The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-25

Nebraska TO Chicago on goods bound
for New York Boston. Philadelphia or
Baltimore, and Parsons, claiming that
the value of corn and oats at Chica go
was the seaboard price, less the
freights, attempted to recover 10 cenrs
per 100 pounds on 81 ITO pounds. The
court in the judgment given by JUS
I tice Brewer sustains the circuit court
Of appeals, which decided in favor of
the railroad company.
I Justice Brewer said that there was
no averment that the rates were un-
! reasonable; that Parsons is not SEEK
ing to recover money inequitably taken
/ from him, but on account OF the wrong
| ful conduct of the company.
Before a shipper can recover under
| the interstate act he must show not
only the wrong done by the carrier, hut
/ that Il is operated to his injury, says
/ the court
II Re had shipped to New York and
been charged local rates, he might
have recovered any excess thereon
over through rates.
lie cid not ship 70 New York. AMI
might have been charged if he tad
shipped. Penalties are not recovered
on mere possibilities
In The case OF the interstate COM
merce commission VS.. the Detroit,
Grand Haven & Milwaukee Railway
"
court of appeals for the Sixth district
by the commission. the decree of the
court below was affirmed. Opinion of
Justice Shiras. The case is based on
action of Stone and Carten, retail mer-
chants of Ionia, Mich. alleging viola
tons of sections ,, and Of the inter
state commerce act. The Interstate
commerce commission sustained the pc
tition. but the courts did not The
81 aaf r he nv
furnished carting free TO the merchants
Of Grand Rapids and did not to the
Ionian merchants. The court held that
the fourth section of the act has in
view only the transporta ton of pas
sengers and property by rail. and that
when the property and passengers
reached and were discharged from the
cars at the company's station at Grand
Rapids for the same charges as those
received for similar services at Ionia,
the duties cast upon the company were
fulfilled"
Justice Shiras said that it was COM
petent for the commission to direct by
general order that the railroad COM
panies should thereafter regard cart
age when furnished free as one Of the
terminal charges and include it as such
in their schedules"
Justice harlan delivered the courts
opinion in the case Of Ana J. Domin-
gueZ de Guyer ct al. VS.. William Ban
ming. The case involved the owner
ship OF Mormon island, in the inner
bay of san Pedro, Cal, and was aD-
pealed from the supreme court of Cal
itornia. Dominguez claimed, under a
grant from Mexico for ten square
leagues, granted in 1910. Banning
claimed a patent from the United
States, dated 1881. Banning's title was
confirmed by the court below, and that
opinion was sustained by todays de-
cision. The case was regarded as i'm
Dortant because Of the governments
interest in ii.
The supreme court affirmed the de-
cision of the lower court in the case of
c. S. Wright. Pittsburg. Pa, charged
with violation of a portion of the in
terState commerce laws, prohibiting
discrimination. Wright granted re-
bates on beer for drayage. This ac- !
ton was held TO be in violation of the
law
In the Cincinnati. New Orleans &
Texas case. various railroads were con-
cerned. and the case was originally in
stitUted by the freight bureaus of Chi /
cago and the Cincinnati chamber of
commerce. The question involved WAS
whether congress intended to confer !
upon the interstate commerce commits
sion power 10 fix rates. The opinion
gist Of the opinion is as follows:
Under the interstate commerce act /
the commission has no mower to pre- !
scribe the tariff of rates which shall /
control in the future, and. therefore, !
cannot invoke a judgment in the man i
damus courts to force any such tariff /
~ It prescribed
Continuing. Justice Brewer asked: /
Has the commission no function to
perform in respect to matter of rates?''
Replying to his own question, he |
said: "Unquestionably it has; and |
most important duties in respect TO
this matter. 1t is charged with the |
general duty OF inquiring as to the !
of the business Of rail-
read companies, and has the right to
compel full and complete informa ton !
as to the manner in which said COM
panies are transacting their business.
And with this information it is the /
duty of the commission to see that
there is no violation of the long and !
snort haul clause; that there is no
discrimination between individual ship
pers, and that nothing is done by re-
bate or otherwise to give preference to
one against another; that no undue
preference is given to one place against
another; but in all things that equality
Of right, which is the great purpose of
the interstate commerce act, shall be
secured to shippers"
PRIVATE LAND CLAIMS.
Several important cases were decided
N the supreme court on appeal from
he court of private land claims. One
If these, in which the opinion was rem
1ered bv Chief Justice Fuller, in
yolved the title to the San Miguel del
3ado land grant, including 315,O00
acres in New Mexico. Two cases We're
included in the decision, one appeal by
he United States VS.. Julian Sandoval,
and the other an appeal by Levi P.
Norton VS.. the United States. The
decision in the latter case was favor
able to Morton, and in the former in
avor of Sandoval, and therefore
gainst the United States in both in
stances.
The supreme court affirmed the
decision of the court of private land
,laims in the case of the Chama
Spanish land grant, involving the
tile to 427, 1853 acres in Rio Aribo
ountv N NJ The decision of the
curt of private lands was favorable
o the contention of the government,
md is sustained.
The supreme court refused to re-
-erse the decision of the United States
ircuit court of appeals for the Eighth
ircuit in the case of Daniel H. Cam
ield vs.. the United States. Camfield
nd William Drury were charged
With enclosing in fence 10000
ores of public domain in Colorado.
hey We're ordered to remove the fence,
nut refused TO obey the order.
It appears they purchased odd sec
ions of land from the Union Pacific
2ailroa6 conn20v and enclosing their