Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-26
Number of Important Decisions
Handed Down Today.
SPANISH PRIZE CASES DECIDED
Captain O. NJ Carter Denied Hear
ing Before Tribunal.
LOCAL SUIT ACTED UPON

In an opinion by Justice Brown the
United States Supreme Court decided the
naval prize money case, involving the seiz-
ure of the British steamer Addula. This
ship was owned by the Atlas Steamship
Company of Kingston, Jamaica, and was
leased to a Spanish citizen at the rate of
200 day for the purpose of carrying
refugees from Guantanamo. Cuba. The
vessel was captured June -, 1898. when en-
tering Guantanamo bay and was con-
demned as prize vessel.
The opinion handed down today holds
that Admiral SIMPSONS blockade was eff
fective; 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 south
ern district of Georgia was therefore af-
firmed. Justices Shiras, Gray, White and
Peckham dissented.
The Steamer Panama.
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 2j, 1898. The vessel was carrying
United States mail, but was owned by a
Spanish corporation and was under contract
as Spanish mail vessel, and carried arms
was lawful prize, and therefore affirmed
the opinion of the court below. Justice
Peckham dissented.
Jackson Against Emmons.
The Supreme Court of the United States
in the case. of Robert Jackson, plaintiff,
against George E. Emmons and ]. Paul
Smith today reversed the judgment of the
Court of Appeals and remanded the case
to that court with directions to reverse the
Judgment of the Supreme Court of tie Dis
trict of Columbia. This case grew out of
an action for continued treSpass and in
Jurles to the house or habitation and fam
lily of the plaintiff by the unlawful blasting
of rock nearby
The Supreme Court of the District of
Columbia had dismissed this case for non
compliance with an order passed at the
plalntlns request and a Judgment was
never rendered.
Captain Carter's Case.
The United States Supreme Court today
denied the application of Captain Oberlin
NJ Carter to bring his case into that court.
There was no written opinion.
The court today decided that the pro-
visions of the constitution of the state of
otah allowing proceedings in criminal cases
to be prosecuted upon the process of .in-
formation and limiting juries in certain
cases to eight persons instead of requiring
INC toAiiifoll law jury OF twelve, were not
IN contravention of the federal Constftu-
ton The decision was handed down by
Justice Peckham in the case of Maxwell
VS. the warden of the state penitentiary
MaXWeil having been convicted under these
provisions. Justice Harlan dissented on the
ground that the provisions did not provide
due process of law in felonious cases.
Contract PrecIuded Damages.
In the case of the Baltimore and Ohio
Southwestern Railroad Company against
William Voignt, the Supreme Court decid-
ed that an express messenger who was in
Jured IN a railroad accident after signing
an agreement to relieve the railroad COM
pany from responsibility in case of accident,
could not claim damages. The court held
that there was no principle of public mol
icy preventing mans making such con-
tract
An order was issued today by the court
in the Inheritance tax cases as follows:
Ten days is given counsel to submit
briefs on the construction of the act under
consideration in respect of the question
whether the tax or duty imposed on each
OF the leSacies is measured by the volume
OF the estate or by the amount of the leg
acy."
Regarding n Land Grant.
The court today reversed the opinion OF
the court of private land claims in the case
of the United States vs. Ortiz. involving
title to a land grant in Santa Fe county,
n. NJ. The grant is variously described as
containing from 80 900 to 100 900 acres OF
land. The court below held the grant to be
valid, but the Supreme Court held that the
claimants had failed to establish the gen.
uineness of the grant and therefore re-
versed that opinion.
The court affirmed the decision of the
district court for the state of Washington
In the case of the United States versus
ttxr VII.
was sought to exclude under the exclu-
sion laws. The decision holds that they
were not subject to exclusion under the
law All the persons affected were related
to Chinese entitled to be here, and the de-
ciSion of the court is to the effect that on
this act certificates are not necessary to
ent1tle them to land.
Decision Affirmed.
Justice Brown today delivered an opinion
IN the United States Supreme Court in the
case OF c. l.. Benedict, formerly Judge of
the eastern district of New York. Epon
retiring Judge Benedict claimed he was not
only entitled to the continuance of his SAL
airy or 5000, but to the regular fees OF
$500 year for criminal terms held nv
MIN. The opinion delivered today affirms
that OF the Court of Claims, denying the
claim for 81, 800.
Decided In the Negative,
The United States Supreme Court tod.y
decided in the negative the question of the
right of John ]. Walsh and others to an in
junction against the Columbus Hooking
valley and Athens Railroad Company The
appellants. who were the petitioners in the
original action, sought to restrain the com.
pany from operating its road along the line
or the old Lancaster Lateral Company un-
der its lease from the state, on the ground
tEat the terms of the grant of government
land to the state for the benefit of the catna
imposed the obligation of maintaining the
canal forever as public highway
Todays opinion confirmed that of the
Ohio supreme court holding that the canal
was to he matntaine as public highway
by the state only SO long as the canal was
maintained as such, but that there was no
obligation to perpetual maintenance