The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-23
NOT HELD AS A DESERTER
Russia Claim Against AlexandrOff
Not Sustained.
A Decision of International Import
nnce by the Supreme Court-FH'o
1pinious ON state Quarantine
Cnses-Cnrtcr's Application Denied


A case of international Importance came
| up in the Supreme Court yesterday on an
application for writ of certiorari to
bring before it the Judgment of the Cir
cult Court of Appeals, affirming the de-
cision of tile United States Circuit Court
for the eastern district of Pennsylvania
| in granting writ of habeas corpus, as
charging Leo Alexandroff, who was ar
rested as deserter from the Russian
cruiser Varias, recently built at Philadel-
phia. The case involves the construction
of the treaty between the United States
and Russia and the question of Jurisulc-
tion of consular courts.
Alexandroff as assistant physician. was
part of the crew brought to the United
States to man the cruiser. He deserted
| last April. was arrested, and sent to the
! Philadelphia County pri@ou, on n warrant
issued the application of the Rus
sian Consul there He was subsequently
discharged on Il writ of habeas corpus
on the ground that the Variag was not
then a Russian ship of war, and that
| Alexandroff was not at the time of his
dcsertion member of her crew. On APP
peal to the Circuit Court of Appeals the
Judgment was sustained. although all
three Judges held different views on the
matter.
In addition to the question above noted
counsel for the Russian Consul here asked
the Supreme Court to hear the case for
the purpose of determining whether good
faith and international amity. aside from
all treaty stipulations, do not require the
surrender Of Alexandroff as a deserter.
Solicitor General Richards gave notice
of the intention of the Government to file
a brief in reply.
Two cases involving the constitution
ality of State quarantine laws were de-
cided in the affirmative. One of these was
the appeal of w. f. Smith from the judg-
ment of the Supreme Court of Texas in
favor of the st. Louis and Southwestern
Railroad Company, the plaintiff contend
ing the Texas quarantine laws were un-
constitutional as being an infringement of
the freedom of commerce between the
States The trial court and the Supreme
Court of Texas sustained the legality of
the regulations and the Supreme Court
sustains this view. The question at issue,
said Justice Mckenna, was to what ex-
tent the police power of the State could
go without conflicting with commerce be-
tween the States.
The court was of the opinion that the
Texas quarantine regulations lid not go
beyond the point where it would inter-
fere unjustly with that commerce JUS
tices White, + arlan, and Brown dissentet
They did not think the railroad was JUS
titled in setting up quarantine regulations
as a defence of their failure to meet their
obligations common carrier. Then,
too. there was nothing in the record to
show there was any infectious disease in
the State of Louisiana, from whence the
cattle We're shipped, the regulations stat
out in that State.
In Cuba, said Justice Brown. yellow
fever was "liabl3 to break OUT at any
time especially in the summer months
and if the fact that contagious disease
was liable to break out In "A certain
locality We're sufficient To Justify a quar-
antine against such locality, then IL was
States might quarantine against Cuban
OF other West Indian ports. The Texas
regulations were too broad, and were not
justified by the statutes.
The other quarantine case was the ap-
peal OF r. s. Wilson from the Judgment
of the Supreme Court of Idaho uphoIciing
the quarantine regulations of that State
against sheep. This Judgment was also
| affirmed.
A case involving the question as to the
| impairment of the obligation of contract
by State legislation was that OF II. L.
Bedford and wife. of Memphis, Tenn.
against the Eastern Building and Loan
Association of Syracuse, n. Y. Bedford
was member Of the association and bor-
rowed money fiom it and when he de-
faulted in payment Of the notes given set
UP the plea that the association had not
complied with the act of the Tennessee
Legislature requiring such outside asso-
ciations doing business in the State to
deposit bond The court below held that
the obligation of Be6iord's contract with
the association was not impaired by its
failure to comply with the act of the
Tennessee Legislature and Judgment in
favor of the association was affirmed
The court denied the application OF
Oberlin NJ. Carter for writ of habeas
corpus to release him from the Fort
| Leavenwo1h penitentiary pending a hear
| ing of his appeal from the sentence of
| five years Imprisonment imposed by
| court-martial No notice was taken of
the application of Carter's counsel to
strike from the record as Irrelevant and
scandalous,' the brief of Solicitor General
Richards in opposition to the application
for a writ of kabeas corpus.
The application of the American Sugar
Refining Company for a writ of man
damus to review the decision of the Beard
of General Customs Appraisers and the
| regulations established by the Treasury
Department in regard to polariscopic
classification of sugar was also denied.
The sugar company claimed that under
the regulations they were compelled to
pay higher rate Of duty than was
proper.
Application was made to bring before
the court for review the decision of the
the courts below in a case involving the
liability to duty of that portion of the
cargo of a vessel which has been dam
aged or destroyed before the vessel reach
ed the United States. The case was that
| of a cargo Of pineapples imported at Bal
timore. the collector assessing fun value
| on the entire shipment. while the con-
signee appealed TO the United States gen
eral appraisers against paying the duty
on that portion damaged destroyed
The appraiser sustained the contention
of the importers. but this was reversed
by the United States District Court The
| United States Circuit Court of Appeals
| porters yesterday asked the Supreme
Court to review that Judgment.
/ The case is Of Importance to importers
| az a determination of the question wheth-
| er articles. by reason o! total destruction,
never actually brought unto the United
States and never received by the import
er should nevertheless be subject to duty
| as damaged merchandise.
An admiralty case involving the liabili-
ty OF shipownerS under the provisions OF
| the Harter act was decided in favor of
the shippers against the International
! Navigation Company the judgment Of the
courts below being affirmed.
The Farr * Bailey Manufacturing Com
pany sued to recover the value of twenty
bales of burlap shipped by the steamer
! Indiana, and which were DANA ged by
| water coming in through "A port hole acci-
IDENTIFY left open. and judgment was found
| for the manufacturing company.
Chief Justice Fuller announced a recess
of the court from Eext Monday until May
! Is, and that on May y the court would
! adjourn until October.
CONSTRUCTION TO PROCEED.