The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-05-28

New ORLEANS, May 27.-The supreme
court Of Louisiana has passed upon
the constiturlonality of the Jim Crow"
car law passed ut the session of the last
Legislature, and known as act Ill of 1899.
The question came up in the matter of the
! state of Louisiana eX- rel. w. &. Abbott
VS.. Judge A. w .. Hicks of Caddo, on an
| application of prohibition and certiorari.
a plea to the jurisdiction of the lower
| court coupled with motion to quash the
information was filed setting forth,
! first, that the act charged in the infOrma-
! ton was committed by the relator eX-
| clusiVely as an officer of Pullman's Palace
| Car company. in charge only of one Pull
man car attached to a train on the Texas
and Pacific Railway company. Second,
| that the negro admitted into said car WAS
an Interstate passenger, that is "A passenger
! travelling from a point i'll the state of
! Louisiana to his destination in the state
| of Texas. Presiding Justice Fenner read
! the opinion in the case, the syllabus of
which is as follows:
l. Relator, prosecuted for violation of
act III of 1890, requiring officers of railway
companies to assign passengers to coaches
or compartments set aside for the race to
which they belong, pleaded the jurisdic-
tiOn of the court, on the ground that the
person referred TO in the information was
I an Interstate passenger to whom the stat
ute did not and could not constitutionally
apply, and that the act charged was not,
therefore, a violation of any law, A de-
murrer to the plea was sustained by the
respondent judge.
2. Upon the facts presented on its face
the plea of jurisdiction WAS good, and
demurrer thereto could not be lawfully
sustained.
5. The jurisprudence of the supreme
court of the United States, which in such
ii matter is paramount authority, eonclu-
siYely shows that such statute is regu-
latiOn OF commerce, which though valid as
applied to domestic passengers, being in
violation of the exclusive right vested in
congress TO regulate commerce between
the states.
4. The Judgment sustaining the de-
murrer is pronounced null and void, and
respondent is prohibited from further pro-
ceeding until the plea to the jurisdiction
Is heard and determined on the merits.
SOUTHERN PRESBYTERIANS.
Hot SPRINGS, Ark, May 27-Consider-
able time was consumed by the Presby-
terlan assembly this morning in con slider
ing the supplemental report of the COM
mittee on home missions, but it was finally
adopted. The report appeals to the church
TO raise ST., 900 in June and @lS $50 in
August for the support of evangelists,
missionaries and beneficiaries
The report of the committee on foreign
missions was then presented and adopted
The number of missionaries under the care
of the executive during the year was los.
distributed as follows; China, 3S; Brazil,
2S: Mexico, 8; Greece 4: Italy, 9; japan, 49,
the Congo free state, 5; Cuba, g. The re-
port of the treasurer showed that receipts
from all sources amounted to $3.50, ,276.
The report of the committee on publca.
tion, amended aS proposed by Rev. Mr..
LEVEL, WAS then adopted.
At the afternoon session the assembly
appointed hymn book committee from
nominations made from various synods
The Missouri synod is represented by Rev.
". IL. Marques.
The wine question was taken up, major
ity ana minority reports being submitted
The majority reports declares ''fermented
grape juice the proper Scriptural element
in administering the Lords supper"
while the minority report declared I'M
teTmented grape juice the proper eie-
ment."
DR.. Creil offered as n substitute to the
whole matter that the assembly decline d
deiiyerance upon the question. since the
prosper elements have bsen we'll known
from time immemoriaL"
After a discussion. pro and con, a vote
WAS c ,lled upon Dr.. Creifs substitute.
which was lost. A vote was then called
on the minority report, which was also
lost.
Pending a vote on the majority report
Rsv. Mr.. Sloan offered as = substitute.
uat II Is the Judgment of this assembly
that the ScriptuIal element is the Juice o.
the grape whether fermented or uufer-
mented." "
Tuis was lost, aud the majority report
was then adopted.