Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-17
IN THE SUPREME COURT
NOTION FILED TO ADVANCE
SENATOR BURToN's CASE.
Attorney General Moody Presented
North Carolina Bonds
Validated.

In the Supreme Court of the United
States today Attorney Rossington filed a
motion to advance the case of United
States Senator ]. R. Burton of Kansas, and
also submitted a petition for a writ of GER
tiorari to bring the case from the circuit
court of appeals for the eighth circuit to
the Supreme Court. Mr.. Rossington stated
that he had been informed that the Depart
ment of Justice will not antagonize the mo-
ton to advance, but would be willing to
have a hearing set for November or De-
cember. The court took both the motion
and the petition under consideration. Sem
ator Burton occupied seat among the
spectators In the court chamber.
Attorney General Moody was today pre-
scented to the court by Solicitor General
Hoyt The court acknowledged the intro
duction through the chief justice, who or
dered that Mr.. Moody's commission be re-
corded.
North Carolina Bonds.
The court denied the motion of counsel
on behalf of the state Of North Carolina
for rehearing in the case of the state of
South Dakota agt. the state of North Caro-
lima, decided during the last term of the
court favorably to South Dakota.
The case involved the validity Of North
Cardinals guaranty of certain railroad
bonds donated to South Dakota for the ben
eft of the University of South Dakota The
court ordered the sale of the bonds and to-
days action renders that decision final. The
decision has the effect of validating other
North Carolina bonds of similar character.
The motion for the advancement of the
case of Coulter and others against the
l ouisville and Nashville Railroad Com
pany was granted by the court. The case
involves the right of the state to tax the
railroad company's franchise. The COM
pany resists the law as unconstitutional.
Insurance Cases Advanced.
The court advanced the date for the
argument of the Scottish Union and Ma
tional Insurance Company cases, growing
out of the tax laws of the state of Ohio
The two insurance companies are British
corporations. Under the laws OF that state
they, as non-residents, placed municipal
bonds amounting to 100000 in the hands
of the state authorities.
The state sought under it's statutes to col
lect taxes upon the bonds. and the insur-
ance companies resisted. One of the laws
involved authorizes the sale Of property on
which taxes are unpaid, and the other au-
thorizes collection by civil process. The
cases arose in Franklin county, Ohio, and
fourteen other similar cases from that
county are pending in the courts. The hear
ing of the case was set for January next.
An Examination Fraud.
The court denied the petition of Thomas
F. Curley and James ]. Hughes of Bos-
ton for writ of certiorari in the proceed
ing of the United States against them for
conspiracy.
The particular offense charged was that
Curley impersonated Hughes in civil serv-
ice examination for the position of letter
carrier in order to insure the appointment
of the latter. They were convicted in the
lower courts and the refusal of the Su-
preme Court to interfere has the effect of
rendering the decision final