Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-08
DURRANT'S APPEAL DENIED
Murderer's Case Before the Supreme
Court
Writ of HEbeas Corpus Refused-De-
La Abra Mine.

The United States Supreme Court today
affirmed the decision of the circuit court
for the California circuit. refusing writ
of habess corpus to William Henry Theo-
dore Durrant. under sentence of death for
the murder of Miss Blanche Lamont in
San Francisco. in April. 1895.
The case has attracted attention through
out the whole of the United States, and to-
days decision permits the law to take its
course with the condemned man. Chief
Justice Fuller announced the courts con-
clusion. but made no remarks in doing SO,
save to cite a few authorities on which the
court based it's decision
Southern Railway Rates.
The United States Supreme Court today
affirmed the decision of The lower court in
the of the interstate commerce COM
mission against the Alabama Midland and
the Georgia Central Railroad Company and
others.
The case arose out of charges by citizens
of Troy. Ala, that the companies We're dis
regarding the long and short haul clause OF
the interstate commerce laws. The point at
issue was whether when there was compe-
tition between railroad and water trans
portation the roads must first file lower
rates with the interstate commerce COM
mission, and 1t was decided IN the negative
by the court.
The opinion of the court was handed
down by Justice Shiras. The action was
begun before the interstate commerce COM
mission in 1892 upon a petition from the
board of trade of Troy, Ala, alleging
discrimination by the roads against that
town in the interest of Montgomery and
other places. The roads defended their
rates necessary to meet water trans
portation, but the commission decided
against them, and also held that prefer
ence in rates should not be granted except
upon authority first secured from the COM
mission.
The court today overruled the commits
sion on both points, holding on the first
tEat competition IS one of the most OBJ
vious and effective circumstances that
rake the conditions under which long
and short haul is performed substantially
Gfssimilar." Justice Shiras stated, now
ever, that the decision was not intended
to relieve common carriers from the re-
straints of the third and fourth sections
of the law. but that it's purport was that
these sections are mot so stringent and
imperative as to exclude in all cases the
matter of competition in determining the
questions of undue and unreasona BILE pref
erence'
Upon the other point. as to whether rail-
road companies can be relieved from the
operators of the long and short haul
clause OF the interstate commerce act with
cut first invoking the consent of the COM
mission, Justice Shiras said: I'VE are I'M
able to suppose that Congress intended to
forbid common carriers. in cases where
stantiaily dissimilar, from making differ
ent rates until and unless the commission
shall authorize them to do So
This opinion was in line with the de-
cision of the circuit court of appeals for
the Sixth circuit, which was therefore af-
hrnneti.
Justice Harlan dissented from the
opinion
maryland Inheritance Tax.
In the United States Supreme Court to-
day the case of Baldwin VS.. the commits
sioners of Washington county, Nd was
dismissed for want of jurisdiction. The.
case Involved the Maryland inheritance
tax Law.
In A!ra Mining Case.
The solicitor general entered a motion
in the United States Supreme Court today
to advance the case of the La Abra Silver
Mining Company VS.. the United States. The
case grows out OF an award made by the
Mexican claims commission in 1868 Mexico
claimed that the award was procured BIZ
fraud. and at several times the matter was
A source of friction between the United
States ard Mexico.