The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-19
Judgment Of the Indiana Court I'm the
Telegraph Tax Case
Affirmed with Costs.
GEORGIA SUNDAY LAW VALID
A STATE May PROHIBIT THE Run
MING OF FREIGHT TRAINS.
Kansas Mortgage Redemption Law of
1893 Ksocked Out-Loufsinna Jim
Crow- Car Act Constitutional.


special to the Indianapolis Journal
WASHINGTON. May lS.-The case Of the
Western Union Telegraph Company, plaint-
In In error. vs.. Thomas Taggart. auditor of
Marion county. was decided by the Supreme
Court to-day. the judgment of the Supreme
Court OF Indiana being affirmed, with costs.
The opinion was read by Justice Gray. The
principle OF the right OF the State to tax
corporations was laid down in the famous
railroad tax cases. The case decided to-day
involved the same principle. The express
companies VIII have their turn at the next
term OF the Supreme Court. and it is safe
TO predict that they VIII share the fate OF
the railroads ans the telegraph company.
There was considerable qualification ABOUT
the Office OF the Auditor and Attorney-gen-
eral In indianapolis when the dispatch
es announced that the State had
won its case against the Western Union
Telegraph Company in the United States
Supreme Court. The Western Union had
paid in on its Old assessment s~1.454.55. but
tkis decision means that it viii be assessed
1857 per mile upon sea- miles OF line at an
average levy Of S1.4. This Will increase
the revenues OF the State about $S2 1000 a
year The case was handled for the State
by Attcrney-general Ketcham, A. G.. Smith
and Attorney-general Harmon, of the
United States. -
The contention between the States of In
diana and Kentucky over the Greene River
island was decided by the Supreme Court
to-day in favor Of Indiana. the court over
ruling the exceptions taken by the State Of
Kentucky to the report of the commission
ers- The two States have an award of 81
1850 TO pay as compensation to the com
,missIoners. Messrs. Menzies. Stickncy and
Aives. for their services:
Justice Harlan delivered the opinion of
the Supreme Court in the case OF Henning-
ton VS.. the State OF Georgia, Involving the
constitutionality OF the State law prohibit
ing the running of freight cars in Georgia
on Sunday. The opinion held the law to be
valid. In the case Justice Harlan said the
Legislature had a right to designate a day
Of the week when ali labor should be sus-
pended. and that II could not be claimed
that the wrong day had been designated.
The State law was not. he said, directed at
interstate-commerce, but was merely a
rule of civil conduct and 1t must be respect
ed until superseded by some national law
decision OF the State Supreme Court was
affirmed. The Chief Justice and Justice
connicts with the inisrstkte-commerce law.
Justice White handed down the opinion of
the court in the case of the Singer sewing
machine trade mark. The Judgment Of the
court be-ov. the Circuit Court for the North
ern district of Illinois. which was against
Singer, was reversed. The Supreme Court
held. however. that others using the name
singer as q trademark should show the
source OF manufacture. This case involved
q conflict between the Singer Manufactur-
Ing Company and the June Manufacturing
Urn Nh No. hADrr~ -. 49,
Singer company to restrain the June conn
pany from making sewing machines and
labelling them with the name Of SINGER"
erfcally attached TO the machines manu-
f~actur4d by the Singer company had become
trademark and hence that the use of the
ture Of an infringement. Justice White. in
delivering the opinion OF the court. held
manufactured 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 d.
rected to enter a decree In accordance with
this opinion
The Supreme Court in the case of Martha
Barnitz VS.. John L. Beverly. In error to the
Supreme Court Of Kansas, reverses the de-
cision OF the lower court. The opinion was
delivered by Justice Shiras. This case was
brought on a note for $500 and interest, but
its decision involves the constitutionality
OF the mortgage redemption law of Kansas
Of 1898 and Is fsr-reaching In effect. The
case was twice heard In the State Supreme
Court. The opinion in the last hearing was
in Beverly's favor. holding the act in ques-
ton 10 be applicable and valid in case of
contracts made before and after its pas
sage" The Supreme Court reversed this
decision. holding that no law was valid
which prescribed the mode of enforcing a
contract in existence when the law was
enacted. "
The court decided to-day what is known
as the "Jim Crow car case OF Piessy VS..
Ferguson, that the statute of the State of
Louisiana requiring railroad companies to
supply separate coaches for white and col
ored persons Is constitutional affirming the
decision of the court below. Justice Brown
scented.
Justice Shiras delivered the opinion of
the court in the case OF Wong Wong and
three other Cinnamon VS.. the United States.
reversing the judgment Of the Circuit Court
for the Eastern district Of Michigan. The
Cinnamon were sentenced to Imprisonment
at hard labor in the Detroit House of Cor
rcction on the charge Of being anlawfully
within the United States. The court said
that the United States can forbid aliens
from coming within their borders and ex-
pei them. but when Congress sees ft further
to promote such a policy. subiecting the
persons OF such aliens 10 Infamous punish
property. such legislation. TO be valid. must
provide for a judicial trial 10 establish the
guilt Of the aedlssd
In the case OF the United States VS.. Harr,
l. Laws. Justice Peckham decided that
chemists did not fall within the class of per-
sons to whom the law prohibiting contracts
for labor TO be performed in this country
applies II was based on the empioymenr
OF q German named Zeliger to come to this