The times. [volume] (Richmond, Va.) 1890-1903, 1900-01-30
DECREE AFFIRMED.

Decision. of Supreme Court ish Case OF
sSout hern ls,y Co. vs. Carnegie Steel Co
& WASHINGTON Jan. %. --speclal,--The
SUnfted State Supreme Court, by .Justlcs
Harlan, to-day affirmed. with costs, the
decree of the United States Court. for the.
Fourth Virginia District, In the case OF
the Southern Railway Co. vs. the Carne-
gle Steel Co.. limited t 49,
The Carnegie Steel Co, June 10. 1891.
made a contract withtthe Richmond and
Danvilie Railway Company for the deltv-3
cry of Ger tain steel rails 4on board cars
at Bessemer, Pa, at $50 per gross ton,
for which the railway company was to
pay its notes at As months from date of
:shipm ent with interest, with tprtvflege OF
a second renewal for 5 months with s per
cent interest The Carnegie Company
further guaranteed that the freight on
the rails to Strasburg Va; should not ex-
coed s1.75 per gross ton If consigned TO
51Iynchburg, Va. The rails were all de-
livered between July Is. 1891, and October
10, same year, and the 9promfsOry notes
Of the Richmond and Danville Railway
Company given therefor The notes were
subsequently renewed, and did not ma
Eture until after the date of the. appoint
ment. of a receiver in this cause, at the
suit Of Clyde and others against the
Richmond and Danville Railway Com
pany. There still remains ,due an ,ac-
count to the Steel Company of the.Dum
OF S125, O67 80, with interest. By theA1aster's
account. filed in this cause. the claim
was allowed a priority of right over GER
tain of the bonds secured by the mort
gage foreclosed by the decree OF this
court and declared not to be prior to
the remainder of the bonds. To this re-
port exceptions were filed by trustees OF
the mortgage on the ground that the
claim had no legal priority whatsoever,
and by the claimants on the ground that
1t should have been allowed an equitable
priority over all the bonds.
The ourtAbelow sustained the appellees
exception to the Masters report and ac-
count, and over-ruled the exception field
by the trustees, and entered a decree for
the payment of the claim. From that
decree the appeal was taken.
Senate Committee on Claims to-day re-
ported favorably the bill to pay the Po-
tcmac Steamboat Compdhy $500 for ser
vices rendered the steamer Excelsior when
she was sunk by the United States Steam
Tug Fortune in Hampton Roads in 1852.
Senator Daniel to-day introduced bills
to pay the estate of John Berry COO
for supplies furnished the United States
Army during the civil war: to pay the
heirs Of William Pollock Soy, 224os for prop
ertys taken by Federal army; also the eS-
tate of John Johns $3.50 for the. value OF
forage used by the United States Army.
Senator Prltchard, of North Carolina,
to-day introduced a bill to pay Joseph
Ballard, late second lieutenant, North
Carolina Mounted Infantry, the full al
1owance Of second lieutenant from June
H. 1864. to February 10, 1865.
Representative Rixey, of Virginia, to-
day introduced bills to pay Henry NJ
Smith. Rebecca Tolson, John Compton
and W.. lamps. ;of Loudoun county. Va,
compensation for stores and supplies used
by, the Federal army.
These Virginians are In the city to-day:
S. w. Martin, Danville; Conrad Knowles,
Berryville: Charles S. Allen, Richmond;
J. w. Foster, Scuyler: A. J. Demand, Nor
folk, and S.. w. CoghiH and wife, Low
Moor.