The Montgomery advertiser., 1903-03-04
OLD CASE IS SETTLED
THE BEEBE-HENSHAW MATTER
 FORMALLY DISMISSED.
Litigation Over Montgomery Prop erty of Many Years Standing Ended by an Act of Fed
 eral Congress.

The old Beebe and Henshaw cases. which have been before various courts of the United States for 90 years were yesterday dismissed in the United States Court for the Middle District of Alabama by instruction of the Solicitor of the Treasury Department pursuant to an act of Congress ordering the dismissal of the suits.
 In 1873, Francis widmer was appointed Collector of Internal Revenue for the Second District of Alabama. On his bond and sureties for s5OO0O were Eugene Beebe and Ferris Henshaw, prominent fnan- ciers of Montgomery and Alabama. Soon after his appointment Widmer defaulted for $30.O00 in public moneys collected by him. and at that time the sum became due the Government with interest from January l. 1874.
 In June, 1880, suits were filed against Beebe and the administrator of the es- tate of Henshaw, who in the meantime had died. The suits were tried in the United States Circuit Court sitting at Montgomery. In February, 1885, judg- ment was entered against Beebe and the estate of Henshaw for $1O0 and costs each. Beebe promptly paid the judgment but the administrator of the Henshaw estate never turned over to the clerk of the court the amount of the judgment.
 In March, 1890, a bill was filed by the United States to set aside the Judgment on the ground that the judgment was simply a compromise on the part of Dis trict Attorney W. H. Smith, ex-Gover- nor of Alabama. The compromise was made. the Government averred without the knowledge and consent of the Treas ury Department and was therefore null and void.
 Demurrers were filed to the bill. in sub stance claiming that the District Attor- ney had the right to compromise a case.
 In May of 1897. .the court sustained the demurrers The Government appealed to the Circuit Court of Appeals at New Orleans. The decision of the lower court, was affirmed. The Government appealed to the United States Supreme Court and in February. 1901, the decisions of the two lower courts were reversed and the case was remanded to the Circuit Court at Montgomery on its merits
 In the meantime a compromise was of- fered by the Southern Cotton Oil Com pany of Montgomery. Mrs. E. V. B. Chase, of Augusta. Me, and the Mont gomery Land and Improvement Com pany, owners of the Beebe and Hen shaw property. offering the United States $25, 900 to dismiss the cases.
 bill was introduced by Congressman A. A Wiley to accept the compromise, which was adopted by both branches of Congress and approved by the President.
 The property formerly owned by the estate is as follows: A half interest in the building 22 South Perry Street, a half interest in the building now occupied by the Ellis Restaurant, on North Perry Street: a quarter interest in the build ing occupied by Ungers Bakery on Dex- ter Avenue and a quarter interest in the Southern Cotton oil Company property.
 The dismissal of the cases ends the long standing litigation with the excep- ton of a case over a small piece of property, where rent is involved and which was not covered by the act of Congress.