The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-05
BEFORE THE SUPREME COURT.
indianapolis Attorneys i'm Washing.
- ton on the Railroad Tax Cases.

Special to the indianapolis Journal
WASHINGTON, March 4.-Hons. John
W. Kern, A. G.. Smith, w. II. Ketcham
and Samuel o. Pickens, of indianapolis, ar
rived this afternoon and registered at the
Ebbitt. They come to present a motion to
the Supreme Court for the advancement OF
the celebrated Indiana railroad tax cases
on the docket, so that they may be soon
heard and decided. If possible they will
make the motion for advancement to-mor-
row. 1t is true as wired the Journal last
night that Associate Justice jackson is out
of the city, probably indisPosed and in
Florida, and that there will not be a full
bench of the court here before the first
Monday in April, and the court has long
ago said 1t would hear the Indiana tax cases
only before full bench. but Messrs. Kern,
hetcham CT al. contend that "a full bench
is not absolutely necessary unless there be
a division on the opinion and that with
Justice White. who takes his seat to-mor-
row, the argument may as well proceed in
JackSons absence. Chief Justice Fuller has
said number Of times, however, that these
cases are of such widespread Importance
that there must be full bench present
when they are argued. The grounds upon
which advancement will be asked 50 that
hearing may soon be had, are that there
are three years of railroad taxes due the
various counties in the State and to many
OF them these taxes are extremely import
ant and in many instances the deferring OF
payment is making embarrassment; that
the third years taxes will become delin-
quent in April and the railroad companies
will want to escape the penalties The In
dianapolis attorneys who arrived to-day be-
lieVe they will succeed in their efforts and
have ali early day set for the arguments.
Although the spring term of the Supreme
Court begins tomorrow, none OF the cases
which have been awaiting a hearing by a
full bench can be taken up at once. There
are twenty-five of these cases on the wait
ing list, among the most important being
those involving the title 10 mineral lands
road the finances Of the defunct Mormon
Church and the Interpretation Of clauses OF
the Mckinley tariff act. The delay Is ne
cessitated by the absence Of Justice jack
son. who is in Florida, where he will re-
main until April. for the benefit of his
health Several cases needing a full bench
for their consideration are on the calendar
for hearing tomorrow, but they Will, neces-
sarily be passed. Most important among
these are the tide-Water cases from the
United States Circuit Court for the State OF
Washington on which depend the title 20
much of the land on which the cities OF
Seattle and Tacoma stand, two cases in
VOlVing the cOnstitutiOnality OF the Massa-
brated oyster case OF Robert l.. Wharton
against the sheriff or AccOmack county,
Virginia Three murder appeals are also
on the calendar for Monday. but they viii
probably be submitted on briefs. a large
number Of important cases will be decided
by the court tomorrow. which have been
under consideration during the recess.
The absence Of Justice Jackson leaves
Senator White free. IL he feels so disposed.
to remain in the Senate for another month
looking after the interests OF Louisiana In
the sugar fight. Since the court cannot
take up cases requiring "A full bench until
April the presence OF Senator White viii
not be essential 10 the work.