Evening star., 1907-11-05
CASSIE CHADWICk'S JEWELS
CONTROVERSY BEFORE THE
SUPREME COURT.
Constitutionality of a Massachu-
setts Statute on Street Car
Tickets Upheld.

The financial operations of the late CAS-
sic L. Chadwick are somewhat involved in
the case of the United States VS.. Larkin.
in which a motion was made in the Su-
preme Court Of the United States today
to advance or affirm the decision Of the
United States circuit court for the north
ern district of Ohio. Larkin resides in
New York and was the custodian of a
large quantity of jewelry belonging to
Mrs. Chadwick which Collecto- of Gus
toms Leach of Cleveland seized on the
ground that it had been smuggled into the
United States from Europe. The Ohio
court decided against the government on
the ground that, regardless of the circum-
stances under which the property had
been imported, Leach had no Eight to take
possession of the property outside of his
own jurisdiction. The motion made today
asked to have that decision sustained.
Collision of Steamships.
The court advanced the hearing in the
case of the Old Dominion Steamship
Company vs. T. W. Gilmore, involving
the question of liabilities growing out of
the collision of the steamships Hamilton
and Saginaw near New York city in 1908.
The case was set for February a next.
Massachusetts, Statute Upheld.
he case OF tfe Interstate SOnSOuOateO
Railway Company VS. the state of Massa-
thusetts involving the constitutional;ty
of the Massachusetts statute requiring
street railway companies to sell tickets
% school children at half rates, was de-
cided by the court In accord with the
states contentious. The opinion was
handed down by Justice Holmes and up
acid the law. The case originated in the
town Of Attleboro
The decision raised the interesting point
as to whether n charter for a corpol alton
INVOLVING a contract based upon an un-
constitutional law Is binding, and the ma
,ority of the court. in ffsct, held that
such may b. The casn. In announcing the
'ourt's decision Justice Holmes said that
he court lad reached the conclusion that
nasmuch as the law was enforced when
The charter was granted it was binding,
'egardless of the laws validity. AS for
himself however, he considered the law
to be in pursuance of .the state police
power. and was willing to sustain it on
hat ground. He also stated that Justice
HARLAN believed it necessa y that the law
~hould be constitutional.
Arkansas Court Upheld.
The court decided the case of Hardin
e Saunders against the Cottonwood Lum-
Der Company in favor of the company.
rhe case grew out of dispute over'the
county. Arkansas and involved the con-
st-uctfon of the act of the Arkansas leg |
stature of 1879 regulating tax titles on |
Inoccupied lands in that state The Ar
kansas supreme court sustained the law |
ind held in favor of the lumber company |
N the ground that it had paid taxes for
seven consecutive years. three of them |
subsequent to the passage of the statute, !
Is required, and the supreme courts de- |
cision affirmed that finding
A Dispute Over $1.75.
Originating in magistrates court dn |
Chesterfield county, South Carolina. and |
INVOLVING dispute over claim for s1.75, |
he case of the Seabeard Air Line rail-
way against Seegers Bros, found its way |
through the state circuit and supreme
courts into the Supreme Court of the
United States, and was there decided yes
erday in favor of the Seegers. The
noney was demanded by Seegers on ac-
;ount of damages done a bunch of ba-
lanas shipped from Columbia. s. c., to
The town of McBee. that state in 1903, in
tccodance with state law providing for
lamages in such cases. The company re-
used payment, and when complaint was
made IN magistrates court that official
gave judgment for the bill and also
twarded penalty of 500 for failure to
pay within forty days, as allowed under
he law. The railroad company took the
;ase in the state circuit court and there
The verdict given by the magistrate was
eversed on the ground that the statute
vas unconstitutional. The supreme court
1f the state, in turn. reversed the circuit
court and upheld the law.
justice Brewer handed down the opinion
II the Supreme Court of the United States
md that opinion affirmed the decision of
The state sup eme court. In the pleadings
he statute was attacked as violative of
he equality clause of the fourteenh
amendment, because it applies only to rail
.oaGs, but Justice Brewer held that in
lsmuch as the law provides only for the
adjustment of claims it is not in contra
vention of the Constitution
Petition of j. H. Lewis Denied.
The petition of James Hamilton Lewis
Of Chicago for writ of certiorari bring
ing to the Supreme Court of the United
States the case of Samuel Peck and others
involving the bonds of the water company
Of Alton, ILL.,. was denied by the court
In this case the federal court issued an
order for the Imprisonment of Lewis for
contempt of court. but d smissed the
order upon his compliance with its de-
mands. The action of the Supreme Court
will have the effect of making final the
order of the United States circuit court
for the northern district of Illinois.
-H
Care of Chameleons.