Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-23
THE SUPREME COURT
Giles Loses Case Against Ala
bama Registration Board.
JURlsDIcffoN LACKING
ADVERSE DECISION TO Al.
fADAMs.
Appeals of Cinnamon Against Depor-
tation Dismissed-Controversy
Over Indian Lands.
JURISDICTION LACKING
y "a 7
pEc1s1oa TO
fADAMs.

In the Supreme Court of the United
States today an opinion was handed down
by Justice Day in the case Of Jackson Giles
agt. the board Of registration of Montgom-
cry county, Ala, dsmissing the case for
want of Jurisdiction, no federal question
being involved. The; case involved the suf-
frage clause of the new constitution OF
Alabama. This provision was attacked on
discrimination against the colored race.
of which Giles is a member. The effect of
the decision is against Giles.
After setting out the contentious of the
plaintiff In detail, Justice Day said: Now
1t Is perfectly settled that unless federal
right has been set up and denied in the
state court, we have no right to review its
decision, and after very careful examtna-
ton OF this matter and a due appreciation
OF the gravity of the charge made as to
the political action of that state, we see
no ground to distinguish 1t from the uni
versal rule as applied in this court affect
ing writs of error of this kind"
Justice Harlan dissented.
Adverse to AL. Adams.
The court decided the case of Al. Adams.
the so-called policy king of New York"
against Adams, the opinion being by JUS
tice Day.
Justice Day said: 1--WE think there was
Ao uAAo WI III SCdICn VI SelZuTG COIHPclilllS
of this man to testify against himself In
the giving in evidence of what the police
ofhcer found in executing the search war
rant for the policy tickets" Justice Day
look UP the contentious set forth in the pc
tltiOn that the statute was unconstitutional
because it made these tickets, when found
III the possession of a man, prima facie
evidence against him, the claim being made
that they might be given to blind man
or an innocent man. In giving his conclu-
sions on this subject Justice Day said
we think the possession of these tickets
may well be prima facie evidence against
man in order to give him full right and OPP
portunlty to show how he came into pos
session of them, and in any event it is
within the power of the state in cases of
this character to say what shall be prima
facie evidence in its courts. We find no
error in the judgment of the court of ap-
peals OF New York. and the same is af-
firmed."
Against Chinese Laborers.
In an opinion by, Justice Holmes the court
dismissed the appeals of a number of
Chinese laborers whose deportation had
been ordered Under the Chinese exclusion
laws. The contention was made that re-
cent legislation had had the effect of repeal
Ing the law uAderi which deportation was
ordered. ThererWere seven cases before the
court. but the decision covered only four
OF them. ~
Controversy Over Indian Lands.
The court affirmed the opinion of the
Court of Claims in THE case of the Della
ware Indians agt. the Cherokee Indians,
taking the position that the Delawares were
only entitled to 100 acres of land each in
the Cherokee lands and an equal division
with CherokeeS IN residence lands and
FUNDS. The opinion was, by Justice Day.
Collector stranahan Upheld.
Justice White delivered the opinion of
the court in the case of w. J. Butterfeld
agt. Collector Stranahan of New York, in
volving the constitHtionality of the act of
Congress regulating the Importation of tea
The decision was favorable to the collector
and upheld the law.
Must Pay the Tax
The court affirmed the opinion of the
lower court in the case of Cornell agt.
Coyne, late collector of the port of Chicago.
which is known as lie filled-cheese case.
Cornell is manufacturer of filled cheese
for export only. He refused to pay the
federal tax on this product on the ground
that such tax was tax IN exports, and
there ore In violation of the Constitution
Justice Brewer, who delivered the opinion
OF the court, dlu not sustain this view hold
ing that that the Constitution intended to
prohibit the taxation of exports as such.
but not to discriminate in favor of articles
intended for export in the way of ordinary
taxation as against other articles
The Chief Justice and Justice Harlan
united In dissenting opinion, which was
delivered by Justice Harlan.
A Local Case Decided.
The case sof the United States ex-rela-
tione Charles p. Steinmetz, PLAINTIFF in
error, against Frederick I. Allen, commits
sioner of patents, was reversed, with costs,
and remanded to the Court of Appeals of
the District of Columbia. This caAe was
decided in the Supreme Court and the
Court of Appeals of the District o.. the
question of jurisdiction, and it is now re-
manded in order that it may be tried on
its merits. The case Is enc in which the
patent office has decided that patent for
a process and for machine for carrying
out the process must be separate, the
plaintiff maintaining that a single patent
should be granted for the process and the
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