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5 Case & Com. 1 (1898-1899)

handle is hein.journals/cscmt5 and id is 1 raw text is: Case and Comment NOTES OF RECENT IMPORTANT, INTERESTING DECISIONS INDEX TO ANNOTATION OF THE LAWYERS' REPORTS, ANNOTATED LEGAL NEWS NOTES AND FACETLIE Vol.. 5 JUNE, 1898. iNo. 1 CASE AND COMMENT Monthl * y. Sbscription. 50 cents per annum post- paid. Single numbers, 5 cents. THE LAWYERS' CO-OPERATIVE PUB.CO., Rochester, N. Y. NEW YoRK, 177 Broadway. CHICAGO, Rand-McNally Bldg. Entered at postoflice at Roctiester, N. Y., as second-class ai t matter. William B, Gilbert. In the ninth circuit of the Federal courts, which includes the states of California, Ne- vada, Oregon, Washington, Idaho, and Mon- tana, the senior in commission as circuit judge is William B. Gilbert of Portland, Or. He was appointed to that position by President Harrison, on March 18, 1892. At that time Judge William W. Morrow was district judge, and his appointment as circuit judge was made May 20, 1897. Judge Gilbert is a native of Virginia, and was born in 1848. He removed to Williams- town, Massachusetts, when quite young, and was educated at Williams College. After graduating from that institution, he entered the law school of Michigan University. After completing his law course, he went to Oregon in 1871, and engaged in the successful practice of the law. He was elected to the legislature of that state in 1888. His appointment to the circuit court of the United States was made only a few months after the organization of the United States circuit court of appeals for the ninth circuit, so that his judicial career is nearly coextensive with the life of that court. Among the many opinions of great impor- tance which have been delivered by Judge Gilbert is that in the case of The Willamette Valley, 29 U. S. App. 447, holding that a steamship operated by a receiver, if taken to another jurisdiction in the regular course of business, may be seized in admiralty on a maritime lien for supplies there furnished. That in the case of Pacific Rolling Mills v. James Street Construction Co.,29 U. S. App. 697, holds that a materialman cannot, under the statutes of Washington, have a lien on a cable street railway because the land is not subject to a lien. His decision most widely talked of is doubtless that in United States v. Stanford, 44 U. S. App. 68, in which he de- nied the right of the United States to recover in its suit for over $15,000,000 against the estate of Leland Stanford. This decision was affirmed unanimously by the Supreme Court of the United States in 161 U. S. 412. A Queer Voice, The New York Voice says: The propo- sition to raise money for the expenses of the war with Spain by an additional tax on beer must be distasteful to every right thinking prohibitionist. To wage a war for freedom in Cuba with the money that has been the price of slavery and death to thousands of our people is a tremendous solecism. This proceeds on the theory that taxation is a privilege or favor which encourages and fosters the business that is taxed, instead of being a burden which, so far as it goes, tends to repression or restric- tion. It means free whisky and taxed milk; free tobacco and taxed flour. With such reasoning as this in their leading organ, pro- hibitionists need not wonder that their party gets little respect from the great majority of the people.

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