Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-13
THE SUPREME COURT
ARGUMENT ON THE "LONG AND
SHORT HAUL" CLAUSE.
Interstate Commerce Commission Case
Being Heard - The Mission
Rocks of California.

The United States Supreme Court today
granted the motion of Attorney Marshall
representing Whitaker Wright in the eX-
Tadltlon proceedings against him. and set
the argument for next Monday after the
disposal Of other cases set for hearing
on that day
Then the motion was presented and
when Mr. Marshall stated that the appli-
cation was for writ of habeas corpus
the chief justice indicated that the hearing
might proceed today if all parties were
prepared to go on. Solicitor General Hoyt.
however, indicated a desire to examine the
record, with the view of intervening in
case 1t should appear desirable to do so
1t was also found that Attorney Fox rep
resenting the British government was not
present in the court
The court decided the divorce case of
Lille Winston against Walker Winston.
n n9th or New York IN favor of the latter.
The case involved the validity of a decree
granted Mrs. Winston by an Oklahoma
court, which, 1t was claimed, had been
granted her without a sufficient residence.
The decree was not accepted by the New
York courts, and today's decision upheld
that view. Mrs. Winston married after Sc
curing her decree, and is now known as
Mrs Ludden.
city of Memphis Tenn, in the tax proceed
ing of the Union and Planters Bank
against that city. The bank claimed ex-
empt1on from taxation. The opinion sus-
tained the decision of the United States
circuit court, but held that the circuit court
or appeals had not been justified in assum-
ing jurisdiction in the case.
The court decided the contention between
the United States and private parties as
to the ownership of the submerged and re-
claimed land in San Francisco bay, which
includes Mission Rocks against the gov
ernment.
The claimant in the case opposing the
government was the Mission Rock COM
pany. which asserted title to the land
through a grant from the state of Cali
fornia. The national government contested
the claim the ground that the land had
been reserved by order of the President
for naval purposes. The court held how
ever that there was no intention to reserve
more land than could be utilized 1t was
further held that it had been the uniform
policy of the state of California to dispose
of Its tide lands without reference to the
claims of the owners of contiguous lands
and that as there had been no departure
from the rule in this case, there was no
reason for questioning the validity of the
Mission Rock Company
Arguments We're heard this afternoon in
rne case or the interstate commerce COM
mission against the Louisville and Nash
vile Railroad Company, the Western Rail-
way Company of Alabama and the Atlanta
and West Point Railroad COMPANY The
case came to the Supreme Court from the
United States Circuit Court of Appeals for
the fifth district. The case involves the
long and short haul clause of the Interstate
commerce law.
It is claimed that in violation of that law
higher rates have been maintained from
New Orleans to Lagrange than from New
Orleans to Atlanta, although the former is
but a portion of the distance of the latter
haul. 1t is contended that it must be con-
sidered that the rate from New Orleans to
Atlanta is a reasonable one, and that being
SO the higher rate for the shorter distance
Is regarded as unreasonable, COmDetition
is claimed to be the reason for the lower
rate for the longer distance. The law pro-
vides that under similar circumstances ana
conditions greater charge may not be
made for a short haul than for a longer
haul. the shorter being included within the
longer.