The Washington herald., 1912-05-28
BIGELOHMUsTPAF
BACK s2.lOD,00O
Boston Copper Operator Loses in
Appeal to the United States
Supreme Court.
MADE PROFIT ON MINING DEAL


Mining and Smelling Company about
s., 10000, as the result Of a decision by
the United States Supreme Court handed
down yesterday. By the decision, which
was read by Justice Lurton, and con-
| CURED in by the rest OF the justices, a
Judgment of the Supreme Judicial Court
OF Massachusetts against Bigelow and in
favor Of the Old Dominion Company
was affirmed.
The case arose out Of q transaction in
the course of which A. S. Bigelow, OF
Boston, and Lewis Lewisohn, Of New
York, sold to the Old Dominion Com
pany certain mining properties and are
alleged to have made profits in excess
Of S2,loo.o0o from the transaction. At
the time the sale was made TO the Old
Dominion Company, Bigelow and Lewis
ohm welded considerable influence in
the affairs Of the purchasing company,
and this fact, II Is said, served TO pro-
mote the success OF the negotiations
When the Old Dominion Company share
holders realized that large profits had
been made by the promoters, they de-
cided upon suit to compel Bigelow and
Lewtsohn to disgorge their profts.
Sued I'm New York.
Lewisohn was sued in the Federal
Court for the District Of New York.
This was made possible, as q matter Of
Jurisdiction. by the fact Of adverse cItI-
zenship, the Old Dominion Company be-
ing incorporated under the laws Of
Massachusetts,, while Lewisohn was
citizen Of New York. A demurrer was
filed to the suit in New York. which
was sustained and on appeal the United
States Supreme Court afirmed the judg-
meut Of the lower court. thus putting
an end to the suit Of Lewisohn. BIgelow
was not named as party to the suit in
New York. Suit was brought against
Blgelow in'the lower court for the State
OF Massachusetts,. The plea that the case
was barred on account Of proceedings
already had and the judgment entered
in New York was overruled. Judgment
was entered against Bigelow and the
judgment was affirmed by the Supreme
Judicial Court and an appeal was taken
to the United States Supreme Court.
In his opinion Justice Lurton held that
the action against the two defendants
was Joint and several. He held that they
could have been sued Jointly or severally
and that the Supreme Court OF MEssa-
chusetts had not denied full faith and
credit to the judgment OF the court OF
another State. for the reason that Bige-
low was not a party TO the suit brought
in New York, that he was not privy 10
the suit, and that he could not have
been made q party to the suit because
personal service could not have been
had on him.
At the conclusion Of the session yester-
day the Chief Justice announced that
the court would adjourn until Friday,
June Z, when motions would be heard,
and that on June 10 the court would
hand down its final grist Of opinions for
this term, and that It would take its
summer recess until the first week in
October,
Must Pay Penalty.
The court yesterday decided the appeal
Of Chester H. Jordan, the actor, who
was convicted in the Massachusetts, Su-
preme Court for MIddlesex County Of the
murder Of his actress wife, and who is
under sentence Of death. The court de-
MED Jordan's appeal and affirmed the
Judgment and sentence. The point raised
in this case on behalf OF the convicted
murderer was that one OF the Jurors
who tried him, Willis A. white, was
probably insane at the time the verdict
was rendered. He was legally adjudged
insane four days after the verdict was
rendered and committed TO an asylum.
In an opinion by Justice Pitney, the
act OF 1906 providing for cancelling certih-
Gates OF naturalization on showing OF
fraud or illegal methods in securing same
was upheld. The case arose in Califor-
mia. one Johansen, whose naturalization
certificate had been cancelled by the
United States Court upon proof that he
had procured the same by perjured testi-
mony. The court held that a certificate
of citizenship is a grant OF political privi-
Iege and that like other grants II Is open
to attack and to be set aside upon proof
of fraud.
In an opinion by Justice Day, the Court
affirmed the judgment of the Circuit
Court OF Appeals for the Sixth Circuit.
in a case brought by B. A. Worthington,
receiver of the Wheeling and Lake Erie
Railroad, to set aside an order made by
the Ohio Railway Commission. lowering
rates on coal shipments OF what is class
ed as lake cargo" coal from the Ohio
coal fields to Lake Erie ports, Cleveland
and Huron, and is there transshipped to
upper lake ports. The Judgment holds in
effect that such shipments are Interstate
commerce, regardless OF the transship-
ment at the lake port, and that as such
1t is beyond the power Of the Ohio COM
mission to regulate.
Contract Was Broken.
Another interesting case, involving in
terests to commerce. was that Of Ma
thsniel Kirby, Of Plainfield, Ill, against
the Chicago and Alton. Kirby made a |
special contract with the carrier to |
transport a carload OF pedigreed horses !
to New York for exhibition. The COM |
pany agreed to carry the horses in what |
was described as the horse special |
and TO deliver them forty-eight hours |
ahead Of the time they would have ar
rived II carried in the ordinary way. |
The company failed to deliver the cargo |
on time and the shipper brought suit /
and recovered a judgment for 1900 |
in the courts Of Illinois, which |
judgment was affirmed by the Supreme |
Court OF Illinois on appeal The Supreme |
Court OF the United States reversed the |
judgment Of the Illinois court, holding !
that the suit was brought on a special !
contract, which amounted to a pref |
erence" extended TO the shipper. in VIOLA