New-York tribune., 1909-11-09
INDIANS LOSE SUIT
REDRESS DENIED.
Oleomrgarine Lac 1pplics to
Corporations.


OF the United States to-day decided against
the complsinants the case Of the i3.co
Choctaw and Cnickassw Indians who
asked for redress for being excluded from
the citizenship rolls OF those nations when
they were prepared by Secretary Hitch
cock OF the Interior Department on March
a 1907. The opinion was delivered by JUS
tics Holmes
The suit was instituted by J. F.. Fleming
in the United States Circuit Court for the
Eastern District OF Oklahoma. and ssnsa-
riOnsl charges we're made. IL was alleged
among other things that the citizenship
rolls had been prepared on fraudulent
lists. that the citizenship court had been
bribed. that $4,000 had been paid TO the
Oklahoma 'egal firm Of Mansfield. McMur-
ray & Cornish as the result OF unlawful
connfving. and that. although these charges
had been brought to the attention of Sec
retary Garfield. he failed to investigate
them. IL was also asserted that the Sec
retary had Withdrawn great areas OF land
for reservation purposes and for ether
uses contrary 20 law.
Claiming TO be entitled 10 a share Of the
Choctaw and Chlckasaw funds and lands
under the terms OF the treaty between the
Indians and the United States which was
entered into in 1880. the petitioners asked
for a decree compelling general account
ing. for the award of their proportion OF
the property and for Injunction pro-
hibiting further proceedings looking 20 the
alienation of II. The trial court decided
against them, and it's opinion was affirmed
to-day.
OLEoMARGARINE DECISION.
That the law requiring dealers I'm oleo-
margarine to make returns of their bust
ness applies 20 corporations was held oy
the court in deciding the case of the United
States against the Union Supply Company
in favor OF the government The company
operates in Camden. y. j., where 1t was IN
dicted for not making the returns required
by law. but the United States Court for the
District of New Jersey qusshed the indict-
ment on the ground that the Law applies to
individuals only. and not TO corporations.
The opinion OF the Supreme Court was an
nounced by Justice Holmes. and reversed
the decision of the District Court.
II had been argued In the court that the
law did not apply to corporations because
of the imposition OF an imprisonment pen
atty for first violations OF the act. In
dealing with this question Justice Holmes
said: '1f We free our minds from the no.
tion that criminal statutes must be con-
strued by some artificial and conventional
rule the natural inference. when a statute
prescribes two independent penalties. Is
that 1t means TO infiict them so far as u
can, and that. IL one OF them is Impossible.
it does not mean on that account TO let
the defendant escape"
WAY TO PROSECUTE CUSTOMS MEN.
A way to prosecute customs employees
who have made false returns on merchan-
disc being entered I'm violation of the law
was pointed out when the Supreme Court
held that the Circuit Court of the United
States for the Eastern District of New York
erred in dismissing the indictments against
simon j. MescaIl, an assistant weisher at
the port of New York. accused OF making
false returns in cheese importations in 1sos.
He was indicted under Section Of the Gus
toms administration act OF June 10. 1880.
The case was remanded back ior rutthe1
action against Mescan-
Another step in the legal fight over street
railways in New York City was taken to-
day. when attorneys for the receivers OF
the METROPOLITAN Street Railway Company
and other interests asked the supreme
Court to dismiss the appeal OF the Guar
anty Trust Company of New York from a
decree ordering the foreclosure OF its mort
gage on property OF the railway company.
The appeal was allowed by Justice Peck
ham, who recently died, after an appeal
had been denied by Judge I-acombe. In the
Circuit Court for the Southern District OK
New York. Dismissal was requested on the
ground OF lack OF jurisdiction The court
took the subject under consideration
The court advanced for hearing on Janu-
airy 10 the cases Of the government agt.
Oberlin VI. Carter, in which the govern
ment Is seeking 10 obtain possession OF
the money held by Carter at the time Of
his arrest for defalcation in connection
with harbor improvements at Savannah.
The Department of Justice requested that
such action be taken.
The Supreme Court will take recess
from November 10 TO November %