Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-22
IN THE SUPREME COURT
Drainage Canal Representatives Must Answer
to Complaint.
Decision Regarding the Petition of
MissOuri-South Dakota Rail-
way Case.

In the case of the state of Missouri
against the state of illinois, involving the
petition for an injunction against the Chi
cago drainage canal the United States Su-
prenle Court today decided to permit the
attorney general of Missouri to file his bill
making the summons TO the defendants re-
turnable April ..
In connection with this decision Mr.. b.
Schumacher representing the state of
Missouri asked for a temporary restrain
ing order against the Chicago drainage dis
trict prohibiting the operation of the canal
during the pendency of the proceedings in
this court. He said the canal had been
opened since the proceeding had been be-
gun here and with the full knowledge of
the proceeding.
In reply Chief Justice Fuller said that it
was impossible for the Supreme Court to
exercise original jurisdiction in suit be-
tween states without giving notice; that
sixty days were required for a return, and
that nothing could be done before the date
upon which the service was made return
able in the main proceeding. viz: April ?.
Railway Rates in South Dakota.
The United States Supreme Court today
decided the case of the Chicago, Milwaukee
and St. Paul Railroad Company agt the
railroad commissioners of the state of
South Dakota. The case involved the state
law providing maximum rate for the rail-
roads.
The circuit court of the United States for
the district of South Dakota dismissed the
bill but today's opinion reversed this judg-
ment and Temanded the case with instruc-
tions to the lower court to invcstigat. the
earnings of the road in the state. so as to
arrive at the equities Of the case.
Formation of Paper Trust.
A decision was rendered in the United
States Supreme Court today in the case of
Harry w. Dickerman VS. the Northern
Trust Company. This bill in equity
filed in the circuit court for the northern
district Of Illinois by the trust company
against the Columbia Straw Paper Com
Tany to foIeclose a trust deed of thirty
nine paper mill properties located in nine
different states. The court of appeals for
The seventh circuit issued decree allow
ing the foreclosure and sale.
This decree was affirmed by today's opin-
ion, which was handed down by Justice
Brown.
SOivency of Railway Companies.
Mr.. ]. ID. Springer today presented in the
court notion for a writ of certiorari i'll
the case of the Toledo, St. Louis and Kan
sas City Railway Company against the
Central Trust Company, and Mr.. J. 5. Mil
Ter a similar petition in the case of Dana
y. Rcse against the Central Trust Com
Iany.
The cases involve proceedings affecting
the solvency of the railroad company, the
decision in the court of appeals for the
sixth circuit having been favorable to the
trust company. Ii the petitions are granted
the cases will be brought to this court for
review. The court took them for consid-
Grafton.
TapiOca Flour NOn-DutiabIe.
Justice Peckham handed down the opin-
ion OF the court in the case of Chew Hing
Lung & CO. VS.. the collector of customs
at San Francisco.
The case involved the question as to
| whether tapioca flour is a form of tapioca
and admissible free of duty, or form of
starch and dutiable at the rate of 2l1 cents