Omaha daily bee., 1883-05-08
The Patent Proc ess" Of Grind
ing Wheat Declared Void
by the Court.
Ths Fighting Lieutenant Dol.
Idges Requested to Leave
the Army.
The Howgats Cass-Bliss Continues
His Talk General News From
Washington.
CAPITAL NOTES.
Special Dispatches to THs BEs.
THE HowGATE CASES,

THE HowGATE CASES.
WASHINGTON, May The court
In banc through Cnief Justice Curtis,
delivered o discussion In the two
Howgate cases. In the first case,
where the property had been attached
by the government which 1t was
alleged had been held by Howgate to
other parties, although the deed was
not recorded, the court decided
adversely to the government and dis.
missed the attachment. The second
case was an appeal from the adverse
decision of the lower court where the
defendant had resisted the attachment
Of his property by the government be.
cause the action had been brought by
special counsel instead Of the United
States district attorney. The appeal
was dismissed and the decision holds.
The United States has legal right to
employ such professional aid - It may
deem necessary.
RAILROAD REGULATION AFFIRMED.
The supreme court decision rem.
dered in the so-called "granger case"
Of Neal Ruggles against the people OF
state of Illinois, in which the question
Is ralsee whether charter granted to
the Central Military Tract Railroad
company, now the Chicago, Burling-
ton & Quincy railroad, by the legisla-
ture of Illinois In 1866, or any subss.
quent amendment therefor, contains
such contract between the state ard
company as to authorize the company
to establish Its own rates of fare and
freight beyond interference by the
state. The court answers this ques.
tion In the negative, and hold the
directors of the railroad company can
not adopt any bylaw fixing rates of
fare a.-d .reight which zr3 "a 81. iiist
with che laws of the state relating to
the same subject. The judgment of
the supreme court of Illinois is af-
6rmed.
On the 9th of March, 1883, Morgan
A. Lewis, passenger on the train OF
the Chicago, Burlington & Qaincy
railroad company, rendered Neal Rug.
giles, Q conductor Of that company, 1S
cents ~ fare for his transportation
from from Buda to Neponset, q dis
tance of ak miles. This was at the
maximum rate of three cents per mile
prescribed by the statute of Illinoi,
then in force. The conductor de-
mauded 20 cents, which was the fare
fixed by the railroad company. LswiI
refused to pay more than 1S cents aGd
the conductor shereupon attempted tc
eject him from the car. For this ac
the conductor was prosecuted befor,
Justice of the peace upon the charge
of assault and battery and fined $ll
and costs. The case was then carried
up through the state courts by suc-
cessive appeals, the railroad sustaining
the conductor, and raisiug the quss
tion of the right of the state to Inter
fere with Its business by fixing rate
of fare and transportation. A decis
lon was finally rendered in favor o
the state by Its highest court, and tn,
railroad company thereupon appealed
to the supreme court Of the United
States, upon the ground that the &C
of the general assembly of Illinois o
April 10, 1867, fixing the maximum
rate of charges for transportation o
passengers on railroads in the state
was unconstitutional and void, be.
cause 1t impaired the obligation O
contracts In the charters of variou
companies which were merged Int,
the Chicago, Burlington and Q zinc
railroad company BY the consolids
ton.
Tha .oo,k hold.
First-Ths the grants Of immunit,
from Legitimate governmental oontro
are never TO be presumed. On tb
contrary the presump.ions are all tn
other way aud unless the exemptio
Ia clearly established the leglslatare
free to act on all subj jscts within II
general jurisdiction ss the public 10
terests may seem 10 require. A stat
may limit the amount OF charges b
railroad companies for fares an
freights unless restrained by som
contract In the charter.
Se>ond-That in the present cas-
here Is no such restraint The ststt
is true, has given the board {
directors of the railroad company tn
power TO establish such rates Of to
for the conveyance of persons or prof.
erty as they shall from time to tin
by their laws determine, but such b,
avs must not be repugnant to Ii
constitution and laws of the state.
he state had not legislative power
egulate charges of carriers for hire Il
ase would be different, but that que
Ion has been settled and the amend,
charter which this company secure
from the legislature must be constru,
n the light of that established pows
The judgment Of the supreme oou
OF Illinois IL affirmed with costs.
Opinion By Chief Justice Waite.
Justice Harlan concurs In the iud
.nent, but not In the opinion. Ju
ies Blatohford did not cit In the oAl
A decision was also rendered By I