The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-18

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, Railroad Case Finally Disposed OF.
WASHINGTON. Dec. 17.-Mrs. Eva A.
Ingersoll, widow Of Col. Robert q.
Ingersoll, to-day broug ht 10 the Supreme
Court her suit for sos, 900. the balance due
on a contract for 800 600 for legal services
rendered by her husband In breaking the
viii Of the late Andrew Davis Of Montana.
Davis died in 1898 leaving the bulk OF an
estate worth $1,000 900 to his brother.
Ingersoll mEnde an agreement with Henry
A. Root Of Boston. representing the con-
testing heirs at law, that he was to receive
500, 900 il be broke the will and he con-
Quoted a long and bitter fight in the Mon
tana courts which resulted in a mistrial.
A compromise was then reached under
which the contestants received a larger
share of the estate than il it had been dis
tributed by law, hut Mrs. lngersoil, after
her husbands death, was unable 10 collect
her claim under the contract. She brought
suit first in the Montana courts, which dis
missed il for lack of merit, and then she
sued in Boston, attaching the securities
belonging to the estate. The trial court
gave Judgment in her favor, but the Court
Of Appeals reversed hat Judgment on the
ground that she was barred because OF the
action Of the Montana courts. To-day
her counsel petitioned the Supreme Court
20 review the latter decision by writ OF
certiorari.
BY denying Frank ID. Zell of Philadelphia
permission TO file petitions for writs OF pro-
hibition and mandamus directing the
Federal Court in Virginia to relnstate his
suit TO prevent the confirmation Of the
sale OF the Bay Shore Terminal Railroad
the Supreme Court disposed OF the htiga-
- - B. h~AA
and the extension OF that road TO the James
town exposition can now proceed. Zell
endeavored "a a s~tOckholder TO intervene
In the proceedings nde which the road
was sold under foreclosure, and when the
lower court denied that right he applied
70 the supreme Court, which early in the
fall approved that action. Later Zell started
similar proceedings in Philadelphia, where
upon the Virginia court enjoined him from
prosecuting it, under penalty of commitment
FOR contempt. In the present case Zell
attempted TO have that order reversed,
but the Supreme Court to-day declined
10 interfere.
The attempt OF the Department Of Justice
30 have the Supreme Court by writ OF
certiorari review the adverse action Of
the circuit courts of appeals in criminal
cases failed to-day, when il denied such a
writ in the case OF James G. Morgan, whose
conviction on a charge OF illegally cutting
timber on the public domain m Colorado
was overturned by the Eighth Circuit Court
of Appeals on the ground that the statute
under which he was indicted had been
repealed. A bill granting the Govern
ment the right of appeal on questions OF
Senate, and the Morgan case was brought
90 as TO test the right Of review by means
of oertioraIi and thereby show the neces-
sity for the enactment Of the law.
The Supreme Court to-day, for lack Of
jurisdiction, ordered dismissed ono OF the
most extraordinary suits ever before it.
Is was brought under the civil rights law
by Robert ID. Kinney, formerly a boiler
manufacturer Of Philadelphia, against
James 7. Mitchell presiding Judge of the
Supreme Court of Pennsylvania, for $50, 900
damages for wilfully and maliciously,
under color of law, in his official capacity
q in confederation with Others sending
90 the Superior Court of that State kinney's
suit for recovery under a contract for
boilers, ~he knowing that court had no
jurisdiction over controversies involving
more than $780," thereby depriving
Kinney of hrs day in court, injuring his
credit and causing his failure in business.
As the suit involved more than 81 500 1t
brought the present action in the Federal
court in Philadelphia, which declined to
entertain il for lack of jurisdiction, and
Kinney's appeal to the Supreme Court
to-day, for the same reason and without
M opinion, met a similar action.
The Department of Justice to-day asked
the Supreme Court to advance for early
hearing the appeals of Messrs. Gould
Goodwin, Gllen, Kenny and Myers, arrested
at Los Angeles for completely in the Oregon
land frauds and ordered removed TO Port
land for trial. The appeals of three others
Stearns, Hedderly M Hynes, also arrested
At the same time-will probably be heard
with the FIVE others. The appeals are based
on the ground hat the orders for their
removal we're Irregular.
Permission was granted the State OF
Missouri to file a bill of complaint against
the State of Kansas for the purpose of
determining the ownership of Goose Island,
a bit OF and in the Missouri River near
Kansas City, which may belong to either
State. Tbs suit is a friendly one and grows
out Of the fact that, taking advantage OF
ambiguous language in the boundary
agreement, a big gambling establishment
has been set up on the island in defiance
Of the authorities OF both States.
Chief Justice Fuller announced that the
holiday recess OF the Court would begin
next Monday, December "a, n would
continue until Monday, January T.
The Court advanced and assigned for
hearing on April 8, seven appeals by the
city OF Chicago from the orders of Judge
Grosscup restraining the collection OF
q, COZ, 900 Of alleged excessive inn
posed by the Illinois State Board OF EQuiliza-
ton on the Chicago Traction, Gas. Tele-
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