Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-18
Decisions Handed Down at
Today's Session.
THE MERGER CASE
ITS ADVANCEMENT ON THE CAL
ENDAR MOVED.
Interstate Commerce Commission Re
versed on a Long and Short
Haul Dispute.

Solicitor General Hoyt today presented
to the United States Supreme Court a mo-
ton for the advancement of the hearing in
the case of the Northern Securities
Company against the United States,
now on the docket on appeal under
decision of the United States circuit
court of the district of Minnesota.
Attorney General Knox Joined in the mo-
ton. and Mr.. Hoyt stated that he was au-
thorized to say that the legal representa-
tives of the securities company were also
favorable to the motion. He also stated
that counsel would be satisfied with any
date that might be named early in Decem-
Der next The court took the motion I'M
der Amusement
Citizenship of Corporation.
In an opinion handed down by Justice
Peckham, the opinion of the supreme
court of North Carolina is reversed in the
case of the Southern Railway Company
agt. Allison. The case was a proceeding
for damages on account of an accident. but
the point of interest involved was the queS-
ton as to whether the railroad company
had secured it's citizenship in the state of
North Carolina by filing it's charter In that
state when it had been incorpora ted in the
state of Virginia. The state court had held
that II did become citizen by that pro-
CeeU1ng. Inc OPINION To-Day LOOK Jne OPP
posite view, holding that citizenship was
confined to the state in which the charter
was granted. The decision was therefore
favorable to the railroad company.
Long and Short Haul Decision.
The court reversed the finding of the
United States interstate commerce commits
sion in the case of the proceeding Of that
commission against the Louisville and Nash
vile Railroad Company and other railroad
companies whose lines constitute con-
tinuous line between the cities of New Or
leans and Atlanta.
The casa arose out of a charge made to
the effect that there is discrimination
against the town of La Grange, which is
the lines between New Orleans and
Atlanta, and to which 1t was alleged that
a higher rate was charged on freight from
New Orleans than was charged on goods
shipped from New Orleans to Atlanta, not
withstanding it was a shorter haul. The
court held that the rate in favor of At
lanta justified by the fact that At
1anta Is a competitive point.
State Boundary Dispute.
Mr.. Geo. H. Bates. representing the state
Of Delaware, entered motion for an order
to fix the time for the taking of testimony
in the original proceedings involving the
boundary line between the states of New
Jersey and Delaware. This case stands as
NO. on the original DOCKET ana mas OcCu-
pied a place the docket for the past
twenty seven years Mr.. Bates stated that
both sides of the controversy were now
willing to expedite the case, but that
neither desired that the hearing be set be-
fore October, 1904
He added that 1t would be nece ssary to
take testimony in England before the case
could be satisfactorily adjusted.
Mr.. Justice Holmes handed down the
opinion of the court in the case of Wilkes
county, North Carolina. agt Coler and 9TH
ers. involving the validity of railroad bonds
issued by the county in aid of railroad con-
struction- The court held the bonds to be
valid under the state law ordinance of
1865.
Not Guilty of Contempt.
Chief Justice Fuller ordered the perma-
ment release of the two Louisville attor-
neys. w. w. Watts and David A Sachs.
who were committed to Jail in indianapolis
last February on the charge of contempt of
court in connection with the bankruptcy
proceedings against NJ Zier & Company OF
New Albany.
The two attorneys were charged by Judge
Anderson of the federal district court with
obstructing by advice his orders for the
transfer of the property of the bankrupt
firm from the custody of the state court