Omaha daily bee., 1883-05-08
The Court Of Last Resort Places
the Power in the Hands
Of the Electors.
The Patent Process" Of Grind
ing Wheat Declared Void
by the Court.
The Fighting Lieutenant Dol.
Idges Requested to Leave
the Army.
The Howgats Cass-Bliss Continues
His Talk General News From
Washington.
NOTES.
Special Dispatches to The BEE.
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 wa
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
wa 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 raisee whether a charter granted to
the Central Military Tract Railroad
company, now the Chicago, Burling-
ton & Quincy railroad, by the legisla-
ture Of Illinois In 1856, 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.
ton In the negative, and hold the
directors of the railroad company can
not adopt any bylaw fixing rates of
fare a-d sreight wh.c., zr35 "a o. tiist
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, lS
cents ~ fare for his transportation
from from Buda to Neponset, q dis
lance 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 Is cents aGd
the conductor shereupon attempted tt
eject him from the car. For this ac
the conductor wal prosecuted befor,
justice Of the peace upon the charge
of assault and battery and fined 81
and costs. The case was then carried
up through the state courts by suc-
c~es.ive appeals, the railroad sustaining
the conductor, and raising. 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 Qlinc,
railroad company BY the consolids
ton.
Tha .oo,k hold.
frat THAT 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 leglLatare
free to act on all subjects 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 state
I IL 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'
the light of that established pows
The judgment Of the supreme oou
OF Illinois Ii affirmed with costs.
Opinion By Chief Justice Waite.
Justice Harlan concurs In the iud
4nent, but not In the opinion. Ju
Toe Blatohford did not cit In the oal
A decision VA also rendered By I