The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-16
IRE THY OR ARE THEY NOT
SUITS OF FAR-REACHING IMPOR-
TANCE BEFORE THE sU-
PREMn COURT
QUESTION OF THE COLONIES
Does the scope Of the United States
ConstitutiOn Extend@te Our
New island Pos
sessions.

WASHINGTON, Oct. 15.-The supreme
court of the URfted States today granted
the motion of the government to advance
the Nicely cases and assigned them for
nearing Nov. IL. The eases came UP from
the federal court of New York on the
decision of Judge Wallace denying a
writ OF habeas corpus The government
is very anxious for a decision which Will
settle the constitutional questions in
volved
The court also assigned for the same
day 'the two cases which involve the
great question as to whether the Consti-
tuition extends over the new possessions
OF the United States. One is the case of
Goetz, New York tobacco importer, ap-
peal1ng from decision Of the United
States district court for the southern dis
trict OF New York, affirming the decision
of the board of general appraisers max
ing tobacco dutiable under the Porto
Rico tariff act. The other comes to the
supreme court under the title Fourteen
Diamond Rings VS.. The United States
1t comes upon appeal from the federal
court of Illinois. One Pelze, a soldier of
q South Dakota regiment, which served
in the Philippines is the claimant. When
he returned home from the Philippines he
brought with him the diamonds They
afterwards were seized by the federal
authorities in Chicago and confscated as
Struggled goods. Through Peke's agency
suit was brought to recover them ON the
ground that as the Philippines were a
part of the United States within the
meaning of the Constitution, and that no
impost duty could be levied; the dia-
Tnonds were not dutiable, and therefore
unlawfully seized. The lower court in
this instance sustained the action of the
federal authorities.
FIVE DECISIONS.
The court today handed down several
decisions. In the case of Amelie Saxleh-
ner VS.. the Siegel Cooper company
Louis Marquet, Alexander Nielsen and
Ruduluf Gels five actions), to enjoin
the use of the trade name Hunyadi,
the court reversed the decree of the
United States court of appeals, second
circuit, and remanded the case to the
lower court. The court laid down the
general rule in this case that where
trade mark had become common property
in country, as was the case here,
there could be no cause of action.
In the case of Daniel Gray Wiley,
plaintiff in error, vs.. Sinkler and other
election officers of South Carolina, re-
fusing to allow the plaintiff to vote for
member of congress, the court held
that Wiley's right to vote for members
of congress was undoubted, but that the
plaintiff having failed to register the
defect was fatal The Judgment of the
lower court was affirmed.
The case of Oscar R. LOCKER eft al.
VS.. the attorney general of Michigan, in
volving the mode of electing directors for
corporation cumulative voting), the
court affirmed the decision Of the SUI
premeA court of Michigan that such
voting did not impair the obligation of
contracts.
The case of Alice We'll VS. the United
States was dismissed on motion of the
plaintiff, thus ending the legal side OF
the famous litigation over the La Abram
mining claim, which was settled finally
by the decision of the court last winter.
This case was the last one on the dock
eft relatiVa TO that claim