National Republican., 1886-10-26
THE COURT RECORD.

United States Supreme Court.-The Supreme
Court rendered its decision yesterday in the
case Of the Wabash, 81. Louis and Pacific Rail.
road Company, plaintiffs in error, against the
people of the state Of Illinois,
The specific allegation was that the railroad
company charged Elder & Mckinney Is cents
per 100 pounds for transporting goods from
Peoria TO New York city, aud on the same day
charged Isaac Bailey and II. o. Swannell ~
cents per 100 pounds for the same class of
goods from Gilman, ILL.,, to New York. Gilman
being eighty.six miles nearer than Peoria TO
New York. The discrimination, II was alleged,
was in violation of the law of Illinois, which
prohibits any charge for the transportation of
passengers or freight within the state of Illi-
nois proportionately greater than would be
charged Tor the transportation of passengers or
lire, classes of freight "over greater distance
Of the same road"
The elst of the decision is contained In the
conclusion, as follows:
when II is attempted to apply to trauspor.
tatiOn through an entire series OF states priu-
ciple OF this Kind, and each one OF the states or
Of half dozen states shall attempt to estab'
lish Its own rate of transportation, its own
methodsto prevent discrimination In rates, or
to permit II, the dcleterious influence upon the
freedom OF commerce among the states, and
upon the transportation of goods through those
states, cannOt be overestimated. That this
species of regulation Is one which must be, If
established at all, of n general and nationll
character, and cannot be safely and wisely re.
mitted to local rules and local regulations. We
think II clear from what has already been said.
Ana II IL he n regulation OF commerce., as we
think we have demonstrated 1t is, aud as the
Illinois court comedies 1t to be, 1t must be OF
that national character, and the regulation can
only appropriately be, by general rules and
done by the Congress OF the United states,
underthe commerce clause fthe constitution"
The judgment of the supreme court Of
Illinois. which was adverse to the railroad, Is
reversed, and the case is remanded to that
court for further proceedings in conformity
with the above opinion. Opinion by Justice
Miller.
Justice Bradley delivered dissenting opin.
ion, in which the chief justice and Justice Gray
concurred. In this opinion 1t is conceded that
Congress might, If 1t saw fit, regulate the mat
ter under considerations but not having done
so, 1t is held that the state does not lose its
power to regulate the charges of its own rail-
roads in It's own territory simply because the
goods or persons transported have been brought
from, or are destined TO point beyond the state
borders.
The following additional business was trans
acted by the court:
No. H. The Vicksburg aud Meridian Railroad
Company, plaintiff In error, VS.. Israel Putnam.
In error TO the circuit court of the United
States for the northern district of Georgia.
Judgment reversed with costs and cause re-
manded with directions to set aside the verdict
and order q new trial. Opinion by Justice Gray.
No. 1905. William II. Peters, receiver, &c,
appellant VS.. Robert I. X Balm ct al Motion
to advance denied.
No. $50. schmidt Brothers, &C., appellant
vs. L. NJ Cobb.
No. $50. Arthur oMalley, appellant VS.. ]. p.
Appeals from the circuit court of the United
States for the northern district of Iowa. De.
crees affirmed with costs by divided court.
EX parte; Mrs. T.. ]. Rallston and husband.
Leave granted to file petition for mandamus.
No. Az The City of New Orleans, appellant
vs.. The United States, ex rel. Myra Clark
No. u.s. The City of New Orleans. plaintiff
In error VS.. The United States, ex rel. Myra
No. 1888. The CITY of New Orleans, appellant
VS.. Myra Clark Gaines. Order of publication
granted and motion to consolidate postponed
until new a parties Part t,n are made S,,,,,o on, G.
United States. Motion Mitb % advance denied. ~
No; 9l5. The United States, plaintiff In error,
VS.. ii. q. Parker ct al. Motion to advance
granted and cause assigned for argument on
w No g Jesse p Farley, appellant, vs. Norman
first Monday in December, after No. 9i5.
No. 1l6. The Mutual Life Insurance Com.
pany of New York, plaintiff In error, ys. Wal
burga Wackerle. In error 10 the circuit court
of the United States for the eastern district of
Missouri. On motion of Mr. b; II. Brewster, in
behalf of counsel, dismissed with costs.
No. So. Charles William Siemens ct al, ap-
pellants, vs. William Sellers ct al. Continued.
No. l39. Robert G. Eastman ct al, vs.. Fred
erick Eckers ct al. Appeal from the circuit
trict of Pennsylvania. On motion of Mr.. II.
Howson for appellants, dismissed with costs
No. s. The Chicago and Alton Railroad Com
pany, plaintiff in error, VS.. the Wigglns Ferry
Company. Argument concluded by Mr.. q.
| Beckwith for plaintiff in error.
No. T. The City of New orleans, plaintiff In
error, VS.. The State of Louisiana ex rel, Henry
| Shepheard. In error to the circuit court of the
United States for the eastern district of Louis.
lana. Dismissed with costs pursuant to the
nineteenth rule.
Robert NJ Wilson ct al, Appeal from the cir
| cuit court of the United States for the eastern
district of Louisiana. Dismissed with costs on
consent of appellants
No. "A. The Home Insurance Company of
| New York, plaintiff in error, VS.. The People OF
| the State of New York. Argument commenced
Thomas spratt, Of ogdensburg, N Y; Dennis
Howson, Of Philadelphia, were admitted to
practice.
Court in General Term-Chief Justice Cart
ter and Justices Cox and Merrick'-Kilbourn
VS.. Latta; opinion by Justice Merriek remand
ing case to the special term for an account.
United States VS. Phillips, Ross, ct al; opinion
by Chief Justice Cartier dismissing suit for
want OF Jurisdiction. Glenn, assignee, vs..
Barker VS.. District of Columbia; unanimous
opinion quasbing certlorari. Robbins vs. Rob
bins; suggestion OF complainants death and
petition of executor for appeal to United States
Supreme Court. Green VS.. Farmers and Me
chanics, Bank on hearing. Assignment un-
CHcult COurt-Justce HaBner.-uoluen vs.
Gibson; Judgment on stipulation. Goldsmith
VS.. Starring; judgment for plaintiff Eastwood
VS.. Fathers; verdict for plaintiff for $50.
Hughes Il Miller VS.. White; Judgment by de-
tion for new trial filed. Gray VS.. Passauo;
verdict for defendant. Street vs. Potee, gar
nishee: on trial. Assignment for to day-Re-
mainder of appeal cases.
Equity Court-Justlce James.-IIome Savings
Bank VS.. Bohn trustee authorized to receive
S6,2l722 for part of sublot 2, square 73l: Ken
nedy Vs. Cole; appearance of absent Defend
ants ordered. Riley vs.. Boyland; sale decraed
and A. G. Lee appointed trustee. Morris VS.
Starr; payment for repairs by receiver ordered.
Bennett VS., National Base Ball Club; pro con
fesso vacated. Berrett VS., Middleton; hearing
continued. Assignment unchanged,
Criminal Court-Justice Macarthur. = Bud
Warner, burglary and larceny; released from
custody. Wm. 4. Benton, perjury; on trial.
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