Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-28
CASE WILL Be REVIEWED
PETITION OF MINNESOTA'S AT
ToRNEY GENERAL GRANTED.
May Draw Definite Lines Between
State and Federal Tribunals.
Supreme Court Opinions.

Supreme Court Opinions.
The Supreme Court of the United States
today granted the petition of Edward l.
Young, attorney general of Minnesota.
for a writ bringing the contempt proceed
ings against Mr.. Young tn connection
with the enforcement of the railroad-rate
law of that state to that court for review,
and enlarged the scope of the order so as
to permit of his admission to ball He Is
now under sentence by Judge Lochren OF
the federal court on the charge of instl-
tuting proceeding In the Minnesota
state courts In the face of a prohibition
by the federal court. The motion of the
Supreme Court will bring the entire sub
feet before that tribunal. The important
question of the respective jurisdictions of
the state and federal courts IN cases In
which state railroad legislation Is In
volved. which has arisen In many states,
notably In North Carolina. will necesSar-
lily be considered in this suit. and 1t may
prove to be a test case along new lines.
The case of Spra que VS.. ntZ. involving
the ownership of the Sprague block in
Tavoma. Wash. was dismissed today
by the court. the result being In favor
of BetZ.
Mrs. Peck's Demand for Damages.
The Supreme Court of the United States
today granted the pet ton for a writ of
review bringing to that court the case of
Elizabeth Peck of Mount Auburn. Iowa,
vs.. the Chicago Tribune. The suit was
originally instituted in the United States
circuit court for the northern district of
Illinois, and was demand for 80. 900
d images alleged to have been sustained
by Mrs. Peck through the publ cation of
her picture under another name in con-
necton with a testimonial as to the value
of patent medicine. The decisions of
both the circuit court and the circuit
court of appeals for the seventh circuit
We're adverse to her. and she asks the
Supreme Court to consider the case, which
it now has consented to do.
The Arkansas Antitrust Law.
A motion to advance the case of the
Hammond Packing Company VS., the
state of Arkansas, involving the validity
of the Arkansas antitrust law, was to-
day made in the Supreme Court by
counsel for the company. The court took
the motion under Amusement
That United States courts of appeal
cannot enforce the directions of the Su-
preme Court of the United States by
writs of mandamus directed to district
cided by the court today in the case of
the First National Bank of Chicago VS..
the Chicago Title and Trust Company.
The question arose in connection with
the bankruptcy proceedings of Alexander
Rodgers and involved the disposition of
certain property over which there was
dispute. The opinion was handed down
by Justice Holmes
New Jersey Oyster Dredging.
no Of ri pt
against the state of New Jersey, involv-
ing the administration of the state law
regulating oyster dredging in that state,
was decided by the court today faYorably
to the state.
bands of Sioux Indians. involving large
claim for annuities, was today advanced
on the docket of the court and the hear
ing set for January q.
Shelters Given More Time.
The time for the entry of tie final de-
crees of the Supreme Court of the United
States in the case of the state of Georgia
VS.. the Tennessee Copper Company and
the Ducktown Sulphur Company was to-
day postponed by that court until such
time as the state may ask for 1t. The
case grew out of complaint against the
operation of the smelters of the two
companies. which are near the Georgia
line. the fumes from which It was al
legged We're injurious to vegetation, and
the court during It's last term entered an
order enjoning the smelters, but post
poned the entry of the d. cree until this
term. Todays postponement is because
of the efforts the smelters are making to
abate the alleged nuisance. The courts
action gives the companies time for i'm
provement and also conserves the states
rights.
In Favor of Florence B. Moore.
The court today dismissed the case of
the Blythe Company agt. Florence Blythe
Moore, involving a phase of the contro-
versy over the estate of the late Thomas
II. Blythe of California, who. dying in
testate, left his property in such con-
dition that 1t has been involved in
litigation ever since. Today's action,
like the previous, was in the interest
of the daughter Florence as against
other claimants.
The court today denied the petition of
John Blakeiey OF New Jersey for writ
of review In the case of Blakeley against
the Fidelity Mutual Life Insurance Com
pany, Pennsylvania corporation. which
was decided by the United States circuit
court of appeals for the third circuit adj
versely to Blakeley. The case involves
assessments against Blakeley, who was a
policy holder, In the face Of an agreement
that he should never be required to pay
more than a specified sum. The court Of
appeals upheld the company and today's
action has the practical effect of sustain
ing that verdict.