The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-04-10
Sutfrur Court Rules Tia, :. Soc
fetlrv Is Agent Of the
Order.
CIGARETTE ORDINANCE VALID
Chicago City Councils Law on the
Subject Sustained Indiana
Gas Case and Removal of
Federal Employees.

Wd.ti.-ton. April s.-The Judgment {
the Court az Appeals for the Fifth pTs-
trirt. in the case oc the knights uf l'yttjas
Is. Jns"pi4n. Il. With"rs. WAS affirmed to-
day boy the Supreme our'-opin'on ty JUS
lice brown. The action wos originally le-
rtu IN Che circuit Cour; 81 Hale county,
Alabama. by Mrs. Wither- To recover cf TIE
kuients If pvthiIs the amount al "A policy
uC insurance upon the life Of her husband.
The payment of the policy was resisted on
the ground that the secretary tf the sec
tiou in which Nithcrs resided had failed
Tea make MS return of premiums paid within
in lie time required by the regulations OF
IT, f:aari Of Control. located IN chicago.
ffese regulations required that 'he full
amount of dues al each section should lie
Ii-I bv fh. end az the month in which
ti.r w,r, due. failure 10 comply with
which caused the forfeiture of The policy.
Nith,rs promptly paid his dues up %
O.,oher II. 1875, hut the secretary OF the
order for his section had faiie! To nahs
rs remittance until tn" 4th of November
following. TIE Board of Control there
upon suspended the entire section. after
wards restoring all the members who We're
still living at the date of tn" receipt of
thu remittance. Witrefs had died on the
LIST uf November and ;hc order refused 10
pay his policy. The I'ythil MS took the posi-
tiun THAT the secretary was the agent Sc
tE" insut"l only. and not tho agent of the
order. and that therefore the body was not
responsible for his neglect
The Supreme Court. however. refused to
accept this view, Justice Browns opinion
holding the secretary 90 be the :ge,t 0e
the supreme Lodge Of the knicnts OF
I'ythias ami the order responsible for ths
fun sum of the policy. regardless Of the
negligence Of the Withers sections secre-
tary.
A~nti-Ci%arcfte Law.
The United States Supreme Court to-day
decided the case of ,iuudliu. Us. Tho City ot
Chicago, involving the validity of the anti
cigarette ordinance of that city. Tho ord;-
nance WIS attacked a. unconstitutional. The
opinion was handed down by Justice Peck
ham and held tho ordinance not to be I'M
constitutional.
Indiana Gns.
Justice White handed down the opinioSS
Of the court in the ease of the Ohio en-
Company ~. The stat" 0f in!iana. The
case involved tn" validity oi the State law
prohibiting persons from boring wells to
permit the escape of gas into the atmos-
phtIe. as opposed To- the general interests
of the community. TIL oil company In its
this law was j violation of the Federal
Constitution. in that il amounted 10 taking
property without due process of law. de-
clarinS that it practically meant that the
cit in a certain district could not be re-
moved until the gas WAS exhausted. The
State courts upheld the law. refusing TO
acc, ut this view of the case. To-day's
opinion sustained that view. Justice White
said that tin oil company had apparently
proceeded under u wi.cOnco pfinn of tho
law. for, under the view presented. each
property owner could proceed Z" do as hS
migii; please with his property. to the In
Jury of an entire community. For this rea-
son the prohihitory law of the State was
held to be valid and not in Contravcntion
OF the Constitution of the United States.
Justice White said there was cOequal right
of all the owners of surface soil to the gas
and oil below.
Federal Employees.
In tho case Of Morris kchn VS.. Tho
United States. the supreme Court to-day
decided that the courts have II" supervisory
powers Owe: the heads of departments or
the Government in dischargirg suhnrdi-
mates. The opinion was handed down by
Justice Brewer.