New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-09
OTHER CASES DECIDED
Il Corporation Cannot Change Domi-
Gle to AUoid Payment of Debt.

Washington. May S.-The Supreme Court of
the United States to-day decided the complicated
case of the Riverdale Cotton Company against
the Alabama and Georgia Manufacturing Com
pany and the Huguley Manufacturing Company.
The case arose out OF controversy as to which
States the companies citizens Of. The HUI
guley company is the successor of the Alabama
and Georgia company which was organized In
1866 to do a manufacturing business on the
Chattahoochee River. constituting the boundary
line between the two States. Incorporation
papers were first taken out In Alabama and then
IN Georgia, and property owned in both
States. The business Office said to be in
Georgia The litigation over a note for
100000 given in 1884. After ten years utga-
ton in Georgia the defendants instituted pro-
ceedings OF their own IN Alabama, claiming cit
izenship there and denying the jurisdiction Of
the Georgia courts. The Riverdale company,
which had acquired the property, filed bill In
the Circuit Court for the Northern District Of
Georgia to restrain the prosecution Of the Ala
bama case. That court granted an injunction,
but the Court of Appeals for the Fifth Circuit
reversed the finding and ordered the Circuit
Court to dismiss the bill To-day'S decision,
which was delivered by Justice Brewer, upheld
the Circuit Court and reversed the Court Of APP
peals. Evidently" he said, this defence, spring
ing from the existence Of two corporations was
an after thought, when all other resources had
failed, and equity may well say that to sustain
the present contention would give judicial sane
ton to ineXcusable trihing with courts. It is
always to be understood that federal tribunals.
are not moot courts and that parties having SUBJ
stantial rights must, when brought into court,
present those rights or they may lose them"
The court decided the case of Harris agt-
Balk involving $3.50. which has been in ntiga-
ton for nine years, and three times decided by
the Supreme Court of North Carolina. In 1898
Balz loaned Harris $3.50 Both are citizens Of
North Carolina, but when Harris visited Balti-
more he was compelled by the Maryland courts
TO pay the money to a man to whom Balk was
indebted. The North Carolina courts refused to
recognize this payment, and Harris brought the
case to the Supreme Court of the United States,
and won, the court holding that the refusal is a
failure to give due faith and credit to the find
ings Of the courts OF another State, as required
by the Constitution. The litigation has cost
Justice Peckham delivered the opinion and
Justices Harlan and Day dissented.
In opinion by Justice White the Supreme
| Court decided the case Of Holden agt STRAIT
ton in favor of the former. It involved the Ques-
ton as TO whether insurance policies are exempt
from the operations of the bankruptcy law and
! me court held that they are SO in States where
| the State laws make them exempt The Holden
/ case arose IN the State Of Washington
The court affirmed the decision Of the Court
OF Claims in the suit Of Joseph L Harley against
the United States to recover $1O2, 900 alleged to
be due as royalty printing devices invented
by Harley and used by the United States under
contract as he alleged. The decision was adj
verse TO Harley.
a writ OF certforari was granted in the case
OF Peter and Enoch Pearson agt. Immigra-
ton Commissioner Williams Of New-York. The
Pearsons are English lace manufacturers,
oh r1raT rr-{Tb
Ing to the United States under contract The
point involved is whether suspected immigrants
may be twice examined and tried by the i'm
migration officials, and deported If found guilty
on the second trial, as in this instance The
case was decided by the Circuit Court Of APP
peaIs against the Pearsons, and to-day's action
brings 1t to the Supreme Court for review.
A petition for the rehearing OF the case Of
August Cliff agt the United States involving
the Oleomargarine law, was fled to-day. John
Maynard Harlan, OF Chicago a son of Justice
Harlan, appears as attorney for Cliff