The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-03-06
INDIANA TAX CASES
Will Be Heard by the Supreme
Court on the I'd of April.
Verdict Against the L., Z. & st. l.. Rail-
way in Favor of George Clarke,
Executor, Affirmed.
Special to the indianapolis Journal.


WASHINGTON, March 5.-In the Su-
preme Court this afternoon Messrs. Smith,
Ketcham, Pickens ct al, representing the
two sides OF the issue involved, submitted
their motion for an advancement of the
Indiana railroad tax cases. They called at
tention TO the conditions which exist and
demanded an early hearing. The Chief
Justice and Associate Justices Harlan and
Gray held another brief consultation on
the bench when the motion hed been sub
mitted, after which the CHIEF justice in
quired particularly whether both sides were
anxious TO have the cases argued at the
earliest possible date. Attorneys upon both
sides then arose and stated formally that
both sides were eager for the early dis
posal Of these cases; that the conditions
were such that interests upon both sides
would be advanced by an early disposition
OF the issue involved Chief Justice Fuller
then announced that the court. believing
the principles at issue were of great i'm
portance. had decided last fall not to hear
these until the bench was full, and that
nothing had been presented to remove the
impression that the arguments should not
be made when there was a vacant seat
upon the bench. Il therefore state" said
Chief Justice Fuller, that the Indiana tax
cases will be advanced for hearing on the
first day when there is a full bench We
expect a full bench on the first Monday in
April; but if for any reason unforeseen at
present a full bench should be obtained
earlier than that date, then the cases will
be called for argument at that earlier
time"
The Supreme Court to-day. through Just
ice Harlan, announced the decision in the
case of the Louisville, Evansville & St.
Louis Railway Company, plaintiff in error.
g 10 aNa III
from the United States Circuit Court of
Indiana, and argued here on Jan 4 last by
Messrs. Miller and Humphrey. The court
here aftlrms the decision of the United
States Circuit Court Of Indiana with costs.
This was an action BY George Clarke. ex-
ecutor of the estate of Augustin Clarke,
tween Evansville and st. Louis. The. car
jured and from which injuries he subse-
quently died. Before a jury i'm July 1890
q verdict was rendered for 5000. Among
the errors claimed by the plaintiff in error
was the admission Of irrelevant and i'm
proper testimony, competency of the testi-
mOny of the executor, who testified as a
witness as to the amount of deceased's in
come, points of responsibility of railroad
corporations in accidents not due to any
court here clearly holds the railroad com
pany responsible for injuries incurred by
passengers when the accident is in way
the fault OF the passenger.
The stuffy room of the Supreme Court
was crowded beyond it's capacity at noon
to-day with people who expected to witness
the installation OF a new justice Within
the railing sat several senatorial colleagues
OF senator White, who had not learned of
MS decision TO remain In the Senate for
time Most Of the spectators beyond the
railing were ladies, whose costumes were
becoming and lent touch of unwonted
color 10 the courtroom. There was much
disappointment manifested on their faces
when the justices filed into court but sew
en- in number, Senator White failing to APP
pear, and Justice Jackson who is In Flor
Ida for his health, being also absent