The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-16

s-r,, DecIInes % Review judgment Of
az q for Libel Against Evening
JoDrnAI"-AIsO Declines 10 Review
Judgment Against Lackawanna Road.
Oct. lS.-The Supreme
cc,rt to-day declined to review by writ
Mcertiornri the judgment Of 5000 against
ne New York Evening journal Publishing
Company awarded by the United States
Scurts in New York 70 Capt. Simon Of
ne French steamer L'Aquitaine for libel.
The Judgment was based on the publica-
ZION Of an account OF how the captain had
6srerarded the distress signals Of = bark
IN midocean, leaving her captain and
~rew 10 their fate. The ground for re-
cuestinG review OF the Judgment was that
te trial court had admitted evidence as
10 the character OF the captain when it
had not been attacked.
The court also declined TO review the
Judgment Of Sio7 ESQ against the Delaware,
iackawanna and Western railroad, awarded
william W. Britten, trustee. for prospective
rro6ts under an exclusive contract with
= f. Westcott for carrying milk between
ndnts on that road and New York city,
which was abrogated by the company
vheu Westcott made similar contracts
nth the West Shore and Erie roads.
The courts held that the breaking Of the
contract under those circumstances was
not flstifable and that it was not in vio-
l.tion of the antitrust or interstate COM
meroe laws.
The court advanced for argument on
December II the appeal Of the American
smelling and Refining Company from the
decision Of the Colorado Supreme Court
unfolding the validity OF four cents per
o the tax imposed annually by that State
n.OOO on the capital stock Of corporations
Soing business in that State which are in
eorporated in other States.
The rights Of u customer who purchases
stock on margin to take up his stocks by
having the balance OF their cost when the
broker makes an assignment ia to be re-
viewed by the supreme Court, It today
granting a writ OF certiorari for that pur-
pose. ( different rule prevails in Mas
sschusetts and New York, the former
considering such a redemption an illegal
reference within the meaning Of the bank
ruptcy laws and the New York ourts hold
Of the question by the Supreme Court will
reconcile the differences in procedure
under the bankruptcy law.
The Seneca, Onondaga, Cayuga n
Tuscarora Indians were not allowed to hle
q bill to restrain the carrying out OF the
Judgment Of the Court Of Claims that 100
oneida Indians who left New York and
settled in Canada some sixty years ago
Ghould participate in the distribution Of
n,ll5.OOo appropriated by Congress last
ernment in 1851 by the New York Indians.
Under the decision the Canadian Indians
will receive some $500 200
The court granted a motion for the adj
ysncement and submission on printed
briefs by December 8 Of the appeal Of the
dty Of Chicago from the decision OF Judge
Grosscup restraining the city officials from
carving out the provisions Of an ordinance
Of the municipal Council reducing from
81 to rs cents per 1000 feet the price
vas brought by d. o. Mills, a stakeholder
m the Peoples Gas Company, and the brief
Of the city in support Of the motion alleges
that il was collusive between Mr.. Mills
and the company in order to bring the case
before the Federal Court, Mr.. Mills being
a citizen of California. The brief also
alleges that the company has collected
some S12 900 600 excess between the date
the ordinance was passed and February 10
last. Judge Grosscup held that the city
Council did not possess the power to hx
the price Of gas. .
Solicitor. General Hoyt, on behalf Of
the Government, to-day moved in the
Supreme Court for the advancement and
sarlv hearing Of the appeal OF james u.
Tinsley and ten other members of the So
called fertilizer trust from the refusal
Of the United States Court in Virginia to
rav their removal to Tennessee for trial
under the antitrust laws. The Court took
the motion under advisement.
By Affirming the judgment Of the United
States Court for the Eastern District OF
Virginia in declining to permit Frank d.
ZdI to intervene as a ~stockholder in the
sale under foreclosure of the Bay Shore
Railroad, the Supreme Court to-day re;
moved the last remaining obstacle to good
transportation to the jamestown Eek
position. Zell was not the holder Of the
bonds at the time the road was sold 70 a
syndicate which is to extend the road to
!, Jamestown, but purchased them before
the matter was finally disposed OF, and
sought by writ Of mandamus to compel the
Judges Of the Circuit Court to set aside
the sale. When this writ was denied,
Eel last May appealed to the Supreme
Court and the improvements to the Bay
Shore road and the building Of the new
line were suspended. The court to-day
affirmed the action of the Circuit Court in
holding that Zell was bound by the 40