The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-15

Safe Cure.
of the commissioners Of Muskingum Coun-
ty, Ohio. They had been convicted under
the terms of river and harbor act for
not removing or changing an obstacle to
navigation when ordered to do SO by the
Secretary of War. Without regard to
their responsibility in the matter Mr..
Justice Harlan said the evidence showed
that they had no money with which to
make the improvement and that they could
have had none within the period pre-
scribed by the Secretary of War for its
accomplishment, and under those condi-
tions they should not have been convicted.
A Lien ON Deposits
In the case of William Conway VS.. The
Receiver of the Chestnut Street National
Bank of Philadelphia. from the Supreme
Court Of Pennsylvania, Mr. Justice Harlan
said that the failure of bank did not de-
prive man of his lien upon deposits or
collateral held by it, but he could not
foreclose the lien. His remedy is with
the Comptroller of the Currency.
Mr.. Justice Harlan, in the case Of c. w.
Smith, receiver OF the Atlantic and Pacific
Railroad VS.. Truman Reeves, Treasurer of
the State of California, sustained the con-
tention of the State that its consent to
be sued In the courts OF Sacramento COun-
ty in tax cases under certain conditions
did not mean that It had consented to be
sued by it's Treasurer in the Federal
courts in the State.
Chief Justice Fuller announced a re-
versal of the judgment of the court for
the Southern district Of Florida, deliver
ing the Spanish bark. Carlos F. Rosas, 10
her claimants. The vessel cleared from
Montivedeo with cargo OF jerked beef
and garlic valued at s30.644. March Is.
1883. and was captured off Martinique May
II. by the cruiser New York. Claimants
asserted that the cargo was the property
of neutrals and therefore exempt from
condemnation The burden of proof on
such a contention, the Chief Justice said,
was on the claimants. and the court did
not think they had made out their case.
The judgment of the court below was re-
versed and the cargo awarded to the United
States Mr.. Justices Shiras and Brewer
dissented.
William Boyle's petition for writ of ha-
beas corpus based on a claim that he was
confined In the famous stockade at Ward
ner. Idaho, built at the time Of the Occur
D'Alene labor troubles, by Bartlett Sin
clair. Governor Steunenberg's representa-
tive. was dismissed In the Supreme Court
yesterday 1t had come to the ears Of the
court that since the fling of the petition
Boyle had been released.
A writ of certiorari was granted in the
case Of William L. Moore vs.. The Sun
Printing and Publishing Company to bring
UP to the Supreme Court for review the
judgment of the Court CT Appeals for the
second circuit in the matter Of the loss
of the steam yacht Kanapaha at the close
OF the Spanish war.
The Kentucky Case.
Although expected no decision was rem
dered by the Supreme Court in the Ken
lucky gubernatorial contest, in which ".
S. Taylor is attempting to prevent J. c.
W. Beckham from exercising the office OF
Governor of the State. 1t is not known
when the decision will be handed down,
though 1t is not thought that it Will be
delayed very long.
Attorney General Griggs yesterday asked
leave OF the Supreme Court to file suits
against the States of Florida, Louisiana,
North Carolina, and South Carolina for
the recovery of certain sums due from
them to the General Government growing
out of the settlement of accounts between
the States and The United States author
lied by Congress some time ago. From
Florida S137 1886 is claimed; from Louis
lana. $25. 900: from North Carolina, Sil 600:
from South Carolina. sl25.000. These ac-
lions are instituted by the Attorney Cen
eral at the request OF the Secretary of the
Treasury. in execution of the requirement
of the fourth section OF the act of Con-
gress approved March 3. 1899. entitled
AN act to amend an act to reimburse
the Governors of the States and Terrific
ries for expenses incurred by them in aid
ing the United States to raise and organ
ize and supply and equip the volunteer
army of the United States in the existing
war with Spain, and authorizing the bring
ing of suits to collect claims against such
States as are indebted to the Govern
ment."
The stocks and bonds which form the
foundation of these proceedings are those
which were originally held by the Secre-
tary OF the Interior as trustee for the ben
eft OF certain Indian tribes commonly
known as the Indian trust fund.-" the
purchase whereof had been authorized by
the various acts of Congress under va
rious treaties had with various Indian
tribes. These stocks and bonds not hav
ing been paid at the respective dates of
their maturity. and the interest thereon
not having been paid. the United States
redeemed the same by paying to the In
dian tribes the value thereof and subro-
gated itself to the rights of the Indians,
and by the Indian Appropriation act of
August 10. 1894, these bonds became the
absolute property of the United States.
1t is to enforce the payment of principal
and interest due upon these stocks and
bonds that these suits have been insti-
tuted In the original jurisdiction of the
Supreme Court OF the United States, that
being under the Constitution of the United
States. the only form in which the Federal
StntA
The Supreme Court adjourned yesterday
until Monday next. Chief Justice Fuller
announced that at that time it would adj
journ until the 2sth inst. when it would
adjourn for the term.