The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-23
CARTER DENIED LIBERTY
BRIEF VERBAL ANNOUNCEMENT BY
CHIEF JUSTICE FULLER.
Supreme Court Opposed to Admitting
the Army Captain tn Bail-Insu-
lar Cases Not Decided.

WASHINGTON, April 22.-The United
States Supreme Court to-day denied the
application of former Capt. Oberlin NJ. Car
ter TO be admitted 10 bail. The court con-
tented itself with a bare announcement
made by the chief justice Of the result of
its deliberations. No reasons were as
signed and no reference was made TO Car
ter's motion to strike Solicitor General
Richards's brief from the files 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 a recess next Monday until
May l3. No intimation has been given by
the court as to when the decision of the
insular cases may be expected or whether
they will be decided at all before final adj
journment.
An opinion was handed down to-day in
the case of H.. l.. Bedford VS.. the Eastern
Building and Loan Association of SYRIA
cuse. n. Y. This case grew out of the sale
of stock ia the building association to Bed
ford and the making of a loan to him in
1891, he being a resident of Tennessee. Bed
ford made default in the payment of his
note and pleaded the violation of a law of
NfNhh' AAt bNltsAt - biiNS
by building associations doing business in
the State. The court held, however, that
the loan was a contract which the act of
! the State Legislature could not impair.
The time of the court was given to-day
largely to the question of the right of one
State to quarantine against another. The
contention arose in connection with the
case of w. Il. Smith VS.. the ST. Louis *
Western Railway Company involving
nlT1T4nflnn ffAHa a TIC -. 4
ton OF cattle in 1897. The cattle shipment
upon which this case turned was made by
Smith over the St. Louis road from Plain
Dealing. La, 10 Fort Worth, Tex, the Off
Gals of the road being unaware that a
quarantine had been established. as 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 dealers and reshipped IL
TO Plain Dealing. There Smith refused to
receive it, as he also did the proceeds of
the sale of the stock. Smith then brought
suit for damages, contending that the regu-
latons were an Interference with inter
state commerce and unJustihed by the
facts. The trial court sustained this regu'
lation, but the State Court of Appeals re-
versed the decision. holding in favor of
the railroad company. To-days opinion az
firmed the latter decision on the GROUND
that the State had a right under it's police
power TO protect itself against infectious
disease, even though may Incl
dentally be interfered with by the regula-
tons for such protection. Justices Harlan
and White united in a dissenting opinion
and Justice Brown delivered a dissenting
opinion of his own.
The court denied a motion for leave to
file a petition for writ of mandamus in
the American Sugar Refining Company'S
controversy with the government concern
ing the polariscopic tests of sugar. The
motion had in view a proceeding authoriz-
ing United States consuls In foreign coun-
tries TO take the testimony of experts in
behalf of the sugar company.
Justice Brewer handed down an opinion
in the case of Rasmussen VS.. The State of
| Nevada, in which he affirmed the constitu-
t~ionality of the law of the State of Idaho
authorizing a quarantine against sheep in
outside States supposed to be affected by
| an infectious disease.