The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-19
TESTING RATE LAW
L. & N. Pass Case Is Brought
Before Supreme Court.
QUESTIONS VALIDITY OF ACT
Important Case Affecting Rights Of
Uaited States Soldiers In Philip
pines, and ReOPenins, i'm a Way, the
Philippine question Now Being
Argued Before Highest Tribunal.

The arst attempt to test the validity Of
the Hepburn-Tiliman railroad-rate law
came up IN the Supreme Court yesterday,
when Attorney General Bonaparte, on be-
half of counsel. asked the court to ad-
vance for early hearing the appeal OF the
Louisville and Nashville Railroad Com
pany from the judgment of the Federal
Court IN Kentucky In favor OF Erasmus
l. Motley and his wife.
The Mottleys acre injured in a collision
on the company's road at Randolph sta
ton, Ky, In 1871. and In lieu OF money
settlement the company agreed to give
them free transportation over the road
and all branches for the balance OF their
lives.
/ Annual passes were issued them up TO
last January. when the anti-pass prohibit
/ ton of the act went into effect. and the
company declined because Of the penalty
| prescribed by the act The Mottieys
/ brought suit to compel the Issuance Of
the passes under the contract with the
company alleging the railroad-rate law
is void because it impairs the obligation
OF the contract and deprives them Of
property without due process Of law.
Judge Evans ordered the road TO issue
passes, holding that they were not free
passes" prohibited by the act, because
they were for valuable consideration.
The railroad company appealed from that
decision. The court took the motion IN
der adylsement. -
OF Interest 10 the Army.
A case Of great interest to the army
and, in a way, reopenlng the Philippines
question, was heard by the Supreme
Court. Unless reversed the decision OF
the Philippine Supreme Court from which
the present appeal Is taken. win place the
soldier in the analogous position, it is
claimed, of being liable to punishment hy
/ court-martial If he does not do his duty
and Of Imprisonment II he does. 1t also
concerns the hitherto conceded right of q
soldier to the protection OF the Gag wher-
ever he may be-
The case arose over the action OF
Homer Grafton. a private in Company
G. Twelfth Infantry. while on sentry
duty at Buenavista Landing, Guin
ares in shouting Felix Villan0va anC
rush him one night Castro carried q
ten-inch bolo, and Grafton, after calling
on the two men TO halt, shot him in self
defense as he was running toward him
Villanova then attempted TO escape. bu
the sentry put IN another cartridge ans
also shot him dead. The military au
thorities offered Grafton for trial b.
the civil authorities. and when that wa
declined tried the private by court-mar
tial, resulting in his acquittal on III
ground that the shooting was jusufe'
In the line Of duty.
,Afterward. however. Grafton wa
found guilty OF assassination and sen
fenced to twelve years imprisonment
Notwithstanding his plea that he hal
in effect been placed twice in jeopardl
for the same offense. in violation OF tn
Federal Constitution. The sentence wa
affirmed by the Philippines Suprem'
Court, and an appeal taken to the Su
preme Court OF the United States.
Court Has No Right TO Interfere.
The Supreme Court reversed the judg
ment of the Federal Circuit Court fl
Washington which ordered released OF
writ of habeas corpus Thomas Brown.
youth acquitted on the ground Of IN
sanity Of the charge OF numbering hi
father al Chehallis In 1904, but confines
in Jail for an indefinite period as
menace to the peace OF the community
The Supreme Court reversed the aetio
of the Federal judge who had orders
the hoy released. on the grounds tina
the Circuit Courts OF the United State
, did not have power to interfere with III
administration Of justice in the State
except under certain great emergencie,
and this was not one.
The court advanced and set for argu
ment on April % the appeal of Mrs
S Maggie Myers from the sentence of deaf
imposed by the Missouri courts on he
D and her paramOur Frank Hoffman, 10
Z numbering her husband at Kansas Cit
in 1901.
The court affirmed the judgment Of tn
Oklahoma Supreme Court in holding tina
a bonding company Is relieved from iia
biHty on a bond for bank Official wher
r. the statement made by It's officials /
e connection with the bond are found I
3 be false.