The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-06-01
DECIDES IN FAVOR
OF THE OLEO LAW
Federal Supreme Court Also
DIsposes of a Few Phil.
ipplne Cases.

WASHINGTON, ID. c., May 31.-The
supreme court of the United States to-
day affirmed the decision of the fed
eral court for the southern district of
Ohio, upholding the econstitutionality
OF the oleomargarine law. The case
was brought by Leo w. Moray against
the United States to recover $50 col
lected of him as a penalty for selling a
fifty pound package of colored oleo-
margarine containing a stamp of three
quarters Of a cent a pound when it
should have paid tax of 10 cents
pound. In-~the Illinois oleomargarine
cases of Chick and BroadwelI, the
court held that the waiver Of a jury
in the trial did not invalidate the YER
dict which was against the defendants.
Opinions were handed down in three
cases involving questions pertaining to
administration Of criminal law in the
Philippines. The points raised were as
to the right of the government to take
appeal in criminal cases and Of an ac-
cused person to demand trial by jury.
Finds for the Lawyer.
The first case was that of Kepner
VS.. the United States. Kepner prac-
tlced law in Manila and was charged
first instance acquitted him, but the
supreme court of the islands convicted
MN. The case was then appealed to
the United States supreme court by
kepner on the ground that by the pro-
cess of appeal he was put twice in
jeopardy contrary to the constitution
of the United States. The opinion of
Justice Day sustained this view, re-
versing the decision of the Philippine
supreme court. Justices Holmes,
White and McKenna united in one dis
senting opinion while Justice Brown
delivered a separate dissenting opinion.
The case of Mendazona VS.. the Unit
ed States, involving the same question,
was similarly rendered in favor of
Mendazona.
Another Philippine case was that Of
Dorr and O'Brien, in which was raised
the question of the right of defend
ant in a criminal case to demand trial
by jury in the Philippines in the alb
sence Of a congressional enactment
granting such right. The court held
that the constitution does not carry the
right without legislative enactment
Dorr and O'Brien are the editors of
newspaper published in Manila and
We're prosecuted for criminal libel. The
chief justice and Justices Brewer and
Peckham united in an opinion con-
curing in this. result, but stating diff
ferent grounds.
Harlan Protests.
Justice Harlan delivered vigorous
dissenting opinion, saying that the opin
ion is contrary to the established system
of the United States and declaring the
opinion OF the court to be in effect an
amendment to the constitution of the
United States.
The court affirmed the decision Of
the United States circuit court for the
Northern district of Ohio in the CIeVe-
land, Ohio, street railway fare cases.
The opinion was delivered by Justice
White and was favorable to the rail-
way. The case grew out of an attempt
on the part Of the city council to fix
by ordinance a rate of a four cent fare
on the lines of the Cleveland Electric
Railway company prior to the expira
ton of their franchises which provided
for fare of cents.
The court granted the application
for a writ of ceFtiorari in the case of
the Chicago board of trade VS.. Christie
e Co., involving the use of the quota
tions of the board of trade by certain
brokers in Indiana and Illinois. This
action stays the operation of an in
junction against the defendants issued
Friday by the circuit court of appeals
of the Seventh circuit
The court adjourned till October.