Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-05
IN LOUISIANA FAVOR
Boundary Controversy With
Mississippi Decided.
ST. BERNARD PENINSULA
Million Acres of Oyster Beds in Dis
puted Territory.
SENATOR CLARK WINS CASE
Effort to Cancel Land Patents in Mon
tana Fails-IIlinois Law Sustained
by Supreme Court.
ENAT0R CLARK WINS CASE

The Supreme Court OF the United States
today decided the case of Louisiana agt
Mississippi. Involving the water bouu-
dairy line between the two states in favor
OF Louisiana. The opinion was handed
down by Chief Justice Fuller As the con-
troversy was between two states the case
originated IN the Supreme Court The dis
pute involved the peninsular of St Bernard
and the opinion held that the peninsula
and adjacent islands are a part of the ter
ritory Of Louisiana. In its pleading Lou
isiana claimed that the disputed territory
covers a million acres OF oyster beds.
Senator Clark Wins His Case.
United States Senator Clark OF Montana
won the case against him In which the
government sought to have cancelled pat
ents To 11,4O0 acres of public lands In
Montana, which We're alleged to have been
fraudulently secured. The opinion IN TIE
case was delivered by Justice Holmes and
upheld the decision Of tie circuit court or
appeals for the ninth circuit Justices
Harlan and Brown disseated
This was a civil proceeding instituted by
me government against Senator Clark OF
Montana TO secure the cancellation of -
patents to land issued under the timber
and stone act The charge made by the
government in its bill OF complaint was
that the patents were fraudulently secured
and II was further set forth that about
eighty of the patentees are now under IN
dictment In the Montana courts. 1t was
asserted that Senator Clark had entered
INTO contract 10 purchase the land be-
iore the patents were granted and that
ne had known or had had good reason TO
Know, that the proceeding was fraudulent
me government charged that Clark was
not bona fide purchaser but the courts
below, including the court OF appeaIs took
the contrary view, holding that the issu-
ance OF patents had the eject OF convert
ing his purchase of an equity into a pur-
chase Of title The printed record IN Tho
case covered 1000 pages
Illinois Law Sustained.
The consttutionality of the Illinois farm
drainage law was sustained by the court in
me case Of the Chicago. Burlington and
Quincy Railway Company agt the state OF
Illinois, involving the right Of the state an
thorities to compel the railroad company
to remove distractions to the drainage 81
lands under the law The opinion was de-
hvered by Justice Harlan, and the law was
upheld as in accordance with the police
power Of the state. The case originated
in petition filed in the circuit court OF
Kendall county fer a writ OF mandamus
competing the railroad company to so en-
large Its fridge over Robroy creek at the
town of Bristol in Kendall county as To
permit the discharge through that channel
OF the waste water on 2,0J0 acres Of slough
land in that district.
The proceeding was Instituted under the
state farm drainage law. The railroad
company resisted claiming the law to be
unconstitutional in that Il authorizes the
seizure Of property without due legal pro-
cess. The state supreme court sustained
the law and Endorsed the action Of the
drainage commissioner and that decision
was affirmed today
Supreme Court Notes
The court suspended for sixty days the
proceedings in the boundary case between
the states of New Jersey and Delaware in
order TO give the states an opportunity to
secure legislation which they hope VIII
have the effect OF settling the controversy.
a motion to advance the case of the Chi
cago. Burlington ana Quincy Railroad
Company against various county treasurers
of Nebraska, involving S212.laJ in taxes for
the year 1904, was entered