Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-04-08

|NTREsURREMEc0URT
Decision on Appeal Of Jane
G. Hitz.
MAY REDEEM PROPERTY
THE CASE OF KANSAS AGAINST
COLORADO.
Demurrer Overruled-Remarks Of the
Chief Justice-A Number Of
Other Decisions.

In the United States Supreme Court yes
terday afternoon Mr.. Justice Harlan deliv-
cred the opinion of the court In the case Of
Jane c. Hitz, appellant against John Story
jerks and others. The decree of the Court
of Appeals of the District was reversed,
and the case was remanded to that court
with directions to reverse the decree of the
Supreme Court of the District.
The property involved in this suit is
located at the northeast corner Of 9th and
G streets in this city, in which the appel
liant asserts ownership, subject to the lien
of a deed Of trust. The heirs-at-law and
devisees of the late William P. jerks also
assert ownership In virtue of a conveyance
to him at deed Of trust sa4e, such pur-
chase having BEEN In fact for the benefit
OF jerks, IN whose favor the deed Of trust
was executed This land had been inherited
by Mrs Hitz from her father after her
marriage to John Hitz in 1856.
Inc controlling question presented on the
appeal to the United States Supreme Court
is whether the sale under that deed of trust
stands in the way of the redemption of the
property by Mrs. Hitz upon her paying the
debt secured by the deed Of trust In re-
yersing the decision of<the lower court the
United States Supreme Court holds that
Mrs. Hitz is entitled TO redeem the property
by paying such sum as may be due on ac-
count OF the debt to secure the payment for
which the deed of trust was executed.
The Case Remanded.
In the United States Supreme Court an
opinion was delivered yesterday by Justice
Brewer in the case of Pine and others
against the city of New York and Control
Ter Bird s. Coler, involving the right of the
city to appropriate all the water of a
stream along which the compainants re-
sided. The case was decided against the
Of lie hut
yesterdays opinion reversed that finding
and remanded the case for further hearing
with instructions to consider the question
of damages.
Demurrer Overruled.
The United States Supreme Court, in an
opinion delivered by Chief Justice Fuller
yesterday overruled the demurrer of the
state Of Colorado in the case Of the state Of
Kansas agt. the state of Colorado The
case involves the right of Colorado to ap-
propriate for PURPOSES Of irrigation the wa
tiers of the Arkassxs 'Fiver. which Kansas
sought by an original action to restrain on
the ground that the stream flows through
Kansas and the people of the latter state
are injured by Cplorados appropriation of
the water. Colorado fdn infested the jurisdic-
ton of the courS1nIthe case and filed a
demurrer.
The chief justice said that the case is one
in which the court can properly assume
jurisdiction. He, sa id ALSO that the action
of the court in oyifrruling the demurrer was
intended to be without prejudice but was
taken because the Importance Of the case
is such that it shpuld not be decided with
out full proof on he questions set up in the
allegations of damage made by the state
of Kansas. q,
Against ID Erie Railway.
The court dismissed, for want of juris-
dicten, the case of the Erie Railroad Com
palay, against AihertT y: 1enrdg, coming to
the court from theSsupreme court Of New
York on writ of error. There were orig
inally twenty-one. actions brought by
Purdy against the railway company foc
failure to sell mileage tickets under the
New York mileage brokerage Jaws of 1895
and 1895. The case was decided against
the railroad company by the New York
courts and the latest action has the Ct
feot of affirming that action. The Supreme
Court held that it had no jurisdiction in
the case.
Against Sugar Bounty.
In the Supreme Court yesterday Chief
Justice Fuller delivered opinion decln-
ing to consider the case Of the Michigan
Sugar Company against Roscoe D. Dix,
auditor general of the state of Michigan,
on the ground that no federal question is
involved. The case was an effort to secure
the bounty on beet sugar offered by the
state under state laws of 1897 and 1898
which the state supreme court held to be
unconstitutional. The, opinion practically
aftirms the state courts opinion.
Against Admiral Rodgers.
The Supreme Court has affirmed the
opinion of the court of claims in the case
Of Admiral Frederick Rodgers. The case
was a question of the difference of pay
under the navy personnel act of 1899. He
was appointed a rear admiral In that wear
and from then until 1901 was one of the
nine rear admirals of lower rank He re-
ceived the same pay as brigadier gen
eral in the army while on sea duty and is
per cent less while on duty on shore. Suit
The decision is both courts was against
him.
Arrears Of Ground Rent.
The Supreme Court has. through Justice
Shiras. delivered an opinion in the case
Of Jennie M. Wilcox, Administrative,
against Odom Isemnger, involving the
question of arrears on ground rent in Phil
adelphia under the state law Of 1855. The
court held that where no payment on de-
mand was shown to have been made for
more than twenty-One years, the question
must be considered at rest thus affirming
the decision Of the state supreme court Of
Pennsylvania.
Tax on Merchandise Brokers.
The Supreme Court decided the case of
B. A. Stockard and others against Clint
Morgan and others raising the question Of
the validity of the Tennessee statute pro-
viding for the collection of privilege tax
on merchandise brokers. The broke rs
Stockard and others, coiitended that their
business consisted solely in taking orders
for outside firms tapdsrhat. therefore the
state law is an interference with /, ter
state commerce and rrcont RAJ ention of the
national Constitution1 The decision rem
dered, which was ANNOUNCED by Justice
Peckham sustained shis view, reversing
the decision Of the Supreme court CT the
state of TENNESSEE on
FALSE PEss4tenses.