Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-06
COURT OF APPEALS
POST OFFICE MUST BE RE-ESTAB-
LIsHED AT LAS VEGAS.
Decisions in Many Important Contro-
versies Handed Down Yesterday
Mine Patent Gases.

The Court of Appeals late yesterday hand
ed down opinions in a number of cases ar
gued during the past few weeks. The de-
cisop of the Supreme Court of the DISTRICT
of Columbia, denying the petition or GER
tain citizens of the town of Las vegas, N.
NJ. for the re-establshment OF a post once
there, was reversed. The lower court was
directed to issue tie writ of mandamus to
compel the Post Office Department to re-es-
tablish the post Office. The post office at
Las Vegas was consolidated March 81, 1905,
with the one at East Las Vegas, because of
confusion in the delivery of mail due to the
similarity of the names. The petitioners
relied on an act of Congress that directed
that post office be maintained at every
county seat The opinion of the Court OIL
Appeals was written by Mr.. Chlet justice
Shepard, who he'd that the petitioners, al
though having i'll view only The interest OF
users of the post Office, were authorized TO
apply tor the writ, and that the act OF Con-
gress imposed plain ministerial duty, tIe
exercise of which the courts couiu coinpei
by mandamus.
Choctaw Indian Case.
The Appellate Court. by an opinion writ
ten by Mr.. Justice DUEL, affirmed the jude-
ment of the Supreme Court of the DISTRICT
of Columbia in the case of Willis c. West
against the Secretary of the Interior 1t
was contendcd by West that having married
an Indian woman he thereby became by
adoption a member of the Choctaw tribe,
to which his wife belonged. and was there
fore entitled to an allotment of land in In
dian Territory. The application was denied
on the ground that the alleged adoption
had never received the approval of the Sec
rotary of the Interior. West then sought,
by mandamus. to compel the Secretary to
recognize the adoption. The answer of the
Secretary, the trial court held, showed that
his ruling involved the exercise of discre-
ton and could not be controlled by man
damus The Appellate Court upheld that
view
Indictment to Stand.
In an opinion also written by Mr. Justice
Duell the decision of the lower court was
affirmed in the case of Charles p. Posey,
formerly policeman, convicted of statu-
tory arson. The charge was that Posey set
fire to house on Brightwood road owned
by Mrs. Felter, of which he was tenant,
and to the furniture of the house, owned by
him. the latter to the prejudice of the Po-
tomac Fire Insurance Company, which had
an insurance policy on the furniture. The
defense urged that the counts of the indict-
ment We're inconsistent, and that the judg-
ment of the lower court should have been
arrested. AT least the first count was good
anu was sufficient to support the judgment,
according to the Court of Appeals. which
declined to consider the question of the
sufficiency or Inconsistency of the other
counts.
Capital Savings Bank.
The rights of the depositors in the de-
funct Capital Savings Bank We're concern
ed IN the case of James T. Bradford
against the National Benefit Association,
in which the judgment of the lower court
was affirmed in an opinion written by Mr..
Justice McComas. The court was asked to
6G no hnth S,aI Ioo1
drawn as a shareholder in the bank before
the association opened it's account as a de-
positor. The judgment was that there was
sufficient proof to warrant the jury in find
ing that Bradford had not sufficiently fol-
lowed up his attempt to withdraw as
shareholder, and that his conduct subse-
quent to the notice of his intention to
withdraw, was equivalent to an abandon
ment of such intention.
Gen. Payne's Estate.
The decision of the lower court was re-
versed by the Court of Appeals in an opln-
ion written by Mr.. Chief Justice Shepard,
In respect of a bequest of $4,000 made by
the will of Gen. William H. Payne Of the
confederate army and a Virginia lawyer of
prominence to his son Arthur for life and
after his death to the sons wife. The APP
pellate court held that the principal of the
legacy should be retained and invested by
the executor during the life of the son, TO
payment of the principal to the son had
been directed by the lower court.
The judgment of the lower court In the
case of Antonio Malnati and others against
Noble III. Thomas. holding that the declara-
ton was sufficient to permit recovery for
the value of certain bricks levied on by the
marshal as the property of man named
Jones, which the jury found belonged to
Mr.. Thomas, was affirmed by the Court OF
Appeals. The opinion was written by Mr..
Justice McComas.
Appeals in Patent Cases.
The Court OF Appeals also handed down
opinions in nine patent cases. The rulings
of the commissioner of patents were af
firmed in the cases OF Bauer agt Crone,
French agt Holcombe. and on the applica-
lions of George H. Thurston, William A.
Schraubstadter, William D. Hawley and
Edward A. Hill, and were reversed in the
cases Of Rolfe agt. Hoffman, Seeberger
agt. Russell and Laas agt. Scott.
Installation of the Block System.
Representative Esch of Wisconsin has in
troduced bill requiring the installation of