Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
q. s. SUPREME COURT
DECISIONS HANDED DOWN IN
SEVERAL CASES.

The Supreme Court OF the United States
yesterday decided the complicated case OF
the Riyerdale Cotton Company against the
Alabama and Georgia Manufacturing Com
pany and the Huguley Manufacturing Com
pany. The case arose out of a controversy
as to which of the states of Georgia and
Alabama the coInps mics are citizens Of
Y he Huguley company is the successor or
the. Alabama and Georgia company, which
was organized in 1866 for the purpose OF
doing manufacturing business on the
Chattahoochie river, constituting the bound
airy line between the two states. Incor-
pcIation papers were first taken out In
Alabama and then in Georgia and prop
erty was owned in both states. The BUSH
ness office was stated to be In Georgia.
The litigation arose over note for *0oOoO
given In 1884. After legal proceedings had
been conducted in Georgia for about ten
years the defendants instituted proceedings
of their own in the state of Alabama,
claiming citizenship In that state and de-
nying the jurisdiction of the Georgia courts.
Then the Riverdale company. which had
acss,ired the property, filed bill In the
circuit court for. the northern district OF
Georgia 20 restrain the prosecution of the
Alabama case. That court granted an in
jur tion but the circuit court of appeals
fcY the firth circuit reversed the finding
and ordered the circuit court to dismiss the
III.
nounced by Justice Brewer, upheld the cir
cult court and reversed the court of APP
peals. Evidently" he said, this defense,
springing from the existence of two cor
pOrations, was an after-thOught when all
other resources had failed, and equity may
well say that to sustain the present con-
tention would give judicial sanction to in
excusable tr.fiing with courts 1t Is always
to be understood that federal tribunals are
not moot courts, and that parties having
courts. present those rights or they may
lose them"
Payment Declared Valid.
The Supreme Court decided the case of
Harris VS.. Balk, involving $3.50, which has
been in litigation for nine years and three
times decided by the supreme court Of the
state of North Carolina. In 1896 Balk
loaned Harris $3.50 Both are citizens Of
North Carolina, but when Harris visited
Baltimore he was compelled by the Mary
T. courts to pay the money to- one Epp-
stein, to whom Balk was indebted. The
North Carolina courts refused to recog-
liize this payment and Harris brought the
case to the Supreme Court of the United
States with a successful result. the court
holding that the refusal is failure to give
due faith and credit to the findings of the
courts of another state, as required by
the federal Constitution. The litigation has
cost many times more than the amount in
viewed. Justice Peckham delivered the
opinion of the court, and Justices Harlan
and Day dissented.
Writ of Certiorari Granted.
writ of certiorari was yesterday grant
ed by the Supreme Court of the United
States in the case of Peter and Enoch
Pearson against immigration Commissioner
Williams New York. The Pearsons are
English lace manufacturers, charged with
violating the labor laws by coming to the
United States under contract. The point
involved is whether suspected immigrants
may be twice examined and tried by the
immigration officials and deported if found
stance. The case was decided by the cir
cult court of appeals against the Pearsons
ana yesterdays action brought the case to
the Supreme Court for review.
In an opinion by Justice White the court
decided the case of Holden VS.. Stratton in
favor of the former. The case involved the
question as to whether insurance policies
ruptcy law, and the court held that they
were 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
100000 alleged to be due as royalty on
used by the United States, as he claimed,
under contract. The decision was adverse
to Harley.
petition for the rehearing of the case
of August Cliff against the United States,
involving the oleomargarine law, was filed
yesterday in the SupIe me Court of the
United States. %"