New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-05-11
SUPREME COURT DECISIONS.
THE NEw.ENGLAND RAILROAD CASE.
MINISTER LASGsrOS's sALABY-cALiFoRNIA RAIL
ROAD TAX CASES.

| ARLINGTON, llay lO.-lu e pIoceeuhkS LII
tho United states Supreme Court to day were as follows
Nos. 1877, 1878 aud 1879 Lorenzo Snow AIT the
United Snow convicted under the Edisnnds
act for unlawful cohabaton and sent to prison where
he now Is The court dismissed the ease for want Ok
jurisdiction. II also decided to recall tho mandate In the
Cannon polygmy and dismiss the case ior want OF
Jurisdiction.
No. 223-Wlliam p. Graham and Amelia Teresa Ray
mond. appellants. sgt the Boston. Hartford aud Eric
Railroad Company, al appeal from the Crciiit Court
Of the United States for the District OF Massachusetts
This b bill In equity fled In tho Circuit Court for tho
District OF Massachusetts by Graham the owner of 500
capital OF tho Boston. Hartford and
Erie Railroad Company to set aside invalid. mort
gage given by the company covering It's railroad fran
chiss and property to Robert II. Berlel. Dudley s.
Gregory and John G. Bancroft Davis the Boston, Hart
ford Erie Railroad Company as trustees to secure
issue OF bonds OF the Company 10 the
amount Of 800 100000 The was heard upon fo'r
demurrers the bill Among the causes oi de-
OF equity. laches and want OF juris
dicon in the court The ground upon which the court
asked to set aside the mortgage was that 1t was
made and authorized at meeting of the shareholders
held in New York and that the corporation being crcate
by thelaws States and Of NevYork there
FORE tho meeting illegal The Circuit Court decided
that the company being made up Of several distinct
corporations by different States had domcile
I'm each State and In the absence Of law to the con-
trary may hold its meetings In oach In Its Judgment
tho lower overruled tho demurrer for want OF
Jurisdiction and sustained the demurrer for want Of
equity and lachcs. The bill fled fourteen years after
the making of tho mortgages The Supreme Court Jus
tics Blachford delivering the opinion, arms this judy
ment
No. 1.2s1-wo Lee appellant, agt the Sheriff OF San
Francisco. No. 1,2s0Yick Wo agt. the same. The
plaintiffs convicted under an ordinance OF the
city and county San Francisco prohibiting the carry
Ing OF o laundry frame building and were sent to
prison. The Supreme Court holds the ordinance to be
discrimination against the Chinese and was there
fore Illegal and a violation of the Fourteenth Amend
the Constitution The decisions OF the lower
reversed and the cases remanded Win crec-
tons TO discharge the prisoner from custody
No.. 1322-The United States ag:. John NJ Langs
| ton Mr. Langston served Minister to Hayd from
September 2s 1877 until July "a. 1888 The Supreme
Court of the opinion that statute fixing the annual
salary Of public officer at named sum should not 10
deemed to have been abrogated by Subsequent enact
ments simply appropriating a smaller amount of ser
vices OF that officer in particular and which contain
words xpressy by eoar implication repeans tho
previous law. The judgments of tho Court OF Claims In
behalf of Mr. Langson for S7G66, is affirmed Opinion
by Justice Harlan.
In No 6l9 tho County OF San Bsrnarino agt. the
Southern Pacific Railroad company the judgment OF the
Circuit Court Is affirmed In this case as In the other
California Railroad tax tho assessments III the
opinion court speaking through Justice Harlan,
Improperly included the line of the railroad
judgment sought against the company.
No G2O-The people of the State OF California agt the
Northern Railway Company The facts IN this case are
substantially those which appear in the santa cara
case and FOR the there von the Judgment OF
the lower court affirmed Justice Harlan delivered
the opinion.
In No. 40 the County Of Santa Clara agt the Southern
Pacific Railway Company; No. 622. the people OF the
state of California agt the No. 62l. the people
state of California agt the Central Pacific Rail
road Company Justice Harlem delivered the opinion OF
the court These what known as the California
railroad tai cases. and were brought county
and state taxes, which assessed under section
1864 OF the Political Colo OF California. The
majority OF the court did not THINK tnat IL
was necessary to consider tho question Of tho
con-titutonay OF the law by which the case WAS de-
termned by the below, bat affirmed tie jIdsnent
entirely upon srounl that the Assessments cannot
be the basis OF judgments against tao companies
Justice Field, separate opinion, says asree to
the Judgment OF the court IN this and the other tax
cases. that 1t has not been deemed consist.
ent duty decide the important constitutional
questions involved, and particularly the one which WAS
so fully considered In tho Circuit Courtthat In tie
assessment according to which the taxes claimed were
levied an unlawful and unjust discrimination was made
between the property OF the defendants and the prop
erty OF individuals to its disadvantage thus suoeetng
il 10 an unequal share OF the pubic burdens and % that
depryns II OF that equal protection Of the laws
guaranteed 10y the XIvth amendment to the Con-
stltuton' The question Of trsnsceadent i'm
portance, he said, aud II will come to this court and
continue come until it Is authoratvely decided in
harmony with tho great constitutional amendment
when insures to every one whatever his position
association may be. the equal protection OF the
laws"
In No 237John F. Hartrantt, collector OF customs FOR
tho district OF Philadelphia, plaintiff In agt
Lamont Du Pont In 70 the Circuit Court OF the
United States for district Pennsylva
This was action brought by Du Pont, against uar-
tran to collect 500. the amount of penalty exacted
by Hartran collector, from Du Pont. The plaintiff
owned wooden boat which seized for sailing with
out inspection papers. The plaintiff, to get possession
asan paid the defendant undor protest. penalty Of
$500 and brought this suit to recover 1t back The
jury returned verdict for the plaintiff The Supreme
Court reversed the Judgment of the Circui. Court
No. 235-Salt Lake City. appellant. against o. j. Hol
lister, collector OF internal revenue appeal from the
Supreme Court Of the Territory Of Utah. This suit
by the city OF salt Lake to OF HOLSTER
the OF l2057 TO- Illegally oXacted by him as Col
lector of Internal Revenue for the District of Utah from
the city for special upon spirits alleged to have
distilled by said city, and not deposited IN the
warehouse OF the United states by plaintiff as
required by law ills admitted. the court that the
plaintiff City OF salt Lake. has been for the period Of
eighteen months engaged In the business oi dstl
ling and producing spirits and selling the same, and
placing proceeds OF the sale in its treasury that dur
Ing this lime the plaintiff made regul9r reports the
quantity produced and paid the tax the amount 80
reported but that while It thus operated said dtlery
It failed elected to report all the spirits which it
produced and the assessed and collected and which
the present suit brought back for the
spirits which report made. The Judgment OF
the Supreme Court OF Utah is affirmed.
No. I29l-The United states against the Central
Pacific Railroad Company. This was a suit brought In
the Court Of Claims by the railroad company
S22 I53 50 compensation for services rendered tue
United states IN transporting persons and freight over
the unaided parts of is road. The United States de-
INJURED ground the petition OF the railroad
company not alege facts sufficient 20 constitute
cause OF action OF Claims overruled the de-
murrer and the United States appealed The court
aiilrms the iudg ment OF the Court OF Claims