The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-02-02
HARMON HURRIES 1T
THREE FRIENDS CASE BROUGHT UP
IN THE SUPREME COURT.

Iticai or Flratfcal ana Judge LOCKE IS e
Have Another Chance to Say Which
Gases of Corporation Taxes Under Ohi'
the States, the Minority Strongly Dis
senting-Land Grant Cases.
Washington. Feb. 1.-The supreme
court today granted the writ OF certiorari
asked byAttorneyGeneral Harmon in the
case of the steamer Three Friends. and
set the hearing for the third Monday il
February, the 18th.
The decision in this matter was made
after a brief argument by Attorney
General Harmon in a formal action made
by him today in accordance with his
notice given on Friday last. The attor-
ney general in his brief statement Ia d
especial stress upon the necessity fer
prompt action on the part CT the court,
which he requested Notwithstanding the
announcement Of a months recess by the
court beginning today. He urged his re-
quest entirely upon the ground that sucn
action was a diplomatic necessity.
He explained briefly that the action
vas against the steamship on the ailega-
ton OF filibustering in the interest Of the
Cuban insurgents and that the decision Of
the district court for Florida had been
In favor Of the steamer He also en-
planned that an appeal had been taken to
Inc circuit court of Appeals for the Fifth
circuit but that it was desirable to have
an opinion in the matter by the supreme
court. He said these requests were made
for reasons Of public policy on behalf Of
the executive department, involving a
question Of international law, the deter
mination OF which might mean peace or
war. He said if the case had only in
Tolved point Of law or private interests
he would not have asked for an earlier
hearing
The statute invoked in this case pro-
vides that any vessel committing any act
of piracy, depreciation or seizure as de-
fined by the laws OF nations shall be La
BILE TO be captured and brought into any
port Of the United States, if found upon
the high seas, or TO be seized, if found in
any port or place within the United
States, whether the same shall have act
ually sailed upon any piraticai expedi-
ton or not and whether any act of pira-
cy shall have been committed or attempt
ed upon or from such vessel or not; and
any such vessel may be adjudged and
condemned if captured by a vessel au-
thoriZed as hereinafter mentioned, to the
use Of the United States and to that of
the captors and, If seized by a collector.
surveyor or marshal, then to the use OF
the United States"
This action is taken by the attorney
general in view Of the recent decision OF
Judge Locke Of Jacksonville, which held
In effect that the Cuban insurgents We're
not people, state, district or colony
wit ii no IF Of, 10
revised statutes. under which the libel
was brought; in other words, that the
expedition in which she was engaged
was not political one.
1T is the understanding of the depart
ment that the Three Friends some weeks
ago. while On a filibustering expedition,
carrying arms and with mounted can
non on her deck. was pursued by Span
ish vessel and in making her escape fired
one or more shots at her pursuers
Whether shots were actually fired or not
the contention is that she was so armed
as TO clearly bring her within the terms
OF section 1927. The attorney generals
opinion is that there is but one alterna-
tive. The Three Friends on the occasion
named was either engaged in a political
expedition against friendly power or on
a piratical one Her arms and mounted
cannon furnish evidence that her mission
was not peaceful one, but on the con-
frary- In any event, the attorney gen.
eral has decided to give Judge Locke an
pther opportunity of deciding just what
Inc character Of the Three Friends ex-
petition was. No action Is now conte1n-
plated against the officers or crew of the
vessel.
OHIO TAX CASES.
Washington, Feb. In the United
States supreme court today the Ohio tax
rases were decided in favor of the state.
The opinion was delivered by Chief Just
ice Fuller on behalf of the majority of
the court. Justices Field, Harlan, White
and Brown dissen:ed
There were ten of these cases brought
by the officers Of the Adams, American
and United States Express companies.
There were suits in equity TO enjoin the
collection of taxes under the acts of the
general assembly of the state of Ohio,
passed April q, 1893. and May 10. 1894.
for the taxation of express. telegraph and
telephone companies, on the ground that
The acts were in contravention of the con-
stitution Of the state OF Ohio and of the
United States. The cases cover the as
sessmen-s made against the Adams EX-
press company for the years 1898. 1894
and 1895 and the assessments against the |
United States Express company and the
American Express company for the years |
1894 and 1895. The assessments against |
these two companies for 1898 are also in !
rolved.
The cases were appealed by the express |
companies from the decision Of the cir |
cuit court for the southern district of |
OHIO, which was favorable to the state. |
Under the state law. which was assaied |
b. the express companies, these COM |
psnleS are taxed in three forms: First. on |
their real estate; second. upon their gross
receipts on business done within the state |
ma, third, they are additionally assessed |
oy state board. It was the last assess
menj 10 which the companies took ex- /
,eplon. For the three years involved |
the state board has increased the valua- I
ton of property in assessments under the
~ from $2S9.S62 10 S4.429. 702. This in
creased valuation was arrived al by TAX |
ng the market value Of the entire can
gtal stock Of the express companies as a
basis Tor arriving al the true value Of
the companies properties in Ohio.
Ire chief justice did not make his
opinion public. merely announcing that
ne decision of the court below had been
affirmed.
JUSTICE WHITE DISSENTS.
Justice White delivered the opinion Of
the dissenting justices. saving:
The recognition Of the right Of taxa
hon exerted by the state Of Ohio in these
cases must, if followed in other states
not only reproduce the iilegality and in
justice mere shown, but greatly increase