New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-08


injurious 70 the public health comfort safety be
and al p' pe as me exclusive
grant TO plaintiff The decision continues! 1t cannot,
present grant Of exclusive privileges obstruct the
State IN the exercise of her power TO provide for the
public health protection and SAFETY. The provision III
the Constitution In relation TO mon0poes Is IN no
grant exclusive has no relation whatever to the public
health, safety or morals Thee considerations DEPEND
and not upon the franchise is exercised
! by one instead OF many companies. ,
In conclusion the Court says " IT. as the monopoly
clause OF the State indicates to be the judgment OF the
State public interest viii he best subseryed by an
abandonment OF the policy OF granting exclusive
privileges corporations other than railroad companies.
IN consideration OF service to be performed by them for
that result with respect corporations
with the unaffected by that change IN the or
ganc law. Let rights and franchises which have
become vested upon the faith OF such contracts be taken
aud paid for the public under the States power OF
eminent domain. In that way the pghted talth OF the
public Will he kept with those who have made large in
with them should not he violated" The deeis
of the lower court Is therefore, reversed and the
No 533Ihe decision OF the lower court IN the OF
the New-Orleans Water Works Company agt Rivers was
also reversed the same ground that laid down In
the portion OF the preceding case relating 10 mohopoy
No GOETHE Northern Pacific Railroad Company, ap-
pelant, from the supreme Court OF Dakota SUIT was
brought III the District Court VI Trail County, Dakota,
By the present appellant, liver l. Rockue treasurer OF
collection Of taxes assessed on the Lands Of the
the defendant The Supreme Court OF the Territory
affirmed the Judgment THIS court now the
Judgment and the ia remanded with directions 20
cause decree TO he entered perpetuay enjon'ng the
collect the This action is based upon the pro
visions Of the act Of Congress which prohibits the con
Of granted lands To the company until the
costs OF survey have been paid to tho Government
ToisIns the titie as ps s~curity and this
security wonld be nemtrazed If the
are aware of the use being made Of this principle by the
companies no, having earned the lands, neglect TO pay
lies with Congress and is of easy application II that
body will take steps to enforce its lien tor these cost. Of
Treasury OF the United states would soOn be reimbursed
FOR its expenses in making these surveys and the states
their appropriate rights OF taxation" ...,,o.,
the Missouri Pacific Railroad Company aud the st.
Louis Iron Mountain and Southern Railroad COMPANY
Appeal from the Circuit C0ug. or the United States FOR
the southern District of Missouri TINS su brought
by the Pullman Palace Car Company TO oujun the Wis
Pacific Railroad Company aud the 81 Louis, Iron
Mountain and Southern Railway Company from discoD-
tnuing the OF the drawing cars aud sleeping
cars Of TIC former company IN the line Of The 81 Louis
Iron Mountain and Southe Company, from refusing 20
haul said cars on passenger trains running on said lines
aud from contracting with any other person Tor supply
INK IKE cars tor that Use. lac Court Mellow dismissed
the biil on demurrer. ana rom He,iee 10 ih.t
eucct ms appea WAS t4k'n' me mdiu questions
involved I'm the case whether the contracts made
between the Missouri Pcnc and the Pullman companies
m de before the consolidation OF the Missouri IIelrc
aud st. Louis, Iron Mountain and Southern Railroad
COMPANY bound the consolidated COMPANY TO ham ne
Pullman cars over the road of The ~ Louis Iron Mount
ain an Southern Company II hat roAi IL controlled hy
the consolidated company within mo meaning ~ tho
contract, and whether 10 controlled by the c,nso
dated company. he opinion OF the cpnrt IS That the
present P4cifc COupauY different company
from tha which contracted Wth the Pl.lU1 Company
tha the railroad the II. LOUIS, Iron Mountain aud
Southern Company not controlled by The present Ms
SCUM Pacific company In such /" way "s To- r-qure
that company To haul the Pullman cars. Tic Missouri
Pacific Company has bought The stock O. the 81 Lols,
Iron Mountain and southern Company, ana has affected
satisfactory election ~ directors but that r. al II has
all the advantages Of control Of the road but thai "a
the road thronrh their own agents ana executive oct
ami these agents aud O'ICcis n hu Nay under Tie
direction of the Missouri Pacific Company II they or
the directors aci contrary to the wishes Of tue M'7ou
iaciuc Company thai company has 100 power To prevent
judicial proceeding for tue protection Of rs IN
teres- as shareholder Its rights and it, powers are
by Cbicf Justine waite
T0 .5nD TeTEy IT'S; 8 CO. pana' T a
sion D. collector &c pMntn IN TOT go. ID NJ Iriry co.
Eastern ui,tlc Michigan Judgment afrucd thc plain.
a. IA error ~ e4cn Ca'r TO pay n" cr'k c'5 ne IN ana
pens o printing the record ID by i oInon by Justice
ca,lc, Harrison a. another. PLAINTIFF crr,c
United states ir southern
York Judgment Affirmed win ,osts. opnon py in. uec
40 Tho DAVIS ewing Machine Company. etc. oluuuG
error to me Scprepc court Of III r-iuct Of Columbia
No.tI Herman batter and tiei- aIprn,n 1T fhc
hsesh 9na Aaeg Az o gg ~ 1 ny , a' d M
Western nisrict Of or'h Ca.oiua Decree amrHe- ~ih
40 - Innger piant.a b. error sgt jaime, Ken.
Of tie >tste OF Virginia be,ne revct"d with cots AMI
conformity with tlc ,puon Of the court opun b. Justice
No p James Kcnnv trustee etc. r'anuG error ar
JACOB Ennger Ia error 20 the supreme Court o. nppr5s
Of nc stare Of Virginia Dismissed Win 'os's Oph'on %
No 81 oila Campbell adrlnr ord others pa.na.
Oh ie state ~ lexis Jlagmen. Affirmed opinion
MO eeay com 49, Nc 4nqn fr9 , az le
Ia gTi"r q = he CTGy 1@n %d .Dg gg cost 'c c NEE
~ouIon ;or flrthcl proceeding. BE- hal
therein according 10 law. Opiui by tnefJusucc wnt-
ag he Chicago and TorihIcscrn Ga.Irold CON any
~ ti@r 10 e Ci,H' I"rt "i WE n'u Snes I" ' ~
!Orsocuon. Opinion by Gniei,Jusuce Wait. -,
wilcox Others appcal l,,acd & ali appellres
oe2t %noL 9PEo9 9 ny Ss 5us az YET; error a o
s,a,e Of 81 NG9!sNu III ntoI T. ~. TaPi f 81 one
No 82J,Adop Lcyisohn and others. plaintiffs IN error
agt ~d9n Me"ef9o't 9aa 9l4's In e"t TO is IL'I o
Ee" YORK On motion Of counsel iof deondhnts III error
No Robert c Hewitt appellant at Icwi. s Fhbert
and { support o. motion AMI iicnke rosi
ne e22A On o GG on@ Ge e P aTne a5r f loan
80 "Z2-Ihe oregon Railway ana Navigation company
ad Notion to advance supnlttod BY 4 il Galni and %
Etnnnds IN support Of mooni and BY Carter IA OPP
andoticr 81 rnoJby lu- ~ II rot ior appellant
No Ip1i-Ih MON Taciuc Railroad Company appellant
al. The ne sts g. PeIlt9n an moioa to roman cause
by John Dillon In support Oi motion, ana cOnnled DO
No 6De-I The o-ten Cmou rcesra Company. plaintiff
George r. Han. MOlOn 10 dismiss SubItioC by
c. Sc clara In -upDOTt oil motion and by Wager ~wayne
opposition tlerctI
so. lU6l-lhs Minneapolis and -. Louis Railway 90,
pla nj J IN AT Oliver BcCtwth Motion To- dismiss
Submitted OliycT Beck with e. person. IN
and by Jer Chandler anu Epua HuntOn position
thereto.
CALENDARS TO. DAY
ss ~ cG n 10 e 1872 oo Pononpe e.
lo7 1913 1873 lC1 g. lb4 lhi RI I3 40 2V Zi3 l43
40. 81. -. 1t3. 2ti ZLt.
sUPHEME CoUEI-~rEcIAL IEHM-PAtf Before Beach
J-Nos DcuuII -. 70, b. 90 o., nos and Fact
800 535. H SO 2js 800, 100, zOl, li7 FAC zG2 40
10. 70. 2l3. Z0J. 10. 3l7.
sUPcEME COuRl-~PEcIL TERN Part GI-Bcfore Van
Nna LcmmLInr b. g Inv md ~. Ia