The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-07
THE MINERS DISCHARGED.
Decision of the Supreme Court in
the Cgur d'Alene Miners
Cases.
The Court Orders That the In
dictments Against Them Shall
Be Quashed.
&
Tho Minors Had No knowledge of the In
junction OF the Lower C~ourt-Other
N%. Decisions.

WASHINGTON. March Gin an opinion
delivered by Justice Blatchford, for Chief
Justice Fuller. in the case of George A.
Pettibone n other striking Ceur d'Alene
miners in Idaho, against the United States.
the court decided in favor of tha miners.
and directed that the indictment against
them be quashed. These cases grew out Of
the riot at the Wardner mines. The court.
at that time. had granted injunctions re-
straining the strikers from interfering with
the men and it was alleged that Pettibone
and others conspired to violate the laws Of
the United States. This court holds that
tho indictment under which they were con-
victed of this charge is defective, in that it
WAS not shown that the men had knowledge
of the order of the court. Justices Brewer
and Brown disssntsd.
The supreme court to-day decided
against the United States in its suit against
the California & Oregon land company. to
set aside and declare void the title of the
land company to tracts in Oregon. pur-
chased by the company from persons ac-
curing title from grantees, under what is
known as the wagon road lane grant act Of
congress. The decision of the lower court
ia affirmed. &C.,
In the case Of the city Of st. Louis
against the Western Union Co. The court,
in an opinion by Justice Brewer, re-
versed the decision of the lower court and
held to be valid the city ordinance
for the use OF streets for Telegraph
poles. the charge being IS on each pole
erected. The court holds that this was in
reality a rental charged for the use Of
public streets. and that the city had as
much right to charge such rental as for the
nothing in the charter of the company ex-
emptinR it from such taxation on the
grounds that public streets are post routes.
The court did not pass upon the question
as to the ieasonebleness of the rate charged.
the case coming before it in advance of any
investigation Of this point by tho lower
court. Justice Brewer based his dissent or
the ground that the tax of IS per pole
amounted to A per cent of the returned
valuation of the company's st. Louis prop
erty, and was unreasonable.
Justice Field this afternoon gave direc-
lions to Clerk Mckinney to enter denial
and notify counsel in the matter of the
application of the Illinois Central Railway
company for a rehsarinR of the celebrated
Chicago lake front case. The matter was
entirely informal and forms no part Of the
record of the court. The refusal to enter
tain a motion to retry the case is the con.
c!usion of the controversy and must end
the possibility of its being reopened as far
as concerns the main point in dispute, viz:
title to the Chicago water front, though
there will necessarily be further litigation
over certain property now held by the rail-
way company and alleged to project into
the lake beyond lawful limits. D.
The court also refused to rehear the cases
in which the United States and Southern
Pacific railway comwany and the Clifton
Marble company are parties. In these
cases the court recently decided against
the railroads title under its land grant to
an immense quantity of valuable land in
Southern California.