of present navigability, and If SO,
| to enter decree restraining those acts to
| the extent that they will 50 diminish 1t.
Confederate Archives Us Testimony.
| In deciding the claim of Sarah A Cakes
| against the United States for vessel taken
war of the rebellion, the court held that the
archives of the confederate government
constitute competent testimony. These ar
| chives showed that the vessel in question
was purchased by the confederates. These
archives, said Justice Gray, in deciding the
case, ARE not the highest authority, but
| they are records made by men of high
| standing and deserve credence." The de-
cision was accordingly against the claim.
Settlers Claims to Land.
An opinion was handed down by Justice
| Peckham in the case of the Northern Pa
cihc Railway Company against James De
| Lacey, involving title to 100 acres of land
situated near Tacoma, Wash. and also in
| cidentally to Il considerable number of
claims on the line of the Northern Pacific
| The opinion of the court of appeals for the
| ninth circuit was favorable to the settlers
but this opinion Is reversed by Justice Peck
| hams opinion, which holds that the land
| came within the grant to the railroad COM
| pany. The opinion Is to&the effect that 'all
| claimants of presumption rights on that
| part OF the line since 1871 lost those rights
by operation of law unless within thirty
months after the date prescribed for filing
| their declaratory notices they made proper
proof and payment for the lands claimed"
Responsible for Damage.
The court held in the case of the Missouri,
Kansas and Texas Railroad Company VS..
| Mccain and Smizer, that railroad COM
pany receiving an assignment Of goods was
responsible for damage to them in cases
| where the damage occurred on a connect
ing line The opinion was handed down by
Justice White and affirmed the opinion of
the supreme court Of Missouri.
Guarantee of Bonds.
The court decided the case Of the Louis
vile Trust Company against the Louisville,
New Albany and Chicago Railway Com
pany and others. The case involves the
contention over the guarantee given by this
railway company bonds of Kentucky rail-
road company amounting to 81, 1S5, 900. This
guarantee the New Albany sought to have
declared void. and much litigation ensued.
The opinion in the case was prepared by
Justice Brewer, and found the court Of ap-
peals for the seventh circuit to be error in
that 1t failed to protect the interests of
certain of the creditors, the court saying
that, while not intending any displacement
! OF the ordinary rules or rights Of mortgagor
and mortgage in a foreclosure, they be-
lieved that under the circumstances as pre-
scented by this record there was error, and
! that the decision, which was in favor of