The Washington herald., 1906-11-20
REVIVE TAYLOR CASE
Attorneys Argue Motion for
Dismissal Of Suit.
SUPREME COURT HEARINGS
Government Seeks TO Advance Trial
of Former Appraiser Charles c.
DrOwne-COmprOmis Reached Be
tween Federal OmciaIs and the
State of Michigan-Echo of Merger.

Solicitor General Hoyt, OF the Depart
ment Of Justice. yesterday made a motion
in the Supreme Court Of the United
States TO dismiss the case Of Rebecca J.
Taylor, formerly a clerk IN the War De
parment, seeking to compel the Secretary
OF War to reinstate her. Attorney Noble
E Dawson fled brief IN opposition
letter, which Miss Taylor published in a
/ local newspaper, making reflections on
President Roosevelt, led 10 her dismissal
without hearing
Mr. Hoyt stated in a brief, in support of
his motion, that the authority Of the
/ President. or his proper subordinates, to
dismiss her is not questioned, but that
Miss Taylor claims the authority was not
exercised in the proper way. inasmuch as
/ certain civil service rules were not com
| piled with. IN answer to this Mr.. Hoyt
/ quoted authority 20 show that the case
could not be brought before the court
from the court Of the District Of Colum-
bia unless the validity and not the
| Construction only" OF the authority was
| drawn I'm question.
/ In his brief in opposition Mr. Dawson
! says the Secretary OF War may exercise
/ limited discretion upon matters pertaining
/ 10 departmental regulation. but that he
cannot sit in final judgment upon point
/ Of law, without invading the domain Of
/ the judiciary. He refers TO a party inter
/ ested IN the case as the world foremost
! spelling reformer." He SAYS he considers
/ il his duty % inform the court that "a
| compilation OF frozen facts from pub
/ lished official documents makes the news
/ paper publication seem. by comparison.
tame and colovless."
seeks 90 Advance Browne Case.
| The government asked the court 10 ad-
vance for hearing the case Of Charles c.
Browne formerly an appraiser in the New
I York custOm-bouse. convicted two years
ago Of conspiracy 70 defraud the govern
ment by undertaking japanese silks con
signed to A. s. Rosenthal & Co, New
York importers. Before he could be taken
TO Sing Sing TO serve his two years sen
tence Browne fed to Canada. There be-
ing no provision in the extradition treaty
covering such q crime, he was brought
back under an indictment Of entering the
silks az unlawful rates Of duty. He was
released on a writ OF habeas corpus. the
lower court holding that he could not be
held under any charge except that for
which he was extradited. The govern
ment thereUp0n appealed The court took
the motion under advisement
On motion Of Solicitor General Hoyt
dismissal was ordered Of the suit IN equi-
~ brought by the government 20 quit its
title IN the Saut Ste Marie Canal by dis
posing Of the claim Of the state OF Michi-
gan 10 certain funds in dispute when the
waterway was turned over 10 Federal
-T-s "a.
and a compromise was arranged out OF
court
Without deciding the question whether
the First National Bank Of Jersey City
was entitled 10 hold the deposit OF tho
Philip Slemmer Glass Company as a set
off against promissory notes indoTsed by
the company but not due for year. the
court dismissed the appeal OF Martin Con-
boy, trustee for the bankrupt corporation
because the appeal was not fled within
the statutory time
Echo of Merger.
An echo OF the acquisition Of the West
ern Railroad Of Alabama by the Louis
willie and Nashville system, appeared wheI
Attorney General Hart. Of Georgia, asked
the court 10 advance out Of turn the ap
] pcals Of the Central Of Georgia Railway
] Banking Company from the judgment o.
; the Supreme Court Of that State tha
the 60 900 shares OF the Western cOmpan,
held by those companies as trustees wer'
; subject TO taxation In Georgia. although
7 the shares were those OF q foreign cor
j noration which paid taxes In its Owl
state.
b The attempt Of Carl S. Reynolds. o.
d Lyme. 10 test the validity OF the Con
necticut salute, which in effect, prohibiu
the sale q articles from wagon Of tenn
porary stand within one mile OF the plac
where a fair was being held, was unsuc
cessful, the court dismissing the case be
. cause Il was not a final judgment
The court affirmed a judgment OF $3.50
against Charles W. Clark, son of Senate
William c. Clark, Of Montana, on
promisoTy given to P. o. Wells.
: The Supreme Court, after handinl
] down the various opinions. took its usua
fall recess Of two weeks for the con
sideratlon Of cases so far heard and Wi
meet again on Monday, December