The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-20

aware Of its Importance. justices Gray and
Lamar did not sit in these cases. ana the court
stood TO 2 in favor OF the BEL patent
stock advanced from 195 a 220 to 200 under the
influence OF the decision.
OTHER DECISIONS
Immediately after the conclusion OF reading
OF the opinions in the telephone cases, Justice
Lamar began the reading of bis first opinion as
a member of the United States Supreme Court.
the case decided being No. 163. the Missouri
River Packet Company VS.. the Hannibal & St.
Joe Railroad Company. The point involved
was the construction to be given TO a law of
Congress authorizing the building OF bridge
for the of the railroad company across the
Missouri river at Kansas City. The judgment
of the Supreme Court of Missouri, in favor OF
the Hannibal & St. Joe Railroad Company was
affirmed.
A decision was also rendered in the case Of
Bowman Brothers VS.. The Chicago & North
Western EAilroad Company, which involves the
validity on statute of Iowa forbidding rail-
road company 10 bring Intoxicating lIquor lnto
that State. unless such company has been fur-
nished with certificate from the auditor OF the
county to which the liquor is to be transported
showing that the consiguee is legally authorized
TO sell it. The court holds that the power to
regulate or forbid the sale OF commodity after
it has been brought into State does not carry
with it the right and power to prevent its intro
duction bv TRANSPORTATION from another Srate.
The section of the Iowa statute of April 5, 1885,
WDlcu pTCDlDltS FhtlFOdu companies from DEiHS-
ing liquor IN the State. is therefore declared to
be invalid. and the Judgment of the United
States Circuit Court for the Northern district
OF Illinois is reversed. The Chief justice and
Justices Gray and Harlan dissented
A decision was also rendered by the court in
the case of the CITY of Chicago We. Catharine A.
Taylor ct al This was suit for injuries al
legged to have been caused TO property by the
construction of q sewer in Eighteenth street in
Chicago The Judgment Of the Circuit Court in
favor of the npiainant Is affirmed.
The cnurt also dagfdad the a. of tha VILLA
mette Bridge Company vs. Hatch ct al. This
suit for an injunction to restrain the
bridge company from constructing a bridge
the Willamette river between Portland
and East Portland, Oregon. This court holds
that the original suit not one arising under
any law of the United States and that there
fore thu lower court without jurisdiction.
The case IL refnanded, with instructions TO re-
verse the decrae in the original suit and dismiss
the bill filed therein without prejudice to any
other proceeding which NAV be taken. A de-
-ision was also rendered in the case of the
Western Union Telegraph Company against the
Attorney general of MASSACHUSETTS. This was
suit to enforce the collection of tax levied by
The authorities of the State upon the telegraph
company and for the purpose of enjoining
that Company from the further operation of it's
telegraph lines within the limits of the State
until the tax should be paid. This court holds
that the tax assessed against the company is a
valid tax, the Judgment of the court below that
the claimed py the plaintiff to he due for
saxes. namely $l0,6l8, be paid to said State by
the company with interest thereon" is without
error. and so much OF the Judgment Is affirmed.
That part of the decree of the Circuit Court,
however which awards an injunction to re-
strain the company from carrying on its bust
ness in the State until the tax shall be paid. is
reversed, for the reason that If Congress had
authority TO say that the company might
struct and operate its telegraph over these post
roads, as have repeatedly held it had, the
State can have no authority to say that it shall
not be done.