Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-21
MOTION FOR WRIT GRANTED
SUPREME COURT TO TAKE UP
MEAT PACKERS CASE.
Duties on American Goods Imported
to Cuba ustained-Chicago
Corporations Upheld.

The Supreme Court of the United States
today took Jurisdiction OF the meat pack
ers case, wherein the Armour. Swift
Morris and Cudahy companies were fined
Sl3VoO each for accepting preferential
rate from the Chicago, Burlington and
Quincy railroad on shipments of meat for
exports from Mississippi river points to
the Atlantic seaboard. The case involves
the application OF the Elkins act to ex-
port shipments. The motion for a writ of
certiorari WAS granted.
Duties Collected in Cuba.
In the case of Galban VS.. the United
States which was decided by the court
today favorably to the government, the
question at issue was whether duty could
be properly collected In Cuban ports on
articles shipped from the United States
by a citizen of the United States while
the island was under American control.
as IT was Immediately following the Par.s
treaty of 1889. Galban was at that time
engaged in business In Cuba. and claimed
a refund of duty paid on s51 600 worth
of merchandise on the ground that the
treaty practically converted the island
into American territory for the tipe be-
ing. The opinion was delivered by Chief
Justice Fuller
Chicago Corporations Upheld.
The cases of the county treasurer of
Cook county, Ill, against the various util-
ity corporation of Chicago involving
the tax levy for 1900. were decided
by the court today adversely to the city
The opinion Of the court was delivered
by Justice Pcclham and affirmed the de-
cision of Judge GrosScup. as handed down
in the United States circuit court for
the north district of Illinois
The companies affected are the Chicago
Union Traction Company the Edison
pany, the South Chicago City Railway
Company the Peoples Gaslight Company.
the Chicago Telephone Company and the
Chicago Consolidated Traction Company.
The suits were brought by the utility
companies In the circuit court to secure
injunction prohibiting the tax authori-
ties of Cook county from enforcing re-
assessment for taxes for 1900. which was
undertaken on an order from the state
circuit court of Sangamon county az
frmed by the state supreme court, after
the taxes had been paid on the original
assessment. The second levy was much
in excess of the first. and the cases were
taken to the federal courts on a plea of
deprivation of property without due proc
ess of law, contrary to the Constitution
Judge Grosscup granted the prayer of
the petitioners. holding that the original
assessment was correct because 1t was
based on the real net earnings of the COM
panies and declaring the second levy In
equitable because 1t was founded on the
stock exchange quotations of a single day.
He also intimated. In his opinion, that I'M
due influence had been brought to bear on
the board of equaliZat ton to secure the
increase made in it's assessment. The
cases involved taxes on many millions of
dollars worth of property. Justices Moody
and Holmes dissented.
Place Of Residence Involved.
The court today decided the case of
Tilt against Controller Kelsey Of New
York In favor of Tilt The case involved
the transfer tax upon the property Of the
late Albert Tilt. who at the time of his
death In 1000 was president Of the Phoe-
nix Silk Manufacturing Company at Pat
erson, n. J. 1t turned upon the question
whether Tilt was resident of New York
or OF New Jersey at the time of his death.
The Supreme Court overruled the surro-
gate court of New York In the finding
that New York was the place of legal
residence. The opinion was rendered by
Mr.. Justice Moody. Mr.. Justice Harlan
dissented.
Boycotters' Case to Be Heard.
The court today granted the motion
to have certified to 1t the entire record
in the suit growing out of the boycott
Of the United Hatters Of North Amer
lea against a firm of hatters of Dan
bury. Conn. to compel the firm to
unionize it's factories. The court Is
asked to instruct the circuit court of
appeals for the second circuit whether
the hat concern can maintain an action
to restrain the boycott under section
of the antitrust act of July 2, 1890.
The court also advanced the case. to
be heard December 2.
The court today denied the motion to
adu the nf 'Tiynnfhv
against the city Of New York, involving
tax of $780, 900 worth of property owned
by Paddell and which Is mortgaged for
s115,0OO Paddell contends that but $45,
600 of the property is subject to taxa
ton: that beyond this amount the result
would be double taxation.
Georgia Disposed to Be Lenient
The disposition on the part of the state
of Georgia to be lenient with the Ten
nessee Copper Company by allowing 1t
further time to complete it's Improvement,
was expressed to the court today by At
torney General Hart of Georgia. The
fumes from the smelling plants of the
company located at Ducktown and Isa-
bella, Tenn, were made the subject of
suit, In which the Supreme Court rem
dered an opinion in favor of the state of
Georgia last May. and allowing the state
to submit the form of decree which
should be entered against the company at
the present term of the court. The Geor-
gia legislature in July passed a resolution
re recommending that further time be given
the company to perfect its sulphuric acid
plants to destroy the fumes.
The court today declined to allow the
Kansas agt. Colorado case to be reopened
by denying a petition for rehearing sub
mitted by the state of Kansas. The case,
which was an attempt on the part OF
Kansas to prevent the state of Colorado
from using for irrigation purposes the
waters of the Arkansas river, was de-
cded by the Supreme Court last spring in
favor of Colorado.
Herbert May File Brief.
The court today granted Victor Her.
bert, the composer. the privilege Of filing
a brief in the case of the White-Smith
Music Publishing Company vs.. the Apollo
Company, involving the question whether
copyright music is protected against re-
production on record for mechanical re-
nroductiOn Mr. Herbert's application To