The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-15
CASES DECIDED
John Y. McKane's Appeal Denied
by the Supreme Court Justices.
Mobile & Ohio Railway Exempted from
Taxation in Tennessee-DecisiOn
in an Ohio Tax Case.

WASHINGTON, May 1.-THE appeal of
John Y. McKane to the United States SUI
preme Court was decided against McKane
to-day, Justice Harlan delivering the opin-
ion. McKane, in his appeal, contended that
he should have been allowed to go out on
bail pending the appeal, as the Constitu-
ton meant to confer that right in all but
capital cases. The Justice held that the
matter of bail in such a case was entirely
within the Jurisdiction of the State court.
Also that the warden of Sing Sing prison
had no right to return McKane to the sher-
if of New York pending the appeal, as the
appeal had no effect upon his Imprisonment
in Sing Sing prison. McKane was overruled
at every point, without a dissenting opinion
from any of the Justices.
The case of the Mobile & Ohio railroad
and the Farmers Loan and Trust Company
against the State of Tennessee and several
counties thereof was decided by the Su-
preme Court to-day. Justice Jackson de-
livered the opinion. The question involved
the right of the Legislature to amend the
charter of the company, which exempted
the capital stock forever from taxation,
exempted the road and fixtures for twenty
five years and provided that there should
be no taxation which would reduce the div
idends below s per cent. On the other hand,
the State Constitution provides that all
property shall be taxed according TO its
value and taxation be equal throughout
the State. In February. 1891, suits were
brought against the company for the coli
lection of taxes from 1885 to 1889, inclusive.
The opinion held that the case hinged on
the eight-per-cent. clause Of the charter
referred to. The manifest intention was to
interest persons in the railroad by giving
it unusual advantages. Justice Jackson held
thai the State had the power TO levy dis
eliminating and ~exempting taxation when
1t granted charters. Corporate charters
were merely contracts between the State
and the corporation. Thef efore, the Su-
preme Court of Tennessee was overruled.
the decision being in favor Of the railroad
corporation. Chief Justice Fuller dissented
from this opinion. opposing the doctrine of
a right to discriminate in favor Of individ-
ual corporations in the matter of taxation
in granting charters. With the Chief JUS
tice in his dissenting opinion, which stood
by the Supreme Court Of Tennessee, were
Justices Gray, Brewer and Shiras, so that
the lower court was reversed by a bare
majority. Taxes a~ggregating about $350,OcO
were involved in the decision.
The case of Ashley VS.. Ryan, Secretary of
State of Ohio, was decided In an opinion
delivered by Justice White. 1t involved
a question of taxation Of great import
corporations is taxed one-tenth of / per
cent. Several branches of the Wabash rail-
road in several States which has been in
VOWED in litigation have been consolidated.
The officers filed articles of the consolidated
Incorporation in the office of the Secretary
of State, rendering 800. which would have
been the tax, on the Ohio branch of the
corporation, but the Secretary compelled
the payment OF 800 a tax on all the
This, the company commended, was a State
tax on corporations outside of the State.
The court held that the right of a company
within the will OF the State; that the rail-
road, in preferring the articles of incor-
Itself within the Jurisdiction of the law and
sustained the State courts decision.
The law of North Dakota declaring that
warehouses and imposing rates Of charges
and penalties for overcharges was passed
upon by the court, The plaintiff had offered
the State and, being refused. obtained a
mandamus compelling Brass. the elevator
his grain an" at state rates. Justice shir rsss dee
livered the opinion. sustaining the North
Dakota courts. Justice. Brewer dissented,
only on light grain years did Brass re-
ceive grain from others. and that this did
not maze ,be MN Yaa1 = n "o nnes,ian p1 Prass 1 nsaSad
all the capacity of his elevator for his
private purposes, so that the State was
attending 10 lOTte mTl 10 10 a pubic
business. Justice Brewer dissented also be-
cause the law compelled elevator keepers
TO insure the grain taken in charge by
them. Justices Field, Miller and jackson
concurred in the dissenting opinion.
In the case of the Eagle Insurance Conn
pany against the State of Ohio the Su-
prenle Court to-day upheld the decision of
the Supreme Court of Ohio that the COM
pany must conform 10 the law requiring
corporations doing business I'm the State
TO file annual statements of their financial
condition. IL was held that the law was a
police regulation in effect.
Governor Tillman's appeal from the rul-
ing of Commissioner OF Patents Seymour
In refusing 10 register the word palmetto"
as a trade mark for State ~dispensary liq-
uors was dismissed. Justice Gray, in deiiv-
ering the opinion, held that the Supreme
Court had no jurisdiction over the case.
Since the dispensary law has been declared
unconstitutional 10y the State courts this
branch Of IL Is not of much Importance.
Justice Jackson delivered the opinion OF
the court in the case cS the Chicago De-
posit Vault Company against John Nc
Nulta, receiver OF the Wabash Railway
Company. and others. from the Circuit
Court Of the Northern district of Illinois.
affirming the decision ee that court. This