ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Revised Statutes, District Columbia, §§ 450, 451, 452. Married Woman's

Acknowledgment...

§§ 753, 770, 772. Supreme Court of the District...
S$ 975-8. Administration....

PAGE

..574-5

156

264

[blocks in formation]

1875. Constitution....

1877, Feb. 27, Pensacola Railroad..

1868. Constitution, Articles XII., XIII....

1872, February 4. Pensacola & Louisville Railroad..

Illinois, Revised Statutes, ch. 83, § 4, Limitations..

1845, Revised Statutes, page 432, § 7. Record of Deeds..

253

.251, 257

254

251

206

210

[blocks in formation]
[blocks in formation]

210

210

1861, page 174, § 1.

Kansas. Dassler's Comp. Laws. Subscriptions by, and Debts of Munic

207

624, 628

622, 624

622, 624

624

502

Louisiana Code of Practice, Arts. 4, 12, 43, 556. Real Actions
Civil Code, 1870. Code Practice, Art. 35, Contract, Equitable
Actions...

1869, No. 26, Railroad Station Grounds in New Orleans

(n) 199

1870, Extra No. 5, Debt of New Orleans...

1879, Constitution. Municipal Taxation

1880, No 133, Debt of New Orleans..

1882, No. 20, City of New Orleans...

1882, No. 58, Debt of New Orleans

1882, No. 81, Street Franchises in New Orleans

Maryland, 1785, November. Evidence to Prove Foreign Wills..

1785. Agreement with Virginia as to the Potomac..
1791, Dec. 19, District of Columbia

1798, No. 101, Administration...

Michigan, Compilation, § 643. Attachment..
Mississippi, Code of 1857, Art. 6. Limitation of Action.

Revised Code of 1871, §§ 2172, 2938. Same subject..
Missouri, 1867, March 11, Consolidation of Railroads...
Nebraska, 1869, Feb. 15. Internal Improvements.....
New Jersey, 1868, April 9.
New York, 1848, Feb. 17.

Municipal subscriptions to Railroads..
Manufacturing Corporations..
1867, April 16. East River Bridge.
1869, Feb. 20. Same subject...

[blocks in formation]

Pennsylvania, 1705. 1 Dall. Laws, Pa., 67, Dower..

1862, April 10. Reorganization of a Corporation.
1881, June 8. Pilotage.

PAGE

86

402

174

Tennessee Code.

Arts. 2755, 2765. Limitation of Actions.. 1849, Nov. 21. Gas Light Company..

429

399

[blocks in formation]

Virginia, 1785. Agreement with Maryland as to Potomac..

[blocks in formation]

674

607

670

485

505

[blocks in formation]

Canada: Dominion, 1874, May 26. Canada Southern Railway...

528, 555

Dominion, 1878, April 16. Same................

528, 555

Ontario, 1868, Feb. 28. Same..

528-555

CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES

AT

OCTOBER TERM, 1883.

OSBORNE v. ADAMS COUNTY.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA.

Submitted October Term, 1882.-Decided October 15th, 1883.

Internal Improvements-Municipal Bonds-Statutes.

Application being made to open the judgment in this case in order to enable the court to consider the case of Traver v. Merrick County, decided by the Supreme Court of Nebraska, and the court now having considered it: Held, that that case is an authority in support of the former ruling of this court in this case.

Motion for rehearing. The statement of facts appears fully in the opinion.

MR. JUSTICE HARLAN delivered the opinion of the court.

This case was decided at the last term of this court, and is reported in 106 U. S., 181. We there held that a steam gristmill was not a work of internal improvement, within the meaning of the statute of Nebraska, approved February 15, 1869, authorizing counties, cities, and precincts of organized counties "to issue bonds to aid in the construction of any railroad or other work of internal improvement." It was also said that the court was not justified by anything in Township of Burlington v. Beasley, 94 U. S. 310, or in the decisions of the

VOL. CLX-1

Opinion of the Court.

courts of Nebraska, "in holding that a steam or other kind of grist-mill is of the class of internal improvements which municipal townships in that State are empowered, by the statute in question, to aid by an issue of bonds."

A petition for rehearing was filed near the close of the last term, calling our attention to the fact that the Supreme Court of Nebraska had then recently decided that a grist-mill operated by water power was a work of internal improvement within the meaning of the before-mentioned statute. The judgment was suspended in order that appellee might have an opportunity of presenting the full text of the opinion of the State court. That has been done at the present term. The case to which reference is made is Traver v. Merrick County, the opinion in which was not filed in the State court until after the close of our last term.

It is quite true, as claimed by counsel for appellee, that the State court does, in that case, rule that a water grist-mill is a work of internal improvement within the meaning of the statute in question. But the court takes care to say:

"In our view there is a clear distinction between aiding the development of the water power of the State-a power that is continuing in its nature and may be used without cost or expense, and must be used at certain points on a stream where a dam can be erected and power obtained-and a mill propelled by steam, that must be attended with a continuous cost for fuel, and may at any time be moved to another locality."

So far from the decision of the State court furnishing any ground for a rehearing, it is an authority in support of that construction of the act of 1867 which excludes steam grist-mills from the class of internal improvements in aid of which counties, cities, and precincts of organized counties are, by that statute, authorized to issue their bonds.

The rehearing is denied.

Syllabus.

CIVIL RIGHTS CASES.

UNITED STATES v. STANLEY.

ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS.

UNITED STATES v. RYAN.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA.

UNITED STATES v. NICHOLS.

ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MISSOURI.

UNITED STATES v. SINGLETON.

ON CERTIFICATE OF DIVISION FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.

ROBINSON & Wife v. MEMPHIS AND CHARLESTON RAILROAD COMPANY.

IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE.

Submitted October Term, 1882.-Decided October 15th, 1883.

Civil Rights-Constitution-District of Columbia-Inns-Places of Amusement-Public Conveyances-Slavery—Territories.

1. The 1st and 2d sections of the Civil Rights Act passed March 1st, 1875, are unconstitutional enactments as applied to the several States, not being authorized either by the XIIIth or XIVth Amendments of the Constitution.

2. The XIVth Amendment is prohibitory upon the States only, and the legislation authorized to be adopted by Congress for enforcing it is not direct legislation on the matters respecting which the States are prohibited from making or enforcing certain laws, or doing certain acts, but is corrective legislation, such as may be necessary or proper for counteracting and redressing the effect of such laws or acts.

« ÀÌÀü°è¼Ó »