New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-10-30
THE COURTS.
THE DRUMMER TAX UNCONSTITUTIONAL
OPINION OF THE UNITED STATES SUPREME
THE JAEHNE CASE ARGUED.


THE JAEHNE CASE ARGUED
Washington, Oct 2a-In an opinion rendered by
Justice Bradley, in the Drummer Tax case Of William
Asher against the State of Texas, the Supreme
Court OF the United States to-day declared unconst
tutlonal all State laws imposing license tax upon
commercial travellers not residents OF the State i'm
posing the tax Asher lived in New Orleans, and
while selling goods by sample in Texas was arrested
and fined for violation of the State law making 1t
misdemcanor for any person to do business as
commercial traveller without first having taken out
an occupation tax. Asher contested the constitution
alIty Of this statute taking the ground that 1t was
repugnant to the clause OF the Constitution giving
Cor gess the exclusive right to regulate Interstate com
mercc. The State court decided against him. Asher
appealed the case to the Supreme Court which to-day
gave decision in his favor.
Tho court, In its opinion, says that II sees no
difference between this and the Robbins Tennes-
case In which the State law was held to be un-
constitutional
Immediately after the rendering Of opinions to-day
the Of Henry W. Jaehne, who was convicted In
one Of what were known the Broadway Boodiers'
cases. In NewYork, was taken up for argument.
Roger NJ. Sherman who argued the case for Jaehne,
maintained that the maximum penalty which couu
be Imposed on his client was two years instead Oh
ten and that having served two years he should now
he discharged He asserted that tho Consolidation
act which sought to put In force tho section Oh inc
Penal Code under which Jaehne was convicted was
retroactive, and therefore void. The statute being
void he declared that II therefore made no difference
whethr the crimo was committed before or after the
act passed.
Mckenzie semple for tho State of York, con-
troverted these arguments, and maintained that not
only was the not post faco, but that even
II It were, It did not therefore, follow that FOR that
reason the Penal Code should be deemed post faco
I'm its operation as to crimes committed long after both
the Penal Code and the Consolidation act went into
effect
The Supreme Court also rendered an opinion TO-
day affirming the judgment Of the Supreme Court
of the State Of Georgia in the case Of the georgia
Railroad and Banking Company, paintih In error
against the railroad commissioners OF Georgia Inc
railroad commissioners, by authority OF ihe state
legislature prescribed what should be reasonable ana
lust rates of transportation and the railroad COM
pany brought an action against thcm alleging that
the rates established constituted an impairment OF
the contract between the State and the company
its charter granted In 1888, having given II the
exclusive right Of transportation over the roads IL
might construct provided its transportation charges
did not exceed certain fixed rates The supreme
Court in its opinion, says that the reserved right Oh
State TO regulate charges by common carriers cannot
be taken away except by contract expressed In clear
and unequvocal language. The charter OF the COM
pany the court holds contains no stipulation, nor Is
any implied as to any future action Of the Legisla
The court transacted the following miscellaneous
business to-day
No 195-The County Of Livingston, Mo-. plaintiff aet'
the FRS. National Bank OF Portsmouth N. H. 'udg-
ment affirmed with costs and interest
No 3d.. II. w. Cuford and others etc, appellants
ACT John T. yinet public administrator. etc Decree re-
versed with costs romanded with direction to
enter decree Diminishing the libel with costs TO the re-
spondents in the District and in the Circuit Courts
No 3s-John S Prouty, plaintiff, agt the Lake shore
and Michigan Southern Railroad Company. Ordered for
reargument
No 1O44-The Piano Manufacturing Company, appel
liant act A. B. Graham and others. Motion to advance
to be heard with No los denied but leave granted to file
brief in No. los
No g. original ex.pare-1n the matter OF Hollen Par
ker peoner Motion for leave file petition for writ
Of mandamus granted and rule show cause ordered
No 1.os7-Thomas c. Chappcll, plaintiff. agt John B.
Bradshaw. Dismissed for the want OF jurisdiction
No l. 3e7-The First National Bank OF Chicago, appel
liant. aet Chester c. Corbln. Advanced to be heard
with No. 43o. ease.
No 43o-Julus X. Graves. and others, appellants agt.
Chester Corbn. Appeal Of Flower, Remy and Gregory
three the appellants in this case dismissed with costs
Nos. 1,1s9 and 1.l90-Lewis n. Clark. plaintiff ast
the Commonwealth OF Pennsylvania Passed until Monday
-
No 422-M L. Bundy. receiver appellant agt Will
lam NJ. Cooke. Argued
No. 4s-IgnatIus Pollok plaintiff. sgt the Brush Elec-
trio Association OF st. Louis. Argued
No Al c. RedIngs, and others administrators, etc.
appellants agt W X. Johnson executor etc Submitted
No 45-David Banks and others, appellants, ast g. L.
Manchester. Submitted
No 46-The German Savings Bank OF Davenport Iowa
appellant agt the county OF Franklin. Ill Submitted
No. 47-Paul b. Means assignee. appellant agt clement
Dowd, and others Continued
No 4s-James Coync. plaintiff. agt the Union Pacific
Railway Company. Continued
Adjourned until tomorrow.