Evening star., 1901-05-20
Adjourned Without Deciding the
Insular Cases.
PAY OF A RETIRED ARMY OFFICER
Matters of Local Interest Before
the Tribunal.
THE KANSAS-COLORADO SUIT


adjourned until next Monday without an
| nouncing an opinion in the insular cases.
The court will adjourn next Monday until
next October.
The pay of an army officer on the retired
list Is liable for aiimony, according to a de-
cision in the Suprem Court of the United
States today. This decision was rendered
by Justice Gray, and was in the case Of
Florence Audubon against Robert w. Shu-
feldt, retired surgeon with rank of cap
tain in the army. Shufeldt went into bank
ruptcy, and in the case Of the payment of
his alimony it was decided by Justice Hag-
ner while sitting in Bankruptcy Court Of
the District of Columbia that the pay of
retired army officer was in the nature of
gratu1ty, and could not be attached for the
payment Of alimony, court fees, etc. The
case went to the Supreme CourE'of the Dis
trict OF Columbia, and this decision was af-
lrmed. In the United States Supreme
Court Justice Gray reversed the decision
and remanded the case to the lower court.
with instructions that the be decided
In accordance with this decision.
Colburn Estate Relieved of Liability.
The Supreme Court rendered decision
IN the case of Robinson Colburn and others
VS.. Robert E. Grant, executor. and others.
This was an appeal from a decree Of the
Court of Appeals of the District Of Column
SAot "aiSiA dl1i ucu d uSCTee OI lNS S5u-
preme Court Of the District dismissing
bill in equity which had been filed in that
court. The complainants were legatees OF
Augustus G. P. Colburn, and then Trustee
Franklin H. Mackey against Robert E.
Grant, the executor Of the estate of George
Fitz James Colburn. a deceased trustee of
the estate Of Augustus Colburn, for an ac-
counting, it being alleged that there had
come into the hands of said trustee and his
co-trustee. both of whom We're deceased,
$2S,OO0 only 5000 of which had been ac-
counted for. The purpose of the bill was
to have the estate of George Fitz James
Colburn held liable for a defalcation by
John w. Taylor, who was united with Col
burn in the administration of trust estate
created by Colburns will. The court today
decided that as the record disclosed no in
tention to hold Colburn for Taylors de-
falcation till more than two years after
Colburn's death, and nearly six years after
that of Taylor, such failure tends to show
that the effort to SO hold him was an after
thought not entitled to the approval Of a
court of equity. The court then affirmed
the decree of the Court of Appeals which
relieves Colburn's estate Of any liability.
Decision Regarding Duty on Sugar.
Sugar shipped in a wet condition and
which dries out on an ocean trip to New
York, must pay the rate of duty according to
the latter rather than the original condition.
This principle was laid down by a decision
in the Supreme Court today in the case
OF the American Sugar Refining Company
appellant, against the United States, ap-
pellee. The lower court decided that the
appraisement should be in accordance with
the dry condition of the sugar when 1t
reaches New York, and the Supreme Court
of the United States affirmed that deci-
sion. This opinion will have quite a wide
effect in securing the higher rate Of duty
on the large amount OF sugar constantly
being shipped to New York from foreign
ports.
Russian Sailors Case Advanced.
The Supreme Court announced that the
case of Leo Alexandrof would be ad-
vanced on the docket of the court, to be
heard the third Monday of the next term
of court. Alexandroff was sailor on the
Russian vessel Variag, and is accused Of
deserting while the vessel lay in American
. waters.
The Kansas-COloradO Case.
Kansas will be allowed to file it's suit in
the Supreme Court to enjoin the state of
Colorado from DETECTING for irrigation pur-
poses the water of the Arkansas river to
the injury Of the former state. The decision
of the court to this effect was announced
today by Chief Justice Fuller who said
that the court had concluded to permit the
filing of the suit. The chief justice also
announced that the state of Colorado would
have leave to plead answer or to demur to
the Kansas bill.
SolOTduo HAS Sought 10 prevent lHe iuliS
of the suit because of it's effect on the irri-
cation interests of the Arkansas valley in
that state.
Alleged Cruelty of EIectrocutiOn.
Attorney General Knowlton of Massachu-
sets entered a motion to dismiss the case
of Luigi Storti, on petition for writ Of
habeas corpus, and coming to the court on
appeal from the decision Of the circuit
court of the United States for the district
of Massachusetts or to affirm the decision
of that court refusing to grant the writ.
Storti convicted in the state courts Of
Suffolk county, Mass, in 1901, of numbering
Michele Callucci and was sentenced to be
electrocuted during the week beginning
April Z. He then filed his petition for a
writ of habeas corpus on the ground that
death by electricity is "cruel or unusual
punishment within the Massachusetts
declaration of rights. The petition was de-
MED by both the state supreme court and
the federal district court. Mr.. Knowlton
based his motion to dismiss or affirm ON
the ground that Storti's proceeding Is friv-
olous and for delay. He contends that the
law providing for electrical execution is not
cruel or unusual punishment.
The motion was taken under Amusement.
Validity OF q State Law Upheld.
The Supreme Court affirmed the decision
of the supreme court of North Carolina in
the cases OF John P. Mailett and c. B. Me-
hegan. The cases are unimportant in them
selves. but they involved the validity of
the North Carolina state law granting an
appeal from the superior court of the state
in criminal cases arising In the eastern dis
trict to the state supreme court. The ef-
feet of tOdays ruling is to uphold the law.
No Drawbacks ON Beer Bottles.
The Supreme Court decided that bottles
and corks used in the manufacture Of beer
for export are subject to the imposition of
a tariff tax. The decision was handed
down by Justice Brown in the case of the
Joseph Schlitz Brewing Company against
the United States. coming to this court
from the Court Of Claims The claim orig
inally was made for a drawback on duties
paid on hops and barley, as well as on bot
ties and corks used in the manufacture of
bottled beer to be exported. The Court Of
Claims allowed the first item of the claim
and denied the second.
Justice Brown in handing down the de-
cision of the Supreme Court said the case
turned upon the point as to whether corks
and bottles are ingredients of beer. Plain
ly they were not. ''It may be entirely
true" the justice said in passing upon the
case, "that if this drawback be not al
lowed the duties upon bottles and corks
will preclude the manufacturer from COM