The sun., 1906-01-30
SUPREME COURT DECISIONS.
Judgments In Park Avenue Damage Cases
Yerseh-TrcaSnrN Warrants TaNaDle.


WASHINGTON, Jan. 29.-Four decisions
of the Supreme Court of New York involv-
ing the liability of the New York and Harlem
and New York Central Railroads for dam
ages done property on Park avenue, New
York city by the elevation of the tracks on
that street were reversed by the Supreme
Court to-day. They were decided on the
authority of the decision in the Muhlker
case, involving precisely similar questions,
handed down last spring by bench dl-
vided five to four, in which the majority
held that the act Of the New York Legis-
lature, under which the railroads were
authorized to elevate the tracks, was un-
constitutional because it deprived the
owners of houses along the viaduct OF light,
air and access Of property without COM
pensation, these easements being indis-
putable rights of property.
The decision of the New York Supreme
Court in the Muhlker case was also by
divided bench, and it has since decl ded
some 200 similar suits adversely to the
property owners on Park avenue, The
peculiar situation is thus Spresented"here IN
the test case the property owners are de-
clared entitled to damages, but as the sta te
courts have already passed upon the 200
other cases they cannot be controlled by
the Mnhker decision. 1t Will therefore
be necessary to bring each of these cases
to the Supreme Court of the United States
for adjudication unless the railroad com
panies voluntarily effect compromises with
the litlgants.
The difference bet ween a United States
Treasury warrant and bonds or other obli-
cations of the Government for purposes OF
taxation was laid down by the Supreme
Court to-day in the case of the Hiberna
Savings and Loan Society Of San Francisco.
That bank held among its assets Treasury
warrants aggregating sl2l,s75, issued in
payment of interest on United states bonds
and resisted the payment of taxes thereon
on the ground that they were obligations of
the Government which were by law exempt
from State or municipal taxation. Treas
ury warrants, the court holds. being orders
for the immediate payment of money, stood
in the place of actual coin, and their taxation
therefore did not in any manner affect the
credit Of the Government While such
checks were obligations of the United States
within the letter of section 370l, said Justice
Brown, they were not within its spirit, and
were accordingly subjects of taxation.
The case Of Anna Valentino, VINO was con-
victed at Hackensack in 1904 and sentenced
to be hanged for murder, was to-day ordered
to be advanced on the docket of the Supreme
Court for argument on February 10, at the
end Of the recess which began to-day.
Counsel for James b. howard. who was
convicted and sentenced to life imprison-
ment for completely in the murder Of Gov.
Goebel of Kentucky, to-day obtained from
the Supreme Court an order staying for
thirty days the mandate of the court upon
its decision recently affirming Howard's
conviction. The motion was opposed by
the State Attorney. and the court, which
was about to adjourn for three weeks,
took a recess for ten minutes for the pur-
pose OF considering the matter.
The appeal of Senator Joseph Ralph
Burton of Kansas from the judgment of
the Federal court at St Louis convicting
him Of accepting retainers in cases pend
ing before the departments was to-day
ordered advanced for argument on April
2. It's early hearing was urged by the
Government because the State and people
of Kansas were being deprived of full repre-
sentation in the Senate, Mr. Burton having
taken no part in its deliberations since his
indictment two years ago.
The court also advanced for hearing on
April 2 the case of Robert Sawyer and
Arthur Adams, two negro seamen on the
schooner Berwin, who with another negro
of the name Of Scott killed the captain
mate. engineer and cook of the vessel ali
white men, of Hatteras last fall and threw
their bodies overheard. All three were SEN
fenced to be hanged by the Federal court
in North Carolina, and Sawyer and Adams
brought appeal to the Supreme Court.