Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-18
SUPREME COURT ACTS
CONSIDERS POINT IN LOCAL
CASE-oTHER CAUSES.

In the Supreme Court today the solicitor
general asked the court to issue q writ
OF certiorari to review the judgment OF
the Court of Appeals in the case of the
United States agt. Charles r. Evans and
Harry ]. O'Donnell. The case involves
the construction OF the statute giving the
government a general right of appeal in
criminal cases in the District of Co.
lumbia.
The solicitor general contends that the
Court of Appeals of the District erred
in its judgment of the case when it held
that the statute did not authorize an APP
which verdict of acauittal had been
rendered. The government contends that
the manifest purpose of Congress was to
adopt procedure already in vogue in a
number of the states by which the per-
petuation OF error committed in the trial
of criminal cases is prevented and con-
flict Of decision a nisi prius is avoided.
In an opinion by Justice Day the court
decided favorably to the city of St. Louis
transit company cases involving the
right of the city of ST Louis to exact Ii
cense fees from its street railroad COM
panies.
The case of the Iron Mountain and
Southern Railway Company against Mary
Taylor. Administrative of the estate Of
her late husband, George w. Taylor. a
suit for damages because of the death
in an accident of Taylor. who was
brakeman on the road. was decided in
favor of the railroad company.
Answering a question certified to 1t by
the circuit court of appeals for the
eighth circuit In the bankrupt proceed
tngs against r. H. Williams OF Colorado
Springs. Col. the court held that United
states district court has jurisdiction to
determine the validity Of a payment for
future legal services when made on the
eve of bankruptcy and to a person who
does not reside within its jurisdiction.
In deciding the case of the Galveston
the state of Texas. involving taxes on
that and other Texas roads. the court
held to be unconstitutional the Texas
law Of 1905 fixing the tax rate on rail-
gross earnings when they lie wholly
within the state. and proportionate
sum when they lie partly within the
state.
The case of the Old Dominion Copper
Mining and Smelling Company. operating
in Arizona. agt. Frederick Lewisohn. ex-
ecutor of the estate of the late Leonard
Lewisohn Of New York. in which the
company sought to procure the return of
$1,000 shares Of its stock. the possession
of which 1t was claimed had been OBJ
tanned by Leonard Lewisohn and others
by conspiracy when the company was
organized. was decided in favor Of Lew
isohn.
The appeal of the Mobile. jackson and
Kansas City Railroad Company and the
Gulf and Chicago Railway Company from
the decision OF the supreme court of Mis-
sissippi in the proceeding of the Missis-
sippi railroad commission, instituted 60
compel the two roads. now consolidated.
to broaden and standardize the tracks of
the former and to make that road a par.
of the main line Of the Mobile and Jack
son system as was claimed was the under
standing would be done when the commits
sion gave its consent to the consolidation
was decided in favor Of the commission.
In reversing the decision OF the supreme
court Of the state Of Mississippi in the
case Of Thomas J. Faunteroy agt ]. j.
Lum, the court today considered the
point as to what faith and credit should
be given under the Constitution In one
state to the decision Of a court in an
other state when that decision recognizes
a contract which is contrary to the law
OF the first state