The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-10
IN THE SUPREME COURT.
Case Affecting the status of Porto
Rico Not Decided.

The Supreme Court reassembled yester-
day after fortnight's recess. and estab-
lished record for the year. disposing of
thirty-eight cases by opinion. The court
VIII not Go anything that may seem to at
feet the Porto Rican situation In Congress
Although il has the application OF Ramon
Baez for release from prison, where he In
serving out a thirty days sentence. i'm
posed by the provisional court OF Porto
Rico. no decision was announced yester-
day. although Bsez's sentence will expire
next week. Council for the petitioner were
greatly disappointed at the non action of
the court.
The court decided that the courts have
no supervisory power over executive de-
partments in the matter CT discharging en-
ployes even though the person discharged
be an honorably discharged soldier. Nor
ris keim, an old soldier passed the civil
service examination on May :. 1883. and
was appointed clerk. On July 81 1894. he
was discharged by the Secretary OF the H.
terror, upon the recomme ndation of Mr..
Lochren. Commissioner CT Pensions. for al
legged iucompeteney. The Court of Claims
refused to give Keim judgment for money
was not allowed, but was willing 10 per-
form, and he appealed. Reviewing the
I facts, Justice Brewer said
We are asked to decide whether the courts may
supervise the action OF head OF department in
ciscbargins OF tie clerks therein. II has
been repeatedly adjudged that The courts have no
general supervising power over the proceedings
and action OF the various administrative depart
ments Of Government
In the absence OF specific provision to TIE con
IRA lhs. al .
power of appointment.
Mr.. Justice white handed down an opin-
ion in the long pending case of the Louie
willie and Nashville Railroad Company vs..
Smith. The case involves the liability Of
the Louisville and Nashville company for
the interest on the bonds OF the Cumber-
land and Ohio Railroad Company which
came into the possession of the Louisville
and Nashville company through the acqui-
sition by the latter company Of the Gu
eilnati and Lexington road. The Gaze was
decided against the Louisville and Nash
Vile. the court declaring that there was no
violation Of the Constitution in holding the
company responsible on the ground that the
Louisville and Nashville had voluntarily
made itself a party to the case and hold
ing it responsible on the original proceed
ing. which was against the Cincinnati and
Lexington company.
The State of Kentucky prosecuted the
firm of Block & Co.. distillers of Kenton
County. TO recover taxes alleged to be due
upon whisky held by them in the United
States bonded warehouses. In the course
OF the proceedings. David " Conningore
Collector OF Internal Revenue for that dis
trict. was subpoenaed and asked il the
firm did not make reports to him OF the
amount OF liquors they stored in the ware
house. and II those reports were not in his
possession. He answered Yes" but when
ordered to produce the reports. declined to
do so, pleading in defence OF his refusal the
regulations of the Secretary Of the Treas
ury that records OF the collectors Of In
ternal revenue were in their custody and
control for purposes connected with the
revenue Of the United States and for moth
ing else. This was not deemed sufficient by
the State court. aud he was committed to
the custody OF the sheriff as in contempt OF
court.
On the collectors appealing to the Dis
trict Court of the United States for re-
lease on writ Of habeas corpus. he was
discharged. The State authorities appealed
to the Supreme Court, and the district
judge was supported by its decision yes
terday. The regulations of the Secretary
of the Treasury. Justice Harlan said. were
proper and reasonable.