Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-05-27
SEEK TO RECOVER DUTIES
Action of Interstate Commerce Com
mission Sustained.
ADVANCE IN RATES FORBIDDEN
West Virginia's Demurrer Overruled
Solicitor General Hoyt Wants Kan
sas-Colorado Case Reheard.

United States. decided today by the Supreme
Court Of the United States favorably to the
government the court was again called upon
to deal with the effect OF the executive or
der of President Mckinley Of July II. 1898,
providing for the collection Of duties on
imports into the Philippine Islands las
military contribution" Heinszen and his
partner were subjects Of the Emperor of
Germany. and were at the time the order
went into effect and afterward engaged in
business In Manila. During the years 1899,
1900 and 1901 they imported merchandise
from the United States into the islands
which they paid s16.S27 duty, and suit was
brought in the United States Court of
Claims to recover the money on the ground
that after the signing Of the treaty Of peace
with Spain the Philippines were not for
eign country. and that consequently ma i'm
posts could be imposed on goods shipped
from the United States proper to the is
lands.
The opinion was by Justice White, and re-
versed the decision Of the Court of Claims.
which decision was in support Of the con-
tentiOn Of the claimants. The decision
was departure from previous rulings by
the court on the question. and this depart
ure was due to the fact that the court Sus-
tained the act of Congress Of 1906 relieving
a previous law of the antiquities which
were found to characterize an earlier stat
ute. Justices Brewer and Peckham dis
sented.
Interstate Commission Upheld.
A decision favorable to the interstate
commerce commission was rendered by the
court in the case Of the Southern Railway
Company vs.. H. H. Tiff & Co.. Georgia
lumber firm, involving the right Of the
commission to prohibit the railroads from
advancing freight rates on pine lumber
from the south to Ohio river points.
The opinion was handed down by Justice
Mckenna. The suit was the result of an
order by the commission commanding the
railroad company to desist from collecting
an advance of cents per hundred on lum-
Der shipped from the southern states to
Ohio river points. because the new rate
was unreasonable and unjust" The com
pany appealed from this ruling to the
United States circuit court for the southern
district of Georgia, but both that court and
circuit sustained the commissions order
and the trial court entered decree en-
Joining the road against the enforcement
of the advanced rate.
The decision rendered today affirms all of
the previous rulings. The case has attract
ed much attention. 1t was Snly a test suit
as the advance In rates was made by all
the southern roads, and one of the charges
was that the roads had acted in concert to
raise prices contrary to the antitrust law
1t was shown that some of the roads had
uot ICOIIlpldlHeQ OF the OlQ TSNe unre-
munsrative. but had explained the advance
as in pursuance of a desire to share in
the phenomenal prosperity Of the coun-
try
New York Court Sustained.
Justice Moody today delivered the opinion
of the court affirming the decision of the
New York state supreme court In the case
OF Sauer VS.. the city Of New York, which
was an action brought by Sauer who owns
property at the corner of 9Th avenue and
155th street, New York. to enjoin the city
from using the 155th street viaduct: to COM
pei the removal of the viaduct and to re-
cover damages caused by its presence. The
New York supreme court held that there
had been no impairment Of contract as
Sauer claimed. He contended that he was
entitled to damages for his deprivation Of
light, air and access to his property, as
was held in the elevated railroad cases.
But Justice Moodys opinion took the
ground that the principle there announced
does not apply in case in which the i'm
provement Is by the municipality. JUS
tice Mckenna delivered dissenting opinion.
West Virginia overruled.
The court overruled the demurrer of the
state of West Virginia in the original
proceedings against that state by the state
Of Virginia, in which the latter state seeks
to compel the former to assume a portion
Of the Indebtedness contracted by Virginia
before the creation Of West Virginia. The
order was announced by Chief Justice
Fuller, who said that there could be no
doubt Of the Jurisdiction Of the Supreme
Court in the case.
The Kansas-Colorado Case.
On behalf of the state Of Kansas So
licitor General Hoyt today entered a mo-
ton for leave to file a petition for a re-
hearing in the Kansas-Colorado case, which
was decided by the court two weeks ago In
the interest Of Colorado.
Water Rates Involved.
The case Of the city Of Vicksburg. Miss.
agt. the Water Works Company Of that
city. an effort on the part Of the company
to prevent the city from enforcing certain
ordinances looking to the reduction of
water rataes. was decided favorably to the
company. The case arose in connection
with the companys efforts to annul its
thirty-year contract made with the city in
1885. with a view to constructing water
works of its own.
naJrnonf