New-York tribune., 1903-02-03
SUPREME COURT DECISIONS.
National Banks Not Subject to State Laws
Justice Holmes on a Poster Case.

Washington, Feb. 2.-The case of Easton agt.
the State of Iowa decided by the United States
Supreme Court to-day In favor OF Easton thus re-
versing the Supreme Court of the State. The case
involved the applicability OF State laws regulating
State banks to national banks. In this instance
the president of national bank at Decorah was
sentenced to five years imprisonment under the
State law for accepting a deposit of 500 when he
knew his bank to be insolvent. The decision was
delivered by Justice Shiras, who said that State
laws for the regulation of banks do not extend to
banks incorporated under act of Congress. An
nouncng the conclusions Of the court, which, he
said, based on principles and authority, JUS
tice Shras said:
That Congress, having power to create system
Of national banks is the judge as to the extent OF
banks, and has the sole power to regulate and con
has directly dealt with subject of Insolvency Of
such banks by giving control TO the S SecreIary % 0i
VINO are authorized to suspend the operations t OF
beeome fne nsoIven or when they fail to make good
any impairment of capital; that full and adequate
ereditors of such institutions by requiring frequent
of to Pe aaG bT 0I edera oe that not
competent for State legislatures TO lnter[erf; i+
national Banks or their officers in the exercise of
the powers bestowed on them by the general gov
Undoubtedly State has the legitimate power to
Geh to m pes6ns pga WSn its W jgrfsdction So likewise
it may declare by special Avs eerta1n an & afLs 20 oT or
agents of its banks and institutions. But 1t IS
applicable to banks organized and operating under
the laws of the United States
The celebrated Kansas insurance case, which grew
out of the alleged death of John W. HHlmon IN
that State In 1879 sent back to the trial court
for the sixth trial Hillmon's life was insured IN
the Connecticut Mutual Life Insurance Company
for s35 900, and when his death was reported pay
nent of the policy resisted on the ground mat
he entered into conspiracy with others to o1s-
appear have the report circulated that he was
suhS I'm
demand payment the policy Hilmon disappeared
while travelling the plains with man named
Brown who swore that Himon had been Killed
bv the accidental discharge Of gun The case
has been in the courts ever since The CIRCUIT court
of Anpeals for the Eighth Circuit at the last hear
ing decided the in favor of the tiaim OF the
widow of the insured man. but the supreme court
reversed the opinion the ground OF errors In tne
trial The opinion delivered by Jusuct bro"h'
Justices Brewer and White dissenting
In an opinion handed down by Justice Holmes the
court decided that chrome lithographic posters Oh
circus are properly protected by the copyr1snt a"
Justice Holmes said that the ballet is as lesluldce
q snbiect of illustration as any otner- Inc opli-
ion reversed the finding the Circuit Court of Ap-
Meals for the Sixth Circuit. The case was that OF
RIeistein agt Donaldson and was brought to ESe-
vent the infringement of copyright. Justices Har-
Ian and McKenna dissented copies OIL the PoStefS
were exhibited by Justice Holmes
In his opinion Justice Holmes quoted fSushih d
TO the merits of Autographs. and said;
The constitution does not limit the useful to that
which satisfies immediate bodily neeqs +bt Ete fat II
the nictures have been drawn from Hle Itldt tdcI
ouid not deprive them of protection Inc oppo-
site ProposIoW oT Whistler was common property be-
cause others might try their mana on LnG s fhav
are not free to copy the copy: The copy Is the
personal reaction OF an ndiVidua6 upon nn6ne +
expresses its singularity even IN nanSwaltng d anu
very na modest s 6ns graae ans 81 alone That Something
he may copyright unless mere is stT,ction If is
not nee to be- found in limited preensons Of these
par ore orgnaty in it than directories and the
like which may be copyrighted A plc.ure - ,ioi1
tnevFbt tne LESS the Petuff is used @ an
And if pictures may be used to adveatse soap ra "
hev the mav be used to advertise circus OF course
the ballet legitimate subject 1or ILLUSTRATION
any other
couoitor GaneraI Richards moved the advance
noent of the hearing of the Spanish fishing smack
prize cases. which filed in the court last sat
urday. He gave his reasons for the nouoh aS
follows:
are The n9pe 9p9s0nSd and are IN their
They affect the one hand citizens anse ol ef
their calling. are to be regarded under the pre-,
y9a xc G fH1 msy
Termination Of their claims ae % ez aW that
0ot 0o the the Uag eaptnrng @ naval
baa ges1 sde wh tn
and damages have been allowed This Liability
nnon meritorious officers whose error was due to
Ignorance and not malice should also be promptly
determined in order to apprise them with as Httie
deav as possible OF the sums with Whch they
ore saveraily chargeable; on the other hand 10
1eIiaye them seasonably from doubt and the bur
don Of the liability If the court shall be of opn-
ion that the government itself is liable
F. P Johnson, of ST. Louis moved to advance
the case of Preston Hill, OF that city. against Gov
ernor Dockery and other members of the Missouri
State Board OF Equalization charging discriInina-
ton In favor of st. Louis corporations in taxation
for ADJ
that the interests involved extend to the entire
taxable property of the character designated in the
State and are not confined to the sum of Ssi 2530I5
the value of the same in ST Louis which latter Is
several times exceeded by the former. The State
of Missouri will be greatly embarrassed in the
collection of its revenue and subjected to great
loss unless the case be heard at an early day
The court to-day took recess for three weeks