New-York tribune., 1910-11-29
SUPREME COURT CASES
Justices Hand Down Many I'M
nortant Decisions.
PUNISHMENT FOR PEONAGE
Responsibility for Telegram
Gerrymandering Passed Upon
Rights of Widows.


Tve decisions announced to-day by the
Srr-eTne Court Of the United States
one Of the decisions had the effect Of
sending 10 prison four Alabama men for
alleged peonage practices. Others held
that the court could not review the power
O. Legislature 70 "gerryrander'' a state
FOR Congressional purposes. because the
Question had been raised in connection
With the election Of 1908, long since past;
that state may regulate liability for the
-on-deliverv Of telegraph messages in in
rerstare commerce SO long as Congress
Goes not regulate i. and that no constitu-
tlonal rights Of widows in California had
leer violated by the assessment Of an in
He-,tanCe tax on the wife's share OF com
rrurity- property owned by the wife and
husband before the lafter's death.
Peonsge Sentences Confirmed.
Sentences of Imprisonment imposed upon
= : Harlan. Robert Gallagher. =. {
Hilton and :. Z. Huggins. of Alabama
IN reonaEe conspiracy charges were al
lowed 10 stand as legal to-day by the
court These were the first convictions
-qrder the recent crusade Of the federal
government against peonage.
W : Harlan, general manager Of the
Jackson Lumber Company, with mills near
4
Ec-her with c. {. Hilton. Robert Gallagher
a75 : z. higgins. employees al the mills,
OF 4 charge OF conspiracy to commit the
statutory offence OF peOnage. They were
accused specifically OF having conspired
- arrest and 10 return TO the lumber
rs--1 Of the company Hungarian named
Rv5oIr Lanntger 70 work out al indebT-
e5,,ass alleged TO he due 10 the -companv.
.-. t4a-7zr was convicted and sentenced 10
-----e. eighteen months at hard labor IN
- Atlanta penitentiary and 10 pay fine
~ & ana. Hilton and Huggins each 10
sr-4e thirteen months and TO pay Il fne
of s. GOO. and Gallagher was sentenced 10
-zFreer months II the penitentiary and TO
NV me Of $1,000 He. 700. vainly
sought release on habeas corpus.
Because the Western Union Telegraph
.-o11nanv failed 70 transmit message
+--r7 Detroit 10 Kansas City. No. after
s--erriug II. the Supreme Court to-day held
he telegraph company liable for more than
500 DANA ges The company received -
cents 10 send the message
The ComnerciaI Milling Company, OF De
s-oir. gave the Western Union Telegraph
--s.Crrusuy > MESA ge there 70 be delivered
ze grain elevator company in Kansas
-a-iir No The message got as far as Chi
e-cs-o. where Il was lost. As result the
Detroit company claimed It had been dam
F-ed = go by the failure thus to make
purchase OF wheat.
The message vas written on q telegraph
Blank, which contained an agreement that
IN case q non-deliverv the telegraph com
rznv would be liable only for the amount
received for sending the MESA ge- The
T-lai court awarded a judgment OF several
hundred dollars IN favor Of the milling
,onpa1v. holding that the contract was in
zalid- because X was in conflict with q
state law that regulated the Liability.
n tHe Supreme Court OF Michigan it was
.fs.d by an evenly divided court that in
asnaucn as Congress had passed no law fix
ir- ne Liabilities for non-delivery. It was
PROPER for a state TO do so. and the judg-
aren't vas affirmed. The Supreme Court to
6@v approved the Judgment OF the Michi-
Esu court.
BY affirming the decision Of the lower
court. the Supreme Court to-day denied J.
Harvey Ladew and other capitalists OF New
York and West Virginia relief in federal
toGrts rroTn the alleged nuisance caused by
me operation Of the smelters Of the Ten
nCssee copper Company. in Tennessee.
E,adew ana his associates own large tim
l4r Interests. aggregating in all q .0oo acres.
s. Fanr5n, Gilmore and Pickfns counties
"a. Just across the line IN Tennessee are
snelcers Of the Tennessee Copper
company and other companies. the sui
17lrouS fumes from which. it is claimed.
have been running tie timber belonging TO
1-adew and his associates in Georgia.
A. Tho result Of an agreement. not made
G-rr Of the record Of the court the Depart
r.ent Of Justice to-day asked the Supreme
Ceurr no dismiss t7e appeal To the court by
--r government for review Of the quash-
EDa
or. Mai Steamship Company on charges
a. rebaI5rE. This was done.
The -crerrDl1eIt charged n the inaict-
r.n- -hat rhe steamship COMPANY acting
:~ ConiIncrion vim railroad companies
lrged mating from Kobe, Japan. across
axe Pacific ocean 10 san Francisco and
7n.n-e 10 inland points a. rates less Jhan
7-e joint tariffs of rate for such shipment
ad win inc Interstate Commerce Com
= sr5on-
One Punishment for Offence.
frank WAYNE VIII not be compelled 10
Fa~-e four more wears in the penitentary
5or tne alleged larceny Of some postage
stamps and s. from the Sellwood postoffice
N Portland. ore. 50 1909. 50 much was
oefern7fl-d to-day y nen the Supreme Court
cerlned 70 resiew he action Of the federal
t,rrts Of Oregon which released him from
E9-~ITr the sentences.
UsEne has already served tnree-year
srn-ence for me alleged burglary Of the
"fcr. He procured his release from prison
On he ground that the additional sentences
f1r the alleged IarcenIes constituted a sec
'H4 punishment Of N offence for which he
Lao already been Imprisoned
Ire Department # Justice asked the Su-
prone Court 10 review the decision Of the
loHer court IN order to establish the prin-
c'nie- Z possible that in federal jurisdic-
Ions person ulav De punished both for
burglary and larceny growing out Of the
r me transaction.
The Supreme Court was asked to-day 70
r@Fiew the rrlal u Frederick a. Hyde and
j1ost y. Schneider on charges Of cOnspr-
~ with John A Benson and Henry +,
bimond 10 defraud the government out OF
laacs IN California ard Oregon The trial
ds hei6 n the District OF Columbia, on
iHe theory Jhat al overt act under the
conspiracy hsd been committed within the
District Hyde and Schneider We're con-
t-eiec and each sentenced 10 imprison-
snent and 10 pay d me. while Benson anc
l'.-nond We're acquitted
IaaElng 10 one side the question as TO
another or not states may ''gerrymander'