The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-20
SUPREME COURT DECISIONS.
THE HiRTER ACT SIPERSEDES
4 SPECIAL CONTR4CT.
Cases Involving the Constitutionailty OF
the Porto Rico and Philippine Tarin
Act Assigned for Argument Nov. SO
The Park Avenue Damage Gases.

the Porto Rico and Philippine Tariff
Act Assigned for Argument Nov 30
The Park Avenue Damage Gases.
WASHINGTON, Oct, l9-That special
contract disclaiming responsibility for
damages in the transportation OF diseased
beef does not supersede the provisions OF
the so-called Harter act as far as the eXer-
else Of due diligence is concerned. was
affirmed by the supreme Court to-day.
The case was that of Martin Fuller Co
of Philadelphia, who slipped quantity
of beef to Liverpool by the steamship
Southwark, the greater part OF which was
spoiled on the voyage, the plaintiff claimed
through defective Iefrigerating apparatus
The District Court and the Court OF Appeals
found in favor of the steamship company
on the ground that in connection with the
contract the burden Of proof was upon
the shipper.
The Supreme Court found that the re-
frigerator machinery was imperfect and
that due diligence had not been exercised
in its inspection SO that the carrier had not
compiled with the test OF seaworthiness
laid down by previous decisions OF the
court. The judgment of the lower court
in favor of the steamship company was
therefore reversed.
The court to-day assigned for argument
on Nov. 80 the cases of Czarinikow, McDou-
gal 4 Co. and Warner, Barnes Co., in
volving respectively the constitutonality
of the Porto Rican and Philippine tariff
acts, the suits brought by the Spreckels
De- nd at
' test the validity Of as many different pro-
visions Of the War Revenue act and the case
Of Miss Gonzalez, Porto Rican immigrant,
who claims that as Porto Rico is a part
OF the United States her exclusion by the
immigration officials at New York was
illegal.
The court assigned also for argument
on Jan. 4 the two cases brought by Butt
field against the Collector Of Customs at
New York to test the validity Of the Tea act
and the Treasury regulations prohibiting
the importation OF teas which fall below
the standards of purity.
The court to-day granted three appll-
cations for writs Of certiorari and denied
twenty-three, and also denied six applica-
lions for reheaIings Among those granted
were two cases ing the license tax
imposed by Plumas and Sierra counties,
Cal, on the business of sheep herdng,
which. 1t is claimed, Is unconstitutional
The third case was the appeal Of fory-two
hackmen against the decision of the lower
courts forbidding them 70 solicit business
In the Pennsylvania Railroad station In
Chicago.
OF the applicants for advancement out
Of order, the court granted and assigned
for hearing on Nov. so the appeal OF the
Delaware Indians from the Judgment Of
ths,N ,trt Nf in Of a
Nation, involving the rights Of the Della
wares to $4,000 acres Of land about to De
allotted in severalty to the Cheiokees.
Another case involving the rights OF half
breeds to participate IN the allotment OF
Indian lands is now under argument before
the court.
The court declined to advance the appeal
Of Henry Muhlker from the decision OF the
New York Court Of Appeals In favor OF the
New York Central Railroad company,
which it was sought to make Q test case of
for the 100 suits which have been filed by
property owners for damages caused by
the elevation Of the Centrals tracks Oh
Park avenue. New York city. The Court
Of Appeals held that the company was not
liable; because the work was performed
~tffTdax authority Of tina New-York- Legis-
lature. The prfaeipsi ground for advance
ment was that the 100 other litigants would
be spared the expense Of appeals to the
Supreme Court by an early decision in this
case.
Counsel for jackson W. Giles and Dan
Rogers asked that the three cases involving
the constitutlonality of the Grandfather
clause of the new Alabama Constitution
be consolidated and advanced for early
hearing Giles, being refused registry
under the clause, sought by writ Of man
damus to compel the Montgomery board
Of registration to place his name on the
lists.
The Supreme Court, however, decided
last spring that it could not interfere in
the political functions Of the State, and sus-
tanned the Judgment Of the lower co.rt
Diminishing tho application. Giles there
upon brought two civil suits against tho
members o. the board Of registrars fo~
damages sustained through their failure
to place his name on the rolls and his con-
sequent exclusion from the right Of suf-
frage. These suits were denied by the
State courts and were brought to the
Supreme Court on writs Of error.
The Rogers case Is an appeal to the
Supreme Court from the sentence Of death
for murder imposed by the Alabama State
courts on Rogers, who contends that his SEN
tence Ia illegal because negroes are by the
Constitution Of that State excluded from
the jury box.