The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-02-27

Two Vessels Captured During War
with Sunfn Were Lawful Prizes.


WASHINGTON, Feb. 26.-In an opinion
by Justice Brown the Supreme Court
decided the naval prize money case involv-
ing the seizure of the British steamer Ad-
dula. This ship was owned by the Atlas
Steamship Company of Kingston, Jamaica,
and was leased to a Spanish citizen at the
rate of e1O0 per day for the purpose of
carrying refugees from Guantanamo. Cuba.
The vessel was captured June %. 1898. when
entering Guantanamo bay and was con-
demned as a prize vessel. The opinion
handed down to-day holds that Admiral
SIMPSONS blockade was effective; that the
purpose of the voyage was pecuniary and
not charitable, and that. therefore, the
vessel was lawful prize The opinion OF the
District Court for the Southern district of
Georgia was, therefore. affirmed. Justices
Shiras, Gray, White and Peckham dis
sented.
An opinion was also handed down In the
case of the Spanish steamship Panama,
sailing from New York to Havana, which
was captured as a prize off Havana on
April %. 1885. The vessel was carrying
United States mall but was owned by
Spanish corporation and was under con-
tract as a Spanish mail vessel and carried
arms as such. The court held that this
vessel was lawful prize and therefore at
frmed the opinion OF the court peiOW
tice Peckham diSSented.
Justice Brown delivered an opinion in the
case of Hon. c. L. Benedict, formerly judge
of the Eastern district of New York. Up
on retiring Judge Benedict claimed that he
was not only entitled to the continuance OF
his salary of 5000, but to the regular tees
l. of s., 500 year for criminal terms held by
him, The opinion delivered to-day afflrms
that of the Court of Claims, denying the
claim for 1850 as not part OF his salary
The court issued an order to-day In the
inheritance tax cases as follows: Ten
davs is given counsel to submit briefs on
the construction of the act under consider
alton in respect to the question whether the
tax or duty imposed on each of the iegacies
is measured by the volume OF the estate or
by the amount of the legacy.
The court decided I'm the negative the
question of the right of John j. Walsh and
others to an injunction against the Column
bus, Hooking Valley & Athens Railroad
| Company. The appellants were the petit
toners in the original action and sought
TO restrain the railroad company from
| operating its road along the line OF the ola
Lancaster Lateral Company, under lease
from the State, the ground that the
| terms of the grant OF government land 10
| the State for the benefit of the canal inn
| canal forever as a public highway. To-
DAYS opinion confirmed that of the Ohio
| Supreme Court. holding that the canal was
| TO be maintained as a public highway py
the State only so long as the canal was
| maintained as SUCH but that there was no
| obligation to perpetual maintenance
|
The court affirmed the decision of the
District Court for the State OF Washing
| ton in the case of the United States vs.
| Mrs. Cue Lin and other Chinese, whom II
| was sought to exclude under the exclusion
| laws The decision holds that they were
/ not subject to exclusion under the law. All
| the persons affected were related 10 chi
| nese entitled to be here and the decision
of the court is TO the effect tnat on TINS
/! account certificates are not necessary To
entitle them to land
In the case Of the Baltimore 4 Ohio
Southwestern Railroad Company VS.. VIII
liam Voght, the court decided that an ex-
press messenger who was injured In a
| railroad accident after signing an agree
| ment TO relieve the railroad company from
| responsibility In case of accident. could no,
| claim damages The court held that there
| was no principle OF public policy prevent
ing a mans makins such contract
The court reversed the opinion of the
Court of Private Land Claims in the case
of the United States VS.. Ortiz. Involving
| title to land grant In Santa Fc county
| New Mexico. The grant is variously de-
scribed as containing from 5000 TO 10000
| acres of land The court below held the
| grant to be valid. but the Supreme Couri
held that the claimants had failed TO estab
lish the genuineness of the grant and there
fore reversed that opinion.
motion TO dismiss the appeal was
made to-day behalf OF the Unitet
States and other appellants In the case o.
I the Credits Communication Company and tn
Communication Bridge Company vs.. tn