New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-03

was killed were responsible for his death, but
only the company made party to the suit
Confessing his difficulty in dealing with the case
the Judge presiding IN the court below certlled
the following questions 70 the Supreme Court OF
the United States:
First-May railroad corporation be Jointly sued
with two OF its servants, q conductor ano an en-
gSe the corporation liable only by reason Of their
negligent act and solely on the ground OF , Inc a[
want though not personally present or direcIhIEg
and not charged with any concurrent acl OF hesH-
Seconds such a suit removable by the corpora
exceeds 5. 900 and the requisite diversity OF ctzeg
ship exists between said company ah1 r sed
with the company as joint tort IeaSois O'-e
identical with that OF the platntihE
The action was begun in the State courts ana
removed to the federal courts. The hrst question
was answered IN the affirmative and the latter in
the negative.
The decision Of the Court OF Appeals Of the Unit
ed States Southern District OF Ohio, IN the case OF
Tohn w Ballrnan against Vivian J. Fagin United
States Marshal. reversed by the Supreme Court
Of the United States to-day. Justices Harlan ana
Mchenna dissenting
This case grew out Of an effort TO compel Ball
man who is broker il Cincinnati, TO testify before
the grand Jury OF the Circuit Court IN a case be
fore that jury He refused exhibit his cash DOORS
OF TO answer questions regarding entries IN 1heHl'
His refusal was reported 70 the court ana ne was
ad1udged to be n contempt OIOSIIu " - -
prisoned unfit he should be wiling to answer the
questions and show the books he then SUED Out d
writ Of habeas corpus, but the Circuit court as
missed his petition and he brought the case 70 the
Supreme Court. The case was argued al me close
Of the last term Of court but not then decided
BaIlrnan also brought the case TO the Supreme
Court on writ OF error, and that case was nor
argued until the beginning of the term Of the court
for 1906. The decision was favorable to Ballrnan-
F-Ia Cow af77r al fha
United States Circuit Court of Appeals FOR the
fourth circuit in the Of the Guardian Trust
and Deposit Company, OF philadelphia, against
Y J. Fisher and Others. Justice Brewer delivered
the opinion The question involved IN this case
was that Of the priority OF lien creditors over
mortgages. The controversy arose IN connection
with the sale Of the water works Of Greensboro
n G. The trust company had claim Of $4,000 as
mortgage. but the courts below decided the case
favorably 10 the other claimants on the ground
that judgment BY the IN their favor should
have preference over mortgages claims.
The verdict OF the Superior Court Of Kings
County Wash III the case OF n. D. Hill & Sons
against The American Surety Company. Of New
York. was reversed by the Supreme Court This
claim for S1l contract given by the
New-Jersey Foundry and Machine Company TO
paint number OF observation towers erected by
that company for the government at Fort Flagler,
washington. The surety company was brought into
The case by reason of lis being the bond Of the
contracting company. The Kings County Court
dismissed the case on a demurrer. The case IN
voved the question Of liability for supplies to sub
contractors and the court held that the law Of
1894 under which the action was brought, covers
such supplies
The decision Of the Circuit Court Of the United
States for the Western District Of Kentucky. in
the case Of the Owensboro Water Works Company
against the city Of Owensboro, was confirmed by
the Supreme Court The company taxpayer,
brought action TO prevent the city from issuing
5000 600 worth Of the ground that the city
was exceeding the Indebtedness authorized by the
legislature. The Circuit Court dismissed the bill
Justice Peckhan. for the Supreme Court, affirmed
the decision OF the United States Circuit Court OF
the District OF Montana II refusing to take juris-
dction in the case Of the Montana Catholic Mis-
slons against Missoula County, Mont, The Catholic
Missions is a corporation which holds the property
OF the Jesuit Fathers in Montana including
large herd OF cattle held the FTathead Indian
reservation in Mlssoula County and this proceed
ing arose out Of an effort on the part Of the
county authorities to take the cattle. The Mis-
sions Association coatended that authority to
the cattle on the reservation had been given by
the Indians and by the federal government and
that the object in holding them there was purely
charitable The Montana Circuit Court dismissed
the bill for want Of jurisdiction