Evening star., 1902-02-25
IN NTHESUPREMEC0UR
Some Of the Opinions Handed
Down.
OHIO TAX LAW UPHELD
ASSESSING SHAREHOLDERS OF
INSoLvENT BANKa
Argument Begun In the Case Of Kan
sas Against Colorado Collisions
With Naval Vessels.

Chief Justice Fuller Of the United States
upreme Court yesterday delivered the op.n-
ion Of that court In the case Of Terlinden
vs.. Ames. This was an extradition pro-
ceeding involving the status Of the kingdom
Of Prussia since It's Incorporation into the
empire Of Germany. Tertinden is a citizen
Of Prussia, and consequently Of Germany.
and was apprehended in Chicago. where
the German authorities made due applica-
ton under our treaty with Prussia of 1852
for extradition for an offense committed in
Prussia. The proceeding was resisted on
the ground that the absorption Of Prussia
had had the effect Of nullifying the treaty.
and on this account application was made
application was denied by the lower courts.
and this opinion was affirmed by yeSter-
days decision. Chief Justice Fuller said
that Germany had continued to recognize
the treaty, and that the fact that the king
dom Of Prussia had become a part of the
German empire did not have the effect OF
destroying the identity Of Prussia.
Ohio Tax Law Sustained.
An opinion was handed down in the case
Of the Cleveland Trust Company VS.. the
treasurer of Cuyahoga county, Ohio, in
volving the method of levying taxes on the
shares Of q corporation under the Ohio
statutes. The opinion was handed down by
Justice McKenna, who sustained the state
law affirming the decision of the court be-
low.
An opinion was delivered by Justice Peck
ham in the case of the United States vs..
Ewing. Ewing was at one time postmas-
ter In a town in Alabama. and he brought
suit to compel the payment Of a difference
of 81, ,264 in salary under the act Of 1881
The court Of claims decided the case in his
favor, but yesterdays opinion reversed that
finding thus sustaining the practice of the
Post Office Department.
Chief Justice Fuller delivered the opinion
OF that court In the case Of O'Brien ct al.
vs. John g. Wheelock and others, coming
to the court on a writ OF certiorari from the
circuit court Of appeals for the seventh cir
cult. The case Involves the act OF the I'LL
nofs legislature Of 1871 concerning the con-
| struction Of drains, bitches, ETC., and per-
Pike and other counties In southern Illinois
The claim was for moneys advanced on
bonds for that improvement. The case was
| decided against the bondholders In the cir
cult court OF appeals. and that opinion was
confirmed by yesterdays opinion, the court
holding that even II there had been any
ground Of relief on the theory Of implied
| contract the want of diligence presented
| an insuperable bar to its assertion.
The Controller Sustained.
In passing upon the case Of Clement Stu
debaker against John Perry, receiver Of the
| affirmed the opinion Of the court below
The question involved In the case was
whether the controller Of the currency, act
| ing under the national banking laws, can
validly make more than one assessment
| upon the shareholders Of an insolvent ma
tional banking association. two assess
ments having been made against Mr.. Stu
debaker in this case The court held that
| several assessments could be legitimately
made If necessary.
| In the case of E. w. Voight against the
| city Of Detroit, involving the constitution
ality of the law authorizing that city to
create districts for street improvements, an
| opinion was rendered upholding the law
and affirming the opinion Of the court be-
| low.
Kansas VS.. Colorado.
Argument was begun in the case In
| which the state Of Kansas undertakes to
| enjoin the state Of Colorado from further
diversion Of the waters Of the Arkansas
| river for irrigating purposes. Kansas
| claims that $50. 600 GOO worth of property Is
damaged by Colorado's use Of the water,
and Colorado urges that the owners of land
along the river have right to use the wa
ter.
Collisions With Warships.
In the case of the United States against
the st. Louis and Mississippi Valley Trans-
portation Company the court decided that
the United States Is responsible for dam
age done In collision with it's war vessels
when such collision Is due to the negligence
Of officers Of the vessels Of the United
States. In this case the TRANSPORTATION
company asked for damages caused to the
towboat Future City by collision with
the Atlanta and the Galena. both United
States vessels, In the harbor Of New Or
leans I'm 1888.
An opinion was handed down in the case
of A. H. Waite against the city Of Santa
Cruz Cal, involving the validity Of bonds
issued by the city for the construction of
waterworks. The circuit court Of appeals
for the 9th circuit decided In favor Of the
city. Justice Harlan's opinion reversed that
finding.