Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-02

part Of the city. The suit was based on
claim that the water company's rights
were being violated. the company claiming
the exclusive privilege of supplying water
made In iSss Hence the claim was set
ton Of the clause in the constitution pro-
hfbiting the taking of property without the
due process Of law and protecting con-
tracts.
The circuit court dismissed the bill and
that decision was affirmed.
Security Company Held.
The court today reversed the verdict Of
the superior court Of Kings county. WASH
tngton. in the case OF N. d. Hill & Sons
agt. the American Surety Company OF New
York. This was claim for $141 on con-
tract given by the New Jersey Foundry
and Machine Company to paint q number on
observation towers erected by that COM
pany for the government at Fort f9agier,
Wash The surety company was brougna
into the case by reason of its being on the
bond Of the contracting company. The
King county court dismissed the case On
q demurrer:
The case involved the question of liabil-
ity for supplies to subcontractors ana the
court held that the law of 1884. under
which the action was brought, covers such
supplies.
Military Amenable to Civil Authority.
Chief Justice Fuller today delivered the
opinion OF the court in the cases Of Drury
and Dowd agt. Edward Lewis. warden OF
the jail Of Allegheny county. Pittsburg,
Pa, contrary to the contentious OF DoWd
and Drury. This case involved the inter-
esting question Of the amenability to the
the army of the United States for acts
against the persons Of private citizens conn.,
mitted by them in time Of peace.
Drury is a lieutenant and Dowd private
l., I, ~ Tyv1lf n1 ia 40
In September, 1908. they were stationed
at the Allegheny arsenal. at Pittsburg. and
in an effort to apprehend men said to have
been engaged in stealing copper from one
killed one Of them, a man named crowley.
The shot was fired after Crowley had left
poMa grsa a aaa II fom
Drury. The two men were indacted ror
murder by the state district court OF Ale
gheny county, but before the case could pc
States circuit court for a writ OF habeas
corpus. That court refused to grant the
writ and remanded the case to the state
courts, and the accused appealed from thal
ruling, but without success.
The Missouri Chicago Sewage Dispute.
The hearing in the case of the state of
Missouri against the state of Illinois, In
volving the right Of the city of Chicago to
divert Its sewage into the Mississippi river
through the Chicago drainage canal and the
Illinois river. was begun TODAY IN the su-
preme Court Of the United States, and in
response to the earnest plea of counsel on
both sides the court doubled the time FOR
the presentation of the case, making 1t
eight hours instead of four.
In presenting the request for additional
time, Attorney Hamilton stated that the
record in the case covers 1000 pages, and he
said that as the testimony deals largely
with scientific facts. time would really be
saved by affording greater opportunity to
counsel for presentation. Each side asked
for six hours time.
The argument was begun by Attorney
Sam B. Jeffries for Missouri and he will
be followed In the order mentioned by
James b. Todd, representing the sanitary
district of Chicago; II. J. Hamlin, repre-
senting the state of Illinois, and Herbert
C. Hadley, representing Missouri.