The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1908-03-18
HEPBURN LAW DOES NOT
REPEAL ELKINS ACT
Supreme Court DemoIishes a De-
Tense Against s2s, 900, 900 Fine.
PERFORATED MUSIC DECISION
j. J. Hill Wins $10,O00,0 900 in
Burlington Observation-Disclosures
Music Not a Violation Of Copy.
right-Other Important Rulings,

Washington, D. C.-The Federal
Supreme Court upheld the Elkins
Anti-Rebate act, found for J. j. Hill
in the $40, 900 Burlington case,
declared perforated music not in vio-
lation of copyright and rendered sew
eral other important decisions.
The Elkins Anti-Rebate law was
neither repealed, modified nor amend
ed by the Hepburn act. All the orig
iual provisions relative to the giving
and receiving of rebates remain in
full force and effect.
This was the decision handed down
by the Supreme Court in the suit of
the Government against the Great
Northern Railroad for granting re-
bates. 1t will have a f~ar-reaching eff
feet on a large number of appeals
taken from lower courts.
The opinion destroys M hope en-
tertained by the Standard Oil Com
pany of discovering a way to evade
payment Of the s29,000,000 fine i'm
posed by Judge Lands for accepting
rebates from the Chicago and Alton
Railroad. One Of the contentious set
up was that the ElkIns law vas re-
pealed by the Hepburn act. Counsel
for the Standard interviewed in the
Great Northern suit and became a
party to it so far as this one point is
concerned. The fight to prevent the
collection by the Government Of the
enormous fine must now BIZ limited to
other points raised.
The Great Northern case was in
stituted in the United States District
Court for Minnesota, which court
fined the railroad $1,000 each for
fifteen violations Of the first section
of the Elkins law in granting conces-
sions to the w. P. Devereaux Com
pany on it's shipments Of oils Of corn
from Minneapolis to points in Wash
ington. The decision was announced
by Justice White and affirmed the
finding of the District Court and the
United States Circuit Court Of APP
peals.
Hill Wins $40, 00O, 900 Case.
The case of Clarence H. Venner VS..
the Great Northern Railway and
James J. Hill, which was begun in the
United States Circuit Court for the
southern district Of New York by
Nenner to compel Hill to pay over to
Venner and other stockholders the
value of their respective holdings, be-
cause, as was alleged, these holdings
had been impaired by the joint effort
of the Great Northern and the North
ern Pacific Railroad Company in 1900
to obtain control Of the Chicago, Bur.
lington and Quincy Railroad, was de-
cided by the Supreme Court against
Venner. The case involves $10,00Q,'
600.
Perforated Music Free.
In an opinion by Justice Day the
Supreme Court decided the case Of
the White Smith Music Publishing
Company. of Massachusetts,, against
the Apollo Company, a New Jersey
corporation, involving the question
whether copyrighted music is protect
ed against reproduction on perfor-
ated paper for use in ~pianolos and
similar instruments, in favor of the
Apollo Company.
The case originated in the United
States Circuit Court for Southern
New, York. The view of the United
States Circuit Court of Appeals was
accepted by the Supreme Court,
which. as announced by Justice Day,
was that. as the perforated sheets
can only be made serviceable in con-
nection with the machines in which
they are used, and cannot be read,
the reproduction of music in this
manner is not a violation of the Copy
right law.
Justice Holmes delivered a differ
ent but not a dissenting opinion.
Court Defends Woman.
That laundries and other concerns
employing females in mechanical la
Dor in Oregon may not require such
employees to work more than ten
hours a day, in compliance with the
State law, was proclaimed by the SILL
preme Court in the casa of Curt Null
Ter, a laundryman, of Portland, VS..
the State Of Oregon. Muller at
tackled the law as unconstitutional,
claiming that it puts a Limitation on
the power of contract.
In UNFOLDING the law, Justice
Brewer ruled that on many accounts
woman is entitled to greater protec-
ton than her brothers.
HAD GOOD TIME, DROPPED DEAD