The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-06
City Of ST. Louis Defeated in an At
in Its Streets So "a Year.
BUNC0MBE BILL In SENATE
TO THE POOLING BILL
INTRODUCED BY CHANDLER.
Providing for the Adjustment of All
of FOrest-Reserve Order.
pecial to the indianapolis Journal.


WASHINGTON, April 5.-The determina-
tion of the Supreme Court not to hear ar
guments in the case OF the government
against the Joint Traffic Association until
next fall is severe disappointment to the
railroads. 1t will keep them guessing for
a very much longer period than they had
anticipated. The solicitor general, IL will
be remembered made a motion last week
to advance the case on the docket, and
urged that ii be heard this month If pos
sible. In this request the counsel for the
association acquiesced. The hope was that
decision might be reached by the Supreme
Court before adjournment for the summer.
but the ruling to-day is proof that the
court is not disposed to take upon its
shoulders a case of such overshadowing
Importance and hurry through with it in
the short time that would be at its dis
posai before the summer recess. The day
set for hearing is Oct. lS after several other
cases were set for the same day. That
means that the case will not be reached
before November next. The action OF the
court is open to the construction that in
the opinion of the Supreme Court there is
no necessity for extraordinary haste on the
part of the tribunal to extricate the rail-
roads from a state OF uncertainty for
which they themselves are largely respon-
sible. The controversy between the govern
ment and the railroads is not OF the govern
ment's seeking. the prevailing cause of the
litigation being the roads themselves
IT is believed in some quarters that the
determination of the court 10 delay argu-
ment and action until next fall was covert
" inspired by the department of justice.
and that after the formal notion was
made TO advance the case on the docket
change of heart came over the legal advis-
ers of the administration. Ii is argued
that inasmuch as the administration is
being attacked all sides for alleged
friendliness to corporations and trusts, IL
might be bad policy to show special favor
i'm this instance. and that inasmuch as the
railroads and not the government would
be specifically benefited by an early hear
ing. it might be better. all things consid-
| cred, to "slow down." The officials of the
department of justice do not manifest any
disappointment or displeasure at the ruling
of the court to-day.
The crowds about the court to-day were
a light reminder Of the late campaign. They
were attracted by the presence in the room
of W. j. Bryan. late Democratic candidate
for the presidency, who had been an
nounced to appear as counsel for the State
of Nebraska in the argument of what are
known as the maximum freight rate cases
The limited capacity of the courtroom was
taxed long before the incoming of the
court at noon and the corridors outside
were soon filled by throng anxious 10
secure admission whenever places inside
should be vacated. Mr.. Bryan was IN the
| courtroom early, occupying seat beside
| Mr. Smythe. attorney general OF Nebraska.
with whom he was TO appear in the case.
| Mr. BRYAN moved the admission TO the bar
| early i'm the day of II. c. Bell, deputy COM
missioner Of pensions. The Nebraska case
| was not reached until 3 o CLOCK ana Jonn
| l.. Webster. of counsel for the state, was
| then recognized 10 open the argument. He
| consumed the remainder of the day and
| had not concluded when the court ad-
| iourned. When Mr.. Webster finishes as he
| probably will between Il and tomorrow.
| Mr. Bryan will be heard. The railroads are
| represented by James e. Carter. OF New
| York The decision Of the case Will de-
| termine the constitutionahty or the Ne
braska law of lSsS. hxing maximum rate
| for freight charges on the pat OF railroads
operating in the State. The railroad COM
| panies enjoined the state officials from car
| rying out the provisions of the law on the
| ground among others. that the rate fixed
was not SUFFICIENT for the maintenance OF
| the roads. The State appeals the case.
| which is considered OF greater than state
| importance, because of its bearing upon
similar contentious in other States.
Justice shires delivered the opinion OF
the court in the case OF the city OF ST. Louis
VS.. The Western Union Telegraph Com
pany. The case involved the right OF the
city TO tax telegraph poles i'm the streets
at the rate OF s. per annum each, and IL
/ was to-day decided for the second time
/ bv this court. The decision of the court
] below-the Circuit Court for the Eastern
| district OF Missouri-which was in favor or
| the telegraph company. was affirmed by to-
days decision the ground that the ques-
tions raised by the city are not presented
| by the record. The court did not, there
fore. go into the merits Of thS tax law at
/ all
The court refused 10 grant the motion TO
! dismiss I'm the case OF ~. $. Swenson vs.
| Russell Sage assignee OF the Hastings a.
| Dakota Railroad Company and entered an
| order continuing il and permitting the
| United States 10 intervene 10 the extent OF
/ taking proofs by deposition. In Is charged
| by the United States that the IS fraud
uent and was brought as the result OF COL
lusion between Sage and SweDsOn 10 make
sure of a decision i'm the interest OF the
| railroad company's land grant.
1 In the case OF /. r. Parsons Us. The State
| OF Missouri. appealed from the decision OF
the Missouri State Court OF Appeals the
! lower court was sustained. The case in
wolves the right 10 tax peddlers. which Par
sons who patent medicine vendor
| resisted. There was no written opinion.
the case being decided on the authority OF
what is known as The Ernest case
The court refused to grant the motion OF
Joseph Iasagi. late consul general at Bos-
ton. for a writ OF habeas corpus releasing
him from arrest on the charge OF embez-
| element.