Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-12-18
SUPREME COURT RECESS
1T WILL BE FROM MONDAY UNTIL
JANUARY
Decisions of General Interest Handed
DOwn-A New Rule
Established.

The chief justice of the United States Su-
preme Court yesterday announced that the
court would take recess from next Mon
day until Monday, January I. The court
also announced change in its rules as
to require that in all processes of the court
and other United States courts the Chris
tian names as we'll as the surnames of per-
sens shall be used. This order is intended
to prevent the use of initials, which often
causes confusion.
A peculiar question arose in the court in
a case from Idaho on an application for
habeas corpus by Jack Davis, under SEN
tence of execution. The point was made
| that he was convicted and sentenced to be
hung by the sheriff. Subsequently the law
placed hangingS in charge of the warden
o. the state penitertiary. 1t was contend
ed that the old law was repealed and the
new law inapplicahle. being ex-post facto
Justice Brown remarked that i; would make
little difference to the accused who exc
cuted him and the decision Of the state
court was affirmed. giving the sheriff the
custody of the prisoner
Dow Law in Ohio.
The court affirmed the decision of the cir
cult court of the United States for the
southern district of Ohio in the case of the
Royman Brewing Company against Harry
Brstor. treasurer of jefferson county. Ohio
The case involved the constituticnality of
the Dow Ohio state law. providing for the
taxation of the liquor traffic. The Royman
company Is West Virginia corporation.
and it is alleged thai in the seizure of its
property to pay the tax there discrimi-
nation because it is not an Ohio institution
ard that, therefore, the statute is void.
Tie court held that while there is a pro-
v.so eXempting sales in quantities of more
than one gallon at the place of manufac-
ture, the exemption is not confined to Ohio
corporations or partnerships. The eXemp
ton came said Justice Shiras, who deliv-
cred the opinion of the court, within the
exercise of the police power of the state.
and was intended to lessen the evils at
taching to saloons. 1t was not therefore
violation of the Constitution of the United
States.
Decisions in Tariff Gases.
The court rendered decisions in the tariff
cases of E. A. Morrison & Son and II. Wolf
& Co., involving the classification of arti-
Giles in imitation of precious stones. The
goods were glass beads and they were as
sessed by the port authorities at the rate
of GO per cent glass, whereas the i'm
porters contended that the duty should be
10 per cent, which is the rate of the duty
on limitations of precious stones. The cir
cult court for the southern district of New
York decided in favor of the contention Of
the authorities, but the circuit court Of
appeals reversed this finding, giving it's de-
opinion handed down reserved that
decision and affirmed the decision OF the
circuit court.
Cannot Decide Moot Questions.
The constitutionality of the Massachusetts
land registration act was involved In the
case Of VIM. B. Tyler VS.. the court of reg
istration, coming up from the supreme
court Of Massachusetts. But in deciding
the case Justice Brown held that Tyler
did not have the status requisite to chal-
lenge the constitutionality of the law and
that the court could not decide moot
questions or abstract propositions presented
by party who did not himself disclose
that he would be affected. The decision
adds that it will be only after the party
has shown that right has been denied him
under the fourteenth amendment that he
may have writ of error from this court.
A dissenting opinion was delivered by the
chief justice and concurred in by Justices
Harlan, Brewer and Shiras.