Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-20
GOVERNMENTS FAVOR
SUIT TO RECOVER FROM THE
SOUTHERN PACIFIC.

The Supreme Court of the United States
Yesterday afternoon affirmed the decision
OF the circuit court Of appeals for the
ninth circuit in the case of the Southern
Pacific Railroad Company the Central
Trust Company of New York and others
against the United States This was a
suit brought by the government to recover
from the railroad company the value of
lands enormously patented to it and con-
Veyed by 1t to bona fide purchasers The
iands were part of the old Atlantic and
racine railroad grant, which was forfeited
Tor non-constructfon of its road. They
We're claimed by the Southern Pacific
Railroad Company. and through a miscon-
structlon OF the law by the land depart
ihent were enormously patented to It
ACTS OF congress We're passed providing
Tor the adjustment of railroad lang grants
which authorized a confirmation of the
ute OF bona fide purchasers from railroad
companies Of lands situated as these are
and directing suits to recover from the
companies the value OF the lands not ex-
ceeding the minimum government price.
Inc defense of the company was that a
Dill In equity would not lie and that the
acts or Congress could not create a con-
tract on the part of the company to pay
TO the United States the value of the
lands
The opinion was delivered by Justice
Brewer and held that a suit in equity will
lie, and that, irrespective of the acts of
Congress, the company was liable to the
government for the value of the lands
1t had wrongfully received, and that the
acts OF Congress were really a restriction
upon the rights of the government and
Injured to the benefit of the company. The
decree In favor OF the government was
sustained.
Another case between the same parties
involving lands embraced in the Jurupa
Mexican land grant was also decided in
favor Of the government on similar
grounds the opinion in this case also be-
Ing by Justice Brewer.
The Firm Held Liable.
The decision OF the circuit court of ap-
peals for the second circuit, in the case Of
Edward B. Whitney. trustee In bankruptcy
of Dresser & Co. of New York agt Emma
B. Dresser was affirmed by the court in an
opinion delivered by Justice Holmes. This
case involved claim of Mrs. Dresser for
a large amount of money received on secu-
rites supplied to Mr.. Dresser, member
of the firm before it went into bankruptcy.
She asked to be placed upon the basis Of
other creditors, but the trustee contended
that she advanced funds to Mr. Dresser |
in his individual capacity the firm not
liable, although il borrowed money on them. |
1t was also commended that If the firm was
at all indebted TO her it was only to the eZ-
tent of the moneys actually received as
the proceeds of. the loans. The United States |
circuit court of appeals for the second cir |
cult decided the case in Mrs. Dresser's fa- |
vor and the trustee appealed the case to the |
supreme cour-.
Ohio Supreme Court Reversed.
In an opinion by Justice White the court
reversed the decision of the supreme court |
of Ohio, In the case of Fred C. Rector.
trustee in bankruptcy for Reinhard &
Co. agt. the City Deposit Bank Com
pany of Columbus, Ohio. and also In the
- ot1 nh 4J,a ~ al No
tional Bank of Columbus. These cases were |
instituted by Mr.. Rector as trustee In bank |
ruptcy to secure the repayment of money |
paid to the Deposit Bank and the Com |
merciaI National Bank on The same day |
that the firm made It's assignment, viz.
April 10. 1900 He based his claim on the |
contention that such payment was an I'M |
lawful and fraudulent preference The
Ohio supreme court held the contrary and |
sustained the banks, but the federal ST. |
preme court refused TO accept that version |
and decided for the trustee
Right for an Aerial Tramway.
The case of John and Ellen Strickley agt. |
the Highland Boy Gold Mining Company |
of Utah was decided by the court in ia |
vor Of the company In this case the min |
ing company sought to secure right of |
way for an aerial tramway across placer |
claim near Bingham. Utah.: which was |
owned by the Strickleys. The way was |
condemned on the ground that IT was for q |
public use and the Utah courts sustained |
the condemnation as did also the federal |
Supreme Court.
Held to Be an Export Tax.
In an opinion by Justice McKenna the |
Supreme Court relieved the New York and |
Cuba Steamship Company from payment |
on account of stamps affixed under the |
Cuban war revenue act to cargoes exported |
to Cuba. The action was begun by the |
company against the United States to re- |
cover $40 expended for stamps.
The company based it's suit on the plea |
that the law violated the provisions OF the |
Constitution prohibiting the imposition OF a |
duty on exports. The government sought |
to meet the complaint with a demurrer, but |
the district court overruled the demurrer |
and the complaining company then brought !
the case to the Supreme Court on writ |
Of error The principal point in contro- |
versy In the whether the money |
was paid voluntarily, and the court held |
that it not so paid, inasmuch as IT |
would have been impossible for the steamer |
to secure clearance papers without the |
stamps.
No Evidence Of Discrimination.
The court affirmed the decision of the |
court OF criminal appeals of Texas IN the |
case OF Rufus Martin agt the state of |
Texas. Martin. who is g. negro, is under |
sentence of death on the charge of murder |
ing c. L. Swackhammer at Fort Worth, in |
1903 He appealed his case to the Supreme |
Court on the charge that he was discrm- |
mated against In his trial in that no men |
of his race We're summoned to sit on /
the jury. Justice Harlan, who delivered |