The record-union., 1893-03-07
SUPREME COURT RULINGS.
INDICTMENTS AGAINST IDAHO
MINERS QUASHED.
Application of the Illinois Central
Road for n RehearIng of the Chi
ca2o Lake Front Case Denied.
Special to the REcoRD-UN1oy.

Special to the RECoRD-UNIoN.
WASHINGTON, March 6-An opinion
delivered by Justice Blatchford Tor Chief
Justice Fuller, in the case of George A.
Pettibone and other striking Cnur
u Alene miners in Idaho. against the
United States court, decides IL favor of
the miners, and directed that the indict-
ment against them be quashed. These
cases grew out of the riots at the Wardner
mines. The court at that time had
granted injunctions restraining the stril1-
ers from interfering with the men, and
it was alleged that Pettibone and others
conspired to violate the laws of the
United States. The court holds that the
Indictment under which they were con-
victed of this charge is defective, in that
it was not shown that the men had
knowlege of the order of the court
Justices Brewer and Brown dissented.
Justice Field this afternoon gave in
structions to Clerk Mckinney to enter a
denial and notify counsel in the matter of
the application of the Illinois Central
Railway Company for a rehearing of the
celebrated Chicago lake-fronU case. The
matter was entirely informal, and forms
no part of record OF the court. The re-
flsal to entertain the motion to entry of
the case is conclusive of the controversy,
and must end the possibility of it's being
reopened as far as concerns the main
point in dispute, viz: Title to the Chi
cago water front, though there will neces-
sarily be further litigation over certain
property now held by the railway COM
pany, and alleged to project into the lake
beyond the lawful limits.
The court also refused to rehear the
cases in which the United States and
Southern Pacific Railway Company and
the Cotton Marble Company are parties.
In these cases the court recently decided
against the railroads title under it's land
grant to an immense quantity of valuable
lands in Southern California.
in the case of the City of st. Louis
against the Western Union Telegraph
Company, the court, in an opinion by
Justice Brewer, reversed the decision OF
the lower court, and held TO be valid the
city ordinance eXacting compensation
from the company for use of the streets
for telegraph poles, the charge being s.
on each pole erected. The court holds
that this was in reality rental charged
for the use OF the public streets, and thai
the city had as much right to charge such
rental as for the use of room in the City
! Hall. There is nothing in the charter o
the company exempting it from such tax.
alton on the ground that public street.
are post routes. The court did not pass
upon the question as to the reasonable
ness of the rate charged, the case coming
before it in advance of any Investigation
of this point by the lower court. Justice
Brewer based his dissent on the GROUND
that a tax of s. per pole amounted to 4
per cent. OF the returned valuation of the
company's st. Louis property, and wa.
unreasonable.
The Supreme Court to-day decided
against the United States in it's sui
against the California and Oregon Lane
Company to set aside and declare voit
the title of the land company to tracts il
Oregon purchased by the company from
persons acquiring title from grantees un
der what are known as the Wagon RoaC
Land Grant Acts of Congress. The deci
sion OF the lower court is affirmed.