Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-05-01
Especial Telegram to the Globe

lppOCLdl IelcSIdLI W uIlo
WASHINGTON, April 30.-The impression
here is that if the vacancy created by Gen.
Raum's resignation is filled at once, it will
be filled by j. G. Burrows, but that the
president will probably want few days,
and in that time some new man may come
up. The position it was intended to give
Mr.. Burrows was hat of second comptroI-
Ter, but a vacancy having occurred, the idea
was that it would be better to utilize it
than make another one by removing the
occupant. The commissionership IF inter
nal revenue is a more highly paid and
vastly more responsible and influential po-
sition than that of second comptroller.
There are several applicants for the place
Gen. Raum will leave, but Mr.. Burrows is
the only one much talked of.
Western Associated Press.
WASHINGTON, April 30.-The President has
not yet signed the commission of Keim as
Chief Examiner under the civil service
commissioner. It is stated at the White
house that the appointment will not be
withdrawn unless the commission express
desire to that effect, because 1t was made
upon Iu6lr
The general impression now is, that no
appointment as commissioner of internal
revenue will be made at present. Deputy
commissioner Rogers is acting as COM
missioner to-day, and will continue in that
capacity until an appointment is made.
SUPREME COURT DECISION.
A decision was rendered by the supreme
court of the United States to-day in the
case Of Parkersburg & Ohio River Trans
I portatisn company, appellant, against the
city of Parkersburg, w. Va, and others.
This case, which is one of considerable
| importance to all cities and towns along
the Ohio and Mississippi rivers, arises
from the following state Of facts: The
city of Parkersburg, W. Va, built a wharf
| and established certain rates of wharfage,
which the Parkersburg & Ohio Transporta-
J ton company complained of as extortion-
ate, and as being merely pretext for levy
ing duty on tonnage. The company
thereupon filed bill in the circuit court
of the United States to restrain proceed
ings in suit brought in state court for
the purpose of collecting wharfage, and to
have the wharfage ordinance declared IL
legal and void. This court holds
First-That as the ordinance on its face
imposed charges for wharfage only, though
the charges might be unreasonable and
exorbitant, the Court will not entertain the
movement that they were in reality not
intended for wharfage, but as duty on
tonnage. An inquiry into the secret in
tent of body which imposes charges is
inadmissible. Whether it is one thing or
the other must be determined by the ordin-
ance or regulation itself.
Second Wharfage is charge for the
use of wharf, made by the owner thereof,
by way of rent or compensation, while a
duty on tonnage is tax or duty charged
for the privilege of entering, or trading, or
lying in port or harbor, and can be i'm
posed only by the government.
Third-That whether the charge is wharf
age or duty on tonnage is a question not
of intent, but by reason of fact and law.
Fourth-That although wharves are re-
lated to commerce and navigation as aids
and conveniences, yet being local in their
nature and requiring special regulations
for particular places, control of them,
in the absence of congressional leg
islation on the subject, belongs to the state
in which they are situated.
Fifth-That suit will not be in the cir
cult court of the United States for relief
against exorbitaat wharfage, as the case
arising under the constitution or laws of
the United States even though it be alleged
that the wharfage was intended as duty
of tonnage. The decree of the court below
in favor of the city of Parkersburg is there
fore affirmed. Opinion by Justice Bradley,
Justice Harlan dissenting.
THE CIVIL SERVICE COMMISSION.
-
The commission has not requested the
president to withdraw the appointment OF
Keim as chief examiner of the board, and
the matter remains just as it was when the
appointment was made, Mr.. Keim not hav
ing recesved his commission. AS to what
} the commissioners might do, Eaton would
! not speak, except to say in general terms
, that they were we'll aware of the bad effec
: that would be wrought upon the future
t work of the commission, if it we're shown
there was good ground for adverse
} criticisms made upon the appointment o
4 Keim. The Commission had been engaged
9 to day in going overulesr recently draf
9 ted, and presented to the president, AM
r Eaton thinks they will be approved at tn
cabinet meetiog tomorrow.
ELECTRIC LIGHTING.
q In Inc patent case OF Stan q Feyton Vi
Moses G. Farmer for an improvement i
electric lighting the secretary of the int
! rior affirmed the action of the commission
er of patents, awarding priority of inver
!, ton 10 Farmer. The secretary holds tha
u the applicant having sufficiently demon
0 strated in the manner prescribed in tn
statute by specifications and drawings thu
!. he has completed the invention, and ths
it is capable of successful operation, he