Evening star., 1901-04-15
Tax on Export Bills of Lading De-
clared Unconstitutional.
PROVISION OF War REVENUE LAW
Brief Filed in a Porto Rican
Case.
THE VALIDITY OF DIVORCES

In the United States Supreme Court an
opinion was handed down today in the case
of Fairbank against the United States.
The case involved the constitutionalty of
the provision of the war revenue law i'm
posing a tax upon export bills of lading.
The court decided against the government,
holding that provision of the law unconsti-
tutional The opinion was handed down by
Justice Brewer. and Justices Harlan, Gray,
White and McKenna dissented.
Must Move Its Lamp Posts.
Justice White handed down the opinion
of the court in the case of the ST. Paul
Gaslight Company against the city of st.
Paul. Mimi. in the matter of the proceed
ing of the city to compel the gas company
to remove it's posts in view of the introduc-
tion of electric lighting The company re-
sisted the citys demand on the ground that
the ordinance requiring removal was an i'm
pairment of contract. The case was de-
cided in favor of the city. in that it was
dismissed for want of jurisdiction. Justice
White also remarked that the ordinance
does not necessarily effect breach of con-
tract.
Validity of Divorce DEGREES.
The court decided number of cases in
volving the validity in one state of divorce
DEGREES granted in other states. The court
held practically that in cases in which the
band and wife have made their legal resi-
dence it IS valid in any part of the United
States, but that in other cases in which
there is no legal residence in the state in
which the decree is granted they in
valid The opinions were handed down by
Justice Gray. and involved the cases of
AthertOn against Atherton. Bell against
Bell and Streilwolf against Streilwolf.
Brief in IA Porto Rican Case.
Mr.. Charles a. Gardiner asked leave to
file a motion in the De Lima case. one of
the Porto Rican cases which are now pend
ing in the United States Supreme Court,
and were argued there some time since.
He stated that his brief was in support of
the government contention of the right to
levy duty in connection with commerce
between the United States and Porto Rico
and that he app Jared as the representative
OF the New England Tobacco Company. He
stated at the same time that he had the
consent of the opposing counsel to present
the document. Mr.. HOyt, representing the
government. expressed fear that if the brief
should be filed it would call for replies.
Mr.. Gardiner said he could not understand
why the government should object to the
Ming Of a brief which might save the case
for it, The chief justice told Mr.. Gardiner
that he could hand the brief to the clerk
Appeal From Hawaiian Court.
The court, through Chief Justice Fuller.
issued an order granting leave to file a
motion for rule against the circuit court
OF appeals for the ninth circuit to permit
the filing OF an appeal in that court from
decision of the supreme court of Hawaii
In the Wilders Steamship Company case
The rule was made returnable May 13
Prior to this action a rule was promul-
gated attaching the territory of Hawaii
TO the ninth circuit, with headquarters at
San Francisco.
The court today granted the motion to
advance the hearing in the case of the
Rio Grande dam and set 1t for the third
Monday in the next term.