The Saint Paul globe., 1896-12-01
SUPREME COURT CASES.
Several Decisions of General Inter-
est Handed Down.

WASHINGTON, Nov. 3O-The SUI
preme court, in an opinion by Justice
Gray, refused today to grant the relief
asked by the state Of Nebraska in the
case of that state against the Missouri
Pacific railroad company. The rail-
road company declined to allow the
erection of an elevator on land belong
ing to that corporation notwithstand-
ing an order from the state board of
transportation. 1t appeared that III
this case, the Farmers Alliance OF
ElmWood, Neb., had sought and were
refused the privilege of erecting
grain elevator at the town of Elm
wood and that upon this refusal, the
board of transportation issued an or
der requiring the company to grant
the privilege. The Nebraska supreme
court when appealed to, rendered a Ge-
cision adverse to the company which
took out a writ of error to the United
States supreme court. Justice Gray,
in the course of his opinion today, said
that the case involved no question of
rates. but that carefully analyzed, it
appeared as a case in which a yolun-
tdry association of persons sought 10
secure for themselves certain privileges
from the railroad company and TO
compel the donation of land for ele-
vator purposes. He dWelt upon the
fact that the alliance was not cor
poration but was voluntary associa-
tion Of individuals. Under these cir
cUmstances. he said, the court was
unanimously Of the opinion that the
proceeding was an attempt to take
private property for private use with
cut due process of law and in viola
ton Of the constitution.
The solicitor general moved to ad-
vance on the docket the Las Vegas
was likely to abate by the retirement
from office of Commissioner Lamoreaux
of the general land Office. The motion
was taken under advisement.
The court dismissed the case of the
Chicago & Northwestern Railway Com
pany vs.. the City of Chicago. on the
ground of want of jurisdiction. The
case is one in which the railway com
pany seeks to prevent the condemna-
ton of ground for a street crossing
over railroad tracks by the city.
Justice White delivered the opinion
of the court in the case of Pleasant
Draper VS.. the United States. This
case involved the question of the juris-
diction of the state courts of Montana
over crime committed by persons NOT
Indians in Indian reservations. Draper,
who iS negro, was convicted in the
United States circuit court for the
Montana district of the murder of an
other negro in the Grow Indian reser-
walton. He brought the case to the
supreme court on a writ of error, al
leging want of Jurisdiction on the part
of the federal court. The supreme
court sustained this view of the case
and remanded the case for transfer to
the state courts for prosecution. The
prosecution in the federal courts relied
upon the clause in the Montana enab-
ling act providing that Indian lands
shall remain under the absolute juris-
diction and control Of the congress of
the United States
The district court of the Southern
district of Iowa was reversed in the
case Of A. A. Edgington because the
court had refused to accept evidence
Of the good character of the defendant.
who was accused of perjury in a PEN
sion case. Whatever" said Justicu
Shiras, in delivering the opinion, may
have been said in some of the earlier
cases, the decided weight of authority
now is that good character when con-
sidered in connection with the other
evidence in a case may generate
reasonable doubt"