Evening star., 1909-02-24
SUPREME COURT ACTS
Highest Tribunal Decides Sew
eral Important Cases.
EXPRESS COMPANY FRANKS
Upholds Validity of Arkansas Anti
Trust Law of 1905.
OFFICER OF NAVY LOSES SUIT
Passes on Liability of a Common
Carrier for the Destruction
Of Goods.
OFFICER OF NAVY LOSES SUIT

In an opinion by Justice Day in vart-
GUS cases CT the United States against
the express companies of the country
the Supreme Court OF the United States
holds that under the Elkins law express
companies cannot legally grant franks for
the free transportation OF the property
of their own employees or of the en-
ployes OF other express or transportation
companies. The decision held that to
grant this privilege would be to exer-
else an undue preference under the Law.
which prohibits all transportation com.
panies from giving to any one rates which
are not included In the published sched-
ule. In his opinion Justice Day said:
1T cannot be doubted that the trans
portation Of property upon franks Issued
by the express companies is within the
terms Of the act Within the terms used
IN the Elkins act such transportation
enables one class of persons to obtain
rate man that named in the published
rates He concluded by saying that
there is no reason why Congress should
NOT grant the express companies the
panies, but the law must be applied by
Congress and not by the courts
Arkansas Antitrust Law.
Supreme Court Of the United States up
holds the validity of the Arkansas anti
trust law OF 1906. which provides pen-
atty of from 500 to 800 for each Of
fense and the forfeiture of the right 10
do business in the state. The decision
was handed down in the case of tho
hammond Packing Company of Chicago.
which. II was charged had conspjred with
other packers to fix the price OF meats.
against the state of Arkansas. The case
originated In the circuit court of Pulaski
county. Arkansas. where $4,000 fine
was imposed. That verdict was sus-
tanned by the Arkansas supreme court.
whose finding Is affirmed by the highest
tribunal of the land. The constitution
ality OF the law was attacked on the
ground that it impairs the obligation of
contract. denies equal protection under
the law and stands In the way of due
legal process. 1t was also contended that
inasmuch as the packing company is an
outside corporation its offense. If it COM
mitted any. which 1t denied was COM
mitted outside the state. 1t was also
urged that the trial had been irregular
In that there had not been a jury as re-
quired by the Arkansas constitution in
criminal actions.
Justice Whites decision was against
the packing company on all these points.
plant that when the company refused TO
produce Its books In obedience to an or
der from the court a judgment was given
against 1t contrary to the federal Con-
stituton. Justice White declared that it
is the duty of corporation to live in tho
llght OF day, and to be prepared at any
time Ito exhibit its proceedings to its
creator, the state.
He added: "As the Hammond company
absolutely declined to obey the order. and
stood upon what 1t deemed to be its law
ful rights and privileges, 1t is not within
our province to afford relief because of an
error Of Judgment in this respect We
may not hold that the statute and the
order were arbitrary and unjust in ths
particulars asserted when they do not
have that effect
Decides Against Commander Mullan,
The case of Commander Dennis w.
Muflan Of the United States Navy. involv.
ing the legality Of the court-martiai bv
which he was tried in 1897 on the chsrxd
OF drunkenness while commandant Of tho
Pensacola (Fla) navy yard. has been. ten
years later decided finally by the Supreme
Court of the United States adversely tn
hlm Mullan was sentenced to dismissal.
nut the President modified the sentence by
placing him at the foot Of the list of com.
manders.
Liability Of Common Carrier.
In deciding in favor Of the company
the case of the American Express Com
pany VS.. A. r. Mullins of Covineton,
KY. involving the extent of liability of
common carrier for the destruction
of goods intrusted to It, the Supreme Court
OF the United States yesterday covered
new ground In legal proceedings. Mullins
Is wholesale liquor dealer who shipped
twenty packages of whisky of one gallon
each to as many different persons i'm
osewego Kan. The shipments. made via
the American Express Company. were
seized at destination by the authorities
OF Labette county and destroyed under
the Kansas law. Mullins brought suit
against the express company in the state
circuit court of Kenton county, XIV. for
$40 damages, and was successful the
court holding that the express company
had rendered itself liable by falling TO
assert It's rights as carrier and defend
against the confiscation proceeding. The
decision of the Kentucky court was re-