New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-31


been filed while the case was on trial. asking
Judge Swayne rot sit in the case, but that
the petition not sworn to- and while a
statement was made of the desire of the plain
tiffs to offer testimony in support of their con-
tentions the names of witnesses were not fur
nished no affdavits filed; no definite state
ment made of what witnesses would say if per-
mitted to testify.
In deciding the case Of ]. w. Guthrie against
H L. Hardness. the court held that stock
holder in a national bank is entitled to inspect
the books of the bank. The case arose in con-
nection with the Commercial National Bank or
OGDEN Utah. in which Hardness owned one
,afrb of the stock. He was not allowed 10 III
s,act the books The Supreme Court Of the
state decided in favor of his contehtioh' an"
that decision was affirmed to-day The OPINION
was delivered by Justice Day, who held that
1To-Iness had sought an opportunity TO inspect
the hooks of the bank to satisfy himself that
the concern was not Improperly cohoucteu'
Coming to the point at issue, he SAID;
There can be no question that the decisive
.a;nb+ Of American authority recognizes the
common law right of the shareholder, LOT proper
.lsae and under reasonable Tegulat tons as
to Mace and time, TO inspect the poohs VI 'i0
CORPORATION of which he is lheIllpeI'
He added that the elldClIllclltS VI COiS
NOT conflict with this riaght. and, discussing the
plea that the right is in contravenuon OF sec,
zion 5241, relieving corporations from Tisitorial
powers other than those eXefclseu pS '"0 "
Justice Day said:
We are unable TO find any definition OF vlslto-
i'll ,oyers which can be held to include the
common law right of the shareholder 70 ispeCe
the books of the corporation ne re tb "a
visitation being a public right, eA!sLliS t a. tho
state for the purpose of examining INTO me
conduct of the corporation with a view 10 mel
inc If within its legal powers, Congress I'du III
- in 1assing this section that in other sec
tions of the law it had made run anu dlilpIe
provision for investigation by lhe Coi'I 70, IT,; W
~ Currency and examiners appointed by MN,
and authorizing the appointment OF a recetNei
m take possession of the business with d view
- winding up the affairs of the bank ii was
fhe intention that this statute shouIo contain
mn code of provisions upon the supJect, ana
that no State law or enactment sno ! uI.uer
take to exercise the right OF VISITATION over d
national corporation. Except in so far as such
ornoration was liable TO control in the courts
NJ iustice this act was to be the full measure
81 % Jrtet+oriaI mower That the statute did not
intend in withholding visitorial powers TO tak5
awav the right to proceed IN courts OF justice
;n,-oived is evident from the language used.
Finding nothing in the act of Congress
limiting the common Ia ~ ~ 81 ic,n,sfapces
holder, we think that under the circumstances &c.
Of this case he was wr0ngtuily denied an m
enection of the books of the bank by It's offlcers
1,,s+;ca Holmes delivered the opinion of the
court in the case of H. p. Booth against the
Norwegian bark Eliza Lines. reversing the de-
orae of the Circuit Court of Appeals for the
First Circuit The Eliza Lines was abandoned
+,,etifablv by her master and afterward picked
nm bv salvors and taken into Boston The sal
vors filed a libel for salvage, the master claimed
+be RIGHT TO receive the cargo and complete the
voyage and, that being denied, filed libel for
freight The cargo owner, also claiming the
right to receive the cargo. filed hpel Tor IT,
The Circuit Court OF Appeals charged the cargo
owners personally with net freight, on the
ground that the master had right to continue
the voyage In reversing the decision of that
court the Supreme Court held that the abandon
ment by the master justified the cargo owners
in treating the voyage at end notwith-
standing the subsequent salvage of ship and
cargo. Justices Harlan, Brown Mckenna ana
Day dissented.
The court refused to advance the docket
the case of Warren 3. Wilson against Leslie NJ.
Shaw. Secretary of the Treasury The proceed
ing is an effort to enjoin the Secretary from
paying out money for the construction of the
Panama Canal. the ground that the act Of
Congress authorizing the payment is unconsti-
tutioral Mr.. Wilson is a Chicago attorney.
The hearing in the case OF the State of Wis
consin agaist Secretary Hitchcock, involving
title to about six thousand of land, claimed
by the state for school purposes, was set for
February 10.
Solicitor General Hoyt entered motion to adj
vance the hearing in the involving the
ancient controversy between the United States
and the Cherokee Nation relative the ex-
peHse incident 10 the removal of the Eastern
Cherokees 10 the Indian Territory. Judgment
was rendered by the Court Of Claims against
the United States for about 81 00000 and the
government appealed the case
Senator Knox presented petition for writ