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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



Vol.. 5

JUNE, 1898.

iNo. 1

 Monthl * y. Sbscription. 50 cents per annum post-
paid. Single numbers, 5 cents.
                          Rochester, N. Y.

177 Broadway.

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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