The times., 1900-02-27
IN THE SUPREME COURT
Decisions Handed Down in Several
Important Cases.
Seizure and Conformation of Two
Vessels During the War with
the validity of Blockade of Guam
tnnnmo-Otber Opinions Rendered.

The Supreme Court reassembled yester-
day after a three weeks recess, and de-
cisions- were announced in about twenty
four cases.
An important matter was decided by the
court in answering a question asked by the
Court Of Appeals for the Sixth circuit.
William Voight. messenger of the United
States Express Company. running on the
Baltimore and Ohio Southwestern Railroad,
sued the company for damages sustained
in an accident on the defendants road. In
the lower court it was shown that by a
contract between the railroad and express
company employees of the latter were not
TO be entitled to recover damages for in
juries sustained in accidents on the rail-
roads and the employees agree to be bound
by the terms OF that contract
That court held that such contract and
agreement we're contrary TO public policy
and could not be enforced. The case went
to the Court of Appeals. and that tribunal
asked the Supreme Court if. under these
conditions. Voight was a passenger for hire
on the railroad within the meaning Of the
decision in Railroad Company VS.. Lock-
wood which declared that a company could
not enforce a contract with stock droyer
travelling on a return pass that the COM
pany should not be liable for injuries re-
ceived on the road.
Mr.. Justice Shiras said that in this case
Weight was not a passenger for hire, ana
that there was nothing in the contract and
agreement referred TO that violated any
principle Of public policy Mr.. Justice Har-
Ian dissented.
In another case the court affirmed the
Judgment of the Court Of Appeals Of New
York perpetually enjoining the Adirondack
Railroad Company from taking lands in
the Adirondack Park. The company sought
to secure a right of way for the extension
of its line through Hamilton. Essex. and
Warren counties. but the forest reserve
conn issioners, it was held by the State
courts. had first got possession OF the lands
and under the new constitution they could
not be transferred to nor acquired by a
corporation. The company appealed to the
Supreme Court setting up that a contract
between il and the State tits charterl
had been impaired by the action of the
State courts and that it had been denied
the due process Of law within the meaning
of the Constitution OF the United States,
but Chief Justice Fuller said the court
found to the contrary.
Spanish War Cases.
Two Spanish war cases were decided by
the court. the seizures and con1emnations
being sustained. The first was that of the
British ship Adula, running between ia
nsica and Cuba. in connection with the
Atlas Line from New York She was cap
tured off Guantanamo Bay, by the Marble
head. June 2S. 1888. carrying a load Of refu-
gees, and some cargo. For this voyage
she had been chartered by a Spaniard, pre-
vlously engaged in the eoastwise trade.
Defence was made that she was a cartel
ship engaged in carrying refugees from the
island but said Justice Brown, inasmuch
as the trip netted $4,000 to the manager,
Il could hardly be called a humane mis-
sion only.
There was a question raised as to the
validity of the blockade Of Guantanamo
Bay. which the court answered by stating
that it was effective. The judgment of
the court for the southern district Of Geor-
gia ordering the sale of the vessel was
affirmed. From this decision Justices
GRAY. Brown. Shiras, and Peckham dis
sented.
MI Justice Gray announced the opinion
and decision in the case Of the Spanish
steamer Panama. seized by the MangroYt
about twenty-five miles from Havana on
April 25. 1895 She was a royal mail steam
ship. carrying arms. accoutrements. and
ammuuitions of an auxiliary Of the navy,
with two Spanish officers on board. She
was taken to Key West and ordered sold
II was held in defence tD that she was not
liable to capture, being a mail ship and
carving mails OF the United States; and
~ that she was protected by the fourth
clause of the Presidents proclamation, Civ
ing Spanish merchant vessels in American
ports a certain time within which to load
baf fr in gafeIx.
As to the first. Justice Gray said that no
provision Of international law yet accepted
excepted mail vessels from capture during
war. The Presidents proclamation re-
garding Spanish merchant vessels In ports
Of the United States could not be held tc
apply to a vessel under contract with the
enemy TO serve as an auxiliary in its
navy. armed and equipped for that service
and liable to be taken by the enemy and
used IN its service
other Decisions Rendered.
The court sustained the district court for
the State Of Washington in the matter Of
Mrs. Cue Linn and other Chinese whom the
Treasury officials on the Pacific Coast had
ordered 60 be deported. The court hello
that being dependents of Chinese already
lawfully in the country. they could be ad-
mitted without certificates.
decision announced by Mr.. Justice
White instructed the Court Of Private Land
Claims to dismiss the petition of Luis
Maria Ortiz for patent to the Sierra
Mosco land grant in New Mexico, vaTiousiy
estimated to contain from 3S coo to 1l5,O OO0
acres. The Supreme Court said there was a
failure by claimant to establish the grant
In the case of John Z. Roller Us.
Stephen Hally, from the Fourth Supreme
Judicial district of Texas, Mr.. Justice
Brown announced that in the opinion Of
the court five days was not sufficient time
to give a resident Of Rockingham county,
Va. in which to answer summons Of
court in Limestone county. Tex.
4 petition for a writ of certiOrar to th1
Court of Appeals for the Second Circuit was
made by former Speaker Reed, on behalf
OF the Westinghouse Air Brake Company
to bring up the record in the case of the
Westinghouse Company against the New
York Air Brake Company a suit invOlv-
ing the patent for a brake, manufactured
by the former. Solicitor General Richards
suggested, on behalf Of the United States,
that the petition he granted, the Patent
Ofice desiring to have the law in the mat
ter settled.
The petition on the part of the people
of the State Of Illinois for a writ Of
Certiorar TO the Court of Appeals for the
Second Circuit. to renew the litigation
over tho Chicago lake front. claimed by
the Illinois Central Railroad Company
was denied. The case is pending in the
court on appeal. and the petition for
the writ was filed out OF caution for fear
the appeal would not lie
JUDGE BENFDICT'S CLAIM.
The United states supreme Court De-
IL