Evening star., 1901-04-22
A States Right to Protect Itself
From Infectious Disease.
CAPT. CARTER'S APPLICATION DENIED
Opinion on the InvioIabiiity of Con-
tracts.
TINE OF URNMENT

Inc attention or the tn1teQ states Su-
preme Court was given today largely to the
question of the right of one state to quar-
antine against another. The contention
arose in connection with the case of w. P.
Smith against the St. Louis and South
western Railway Company, involving quar-
antne regulations against the importation
of cattle in 1897 The cattle shipment upon
which this case turned was made by Smith
over the st. Louis road from Plaindealing,
La, to Fort Worth, Tex. the officials Of
the road being unaware that a quarantine
had been stablished. had been done by
the Texas officials. When the existence of
this restriction became known the railroad
company refused to deliver the stock to the
consignee, and reshipped them to Plain-
dealing. There Smith refused to receive
them, as he also did the proceeds of their
sale. Smith then brought suit for damages,
c0ntendlnS that the regulations We're an in
terference with interstate commerce and
unJustitied by the facts. The trial court
sustained this regulation, but the state
court of appeals reversed the decision,
holding In favor of the railroad company.
Today's opinion affirmed the latter de-
cision on the ground that the state had
right under it's police power to protect
itself against infectious disease. even
though commerce may incidentally in
terfered with by The regulations for such
protection. Justices Harlan and White
Brown delivered dissenting opinion of his
own The principal opinion in the case was
handed down by Justice Mckenna.
The court held as constitutional the
quarantine law of Idaho In relation to sheen
from other states. In the case of Ras-
mussen, plaintiff in error against the State
of dlho, the statute makes no absolute
prohibition of the introduction of sheen
but authorizes the governor to investigate e
the condition of sheep in any locality, and
ii found to be subject to the scab or any
epidemic disease liable to be commune
Gated to other sheep. to make such restric-
tion on the Introduction into the state as
Shall seem to him, after conference with
the state sheep inspector. to be necessary.
The executive acted on the authority thus
conferred and the supreme court of Idaho
upheld his act. and today the decision Of
the latter was affirmed.
Final Adjournment of the Court.
Chief Justice Fuller announced the final
adjournment of the court for the term on
the 9th Of May. The call of the docket
will be suspended next Friday and the court
Will take recess next Monday until The
18th of May. No intimation has been given
by the court as to when the decision of the
fnsdlar cases may be expected or whether
they will be decided d all before final aG-
journment.
Cannot VItiate Contracts.
An opinion was handed down in the case
ing and Loan Association of Syracuse. N.
Y. This case grew out of a sale of stock in
the building association to Bedford and the
making Of loan TO him in 1891. he being a
resident of Tennessee. Bedford made de-
fault in the payment Of his note and pleaded
the violation of law of Tennessee requtr-
ing the deposit Of funds by building as
sociatiOns doing business in the state The
court held, however, that the loan was a
contract which the act Of the state legisa-
ture could not impair
Capt. Carter's Application Denied.
The court denied the application of Capt.
Carter to be admitted to bail. The court
contented itself with bare announcement
made by the chief justice of the result OF
its deliberations. No reasons were assigned
and no reference was made to Carriers mo-
ton to strike Solicitor General Richards
brief from the files of the court.
Dispute Over Customs Collections.
Mr.. Thomas p Wickes of the New York
bar applied for writ of certorari to the
United States Circuit Court of Appeals for
the fourth circuit to review the decision of
that court rendered in May, 1900. in the dis
pute between S. NJ. I.awder & Sons of Bal
timore, Md, and William f. Stone. collector
of customs for the district of Baltimore.
In 1897 LaWder d Sons imported several
cargoes of pineapples from the British
West Indies to the port of Baltimore. Tn
DER tne taTlH act OF 1917. III erect AT tRat
time, pineapples had to pay duty of 20
per cent advalOrem.
On the voyage a quantity of the pineap-
pies became rotten, so that, upon the dis
charge of the carsOeS at Baltimore, there
remained In the hold Of each ship mass
of decaying and unmerchantable fruit
which was dumped into the bay gar
bage. The collector, however. assessed
duty upon the entire lot as a damaged
cargo. The importers protested. claiming
that they were legally liable to pay duty
only on such pineapples as had arrived,
and that the collector should have allowed
for the damaged portions a short ship
ment.
The United States general appraisers at
New York reversed the collectors decision
In each case. Whereupon he appealed to the
circuit court of the United States for the
district of Maryland, where it was again
decided that the duty paid under protest
by Lawder & Sons had been illegally exact
ed. Then Collector Stone took a further ap-
peal to the United States circuit court Of
appeals, where Circuit Judges Goff and
Smonton held that he was right; and it is
this decision that the Supreme Court of the
United States is asked to review.
The application was opposed by Solicit or
General Richards. The court reserved de-
cision.
o.