New-York tribune., 1909-10-19
SUPREME COURTS WORK
No Rehearing of Delazcare 8 Hudson
Case-Action ON Many Petitions.

Washington, Oct. 1s.-The Supreme Court OF the
United States to-day began the second week OF the
term by hearing large number or mouohs' re-
ceivng petitions for writs Of certiorarf ana actihs
on several such petitions presented last Monday
OF the petitions heretofore presented seven were
granted and seventeen denied the effect being 10
bring 10 this court for review the cases In which
the writ was granted and practically to affirm the
decisions of the courts below in cases In which
the writ denied.
The petition OF the Delaware & Hudson Rail-
road Company for writ of certorari In the case
of the Albany & Susquehanna Railroad Company
against the Delaware Company denied. The case
involved Judgment for 81 10000 against the Della
ware Hudson Company for rental OF the Albany
& Susquehanna road under a lease made in 1870
and was regarded OF great importance
not only because II involved a large sum- but be-
cause IL would also establish precedent in the set
tlement OF similar controversies.
Without explaining reasons. the court denied
the petition for writ Of certiorari In the OF
the Mutual Life Insurance Company OF New York
against William z. Hazen and Others trustees of
the estate Of Lucius II. Perkins Of Kansas involv
ing policy Of 100000 the life of Mr.. Perkins.
The proceeding was begun by the company TO have
the contract with Mr.. Perkins cancelled the
ground that IL was obtained by fraud. After pro-
curing the policy Mr. Perkins fell off the top OF
his house. and the insurance people cOntended that
before falling he had administered 70 himself dose
OF poison with suicidal intent but with the object
of having it appear that his death had caused
by accident, so arranged his body that Il would fall
Among the cases favorabIy acted on were that OF
Waskey against Hammer, coming 20 the court from
Alaska. and involving the question OF the right OF
a deputy mineral surveyor 10 locate mine under
the law and that of the Cuba Railroad Company,
incorporated In New Jersey but operating in Cuba.
against Crosby, in which the question as whether
a suit for damages done in Cuba will lie in New
Jersey, is involved.
The cases Of Huey. Philadelphia broker, against
Brown, Involving the right of receiver to compel
broker TO reveal the of purchasers of stock
when desired for assessment purposes and of the
American Trust Company against Fletcher Co, in
volving the foreclosure OF mortgages the steam
ships Harvard and Yale. owned by the Metropolitan
Steamship Company were all decided adversely TO
the petitioners
Among the petitions presented those OF
the Chicago, Burlington & Quincy Railroad Com
pany against the United States raising question
as to whether the safety appliance law requires the
railroad companies to keep appliances in repair.
and Of the United States against A II Freeman in
volvng the question OF whether the courts can
grant relief from internal taxes on spirits
when the spirits destroyed by fire or accident.
The court received stipulation from the attorneys
in the case of the against the people OF
New York, giving the state until the first Tuesday
in November to file its pleadings. The effect of the
stipulation will be to extend the time of the hearing
The case involves the contamination Of New York
Hsrbor by The Bronx sewer.
JUSTICES EeCknAm ana MOODY were still absent
account Of illness, but reported improving
The Delaware Hudson litigation begun by
a stockholders protective committee OF the Albany
& Susquehanna in 1906 At the annual meeting in
october OF that year the independent stockholders
obtained control of the board OF directors, defeat
ing the nominees of the Delaware & Hudson COM
pany, and elected George P. Butler president. The
policy of the new management defined fol-
lows by President Butler:
II is understood that the object Of the present
board OF directors Will be to enforce the claim made
by the protective committee for the collection Of
rental due under the lease, strictly in accordance
with the terms of the lease. The lease provided
that all saving in interest from the refunding or
retirement or bonds should be paid into the treas
ury OF the Albany & Susquehanna company. For
number OF years there has been saving of s35 0oD
year and from April / 1906 the saving in interest
from the retirement OF s. 100000 OF per bonds
and the issue OF S3,5OOO00 of SI1 per cent bonds
makes present saving of sl22.500 a year. The
previous management. under the control of the
Delaware & Hudson. has never made any claim or
brought any suit for the collection OF Ihis amount
The present board will Immediately press the claim
of the Susquehanna company against the Delaware
& Hudson.