Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-13
v ILL BE REHEARO
Philippine Cases in the Su-
preme Court.
COLLECTION OF DUTIES
FORMER DECISION AGAINST THE
GOVERNMENT.
Ohio Anti-Gambling Statute Upheld
Right of Way Of q Local
Railway.
COLLECTION OF DUTIES

The Supreme Court of the United States
| today granted the motion OF the govern
ment for a rehearing OF the cases of War
ner Barnes G. Co. and Lincoln. both
| against the United States. involving the
| right of the government to collect tariff
duties in the Philippine Islands on goods
| shipped In from the United States subse-
| quent to the ratification OF the treaty
with Spain and prior to the enactment Of
| legislation by Congress.
The hearing was set for January ., after
other causes on the cali for that day. BY
| order of the court the argument is to be
| confined to the single question whether
Congress ratified the collection of such
| taxes. The cases were decided In the last
term 6. the court against the govern
ment
The Attorney General made a vigorous
| effort TO secure a reopening of them, in
which he was strongly supported by Sec
rotary Taft IL the final decision is against
the government about 100000 will be
required to settle the claims that VIII
arise.
Anti-Gambling Statute Upheld.
The Ohio anti-gambiing statute was up
held In an opinion handed down today by
Justice Peckham IN the case OF William
Marvin against Belle o. Trout. The case
| involved the constitutionality of section 42TS
| of the revised statutes Of Ohio. authorizing
any person who loses money at gambling to
bring suit for dts recovery. Mrs. Trout Ia
the wife of Frank II. Trout, and Marvin the
| owner of the building in F1ndlay, Ohio, In
which Frank Trout Is alleged to have lost
S50s2 OIL one occasion and 81 .7p4 on another
Mrs. Trout sued under the state law to re-
cover and was given judgment by the trial
state supreme court, and today's opinion
confirmed the decision OF both or those
courts.
Not Protected by Statute Of Limitation
That state statute of limitation cannot
be used to protect stockhoider OF
failed national bank against liability on his
| stock was today decided by the court In
an opinion delivered by Justice McKenna
| in the case of George c. Rankin, receiver
| OF the Hutchinson National Bank of Hutch
| inson. Kan, a&t. Edward E. Barton. a
| stakeholder in the bank In this instance
| an effort was made to enforce the indi-
vidual liability requirement OF the national
| banking laws In 1900. seven years after the
suspension OF the bank. Barton took the
| case into the Kansas courts. pleading the
| state statute of Limitation, which protects
| a debtor after three years. The state SUI
| preme court sustained the plea. but that
| decision was reversed by today's opinion.
Suit Over Louisiana Land.
| The court today dismissed for want of
| jurisdiction the case Of the Cochran OIL and
| Diet, Arthur Latralle, Eugene Houssiere ct
| al. The company brought suit to acquire
| title to 500 acres of land in the parish of
Arcadia, La. The oil company claimed
through a land grant made to Anthony
Cochran before Louisiana became American
territory and contended that the other par
ties to the suit were in unlawful posses
sion The state supreme court decided
the case against the contention Of the COM
pany. and the action of the Supreme Court
nf ffa Tnif I'D Gfuta hos he affa af
tanning that decision.
Local Railways Right of Way.
The court today affirmed the decision of
the Court of Appeals OF the District of CO.
lumbia, which confirms the title in the
Washington. Potomac and Chesapeake Rail-
| road Company of two and fifth miles of
the right of way in the District OF Column
ba, now occupied by the Chesapeake Beach
Railway Company. The former company
instituted an action Of etectment against
for this right OF way and It's claim was up
held In the lower courts. The Washington,
Potomac and Chesapeake Railroad Com
pany contended that this right OF way for
merry belonged TO the Southern Maryland
Railroad Company and claimed II by reason
of it's title acquired from that company
since 1884.
Tax on Refrigerator Oars.
The Supreme Court today reversed the
decision OF the Kentucky court OF appeals
in the case of the Union Refrigerator
Transit Company versus the commonwealth
Of Kentucky. holding that the cars owned
by the company and used in other states
cannot be taxed in that state. even though
IL be Kentucky corporation.
The opinion of the court was delivered by
Justice Brown.
Power Of City Authorities.
In an opinion by Justice Holmes. the
court today affirmed the decision of the su-
preme court of the state OF Florida in the
case Of the Tampa Water Works Company
versus the city of Tampa, holding that the
city authorities had authority to modfy
rates to be paid for water. Justices Brown
and Peckham united In q dissenting opin-
ion.