New-York tribune., 1904-08-05
gEFORE FINAL TRIBUNAL.
Many Cases Of Importance to Come
~ IN L. S. Supreme Court.
,rEon TIE TRIBUNE BUREAU


-.s.aA-s-ion. The regular call Of the dockot
..1r ring before that tribunal for inal adjudi-
.-to- end settlement propositions involving
-. ,7lr great property interests. but affecting
- v-sI The personal liberty Of AZ least two men
80 -enes nave been prominently associated
- commercial crookedness aHa political cor
-upt-o1.
~ .sse which naturally attracts the greatest
-.--,o- Is that Of the so-called Beer trust
81 is now before the supreme Court on ap-
--I,.le, nv The trust from a blanket injunc-
.,,r granted by the United States Circuit court
-. i-tyncrion restrains the alleged conbfaa-
-;or from violating the Antitrust law IN lhe
.-,ri-r,lation Of prices, but the charge has per
-4-.a-.rr reen made that the trust has continu-
m, zisobeved IL though il is assumed that no
.ts+s-+o-v proof Of that allegation has been
.-ssertad 10 Judge Grosscup, as no steps look
=, N punishment for contempt of court nave
- haen taken. This case IS No l1 on me
so-l,ar and should be reached in the ordinary
,,,-sA Of business in December Il Is inthlalsu'
,.rreve- that the trust appears 10 oe iret'y
.,s1 estished with the way It has been permit
.as m carry on tts business since the srahtl'5
% rhe Injunction There has been no ln'eEIer-
NC and as ITS attorneys have not Tet per-
.a,ted their appeal TO the Supreme court IL Il
-,.,s-,ed that they are satisfied with existing
ssfs,-l. 4 must be remembered that the case
-ou 5~-sits The action 81 the defendant and
.bs government would hardly be justified in tax
,,r stems 20 expedite its consideration. mas
,,,~h as such ar attempt would. n effect oe
~ Effort 10 dissolve ar injunction II ha4 a.
ready obtained
Kansas against Colorado. in which the Inltea
etztes irtervened. Is regarded here as a case o.
great Importance. involving. as II does the qHes
-ion Of rrioriry OF right 10 the waters 81 Dl7
Arkansas River and its tributaries ne 0'a'e
of Kansas seeks 10 enjoin Colorado from 'aAI-ls
The waters of the river for irrigation purposes
and because Of the large interests aTIeelvd 'il7
decision viii be welcomed as much by the citi-
zens Of those oommonwealths as the oons1Tuo-
-ion Of the Reclamation act is desired by the
government
Kansas claims that il owns riparian laH0s III
rbe valley Of the Arkansas River, and as such
rf7arian owner contends that il Is entitled 10
decree compelling Colorado and its tnhah hitants
10 permit ell the waters Of the river 10 hoW into
the state Of Kansas uninterrupted and un-
diminished. Colorado contends that al the
waters % the Arkansas River. its tributaries
and al the waters within the watershed from
whatsoever source arising IN the State belong
70 II il IT'S sovereign capacity II also holds that
as such owner and II It's sovereign capacity II
car authorize its Inhabitants 70 divert and ap-
p-Opr.are 81 ne waters Of the river within its
boundaries.
rsa government in its Plea Of intervention
holds thai neither contention IS in accord with
he doctrine prevailing IN the arid region IN re
sD4ct 70 the waters of national streams and ot
food and other waters. Il further declares that
either contention. = sustained. would defeat the
o5ject and purpose OF the Reclamation act.
thereby preventing the settlement and sale Of
ne arid lands Of that region belonging 70 the
United States
" O. Johnso, against the Southern Pacific
Railroad is No. 81 on the docket, and viii be
reached z,lthin comparatively short tine after
-f.e court convenes. II involves the question of
rhe construction Of TIE automatic car coupler
t-.. and the opinion. when handed down. viii
affect every railroad corporation, great and
sraH IN th5 country. Johnson. Ike pIaIntiH
vas injured while en6eavoring - make a
coupling between an engine tender equipped
E.sth The Jarney coupler and dining car using
q MIer hook coupler. Both ere automatic
co-pers. and each viii couple automatically
with another coupler Of The same kind but
neither viii work by impact with a coupler OF
dissrailar make Il is claimed that the coupling
Of the Janney and the Miller hook is more diffl-
cult and dangerous when an attempt is made
10 couple them than is the use Of the old link
act was 10 prevent men from going between the
IN order 10 effect a coupling To accom-
plish this the act required the equipment Of all
cars with oouplers that would couple by auto
matte impact;
Ens lower court held that the equipment Of
cars engaged in interstatr commercs with an
automatic coupler. even though it failed 70
couple automatically with another automatic
coupler, WAS compliance with the act From
l--s decision an appeal was taken TO the Su-
9cenle Court.
Co-nsel for The railroad contended thar as
ne Ching car was standing az Promontory
tl~i- waiting 10 be attached 10 an outgoing
I9lli Il mas not then engaged IN interstate
commerce and II also held that the tender Of an
engine WAS not a car within the meaning of the
@c- = these cohtentions were sustained. com
Se'eii isgal authorities declare taat il would
- practically impossible 10 ax he responsibility
80 ~.e4-sil-s ot ihls KIND, ana that Il would
80 - render imperative and ineffective the
~ pose Tor which the law was enacted
-A..9lll-r important case which II decided
e~sl me government, might totally destroy
- income from internal taxation and seriously
'lelt rs revenue from customs duties IS that
- ooltl Carolina against the United States
- - a-l- IS an outcome Of the famous dispen-
@sageIA OF the Palmetto State, which was
81 7.-t- -ed ID prevent the manufacture and sale
- = ---so4-oatllg liquors as beverages within the
since me establishment OF these disnensarias
oi-ilT4 States collector OF internal revenue
- >--S District uf south Carolina, on the
- mat li- dispensers" were LIQUOR deal
5,sS,s MtSs'-55 The meaning OF the United States
So -. Revenue laws, has collected from the
"a -,.SEel-s@ry Commissioner 500 annually
s-.-'4 '-'4 lae retail dispensers S25 annually as
Special liquor tax -
@oolt TWO yea-s sEo rhe Sourb C-sro1,-s an,
ssges - - osesIea against the payment Of these
s7lsirrs - - instituted suit IN the Court OF
- .i-ls against the United States 70 reoo,er rbA
Lex taxes Exemption vas c1sfr,sS tsr - - -
lower az - $50 .Sn ~ss an exercise Of the police
morals ~ .it te rt ~ conserving the health and
= tae Sc e.1e.-s -s ana, therefore as a part