Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-05-24
IN THE SUPREME COURT.
Decisions of Interest by the Highest
Tribunal.

Tn United States Supreme Court render
ell opinion yesterday in the case of D.
Wagner and others against the treasurer
of Canadian county, Oklahoma, involving
the territorial law empowering county au-
thorities to impose taxes on personal prop
erty on Indian reservations attached to the
counties for JUDICIAL purposes. The decree
of the territorial couBt was reversed and re-
handed with directions to reverse the de-
o1ee of the district court in so far as 1t re-
strains the county authorities from collect
ing taxes for county purposes for the year
1896 and to affirm the rest of the decree of
tie district court.
In the case of the United States against
George P. Lies. appealed by the government
from the decision of the United States cir
cult court of appeals for the second circuit,
the Supreme Court decided, in an opin-
ion handed down by Justice Peckham, that
the government could not insist upon de-
cision in a case which had been initiated by
an importer and then dismissed at the in
stance of the importer. The case involved
controversy over the amount of duty on
an invoice of tobacco, and was not impor-
Iant IN Itself.
Right to Exclusive Franchise.
In the case of the Detroit Citizens Street
Railway Company against the Detroit rail-
way and the city of Detroit, which has been
pending in the court for some time, the
court affirmed the decision of the state
court adverse to the former company. The
case was appealed from the decision of the
supreme court of the state of Michigan. and
involved the right of the Detroit city coun-
Gil to grant an exclusive franchise to lay
street car tracks in that city. In 1862 an
ordinance was passed giving TO the Detroit
City Railway Company. of which the De-
troit Citizens company is the successor,
the right TO lay railways in streets voted by
the council to the exclusion of all other
companies In 1879 this right was extended
for thirty years In 1894 the council passed
ordinance giving the Detroit railway the
right to lay tracks on the same streets al
ready occupied by the lines of the other
company. The old company then brought
suit to restrain the new organization. on
the ground that this ordinance impaired
the validity of its contract with the city.
The decision was handed down by Justice
McKenna, and was adverse to the claim of
exclusive right. sustaining the decision of
the Michigan court.
The court in two instances decided the
question of the right of the owners of a
mineral vein to follow the vein outside the
territory covered by the surface area of To-
cation, the opinion being by Justice Brew
er. The first of these cases was that of the
Del Monte Mining Company against the
Last Chance Mining Company, the property
Involved being located in ths Sunnyside dis
trict, in Mineral county Colorado.
The other mining case was that of W. A.
Clark against William Fitzgerald and 9TH
ers. covering Montana mines.
Validity of Bonds.
Justice Brewer handed down the opinion
in the case of the Providsnt Life and Trust
Company of Philadelphia against the coun-
ty of Mercer. in the state of Kentucky, ap-
pealed from the United States circuit court
of appeals for the sixth circuit.
The case involvsd the validity Of certain
bonds issued by the county in aid of the
Louisville Southern Railway Company. At
ter paying interest on the bonds for three
and a half years the county repudiated
them, on the ground that the road had not
complied with the terms of the law under
which the authority was granted to the
county to issue the bonds. The case turned
upon the question of the meaning of the
word through" While the road was built
into the county, it failed to cross it to the
extent of two miles. A clause in the law
provided that the obligations should not be
considered valid until -the road shall have
been completed through the county," In
rendering his opinion Justice Brewer held
that the word as here used did not neces-
sarfly msan that the road should traverse
the county from end to end.
He reached the conclusion that the road
had earned the bonds, and therefore af-
frmed the opinion of the circuit court of
appeals