Evening star., 1902-05-20
IN THE SUPREME COURT
A CASE COMING FROM THE SPAN
ISH WAR.
Countervailing Duties on Sugar-Cou
pons on Tobacco Packages-Vot-
ing Privileges in Tennessee.

| Justice Shiras Of the United States Su-
preme Court yesterday delivered the opln-
| ion of the court in number of cases OF
| libel against the steamship Styria, the cir
| cumstances of which arose during the war
| with Spain. The Styria was preparing to
| sail from Sicily with a cargo of sulphur.
when Spain issued a proclamation OF war
| declaring sulphur to be contraband of war.
The captain of the vessel Immediately dis
charged his cargo, which was afterward
taken to its destination by another vessel.
In the meantime however. the cargo had
deteriorated, and the libel proceedings were
begun. The court decided the action Of the
shipmaster to be proper precaution.
Countervailing Sugar Duties.
The court granted a writ Of certiorari
to the circuit court Of appeals for the
fourth circuit In the case Of Robert E.
Downs. The case involves the tariff con-
tention on sugar between the United States
and Russia. Immediately after the petit
tion was granted a motion to advance the
case on the docket was filed by counsel for
Mr.. Downs, in which the solicitor general
concurred. In the brief in support of this
motion the statement is made that the ef-
feet of RuSSia'S retaliation because of the
countervailing duties imposed by this gov
ernment on Russian sugars has been to de-
stroy the larger part of our trade with
that country, and it is argued that if the
decision of the Supreme Court should re-
suit in the removal of the counteryailing
duty the friendly trade relations between
the two countries would be restored. The
court will probably hear the case early
next term.
Coupon Prizes on Tobacco Packages.
| The court. through Justice Brewer, an
sWered questions submitted to it in the case
of Emanuel Felsenheld against the United
States by the United States circuit court
OF appeals for the fourth circuit The uues-
ton related to the validity of the federal
law prohibiting the attaching to tobacco
packages of other articles than the manufac-
turers wrappers and labels. In this case
tnere was a coupon promising a prize to
the holder. and one of the questions was as
TO whether such coupon comes within
the prohibition of the statute. The other
question was whether the statute Is con-
Sututlonai. Both inquiries were answered
| In the affirmative.
Circuit Court Reversed.
Ihe court reversed the decision of the
| circuit court of the United States for the
| eastern district of Tennessee in the case
OF Thomas Swafford vs.. w A. Templeton
| and others. Swafford claimed that his
voting privileges at a national election had
] been denied by the officers of election be-
cause ne had failed to comply with the
Dortcn law. a state statute The court be-
| low dismissed the case for want of iuris-
| dlction. claiming that there was no federal
question involved.
Timber on Public Domain.
Inc court affirmed the opinion of the su-
preme court of Arizona in the case of the
united states vs. the Copper Queen Mining
company. The case grew out of the use
OF timber said to have been cut on the
public domain by the mining company, the
TIMBER being valued at s1S3OOo The min
ing company contended that the taking of
the timber was authorized by law. and the
effect of the decision is to uphold that CON
tention.
Lee Lungs Case Dismissed.
The court dismissed for want of jursdic-
ton the case of Lee Lung VS.. ]. l.. Pat
| terson. United States collector of customs
| at Portland, Oregon. Lee Lung is a Chinese
merchant. who. after a short residence in
the United States. returned to China and
Drought back with him one of his wives,
OF winch he had more than one and a
daughter by another wife. The party were
denied admission under a ruling of the
treasury Department and sued out writ
OF habeaS corpus to the District court for
the district of Oregon. The court refused
to entertain the writ on the ground that il
could not review the order of the executive
9epartment. Todays opinion affirms that
| decision. Justices Brewer and Peckam dis
Sented.
California Law Upheld.
! The court affirmed the decision of the cir
cult court of appeals for the ninth circuit
| in the case of Frederick Williams vs. Geo.
c. Gaylord. involving the validity Of the
! statute of the state of California probib-
| iting the directors of corporations from
mortgaging the property of such corpora
uons without the consent of the stock
holders The decision sustans the law.
BOARD OF TRADE EXCURSION