Evening star., 1902-01-07
IN THE SUPREME COURT
DECISIONS HANDED DOWN YESTER-
DAY AFTERNOON .,-.,s
of New York Inheritance TIA,
Law-ReSulating Manufacture
of OIeOmarEarine.

Justice Shiras in the United States Su-
preme Court. yesterday. handed down an
opinion by that court in the case or Alex
ander E Orr against the controller OF the
state and the controller of the city OF New
York The case involved the validity OF
that portion of the New York state inherl-
tance tax law providing for an inheritance
tax upon stocks and bonds The case was
decided by the New York court of appeals
in favor of the law, and yesterdays opin-
ion confirmed that decision.
An OIeomargarine Case.
The Supreme Court yesterday confirmed
the judgment of the supreme court OF the
state of Ohio in the case of the Capital
City Dairy Company VS.. the state of Ohio
This proceeding involved the validity Of the
statutes of Ohio regulating the manufac-
ture and sale of oleomargarine. The case
was decided in favor of the state upon the
ground that the oleomargarine statutes are
police regulation, The opinion was rem
dered by Justice White.
Regulations on Steamship Tickets.
According to an opinion delivered yes
terday by Justice White, a steamship COM
pany whose business extends to the United
States cannot bind citizens of this country
by printed regulations upon passage tickets
which contrary to the policy of the
United States The question arose in con-
nection with tickets purchased by L. s.
Bleecker and Elsie L. Bleecker, wife and
daughter of a United States naval officer,
who purchased their tickets in Paris, for
transportation upon the steamship Ken
sington, sailing from Antwerp to this coun-
try. The tickets contained printed con-
dition in legible type limiting the amount
of baggage for which the company should
be held responsible to $50 for each passen-
ger. The baggage was much damaged, and
according to Justice Whites statement the
loss was due to improper storage Mrs.
and Miss Bleecker instituted this proceel-
ing to secure damages for the injury done,
and pleaded that they had not read the con-
ditions printed on the ticket.
An Insurance Requirement..
An opinion was yesterday rendered by the
Supreme Court in the case of the Northern
Assurance Company of London against the
Grand View Building Association of Lin
coin, Neb The case involves the validity
of a requirement of the insurance company
that the policy should contain a notation
of prior insurance. which contention the
court sustains. The chief justice and JUS
tices Harlan and Peckham dissented.
Land Grants Involved.
In an opinion handed down by Justice
Brewer. the cross appeals of the Southern
Pacific Railroad Company against the
United States and the United States against
the Southern Pacific company, involving
the validity of certain portions of the land
grants to the railroad company were de-
cided. The cases involved portion of the
Southern Pacific grant, which CONNECTED
with the Atlantic and Pacific grant The
judgment of the court of appeals for the
ninth circuit was reversed in both cases
and the case remanded with the following
instructions; ITO enter decree quieting
~ - = @ln TT,oit tot TO
undivided moiety in all alternate sections
within the place or granted limits of the
Atlantic and Pacific in California, so far
as those limits conflict with the like limits
of the Southern Pacific, excepting there
from those lands in respect to which there
has been some prior adjudication, and to
dismiss the bill to other lands without
prejudice to any future suit or action.
New Mexico Sustained.
Justice Brewer handed down an opinion
in the cross appeals of the United States
Express Company against the territory of
New Mexico, and the territory of New Mex
leo against the United States Express Com
pany. The cases involved the question Of
taxation in Valencia county, N. NJ, and
the territory requirement on that subject
was sustained.
Florida Tax Law Sustained.
The case of the Florida Central and Pen
insula Railroad Company against the con-
troIer of that state was decided in an
opinion rendered by Justice Brewer. The
case involved the power of the state to
compel a railway company to pay back
taxes The case was appealed from the de-
cision of the supreme court OF the state
sustaining the validity of the law, and that
decision was confirmed by yesterdays opin-
ion. Justice Brown dissented.
Damages for Injuries on Railways.
An opinion was delivered by Justice Nc
Kenna in the case of the Chicago, Rock
Island and Pacific Railroad Company
against Bertha Zernecke administratrix of
Ernest Zernecke, and also in the case of
the same company against Webster Eaton,
administrator of the estate of ]. r. Mat
thews. These cases involved the constitu-
tionality Of the state law of Nebraska, pro-
viding that persons injured on a railroad of
that state should be awarded damages in
cases not caused by the criminal negligence
of the passenger. The court sustained the
law.
A New Mexico Land Grant Case.
The New Mexico land grant case of Pablo
Maese and others against Secretary Hitch
cock and General Land Commissioner Herr
man was decided in favor Of the govern
ment The contention was over an act of
Congress confirming the grant, and the va
lidity of this act was challenged by the ap-
Bank Forfeited Protection.
Chief Justice Fuller delivered an opinion
in the case of the Guarantee Company of
North America against the Mechanics
Savings Bank and Trust Company Of Nash
vile, Tenn. The bank atte mpted to hold
the guarantee company a bond given
by it for the proper conduct of a man
named Schardt, who was first teller and
then cashier of the bank, and who abstract
ed $1OOOOO of the funds of the institution,
but the court held that this could not be
done on the ground that the bank had for
feited all protection through the careless
ness of its officials in failing to notify the
guarantee company the Schardt was spec
ulating, as the contract required that they
should do in case they became aware of
such conduct on his part.
The United States Supreme Court by
a divided court affirmed the decision of
the United States Circuit Court of Ap-
peals in the case of the United States
against the steamship Laurada. The Laur-
ada was seized by the government authori-
ties before the beginning of the war with
Spain on the ground of violating the neu-
trality laws. The decision of the court
is favorable to the steamship.
Kentucky Railway Cases.
The court, in an opinion handed down by
Chief Justice Fuller, reversed the findings