The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-06-01
g Constitutionality Of Cor
poration Tax Not ct
Determined.
WILL BE DECIDED
BY FULL BENCH
Notwithstanding F allure o
Court to Pass on Question,
Treasury Will Collect Tax.
Supreme Court Adjourns
Until October-Decision
in "Jin Crow Case.

IN I'm Crow Case.
Washington, May 31.--Just before
adjourning to-day until October, the
supreme Court OF the United States
restored the fifteen corporation tax
cases. heard last spring, to the docket
for reargurnent before full bench.
No specific date was set for the re-
argument AS two cases. touching the /
-constttutionality OF the law and its
applicability to certain organizations.
have been set already for the first I
! Tuesday of the October term it is
believed the court will advance the
fifteen cases in question for hearing
In the same month.
Chief Justice Fuller made the an
nouncement of the restoration
For argument before full bench"
was the only reason assigned for the
unexpected action of the court.
The cases We're argued on March II
and is|before bench consisting of |
eight members. Inasmuch as the tax
must be- paid by July i. it was bo-
IL
decision this term.
The only reason advanced for the |
delay of the court In reassigning 1t !
was that the court hoped it would
reach satisfactory decision OF the
matter before the summer recess, and
thus avoid a rehearing.
How the court stands on the case.
no one off the bench pretends to know.
itThe action to-day will allow Governor
! Hughes OF New York, recently ap-
ltpointedto to the bench, to participate in
| the consideration of the law.
Secretary MacVeagh said that not
| wlthstanding the failure of the SUI
islrenne Court to pass upon the eon-t
!, atifdtiorslity of tha corpntattenl tssx
I IL as required by law. Should the
/ court after reargument declare the
| tax not constitutional the money col
! lected will be refunded without the
| necessity of congressional legislation,
| the statutes making ample provision
| for the return of taxes paid wrong
/ fully or in error
! The corporation tax is collectible
/ June 30 The assessments on that
account have aggregated a trifle in
| excess of so7,oO0Ooo. while the taxes
/ paid to date amount to S675,325.
Chiles Appeal Dismissed.
An attempt to have the Supreme
| Court, of the United States pass on
! the authority of common carriers en-
gagged in interstate commerce to make
"Jim Crow regulations met with fall
ure to-day. when the court dismissed
the so-called Chiles appeal from its
/ docket
| The question arose in a suit which
! j. Alexander Chiles, negro. brought
I for damages against the Chesapeake
and Ohio Railway Company. Chiles
/ bought through ticket from Wash
/ ington, D.. c., to Lexington, Ky At
Ashland. KY, all the passengers eX-
cept those in a sleeper were required
! to take other coaches. over the Oh
| lection of a brakeman Chiles insisted
on riding in coach set aside for
i white passengers. He was compelled
by the conductor TO go into the coach
! for colored persons. In the suit for
damages the railroad relied on tho de-
fense that 1t had acted in conformity
with Its regulations.
/ The Supreme Court of Kentucky
4 found these regulations in regard to
I the separate coaches for the two races
\ to be reasonable. Inasmuch as Chiles
4 had been furnished accommodations
/ equal to those provided for white pas
4 sengers, according TO the trial jury, a
I, verdict was rendered for the railroad
\ company. From this Chiles appealed.
u The Supreme Court affirmed the do
cision Of the State court.
Il Franklin VIII Die.
i Pink Franklin. the South Carolina
negro whose conviction OF the murder
of Specta, Constable Valentine led to
tract laws of the South, will suffer
the death penalty, according to the
decision to-day of the Supreme Court
of the United States.
1t was claimed by Franklin that the
constable came to his home at night.
and entered without announcing him
self as an officer of the law 1t was
while In Franklin's cabin that Valen-
tine was mortally wounded by shot.
Former Attorney General Bonaparte
became interested In the case, and
demned man had appealed the case to
: the Supreme Court of the United
States, Mr.. Bonaparte filed a brief in
Franklin's behalf He contended that
Franklin had q right to resist arrest,
which was sought to be made on a
warrant issued under an unconstttu-
tional law. This law was the so-called
. "labor contract law" which provided
that agricultural laborers. under con-
tract to work. we're guilty Of mtsde-
meanors If they break their contracts
after receiving wages In advance
: Mr.. Bonaparte denounced this law as
4 an attempt to reduce the negroes Of
the South to captivity.
Justice Day. In announcing the de-
cison, said the court could inquire
only into Federal questions He sale
| the question OF resistance OF arres
under an unconstitutional law was moi
raised In time In the State court.
Carter AppenI Denied.
The Supreme Court of the United
States denied the application to-day o1
Oberlin M, Carter, former captain o
the United States Army, for a Srehear-
ing in.the suit In which s4o0ooo was
taken from him and turned over t.
the government az a result Of the Sa,
| vanrah r+n harhor I'M prOvsn1ent scan,