Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-02
THE RIGHTS OF CLERKS
Supreme Courts Decision in
WiCkerSham'S Case.
DAMAGES FOR SUSPENSION
Michigan Tax Cases Decided Against
the Railroads.
LEGISLATURES ACT SUSTAINED
Damages Due to "Perils'' of the Sea
Barred-secretary Hitchcock's
Action Upheld.
LEGISLATURES ACT SUSTAINED

In the case Of the United States against
Wickersham, the Supreme Court of the
United States today decided that person
employed in the civil service may recover
damages on account of suspension from
| office by subordinate official, affirming
the decision of the Court of Claims
Wtckersham was a clerk in the Office of
the surveyor general of the state of Idaho,
and in 1896 was discharged by the surveyor
general without receiving notice in writing
was required under the civil service
regulations. He was afterward restored on
order Of the commissioner of the general
land Office, but again dismissed in
1898. He brought suit in the Court Of
Claims for his salary for the entire time
that he was out Of office and the Court of
Claims awarded it for six months, cover
ing the period of suspension
Michigan Railway Tax Gases.
The Supreme Court of the United States
today decided the Michigan railroad tax
cases involving the taxes of all the rail-
roads in that state for several years past
against the railroads. The opinion was by
Justice Brewer.
There were twenty seven of these cases,
all involving the validity of act No. 173 of
the Michigan legislature of 1901, passed
the state constitution adopted in 1900. This
law changed the method of taxing railroad
and kindred corporations from the old sys-
tenn of exacting the payment of a certain
per cent of their gross earnings to an ad
Valorem system, providing for the fixing
OF the tax value of the railroads ON the
average value at which other property in
the state Is assessed. The taxes levied
against the various railroads of the state
for 1902. the first year after the new law
went into effect, aggregated $44S98, as
against s263, ,448, the amount which would
nave been called for under the old system.
The railroad companies rendered the lat
ter sum and resisted the payment of the
difference, amounting to $4S1 .401. Each
year since the companies have refused to
pay the difference, so that the suits in
volved an accumulation of about $500, 900
in taxes as well as the establishment OF
| a tax system for the state permanently
fixing their annual payments at about
three times much as they have been
in the past. The railroad companies con-
tended that In arriving at a conclusion as
to the valuation of their property the state
board of assessors undervalued other prop
erty in the state and thus Disseminated
against the railroads. Hence they claimed
that the action was In contraVenton OF
. the fourteenth amendment to the national
Constitution.
The circuit court dismissed the bill Of
the railroad companies, thus sustaining
the action of the state tax authorities ana
uphoding the law under which it was taken
and Its decision was affirmed.
Due to s1Perils of the Sea-"
In an opinion by Justice Day the Su-
preme Court of the United States today
affirmed the decision of the circuit court
OF appeals for the third circuit in the case
of the McCahan Sugar Refining Company
OF Philadelphia vs. the steamer Wildcroft.
This was q suit for damages for $4,000
supposed TO have been sustained by cargo
of sugar shipped by the refining company
from Cuba In 1901 1t was claimed on the
one side that the damage was the result
of the unseaworthness of the vessel and
on the other that II was due to the "perils
of the sea-" which are excepted under the
Harter act The court of appeals sustained
the latter contention and Its decision was
upheld.
Secretary Hitchcock Sustained.
The case of the state OF Wisconsin VS..
Secretary Hitchcock, Involving the claim
Of the national government to dispose OF
the school sections in the La Polnte In
dian reservation In wisconsin, was today
decided by the Supreme Court OF the
United States IN favor Of the government
The opinion was by Justice Harlan and
dismisaed the application for writ Of