Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-02
U. s. SUPREME COURT
DECISIONS RENDERED BY THE
HIGHEST LEGAL TRIBUNAL.
Telegraph Company Wins Against the
City of Philadelphia-Ban
Does Not Release Obligation.

The case of the Atlantic and Pacific Tel
egraph Company, practically the Western
Union Telegraph Company. against the
city of Philadelphia, involving the taxation
of the telegraph company's wires and poles
by the city government, was decided by the
United States Supreme Court yesterday in
favor of the telegraph company. The lower
courts decision was reversed on the ground
that the court took from the jury the
power of saying what would have been a
reasonable tax. Justice Brewer said that
there question as to the right of
the municipality to legislate for a tax of
this character. but that it did not follow
from this fact that a municipality is not
subject to any restraint in the amount of
such charges. In this case, he said the
cost of maintenance of the telegraph lines
was less than one-half of the charge made
by the city for supervision alone, and he
added that the testimony in the indi-
Gated that the city had undertaken by the
imposition of an unreasonable tax to force
the telegraph company to put its wires I'M
foreground. I'VE do not say" he SAID
that a city has not by virtue of its police
powers authority directly to compel the
removal of wires from poles to condu:ts
but it may be questionable whether a city
can seek the same results by an excessive
and unreasonable charge upon overhead
wires"
A Stay of Mandate
In the case of the territory OF Hawaii
against Osaki MankicIi convicted OF muir
der in Hawaii without being tried by jury,
after the delivery of the opinions of the
Supreme Court of the United States yes
terday, Attorney Morse, in behalf of coun-
sci for Mankichi, presented motion for
leave to file a petition for a rehearing and
a stay of the mandate in the case. The
chief justice said that the motion would
h nYlfr md hot ar,+a rf,,rr &C 10.
motion would necessarily act a stay of
the mandate.
In the Supreme Court yesterday Mr..
Francis Rawle of Philadelphia was APP
pointed a commissioner to take testimony
in original case No. 1 before that court in
volving the water boundary between New
Jersey and Delaware
A Case of Alimony.
The court, in opinion by Justice Peck
ham, in the case of Horace B. Dunbar agt.
Lottie E. Dunbar, coming from the state
of Massachusetts, held that a discharge in
bankruptcy does not operate as discharge
from obligation incurred to pay alimony
or to meet contract in the nature of all
mony.
The court confirmed the report of the
commissioners appointed to remark the
boundary line between the states of Vir-
ginia and Tennessee.
The court granted leave to the state OF
original proceeding of that state against
the state of Colorado to restrain the lat
ter in the use for irrigation of the waters
of the Arkansas river. Colorado was also
given leave to file a reply.
Townsite Entries.
The court affirmed the opinion of the
Oklahoma supreme court in the case OF
Henry II. Bockfinger agt the trustees OF
townsite board No. 6, Oklahoma territory,
involving construction of the law regarding
towrsite entries in Oklahoma. The opinion
held that until the title to lands within
any townsite boundary has been fully dis
posed of, as provided in the act of August
IA, 1880, no suit can be maintained against
the townsite trustees to diYest them OF
their title held in trust for occupants under
that act, although a townsite occupant,
after receiving title under that act, may be
sued by any one claiming that he acquiI ed
under the homestead laws a right TO the
lands prior and superior to that held by the
townsite trustees for the uses and benefits
of TOWNSHIP occupants"
The court adjourned for the term yes.er-
day afternoon. The days session was de-
voted almost wholly to the delivery of opn-
ions, and two and one-half hours were thus
consumed.