Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-30
A PARTIAL REHEARING
TWO POINTS ON PHILIPPINE
CASES TO BE ARGUED.
Action Taken by the United States
Supreme Court Yesterday After
Noon-Decisions Rendered.

has granted a partial rehearine in the cases
OF Lincoln agt. the United States and
Warner Barnes & Company agt the United
States properly known as the Philippine
tariff cases. and involving the question of
the effect OF President Mckinley's order of
1898. relative to the duty American
goods SHIPPED into the Philippine Islands
during the tendency of the war. The order
granting the petition specifies that the ar
gument shall be addressed solely to the
two points whether Congress ratified the
collection of the sums sought to be recov-
cred in this suit. and whether It has power
to do So" The suits are for the refunding
of duties paid under the order, and IL the
court does not reverse itself the cost to
the United States will be about $1,000 900
The court affirmed the decision OF the
superior court of the city of San Francisco
In the case of All Sin agt. the chief of po-
lice of San Francisco. All Sin was ar
rested in a barricaded gambling room. and
sought release a subject of the Emperor
OF China on writ of habeas corpus. The
ordinance under which the arrest was made
was attacked on the ground that 1t was
enforced only against Chinese, and as a
discrimination contrary to the Constitution
The court upheld the ordinance"
The court affirmed the decision of the
supreme court of Pennsylvania in the case
School District. The case involved the va
lidity OF Pennsylvania state law author
lzlng the appointment of administrator
for the estates of persons whose where
abouts may not have been known for seven
years. In this case Mrs. Cunnus who had
resided in Reading, disappeared. After she
had been absent for eight years her son
was appointed to take charge of her prop
erty. Three years afterward she returned
saying that she had been residing In Cali
1ornia. She instituted proceedings to re-
cover control of the property. attacking
the law as unconstitutional. The court did
not sustain this contention, holding that
the proceeding was special in it's nature
partaking of the exercise of police control
rather than of probate, but still effective
and proper.
The court decided the warmly contested
case of Hannah O'Callahan and Edward
Corcoran agt. Terence O'Brien, Marie Car
rau and Others, involving the extensive es-
tate of the late John Sullivan, who died in
Seattle. Wash. September % 1900. A few
hours before dying he made an oral will
leaving his property to Miss Carrau. The
| will was attacked by Corcoran and O'Ca!la-
| han, cousins of the deceased who reside in
| Ireland and claim to be the nearest living
relatives Of Sullivan. The will WAS ad-
mitted to probate in King county Wash
and the relatives of Mr.. Sullivan applied to
| the circuit court of the United States for
| relief. That court decided in their favor,
| but when the case was taken to the circuit
! court Of appeals the decision OF the court
| below was reversed on the ground that the
| federal courts had no Jurisdiction, the ca se
being state matter. The latter decision
was affirmed and the result Is to leave the
property in Miss Carrau hands with o Brien
as administrator.
Justice Peckham delivered the opinion of
the court in the case of the Louisville and
Nashville Railroad Company agt. the West
Coast Naval Stores Company, holding In
favor of the railroad company and revers-
ing the finding of the circuit court of ap-
peals for the fifth circuit. The case in
volved an action by the Naval Stores Com
pany against the railroad for refusing to
permit that company to use the railroad
wharf at Pensacola. Fla. for the trans
portation of the stores companys property.
The court decided the case of Van Ried
agt the Peoples National Bank of Leba-
non, Pa, appealed on writ of error from
the New York court of appeals The ques-
ton involved was whether state courts
could acquire jurisdiction and attach prop
erty of a national bank organized In an
other state. 1t was decided that the ma
tional bank act prevents any such jurisdic-
ton.
The court affirmed the opinion of the cir
cult court in the case of the Great West
ern Mining Company agt Harris. the de-
ciston holding that a receiver in one federal
Jurisdiction may bring suit in foreign
jurisdiction.