Decisions on Petitions for Writs of Certiorari.

No. 571. JAMES GALVIN, PETITIONER, 2. CITY OF GRAND RAPIDS. February 2, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied. Mr. Timothy E. Tarsney for the petitioner. No appearance for respondent.

No. 551. C. M. PATTERSON, PETITIONER, v. R. M. WADE. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied. Mr. John H. Mitchell for the petitioner. Mr. Joseph Simon for the respondent.

No. 557. ATLANTIC TRUST COMPANY, PETITIONER, V. EDGAR C. CHAPMAN, RECEIVER, ETC. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied. Mr. Stanley W. Dexter, Mr. Edward B. Whitney and Mr. J. J. Scrivner for the petitioner. (Mr. Wheeler H. Peckham, Mr. Adrian H. Joline, Mr. William B. Hornblower, Mr. Herbert B. Turner, Mr. Jno. E. Parsons, Mr. Wm. W. Green and Mr. Allan McCulloh, for certain interested parties, filed a brief in support of petition, by special leave of the court.) Mr. Charles N. Fox for the respondent.

No. 568. ROBERT B. WHALLEY, MASTER, ETC., PETITIONER, V. THOMAS TRAVERS ET AL. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. J. Parker Kirlin for the petitioner. Mr. W. C. Beecher for the respondents.

No. 576. BUFFALO ELECTRIC CARRIAGE COMPANY, PETITIONER, v. ELECTRIC STORAGE BATTERY COMPANY. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. Thomas

Cases Disposed of Without Consideration by the Court.

A. Banning and Mr. Ephraim Banning for the petitioner. Mr. John R. Bennett for the respondent.

No. 593. FRANK J. HEARNE, PETITIONER, V. GERMAN INSURANCE COMPANY ET AL. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit denied. Mr. Joseph K. McCammon and Mr. James H. Hayden for the petitioner. Mr. William S. Dalzell, Mr. Ernest L. Tustin and Mr. J. H. Harrison for the respondents.

No. 518. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, PETITIONER, V. ELIZA MAUD HILL ET AL. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit granted. Mr. John B. Allen, Mr. Julien T. Davies, Mr. Edward Lyman Short and Mr. Frederic D. McKenney for the petitioner. Mr. S. Warburton for the respondents.

No. 567. A. CHESEBROUGH ET AL., OWNERS, ETC., PETITIONERS, v. MATTHEW BRIDGES. February 23, 1903. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit granted. Mr. Milton Andros for the petitioners. Mr. A. H. Ricketts for the respondent.

Cases Disposed of Without Consideration by the Court. From January 19, to March 1, 1903. See vol. 187, p. 50.

No. 146. UNITED STATES, PLAINTIFF IN ERROR, v. S. P. SHOTTER COMPANY. In error to the Circuit Court of the United States for the Southern District of Alabama. January 19, 1903. Dismissed, on motion of Mr. Solicitor General Richards for the

Cases Disposed of Without Consideration by the Court.

plaintiff in error. The Attorney General for the plaintiff in Mr. John Ridout for the defendant in error.

error.

No. 154. W. F. WYMAN, APPELLANT, V. VIRGILE HERARD. Appeal from the Supreme Court of the Territory of Oklahoma. January 22, 1903. Dismissed with costs, pursuant to the 10th rule. Mr. George Chandler for the appellant. Mr. John W. Shartel for the appellee.

No. 243. OLIVER AMES ET AL., TRUSTEES, ET AL., PLAINTIFFS IN ERROR, v. BOARD OF STREET COMMISSIONERS OF THE CITY OF BOSTON. In error to the Supreme Judicial Court of the State of Massachusetts. February 24, 1903. Dismissed, per stipulation. Mr. J. H. Benton, Jr., for the plaintiffs in error. Mr. Thomas M. Babson for the defendant in error.

1. A suit involving the consideration of questions relating to the power of
Congress, under the Constitution, over the navigable waters of the Uni-
ted States, is one which involves the construction or application of the
Constitution of the United States, and an appeal from the final judg-
ment of the Circuit Court in such action can be taken directly to the
Supreme Court of the United States under the Act of Congress of
March 3, 1891, c. 517. Cummings v. Chicago, 410.

2. There is no general right to a writ of error from this court to the courts
of a State; nor does the mere fact that the action was brought under
sections 2325 and 2326 of the Revised Statutes in support of an adverse
claim, entitle the defeated party to a writ of error to the state court.
There is but a special right to bring such cases, and such cases only,
as disclose a Federal question distinctly ruled adversely to the plaintiff
in error. Where no title, right, privilege or immunity of a Federal na-
ture was set up and claimed, nor the validity of any Federal statute
denied in the state court, nor the validity of any state statute chal-
lenged prior to the judgment of affirmance in the highest court of the
State, on the ground of its repugnance to paramount Federal law, this
court is not justified in taking jurisdiction. Beals v. Cone, 184.
3. To maintain a writ of error asserted under the third of the classes of