The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-25
Several Opinions Filed by the Su-
preme Court OF the United
States.
Saloons Cannot Be Declared Nui-
sances Because Workmen
Will Get Drunk.
Tho S0uth Carolina Sheriff Who Grabbed
aTrsin for Taxes Ii Properly In
Contempt.

WAsHINaToN, April "a. - The United
States supreme court to-day affirmed the
Judgment of the United States ci; cult court
for the state OF Washington in refusing to
grant writ Of habeas corpus in the case of
Albert Frederick, now undergoing sen
tence Of twenty years. imprisonment for
murder in the second degree.
A case presenting unusual and novel fsa-
lures was decided in the supreme court to-
day. Justice Gray delivering the opinion.
1t was entitled the Northern Pacific Rail
road company vs. G. j. Brooks q Co., ct
al. defendants. including a number of
saloon keepers and the board Of commis-
soners Of Kittitas county, Washington.
The railroad company brought suit to abate
saloons maintained by defendants as nnis-
ances. and to prevent the commits
sioners of the county from renewing
licenses to them. The ground upon
which the complaint is based was that
employees Of the company, who must neces-
sarily use dynamite and steam in construct
ing the company's railroad line through
kittitas county, were induced by de-
fendants' saloons along the line of work
to become untitled for the safe use Of these
| instrumental and thereby caused loss
to the corporation by delay in finishing the
work. The state courts ruled against the
company and they appealed from the ju6R-
ment of the supreme court of Washington
to the supreme conrt.
Justice Gay. however, for the court
affirmed the Judgment OF the territorial
supreme court. stating that upon mono of
the grounds advanced by counsel FOR ap-
pellant could it maintain action and secure
the relief sought.
The South Carolina tax cases were passed
upon by the supreme court of the United
States to-day. the opinion being delivered
by Chief Justice Fuller. 1t came upon the
petition of Sheriff Tyler; of Aiken county.
for writ of habeas corpus to release him
from IMPRISONMENT under Judgment of the
circuit court of the United States that he
be fined 5000 for contempt. He had seized
train on q South Carolina railroad upon a
warrant issued by state authorities for the
collection of taxes which were in contro-
versy. The road was in the hands of a re-
ceiver. appointed bv the United States
court, and he was adjudged guilty of con-
| tempt for failing to release the property
under an order of that court. He came to
the supreme court for relief.
Justice Fuller returned an opinion con-
tanning much stronger language that is usu-
ally found IN such documents. denying the
application for the writ. He said the seizure
of the property by force was unjustitiabls
and could not be defended. The claims of
the state for taxes are not superior
to the general rule. which makes property
placed in the hands OF receiver subject to
the orders OF court; they are to be de-
termined in regular way and proper man
ner. The action of the circuit court Chief
Justice Fuller said, was in no sense an
action apainSt the state of Sonth Csrolipa
which. it was concluded, could not be main
tanned under the eleventh amendment to
the constitution. In conclusion he said the
circuit court was equipped with the fullest
power to protect its dignity and enforce its
mandates, and its use of these powers in
| the case in point could not be reviewed
here. Therefore. the petition for a writ of
| habsas corpus WAS denied. The same
judgment was announced in the cases of
Sherman, Riser and Gaines. who came to
the supreme court of the United States
with Tyler for relief.