Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-28
In Regard to the Lynching of E. T.
johnson.
THE PHILIPPINE TARIFF CASES
Executive. Order OF 1893 Sustained
A Railroad Case Decided In
Favor of the State.

SfHAAoA as u inSmDoT OF tnat tribunal and
~hen the court adjourned for the sum-
ner recess Mr. Browns active connection
with the body ceased. He will go on the
retired list. drawing salary as long as he
lives. and his place will be filled next Oc-
tober by the appointment of some one
else.
Mr.. Justice Brown was appointed to tho
Supreme bench in $780, to succeed Mr.
Justice Miller. He was appointed from
Michigan, In which state he had made his
nome since 1850 Mr.. Justice Brown will
return to Michigan. close up some private
anairs, and will then take an extended
trip abroad
The Supreme Court took cognizance of
the iynching of the negro Ed johnson at
chattanooga some weeks ago. while an or
DER was pending allowing him an appeal to
the Supreme Court for a writ of habeas
corpus 1t viii be recalled that after
the supreme Court allowed the appeal q
mob took the prisoner from the custody of
the sheriff and killed him.
In the court today Attorney General
Moody called the attention of the court to
the facts in the case He said he did not
care to make reference to the murder of
the prisoner. as that would probably be at
tended to by the state court or the federal
court. He did, however, feel it necessary
to notify the court OF the contempt of its
order. for which the mob and others were
responsible.
ne <AttoI Hey G0neral presented the names
or twenty-six people alleged to be partici-
pants In the 1ynching Of the negro and in
contempt Of court
Chief Justice Fuller directed that rule
pc issued against those persons recurring
them to show cause why they should not be
punished for contempt The rule Is return
able on the first Monday In October
Philippine Tariff Cases.
The Supreme Court of the United States
today reiterated it's decision of last term in
the Philippine tariff cases of Warner
Barnes & Co. and Frederick w. Lincoln
involving the validity of tariff collections
In the Philippine Islands under the execu
tive order of 1898. The opinion was deliv-
ered by Chief Justice Fuller. About 81 600
OD Is involved.
Refused Jurisdiction.
the case Of Reuben Hodges and others
ast' the United States was decided by the
court today, which refused to take turis-
oictlon IN the matter. The decision was an
nounced by Justice Brewer, but owing to
the fact that the dissenting opinion in the
case was not ready for fling the controlling
opinion also was withheld
Hodges and a number of associates mare
tried in the United States district court for
the eastern district of Arkansas on the
charge OF fnttmidating a number of negro
is VINO had contracted to work for
numbering firm in Poinsett, Po!nsett coun-
", IN that state, to the end of compelling
them to give up the undertaking. The pro-
ceedlng was instituted upon the theory
that the men were being persecuted ha-
cause of their color and was under sections
dy7I and 1878 and sos of the Revised
Statutes. "
Inc defendants were found guilty and
sentenced to Imprisonment for a wear.
They attacked the laws as unconstitutional
and also urged the want of Jurisdiction on
the part OF the federal courts. The court
q hot he
as were charged Is not committed to Com
gress by the thirteenth amendment pro-
hibit1ng slavery and involuntary seryitude
but must be sought in the tribunals of the
state justices Harlan and Day dissented.
Favorable to the State.
The case Of the New York Central Rail-
road Company against N. L. Miller, con-
troller of the state Of New York, involving
the New York state law imposing fran
chise tax on railroad property in that state,
was decided by the court today favorabIy
to the state, the opinion being delivered by
Justice Holmes The case covered the taxes
for the years 1900. 1901, 1902 1903 and 1904,
and the amount involved was $3.50, 3T5. The
law was enacted In 1885, and provides for
a tax on the franchises Of railroads on the
capital stock at the rate of one and one-half
mills on the dollar; in proportion to the
equipment employed in the state Of New
York. The tax authorities of the state lev
leu Lie IDA vi dii the TOlllDg STOCK OF the
company on the theory that none of 1t Is
continuously employed outside that state.
The railroad people. on the other hand
commended that on an average not to exceed
tWo-tfirds of the rolling stock is engaged
within the borders of the state The law
was attacked as repugnant to the Constitu-
ton in that 1t violates the commerce clause.
that 1t is an impairment of contracts:
that 1t deprives of private property without
due process OF law. and that it Is denial of
the equal protection of the law The deei-
sion turned upon the question of the perma-
nent situs Of the cars, and this court held
that to be In New York. regardless of their
absence much of the time.
In Favor of the Railroad Company.
The court today decided the case of the
North Carolina railroad commission agt.
the Southern Railway Company In favor
of the railroad company The case in
volved the right Of state to compel a
railroad company to place its cars on
tracks designated by the state authorities
Tor the benefit of individual shippers n
was instituted by the corporation corr
mission against the railroad company be-
cause of the refusal of the latter to obey
an order directing that coal cars be Mac
N. c. 'eo'o'
The company expressed It's willingness 10
place the cars on other switches but plead
ed fnahihty to comply with the demand as
to the particular switch. The railroad com
pany attacked the law as unconstitutional,
on the ground that it involves an Interior
ence with interstate commerce, and the cir
cult cour- sustained this position That de-
cision was affirmed by today's opinion
which was delivered by Justice white. In
his opinion Justice White said that state
railroad commissioners have authority to
reasonably regulate the delivery of freight
within the state, but not to the extent of
imposing burden on commerce between
the states, as was the case in this in
stance.
Lower Court Partially Upheld.
In the court today an opinion was de-
Hvered by Justice Brown in the case of
j. w. Mcdonald, receiver of the bankrupt
First National Bank of Orleans, Neb., agt.
the executors OF the viii of the late Charles |
Dewey Dewey was a stakeholder in |
the bank prior to Its failure Ia 1897. and |
It was charged that after he became |
aware that the bank was insolvent he |
made fraudulent disposal to an insoivent |
assignee Of 1O5 shares Of stock held by him |
In order to avoid an assessment OF 808 per