The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-21
RIGHTS OF FEDERAL COURTS
DECISION IN THE NEBRASKA TWO
CENT FARE CASE.

Supreme Court Holds That the Federal
Court Had jurisdiction Over suit 70
Compel the Railroads 10 Put Into
Eject the states Passenger Rate Law.
WASHINGTON, April 2o.-The Supreme
Court to-day dismissed the application
made by the State Of Nebraska for a writ
Of %msndamus to compel the Federal Court
10 that State to relinquish jurisdiction over
a suit brought by the Attomey-Genera Of
Nebraska 10 enjoin the Burlington aud
other roads in that State for refusing to
put into effect the two cent passenger rate
fixed by the State Legislature.
Tho Circuit Court assumed jurisdiction
over tho case on the ground that there was a
controversy between citizens Of the different
States. In Diminishing the petition Chief
Justice Fuller. delivering the opinion Of
the court, after reviewing at length the
various decisions bearing on the question
at issue said:
The Circuit Court might clearly have
been correct in It's decision that the present.
case was one in which the State Of Nebraska
was not the real party plaintiff, but
that decision could not be reviewed by
mandamus, The Circuit Court was called
upon on this record 10 decide whether
the State Of Nebraska had any real or
legal interest in the controversy alleged
to have been wholly between citizens Of
different States. and II was a decision
which the court had a right 10 make
involving no abuse Of judicial discretion
4 premature review cannot be obtaiRei
by r writ Of mandamus. The court based
its judgment on the mandamus entirely
upon the ground that the Circuit Court has
jurisdiction 10 pass upon the question Of
the ~removability Of the case, and as its
order overruling the motion 10 remand
was subject 10 be reviewed by a higher
court after the case had been disposed Of
by final judgment the remedy was by
appeal and not by mandamus.'
The plans Of the Government for the inn
provement Of the Sault Ste. Marie canal
were upset in a measure to-day when the
Supreme Court affirmed the judgment Of the
lower courts awarding to the Chandler
Dunbar Water Power Company title 10 two
small islands In the rapids These islands
are only about an acre in extent and little
more than piles Of rocks just above the
water. but they are valuable for the water
power privileges, The oompany's title was
under purchase Of the land adjacent to the
islands, which II was claimed extended TO the
middle Of the river The Government con-
tended that the sale Of the lands was void,
as the islands have been reserved for public
purposes Of the United States.
The court held the oompany's title vas
good under Michigan law, the land under
water and the islands going with the shore
land.
The judgment OF the lower courts was
therefore affirmed.
Motions were made in the court to-day 10
advance for early hearing three cases in
which the New York Central Railroad ia
accused OF violating the anti rebate law.
In two Of them the company was convicted
and fined tt26,OO o for paying rebates TO the
American Sugar Company and in the third
the indictment was dismissed because IL
charged the road with filing the joint rate on
barrel heads and slaves, whereas the rate
was filed by the Missouri Pacific. In the
last case the Government has taken an
appeal from such a strict construction Of
the law and now desires the question de-
cded as early as possible. The court took
motion under Amusement,