New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-16
GREAT CASES ADVANCED.
CONSTITUTIONAL. QUESTIONS BEFORE
THE UNITED STATES ST.
PREME COURT.
SUITS TO SETTLE STATUS OF NEW POS
FOR HEARING ON NOVEMBER II.

FOR HEARING ON NOVEMBER l.
Washington. Oct 15.-The Supreme Court Of
the United States to-day granted the motion
OF the Government TO advance the Nicely cases,
and assigned them for hearing on November j.
The cases came up from the Federal Court OF
New-York on the decision Of Judge Wallace
denying a writ OF habeas corpus. The Govern
ment is anxious for a decision which will settle
the constitutional questions involved.
The court also assigned for the same day the
two cases which involve the great question as
10 whether the Constitution extends over the
new possessions of the United States. One is
the case of Goetze a New-York tobacco i'm
porter, appealing from decision of the United
States District Court for the Southern District
OF New-York affirming the decision OF the Board
OF General Appraisers making tobacco dutiabie
under the Porto Rico Tariff act.
The other comes TO the Supreme Court under
the title Fourteen diamond rings against the
United States" 1t comes up appeal from the
Federal Court Of Illinois. One Peke. a soldier
Of a South Dakota regiment which served in
the Philippines, is he claimant. When he re-
turned home from the Philippines he brought
the diamonds with him. They afterward were
seized by the Federal authorities in Chicago
and conhscated as struggled goods. Through
Peke's agency suit was brought to recover them
on the ground that the Philippines were part
of the United States within the meaning of the
Constitution, and that no impost duty could be
levied; that the diamonds were not dutiabie,
and therefore were unlawfully seized. The
lower court in both instances sustained the
action of the Federal authorities.
DECISIONS HANDED DOWN.
The court to-day handed down several de-
cisions. In the case of AmeIie Saxlehner against
the Siegel-Cooper Company, Louis Marquet'
Alexander Nielsen and Rudulf Gels five actions)
TO enjoin the use of the trade mark "Hunyadi'
the court reversed the decree of the United
States Court Of Appeals, Second Circuit, and re-
manded the case to the lower court for the re-
instatement Of its decision. except as to the
seizure Of bottles and labels where the court
held that the defence of laches did not hold
The lower court had found for the defendants on
the ground Of laches and abandonment The
court laid down the general rule in this case
that where trademark has become common
property in a country, as was the case mere
there could be cause of action.
In the case OF Daniel Gray Wiley. plaintiff
IN error, against Sinkler and other election Off
GERS of South Carolina, for refusing to allow
the court held that Wiley's right to vote for
member Of Congress was undoubted but.
the plaintiff having failed TO register, that de-
feet was fatal The judgment of the lower
court was affirmed.
In the case Of Oscar r. LOCKER ct al. against
the Acknowledgement of Michigan involving the
mode of electing directors for corporation
cumulative voting, the court affirmed the de-
cision OF the Supreme Court of Michigan that
such voting did not impair the obligation Of
contracts.
LAST OF THE LA ABRA CLAIM
The case Of Alice We'll against the United
States was dismissed motion of the plaintiff
thus ending the legal side of the famous lti-
cation over the La Abra mining claim, which
was settled finally by the decision Of the court
last winter This case was the last one on the
docket relative TO that claim
The court advanced the case OF Homer Bird,
who was convicted Of murder by the District
Court Of Alaska to the second Monday in De-
cember.-- Bird is from New Orleans, and while
his way to Alaska with some companions
quarrelled with them the division of food
and killed of them. He convicted of
murder and is before the Supreme Court
as a plaintiff in error.