Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-01-06
WON BY DARLINGTON
Case Appealed From Philip
pine Supreme Court.
HAD az YEARS SENTENCE
Decision Involving Big Claim Of
Adelbert College
RULING FAvoRs WILLIAMSON
Had Been Convicted of Unlawfully
Cutting Government Timber.
Chin Vows Case.
HAD az YEARS SENTENCE
RULING FAvoRs WILLIAMSON

The Supreme Court of the United states
today reversed the decision OF the SUI
preme court of the Philippine Islands in
the case of Maj. Frank De l.. Darlington
of the 1st Infantry and commander OF the
Battalion of the Philippine Scouts. Car
rinSton was charged with classifying his
account as purchasing agent for the LOU
isiana purchase exposition and was SEN
fenced to Imprisonment for fourteen years
each on three counts. He attacked the
regularity of the proceedings OF the Phli-
ippine courts, and specially urged he was
not an officer of the Philippine govern
ment, and that his position as an orncer
of the United States Army relieved him
from responsibility to the civil authors
ties of the islands. The amount involved
in the charge was small and Carrington's
counsel urged the excessive nature OF the
penalty.
The opinion was by Justice Holmes and
held that as Darlington was not an ON
ciaI of the civil government he was not
RESPONSIBLE to the civil authorities.
That it is not essential that an ofhcer
of the navy serving on the personal stan
of q. rear admiral should be spe Sn AIM,
DESIGNATED as an aide to make MN
such and thus entitle him to draw the
extra pay allowed by law to such AIDES,
was held by the court today in the case
of Flag Lieut.. Wllllam C Miiiei, io ioAN
claim to such extra pay because OF seV,
ice rendered on the staff of Rear Admiral
Kautz In 1899. The Court OF CLAIMS maoe
the extra allowance on the ground that
the fact that Miller, as member OF the
admiraFs staff, was assisting him IN the
performance of his duty, made him an
aide to the admiral, and todays opinion,
which was by Justice Day. affirmed that
ruling. The amount involved was only
about 5000. but the decision is important
as a precedent.
Against Adelbert College.
Justice Moody today announced the opin-
ion of the court in favor Of the company
in the case of the Adelbert College of the
Western Reserve University, Ohio. against
the Wabash Railroad Company involving
a claim by the college and others to
s2a3500 worth of bonds of the old Toledo
and Wabash Railroad Company. whose
line Is a part of the present Wabash sys-
tenn. The case came to this court from
the Ohio supreme court. where the amount
due on the bonds for principal and inter-
est was declared to be lien upon the
road. and where. in default of payment,
the road was ordered to be sold. That
decision was reversed by Justice MOODY
opinion on the ground that as the road
was at the time in the hands of receive:
appointed by the United States circuit
court. exclusive jurisdiction over its bust
ness is vested in that court.
Vows Testimony to Be Taken.
The habeas corpus case of Chin Vow
against the United States, involving
the deportation of Vow, who is a son
of Chinese parents and who claims to
be a native citizen of this country, was
decided by the court today in his favor.
The case originated in California. Vow
based his appeal on the ground that
his testimony before the trial court
was not heard, and the supreme Court
held that he was entitled to a hearing.
The opinion was by Justice Holmes. and
ordered a reversal of the order of the
United States district court for the
northern district of California in order
Nto permit the taking of testimony The
Axteht of ordering the mans release
SNsh custody.
Right to Waters Of Milk River.
= Adhesion was rendered by the court
Today in the case of the United States
vs.. Henry Winters and others, involving
the right to the waters of Milk river in
northern Montana, in favor of the United
stars. The suit was instituted by the
government in the interest of the Indians
on the Fort Belknap reservation. for the
use of whom the water was appropriated
IN 1850 Subsequent to that time Winters
and reconstructed ditch, whose
headgate was above the reservation on
Milk river, and through which all the
water of the stream was appropriated.
The government sought to secure an in
tBnction. which was granted by the cir
lit court of the United States for Mon
Ina, whose decision was affirmed by
the circuit court of appeals. The ditch
1Hpeys then brought the case to the Su-
pf>e court: which, in its decision to-
DAY. affirmed the findings of the lower
courts. The courts opinion was an
nounced by Justice Mckenna.
The claim of the Anheuser-Busch Brew
ing Association of st. Louis for S27. 600
on account of the drawback authorized
by the tariff law on imported cork to be
again exported was decided by the court
today adversely to the company. when
made the claim on account OF cork USED
The court of claims. while expressing
doubt as to the exact Justice of It's de-
cision refused to allow the claim and Its
decision was affirmed by today's action.
The opinion was by Justice Mckenna.
In Favor Of Williamson.
The case of former Representative J. N.
williamson of Oregon. charged with I'M
lawfully cutting timber on the public
lands in Crook county. Oregon, in con-
spiracy with 100 others. was decided by
the court today in favor of Williamson.
The United States circuit court for Ore
eor imposed a fine of 500 and sentenced
Williamson to prison for ten months. but
the Supreme Court reversed that decf-
sion The reversal of the decision of the
lower court was based on the ground of
frregularity in admitting affidavits. JUS
tice White announced the courts opinion.
A New York Tax Question.
That the proceeds of the sale of original
packages of imported goods can be taxed
under the laws of a state was decided
today by the court in the case of Edward
and John Burke. Limited of Dublin. Ire
land, against the tax commissioners of
New York city. The Rurkes manufacture