Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-05
M ANY 0 PIN 10 MS
Decisions Handed Down by the o. s.
Supreme Court
SEVERAL IMPORTANT CASES SETTLED
Constitutional as Well as Legal
Questions Involved.
SOME RAILROAD CASES

In addition to the Supreme Court de-
cisions that were announced in yesterdays
Star. great many opinions were handed
down, including several important matters.
The validity of the Louisiana act of 1888
providing for inspection of coal and coke
by gaugers was sustained in the case Of
the Pittsburg, Pennsylvania and Southern
Coal Company against the state Of Louis
lana. The court held that the law was but
a proper regulation for oversight Of the
coal and coke boats on the Mississippi. and
therefore sustained the circuit court.
The decision Of the circuit court for the
district of Massachusetts, in the case of the
National Cash Register Company against
the Boston Cash Indicator and Record
Company was reversed. the court holding
that the defendants machine Is en- in
fringement upon the National Cash Regis
ter.
The action Of the court of claims In
granting judgment for $95.004 to the Ber-
dan Firearms Manufacturing Company
against the United States government.
from which cross-appeals had been taken
by both parties, was sustained.
A constitutional Question.
An interesting constitutional question
was decided In the case of e. 8. Emert
against the state of Missouri. the decision
being adverse to the plaintiff. The former
Is an agent or peddler Of Singer sewing
machines. 1t was sought to make him pay
a peddler's license, which he resisted, in
order to test the law, contending that az
the machines came from New Jersey the
license was restriction on the constitu-
tional right Of interstate commerce. The
court held that while the goods came from
another state they were being handled as
L., H.
They were no longer the subject Of inter-
state traffic, but had been merged with the
mass of property within the state. so that
the occupation of selling them was proper
ly subject Of state police regulation, and
in no way contrary to the federal Con-
stitution.
The Arkansas law of 1887 limiting pas-
senger fares to three cents a mile and fix
ing penalty Of $500 for each overcharge
was sustained, the court unfolding the
action Of the supreme court of Arkansas.
In the case Of the United States against
George II. Piatt and Monroe Salisbury Of
California to recover excessive payments
made to them for carrying the mails. the
action Of the court below In dismissing the
case was reversed.
The conviction Of Harry F. Bachelor,
formerly president of the Stock Growers'
National Bank Of Miles City, Mont, for
embezzlement by the circuit court for the
district Of Montana, was reversed on the
ground that the Indictment was defective
The case Of the st. Louis. Cape Girar-
deau and Fort Smith Railway Company
against the state of Missouri. ex rel Ed
win g. Merriam. was dismissed for want
of Jurisdiction.
The case Of Bannon and Mulkey against
the state Of Oregon, the plaintiffs having
been convicted, with twenty-five others, Of
conspiring to bring Chinese laborers into
the state contrary to law. was decided.
The chief allegation Of plaintiffs in error
was that the Indictment failed to aver that
the act was feloniously done. but the court
held that this was not good. and sustained
the lower court In its conviction.
To Tax n Railroad.
In the case Of the Maricopa and Phoenix
Railroad Company. the territory Of Arizona
appealed from the supreme court Of Ari-
zona. The court decided that q territory
had q right to tax the property of a rail-
road company traversing the Indian reser-
walton when right Of way has been granted
by act of Congress.
The case of Francis A. Coffin and PERCH
val b. Coffin, plaintiffs In error, as the
United States appealed from the United
States district court for the district of In
diana, was reversed and new trial or
dered The plaintiffs were indicted on the
charge Of conspiracy with Theodore p.
Haughey, president Of the Indianapolis Ma
tional Bank, to wreck that institution In
1888. and, upon trial. were found guilty az
charged, and appealed.
The appeal Of the New Orleans City and
Lake Railroad Company from the order Of
mandamus granted by the supreme court
of Louisiana on the application of the city
paved certain parts OF the streets occupied.
in accordance with the terms Of the char
ter. was dismissed.
The validity of the Louisiana act Of 1877,
stipulating that the police jury Of a parish
or municipal corporation should not make
greater appropriations in any year than the
actual revenue for the year, and that all
the revenues Of the year should be devoted
n q nY NJ hat Al
that any surplus might be applied to in
debtedness Of former years. was sustained,
and the decision Of the circuit court for the
eastern district Of Louisiana affirmed.
To Dismiss the Suit.
Justice Shiras delivered the opinion Of
the court in the case of r. H Lindsay, as
SCISSOR Of the parish Of Caddo. La. against
the First National Bank of Shreveport, ap-
pealed from the United States court for the
western district Of Louisiana. This action
was brought against Lindsay and other
parish officials for the cancellation in modi-
hcation OF alleged excessive assessment on
bank stock. The officials filed an exception
in the court below, setting forth that the
remedy was not by an action at law, but
by injunction and bill in equity and that
the court was without jurisdiction. Justice
Shiras' opinion sustained this view, revers-
ing the judgment Of the court below and
remanding the case with directions to sus-
tain the exceptions and dismiss the suit
Inc uecision VI lne court oelOW was al
frmed In the case of Byron H. Evers ct al,
appellants, against Thomas Watson ct al.
appealed from the circuit court for the
northern district of Mississippi. The case
involves 100000 acres of delta land and
10000 acres of pine lands in Mississippi
Evers. an Englishman, owed Watson sI45,-
600 on the lands. and they were sold at a
commissioners sale. Evers alleged that
fraud was practiced but the court refused
to sustain the charge.
A decision was handed down In the case
OF the Pullman Palace Car Company
against the Metropolitan Steel Railway
Company. The judgment Of the lower court
was reversed with costs, and the cause re-
manded, with directions to enter q judg,
ment In favor OF the Pullman Company for
the sum of $4,000, with interest thereon