The Washington herald., 1908-05-19
CAR COUPLER ACT is VALID
Supreme Court Denies Appeal Based
on Common Law Requirements.
Tax OF One Mil "A Mile Imposed by
the City OF ST. Louis Is
Sustained.

An advanced construction of the ia
bility OF railroads for injuries TO en-
ployes under the so-called car-coupler
act was handed down by the Supreme
Court yesterday.
The case grew out Of the death Of
George ". Taylor, a brakeman employed
on the Iron Mountain road. who was
caught between two cars while attempt
ing to couple them. His widow brought
suit In the Arkansas courts and was ae-
corded A,21 damages. based largely on
the fact thatNone OF the cars was equip
ped with drawbars not of the standard
height prescribed by law.
On appeal TO the Supreme Court the
contention was advanced that while the
drawbars were not Of the height pre-
scrioed. yet the company by furnishing
shims, or natal wedges. to raise them.
had complied with common-law require
ment
Justice Moody. in delivering the court 5
opinion, said the court had nothing to do
but 10 ascertain and declare the measure
OF few simple words IN which the duty
was prescribed. # the railroads Used cars
which did not comply with the standard.
it violated the plain prohibition Of the
law. and there arose from that violation
the liability 10 make compensation 10 one
injured by It.
The tax OF one mill per passenger i'm
posed BY the city OF St. Louis on the
street railways Of that city was held valid
by the Supreme Court The court holds
that the ordinances under which the
franchise taxes were assessed contained
no express relinquishment by the city Of
the right to buy license taxes, and as the
city. under its charter had the power to
impose both, the license tax was, there
fore. valid.
An echo Of the loss of the French Line
steamer La Bourgogne. in 1898. when ass
passengers and I0z OF her crew persisted
through collision with a sailing ship of
Sable Island. was heard yesterday in the
Supreme Court.
The lower court held that the company
was liable for freight money received on
the voyage from Havre to New York,
In addition to that on the freight on the
outgoing trip. and for the one ffty-second
OF the subvention paid the line by the
French government for carriage Of mails.
The Circuit Court. however. eliminated
the freight money received on the inward
passage. as well as the fractional part OF
the subvention.
The Supreme Court affirmed the judg-
ment OF the Court of Appesis In this re-
gard, and in the matter OF liability for
loss Of life AS the funds in hand amount
TO but s25.0oo. the heirs OF those who lost
their lives IN the disaster viii be unable
10 recover much.
An interesting decision concerned the
extent TO which the courts Of the several
States shall give due faith and credit"
tc the judgments Of the courts of other
States. The decision was BY a bench di-
vided. 5 10 1. and the dissent OF the
minority, delivered by Justice White. was
extremely vigorous in defense OF the
rights of the States themselves as against
the enforcement Of the doctrine.
J. J. Lum bought cotton Of c. J. Searles
& Co, Of Vicksburg, Miss, depositing
$500 margin. A sharp decline wiped him
out and S507 in addition. which the
Searleses sued for.
The Mississippi law declaring such
"a -Ae-iA7oANt4tALS fNlA 4tt4 nttI tsaECltu IN the
meantime. so the suit was discontinued.
The Searleses transferred the account to
Thomas J. Fontleroy OF st. Louis. and
brought suit against Lum there, and OBJ
tanned judgment
Being unable to collect IL. they at
tached his property in Mississippi. The
courts of that State dismissed the bill
on the ground that the laws OF that
state prohibited the collection OF such a
judgment, and its courts were not. there
fore, obliged to give full faith and credit
to the judgment Of another State.
This judgment was reversed by the Su-
preme Court, the majority taking the
ground that the constitutional require
ment demanded the enforcement of the
Missouri Judgment. notwithstanding the
law Of Mississippi TO the contrary.
Judge Alton B. Parker. of counsel for
the city CT New York. asked the Supreme
Court to advance for early hearing the
appeals Of the City and Public Service
Commission from Judge Hough's de-
cision holding the S0-cent gas law 10 be
unconstitutional. Judge Parker was ad-
mitted to practice before the court for
the purpose Of making the motions The
court set the eases for argument on Oe-
tober 13.