The Colfax gazette. [volume] (Colfax, Wash.) 1893-1932, 1902-04-25
FIRST MBRGHR BLOOD
Supreme Court Will Hear the
Washington Case.
Leave Granted to File Bill OF Com.
plant and Securities Conn
pany Must Answer,

Washington, April 21.-The United
states supreme court today granted
leave TO the state OF Washington to file
al original bill for an Injunction against
the Great Northern Railway Company.
the Northern Pacific Railway Company
and the Northern Securities Company,
III connection with the petition of that
state recently fled in the courts. The
opinion IN the case was delivered by Chief
Justice Fuller, who stated that the court
bad always exercised the utmost care in
Its proceedings in original cases. and
that the present decision to grant leave
to flle was intended to be entirely with
out prejudice to either party at interest.
The chief Justices opinion was very
brief, and consisted entirely of view of
original cases of the same character
which have been brought to the atten-
tiOn OF the court. The two most i'm
portant OF the cases thus cited we're the
case OF the State OF Louisiana VS.. the
State OF Texas, concerning the Quaran-
tine regulation OF the latter state, in
which leave was given to file, and the
| State OF Minnesota VS.. the Northern Sc
curlties Company, in which the petition
| to file was denied.
Referring to the latter case, the chief
justice said the petition had been refused
because of the insuperable objection that
indispensable parties to the case could
not be brought into the court. This
! objection did not, however, confront the
court in the present case, and the court
| felt that, because OF it's desire to proceed
with the utmost care and deliberation in
all cases where original actions are
| brought in this court, the precedent of
the Louisiana Texas case should be fol-
| lowed rather than that of the Minnesota
case IN the present instance. Hence
leave to tle would be granted, and sub
penas would be issued, returnable on the
first day OF the next term of the court in
| October.
The usual practice in equity cases
| has been to hear such applications" the
chief Justice said, "although under
special circumstances a different course
has been pursued"
Alter referring to several precedents,
be made brief mention of the Minnesota
case, saying:
I'm Minnesota VS.. Northern Securities
Company, application to file a bill
similar to that before us, and seeking
similar relief, was made, and, after ex-
amining the bill, we directed notice TO
be given and heard argument on both
sides. The result was that leave to file
was denied because OF the certain in
dispensable parties who could not be
brought in without defeating our con-
stitutional jurisdiction.
THAT insuperable difficulty does not
meet US on the threshold here, but
among other objections to granting
leave it is urged that the court has no
jurisdiction in the subject matter, be-
cause the bill does not present the case
OF a controversy OF civil nature which
is justitiable under the constitution and
laws OF the United States, in that the
suit does not involve rights OF a pro-
prietary or cOntractual nature, but is
purely suit for the enforcement of the
local law and policy of a sovereign and
independent state, whose right to make
laws and to enforce laws exists only
within itself and by means of it's own
agencies, and is limited to it's own terri
tory.
in the exercise of original Jurisdiction
the court has always necessarily used
the utmost care and deliberatiOn, and
in respect of all contested questions on
the fullest argument. And in the matter
of practice we are obliged to bear in
mind in an especial degree the effect of
every step taken in the instant case on
those which may succeed it. It seems
to US wisest, therefore, to take the same
action on the pending application as
was pursued in Louisiana vs. Texas,
that is, without intimating any opinion
whatever on the questions suggested, to
grant leave to file in accordance with
the general rule"
Governor Mcbride is Pleased,
Olympia, April 21.-The news that
the United States supreme court had ac-
cepted Jurisdiction in the case was re-
ceived by Governor Mcbride with ex-
pressions OF satisfaction. He declined
to discuss the legal phases OF the ques-
ton, but said: 81 am very much graft
fed that the United States supreme
court has decided to assume jurisdiction
in the case. 1t means the case will now
be tried upon it's merits. The railway
companies and the Northern Securities
company will be required to file their
| answer and proof will be taken. II the
evidence to be introduced sustains the
allegations OF the complaint, the relief
prayed for will be granted. Attorney
General StrattOn is entitled to great
credit for the skill and ability displayed
by him in handling the case. have the
utmost confidence in his ability, and
know the case will be pressed as strong