Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-15

patton in all the cases which had arisen
during his iuCumbeucy ~ the attorney gen
erals office and upon which he In one way
or another had taken any action In all
such cases Mr. Moody's presence on the
bench would prevent "a hearing by n full
court and bring about a condition similar
to that which enabled the railroad lawyers
to secure postponement Of the Nebraska
tax cases last month.
Among the important cases cited by the
correspondent Is the suit between Kansas
and Colorado as to the right to use the
waters Of the Colorado river for irrigation
purposes. in which the government was an
interviewer because the action concerned
the basic principle governing its eSpendi-
lures of some 100000 for irrigation prof.
ects in the arid regions of the west. On
account of the intervention of the Depart
ment of Justice MI Moody would, Of
course. be excluded from sitting in that
case. and as far as its postponement is
concerned it might as we'll be put over
until Mr.. Moody is eligible for retirement
from the bench-some seventeen years
hence-provided he is appointed to the va
cancv.
The case involves some very nice ques-
tions never before raised as TO the rights
OF states TO use the waters of rivers within
| their boundaries. but which flow into other
/ states. The governments whole scheme OF
: irrigation depends upon the outcome OF this
case, for If the claims of Colorado prevail
/ the government will have no right TO ap-
/ propriate the water.
Under the peculiar circumstances of the
cnse the inability Of Mr.. Moody to sit in
| case which came before him as attorney
1 general might and probably would cost the
! people some 100000.
/ Congress in 1902 repealed the legacy tax
! OF the war revenue bill and the lower
/ cortrta in a case decided that under the
language used the repeal went back year
during which the government collected
the amount named. This judgment was
/ recently affirmed by the supreme court
nv a bench divided TO 1, and it was the
I intention of the government officials TO ask
/ for a rehcaring of the case as soon as the
vacancy caused by the retirement of Justice
Brown should be filled. As Mr.. Moody
could not with propriety hear the petition
| for the rchearing of a case in which he had
participated i'm an eX parte way, 1t would
/ of course not be granted. and the judgment
of the court holding the collection OF the
/ tax TO be illegal would consequently stand
/ cornneuiug the refunding of S.Np"O col
lected.
Another conspicuous case involving the
psyn,ont Of 100000 or more in Whlch
Mr.. Moody could take no part involves the
/ claims OF the Cramp Shipbullding company
growing out of the construction OF war
ships. while the suit Of the Sugar trust TO
test the validity of the polarization tests
used by the Treasury department in de-
termining the duty on raw sugar Involves
anywhere from 100000 to Sl5,OOo,O0N. Other
imrortant cases before the court in Which
customs duties to considerable amounts
are concerned are those TO determine the
ownership Of the Isle OF Pines the col
lection of duties on goods from Cuba during
tho American occupation and from the
Hawaiian islands during the period between
annexation and Incorporation as TERRI
tory. which by reason of the nearly equt'
division in the cases resulting IN the ueCl-
sion that the constitution did not follow
the flag. may in the absence OF the nihlh
Justice cause the court considerable ehua'-
rassment and even upset the present poI'cy
~ the government in the matter OF us re-
lations with its colonies.
,rr,o, tbare are the suit brought by the
stotc Of Kansas 10 recover from the gov
eminent more than half million acres u
Land which the state had granted 10 llo
Missouri, Kansas & Texas railway the
-,,,, Gov the recovery of $4,000 from the
bondsmen OF John +. Gaynor who tor-
cited his bail and fed to Canada TO escape
tri,1 at savannah for defrauding the gov
l.a,.nn,ent in river and haTbor contracts
s,d the case against Sheriff Shipp OF Chat
It,Dooga his deputies and eighteen citizens
~ mat city for contempt Of court in con-
|nection with the lynching last March OF the
negro johnson. in which MT. Moody y"
attorney general instituted the original pro-
ceednEs
More serious. however, would be the
erect on criminal cases now pending before
the court or vet to be brought. particularly
those under preparation by Ar. Moody
AGAINST the Standard Oil company ana
Tho many indictments for Relating already
found against railroads all at which VIII
,,,doubtedly reach the supreme court
and In which Mr.. Moody will be Ineligible
IN sit nv reason OF his connection with
tbeD, one Of these rebate cases will come
an for herring about the beginning Of the
nov, ,.car-that Of the Chicago Great West
nrn railway, In which the Judgment Of
Judge Humphrey was so severely criticised
by. president Roosevelt Then, too, there
are the fertilizer trust cases, in which the
government seeks TO dissolve that cor
noration under the Sherman antitrust
law. These are to be heard soon. as are
the appeals Of Representative Williamson
Of oregon and many others convicted Of or
under indictment for land frauds in that
state.
Another peculiar situation will arise
when the court reports what is known as
, the soap rate case, which concerns a viola
ton OF the interstate commerce law. The
court at the last term on a case involving
precisely the same question as 90 the ties
on hay was equally divided because one OF
the justices excused himself from sitting
: because he owned some stock in one OF the
twenty-nine roads INDIRECTLY affected by
the decision.
! When Justice McHeuna was appointed 10
/ the bench from the Department Of Justice
he carefully refralned from sitting In any
Of the cases which came before him as
attorney general. but none of them was ot
70 such mOmentous import as any OF those
in which Mt Moody is interested. which
would come before the court during his