Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-28
RIGHTS OF cABMEN.
Interesting Case Decided by the United
States Supreme Court.

Justice Harlan has handed down the opin-
ion of the Supreme Court of the United
States In the case of Harry Donovan.
George Callahan and others versus the Penn
sylyania Railroad Company. affirming the
decision of the circuit court of appeals of
the seventh district
Donovan. Callahan ct al. represent the
cab drivers, hotel runners. etc. of Chicago.
VINO seek to secure access to the Pennsyf-
yania depot in that city.
Today's decision sustains the right of the
carriages who may enter Its premises, but
says this privilege, instead of being mo-
nopoiy, is merely the exercise of a proper
discretion for the protection of patrons.
Justice Harlan said the hackmen were with
in their rights in standing on the sidewalk
adjacent to the station.
The court sustained the ordinances of the
cities of Detroit and San Francisco granting
exclusive franchises to remove the garbage
of the two cities respectively.
In the case of the state of Georgia versus
the Tennessee Copper Company, the court
granted permission to the company to file
a demurrer and fixed the hearing for next
Monday. In this action the state complains
of the shelters of the copper company as q
nuisance and asks that 1t be restrained.
The court decided In favor of John j.
Cochran and the Fidelity and Deposit Conn
paHy of Maryland versus Mont gomery
county, Ala. and remanded it to the Ala
bama state courts. The case was a claim
for $120,GC0 In the bond of Cochran as treas
urer of Montgomery county.
The case of William NJ. Estes versus Rich
ard A. Timmons. on appeal from the SUI
preme court of the territory of Oklahoma,
was decided favoraby to Timmons. This
was contest over the ownership of q quar-
ter section of land in Potte watomie county.
Okla. formerly included in the Sac and Fox
Indian reservation. Estes contested Tim
mons ownership on the ground that he was
sooner when the reservation was opened
in 1881, but the Oklahoma court refused to
sustain this contention and was upheld by
the decision.
Justice White delivered the opinion of the
court against the Royal Insurance Company
of Liverpool in tie case against Robert Mil
Ter. special master. The case was instituted
by Miller in the interest of Antonio Amadeo
for $1,000 damages account of non pay
ment of a fire insurance policy. The COM
pany pleaded the statute of limitation. The
court held however, that it was not APP
plicable.
Justice Brewer delivered the opinion in
the case of Gustav Hafeman versus Albert
+. Gross & Bros. This suit was instituted
by Gross brothers to recover under a con-
tract one-fourth of the money received by
Hafeman in the sale of land in ST. Louis
county, MINI. The court held that the
other parties to the contract having fully
Complied with their stiDulatons, were en-
titled 10 enforce against Hafeman person.
ally, though not against the land, his prom
Use to pay one-fourth OF the proceeds of
the sale.
Justice Mckenna handed down the opin-
ion deciding against Mary McCune in the
case against n. Fred Essig and wife being
claim for an undivided half interest in a
quarter section of land in Lincoln county,
Wash, taken up in 1889 by the father OF
Mary McCune. He died before the land was
patented, and the patent was issued to his
widow. She afterward sold it to the Es-
sigs, and suit was brought on the ground
that the daughter was entitled to a half in
terest the land being community property.