The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-19
IN THE COURT
OF LAST RESORT
Three Very Important Opinions
Handed Down Yesterday.
FREIGHT CARS ON SUNDAY
LAW OF THE STATE OF GEORGIA
HELD TO BE VALID.

WASHINGTON, May. B-The supreme
court decided today in what is known
as the Jim Crow car case of Piessy
VS.. Ferguson, that the statute of LOUISE
ana, requiring railroad companies to sup
ply separate coaches for white and COL
ored persons, is constitutional, affirming
the decision of the court below.
Justice Brown delivered the opinion.
Justice Harlan dissented.
Justice Harlan today delivered the
opinion of the supreme court in the case
of bennington VS. the state of Georgia,
involving the conStitutionality of the
law prohibiting the running of freight
cars in Georgia on Sunday The opinion
held the law valid.
In this case Justice Harlan said the
legislature had a right to designate a
day of the week when all labor should
be suspended, and it could not be
designated. The state law was not, he
said, directed at interstate commerce,
but was mostly a rule of civil conduct,
and it must be respected until superseded
by some national law with which it was
in conflict. Hence the decision of the
state supreme court was affirmed. The
chief justice and Justice White dis
scented on the ground that the law con-
flicted with the interstate commerce law.
In the supreme court today Justice
White handed down an opinion on the
Singer sewing machine trade mark. The
Judgment of the court below from the
circuit of the northern district of IL
lfnois, against Singer was reversed.
This case involved conflict between
the Singer Manufacturing company and
the June Manufacturing company. The
action was begun by the Singer COM
pany to restrain the June company from
making sewing machines and Labelling
them with the name OF Singer under
the claim that the name which generally
attaches to the machines made by the
Singer company had become trademark,
and hence the use of the name of an
other company was in the nature OF an
infringement. Justice White, in delivering
the opinion of the court, held that the
right to use a name on articles manu-
featured expired with the patents on
those articles, but said others IN using
a name, as in this case, must show the
source of manufacture. The case was,
therefore, reversed and the district. court
was directed to enter decree In &C
cordance with this opinion.
Justice ShiraS delivered the opinion of
the supreme court in the case of Wong
Wing and three other Cinnamon vs. the
United States, reversing the Judgment of
of Michigan. The Cinnamon were SEN
! fenced to imprisonment at hard labor in
the Detroit, Mich, house of correction
on the charge of being unlawfully within
the United States.
The court said that the United States
| can forbid aliens from coming within
the borders and expel them, but when
congress sees fit further to promote
such policy by subjecting the persons
of such aliens to punishment at hard
| labor, or by confiscating their property.
such legislation to be valid must provide
| for a judicial trial to establish the guilt
| of the accused.
An opinion was delivered by Justice
Brown in the case of S. ]. Hilborn VS..
| the United States affirming the decis-
| ion of the court of claims. The case in
] volved the right of Hilborn as district
/ attorney for the District of California to
! appropriate to his own use the fees coll
! lected under the Chinese exclusion law.
/ Hilborn claimed that he was entitled. to
these fees in addition to his salary, but
| the court held that he must account to
/ 49, r..,,ro,-,, N ont for such COLLECTIONS