Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-02-22
Western Union Wins Its
Arkansas, Tex, Cases.
Minnesota Scores Complete
Victory Over Great Northern.
West Virginia Wins Boundary Dis
puie With Maryland.

Washington. Feb. 21.-In more than
50 decisions the supreme court OF the
United states today passed on the ad-
mnistration of justice as 1t had APP
peared in the lower federal courts ana
state, tribunals in nprre than nall the
states in the Union Many state laws
were declared uncor stitutionai, more
were repealed and laws of the United
States were given final interpreta-
ton.
Washington. Feb. 21.--On the au-
thority OF cases cited the supreme
court of the United States today re-
versed the Judgment of the lower
courts in Diminishing the suit brought
in the federal court by the Western
Union Telegraph co. to prevent the
enforcement by the Arkansas officials
of the state incorporation act of 1907.
The Western Union brought this
suit in the federal court to restrain
the prosecuting attorneys of various
countries of the state from inStituting
proceedings for penalties for it's fail
urc to comply with the provisions of
the act of Arkansas OF. May IS. 1907.
requiring every corpora ton doing bust
ness in the state to pay 4 fee for filing
articles of incorporation proportiOnatc
to its capital stock. The defendants
demurred and this demurrer was sllS-
tanned. The demurrer was on the
ground that the remedy should have
been sought in the state courts, mas
much as the act did not have to pro-
vide for criminal prosecution and fur
Their that the suit was against q state.
The validity of the ordinance OF the
board of supervisors of san Francisco
prohibiting the future burial of the
dead within its limits except that part
under the jurisdiction of the United
States was upheld today by the su-
prcne court of the United States The
Laurel Hill Cemetery Co brought suit
in the superior court of the state of
California for the city and county of
San Francisco. Relief was refused and
the state supreme court affirmed the
decree.
The state of Minnesota today won Il
complete victory over the Great North
ern Railway and Chicago Great West
ern cos. when the supreme court of
the United States affirmed the decision
of the state court holding that the
cent. gross earnings tax
UNFOLDING the conStitutionaltv of
the law creating the railroad commits
sion of Kansas, the supreme court of
the United States today affirmed the
judgment of the supreme court of Kan
sas in issuing an injunction to compel
the Missouri Pacific Railway Co. to
operate q passenger train from Madi-
son, kas., to the Kansas Missouri
state line.
The state of West Virginia today
won a substantial victory in the SUI
preme court of the United States over
the state OF Maryland in their dispute
over the boundary line between the
two states. Commissioners were Or
dered to be appointed to survey new
boundary in accordance with the opin-
ion of the court which recognized the
validity of most of the claims of the
state of West Virginia
The Georgia Railroad &, Banking Co
today won a partial victory over the
state of Georgia, when the supreme
court of the United States affirmed the
main points in the opinion of the low
er federal court, holding that the rail-
road was required to pay only a state
tax of one-half of one per cent. OF it's
net earnings and not property or fran
chise taxes. The opinion was the first
Justice Lurton has rendered from the
supreme court bench. The only quail
hcation of this victory was a modifi-
cation of the decree as to the WASH
ington branch. AS to that branch the
state won its contention.
BY reversing he decision of the su-
premc court of Alabama the supreme
court of the United States today de-
clarcd unconstitutional, as applied to
the Southern Railway Co, the Alabama
statute levying an annual franchise tax
on foreign corporations doing a bust
ness IN the state, The court held it
was an improper discrimination be-
tween Foreign and domestic corpora
lions.