New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-25
THE RAILROADS WIN. p
THE SUPREME COURT DECIDES THE
~GRANGER CASES"
DISSENTING oPIYIoYs-oTHER DEolSio''
TILE COURT.

Washington March 24.-The supreme 80. ., rho
United States to-day rendered an opinion }" ' n rail-
,,"a,o,t. ro.t,rn Railway Company against inc i'A'
road and Warehouse Commission OF Minnesota '1 nrov
case OF the Chicago, Milwaukee ana 81 ' ,,o,vo "a
Comnany against TIE same. These are wna' are y,
.,h. cr,roor cases In the first the Conin'e
without a hearing made order fixing II pc' ~ ~. ~
o. loaded or unloaded as a maximum amount "ni0 49,
railroad company would be allowed to charge LOT ,
and switching cars In Minneapolis. the rairo"u no.
henr 81 o5 for empty and 81 90 for loaded cars nv
railroad maintain that It's rates were not unequai "
,onahe and tina, the price fixed By the Con ussloh va"
an unreasonable compensation ana set ior'h 'ne i
regard TO s property, earnings ana expenses III up'0
=, n, statements The action OF the Commissioners,
contends would deprive the company on lts properly VIII"
t de nroce,s OF law therefore In violation Oh
the fourteenth article OF the constitution In .no s
case the Commission fixed 2i2 cents per Bslo" III ee"
ian cans a. reasonable compensation Tor the transpor'a
rio, Of milk from Owatonna tarloaui, 10 D. rdui VI
Nn,cano. the former being seventyone anu inc ae'r
artv.sn miles away froi Minneapolis Inc 'si''osu IT,
fused TO comply with the Commission o'1'i'' SUI WV
,oc mo, the same rate for both distances was I'M
reasonable and contrary to the statutes o. 'i'''O
,ad, tho giving Of an unequal or UNREASONABLE prefer
ence or advantage to any particular LOCALITY " w.
mower to fix and establish rates belonged 70 'N'' -
I,ur, and could not be delegated to the Commission" anu
furthermore that the Commissions action WIS u"
,,o,al IN that H. derives company OF It's properly VIM
ont due process Of law The decision OF 'ne oui''"
Court Of Minnesota against the raiiroau' "'' ~ w.
comes hero appeal , .,.o ,ros
rrNcf-t, 4
,, minority in favor OF the state. inc groul'o
,sen by the court Is that the decision OF "'e
Sion was final and as there was 10 pFo'',' ~ a.
oiol determination OF the reasonaDlenes7 OIL Inv
IL amounted to taking the property oil tne co"pSS
due Process Of aw. and vas therefore VII, and
Iu-tce Batchford delivered the opinion oil inc oo'
Justice Bradley delivered dissenting o'h'o" " ,,,,a
-, himself Justice Gray and Justice Lamar. justice
Miller concurr,d the conclusion Iea'h'u ~ "'' "
but did not fully approve the opinion r''u'i,a c..
nod he Judgment
for the Eastern District q Virginia. granting win "a
aloas corpus to Wilson Lonoy, convicted IN one VI ~
stat. courts u perjury. LoAey u was a''s'u' 80
,,iv In giving before a notary public, testimony "
he used in the Virginia contested election case oil auu
40, W,se from, the Richmond District The court Day
that though notarie, public are state on'er'. S'' Wv
testimony given In Congressional contested eiec'o" '"
IL, given fin obedience % laws of The United St'''s
49,, o, n, fhe state tn. accused should therefore
ne been ti!ed before Federal court and not before
state ..
Justice cray reversed the Judgment OF the same court
oartug a wit of habcas corpus t. Charles "'h' con-
,,t IL, fraudulent voting at the last Presidential eiec-
ron Ills application granted by the lower court
on TIE sane ground stated IA the case ol L"eS' va,
tiat be. -Aod have tried in the Federal ana not
IN the state Courts. The Court holds that Green .
/ offence Is state matter anu inc ''So % 7 "
lower co.IL
other decisions Of the court were as follows
Ne 49, John scrcy.r. ETC., appellant, dEt' "4i'a"'
rof. soft gnec etc. Appeal from the Circuit Oour
&c. ,.,,,d safe. FOR the southern District o. New
yo,n Decree reversed wiki costs ana cause I'h'hu'u
o. ,,-tnr ,ro...dne, 10 b5 had therein IN conformity
'' ''' ''' ...o, ~, mi. ,,,.,t.
"', ~, .rt r.,i,es states appellant agt Richar I'd
. - al ,r,,r t.e Court Of Claims. judgment
e,
'lNl"''1 ,.., "a, ,,,.,i,n.. at, the Anchor
w. ,,..,i fr,a t,. Circuit Court Of IA,
'., $50. ,~ ,,. southern District Of Ne~-NorS. De-
,."..., .,..,..s Win cot, and cause roinanded.
t ,..t.. In The matter u Martha NJ Tompkns 81 al
,t.r. Motion for leave Ole petition for Wit OF
/ ....'... ,.ota