Omaha daily bee., 1896-12-01
RAILROAD WINS THE CASE
Elmwood Elevator Decision is Reversed by
Supreme Court,
QUESTION OF RATES is NOT INVOLVED
Judge Gray In Deciding Against the
state of Nebraska Gives a. New
Phase to the Legal
Controversy.

WASHINGTON, Nov SO-The supreme
court in an opinion by Justice Gray refused
to grant the relief asked by the state OF
Nebraska in the case of that state against
the Missouri Pacific Railway company. The
railroad company declined to allow
the erection of an elevator on
land belonging to that corporation,
Notwithstanding an order from the
State Board of Transportation. 1t appeared
that in this case the Farmers alliance of
Elmwood had sought and was refused the
privilege of erecting a grain elevator at the
town of Elmwood, and that upon this re-
fusal the board of transportation issued an
order requiring the company to grant the
privilege. The Nebraska supreme court,
when appealed to, rendered a decision adverse
to the company. which took out writ of
error to the United States supreme court.
Justice Gray, in the course of his opinion
today. said the case involved no question
of rates, but that carefully analysed 1t ap-
peared as a case in which a voluntary asso-
citation OF persons sought to secure for them
selves certain privileges from the railroad
company and to compel the donation OF land
for elevator purposes He dwelt upon the
lact that the alliance was not a corporation,
Dut was voluntary association of
individuals. Under these circumstances he
Ion that tn proceeding was an attempt to
take private property for private use, without
due process of law and in violation of the
Fourteenth amendment to the constitution
The district court for the Southern district
OF Iowa was reversed by the United States
supreme court today in the case of A. A.
Edginton, because the court had refused to
accept evidence of the good character of the
defendant, who was accused of perjury In
a pension case. whatever" said Justice
In bo
been said in some of the earlier cases the
decided weight of authority now is that
good character, when considered in connec-
tion with the other evidence in a case, may
generate a reasonable doubt"
The solicitor general moved to advance on
the docket the Las Vegas land grant case on
the plea that 1t was likely to abate by the
retirement from office Of Commissioner La
moreuX of the general land Office. The mo-
tion was taken under advsement. The case
involves 900 acres of land
The case of Emmett j. Gonlaze against Il.
w. French ct al, appealed from the supreme
court of the territory Of Arizona involved
the title to the townste of the town of Flag
STAFF. Mrs. Gonlaze claims the land under
pre-emption entry, but her claim was not
sustained by the Arizona court and the
United States supreme court today affirmed
the decision.
Justice White delivered the opinion of the
court in the case of Pleasant Draper against
the United States. This case involved the
question of the jurisdiction of the state
courts of Montana over crime committed
by persons not Indians in Indian reservations
in the state OF Montana. Draper. who Is a
negro, was convicted in the United States
circuit court for the Montana district for
the murder of another negro in the Crow
Indian reservation. He brought the case to
the supreme court on writ of error, al
leging want of jurisdiction on the part of
the federal court. The supreme court sus-
tanned this view of the case, reversed the de-
cision of the circuit court and remanded the
case for transfer to the state courts for prose-
Cuton. The prosecution in the federal courts
relied upon the clause in the Montana en-
abling act providing that Indian lands shall
remain under the absolute jurisdiction and
control of the congress of the United States"
but Justice White said it was clear it was
not intended the provision should operate
to deprive the state of power to punish
crimes committed in an Indian reservation
by others than Indians"