The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1910-03-17
HE|KE, SUGAR
OFFICIAL, WINS
IN HIGH COURT
SECRETARY OF AMERICAN COM
PANY GRANTED IMMUNITY FROM
PROSECUTION.
LOWER DECISION IS REVERSED.
North Dakota Coal Rate Law of 1907
Held Constitutional for the
Present Time.
LOWER DECISION IS REVERSED.
MINNESOTA LAND SCRAP SETTLED.

WASHINGTON. ID. c.. March IA
The supreme court of the United States
today declined to vacate the writ of
error issued by Justice Lurton in the
case of Charles X. Heike of New York,
who was denied immunity by the lower
federal court from prosecution on an IN
dlctment of conspiracy to defraud the
government. Heike is secretary of the
American Sugar company.
The North Dakota coal rate law OF
1907 was today held to be constitutional
for the present by the supreme court.
despite the claim of the railroad that
the law requires thes transportation OF
coal below the cost of service.
Time Will Test Law.
In affirming the decision of the SUI
preme court of North Dakota. Justice
Holmes said that there was so many
uncertainties about the rate being con
hScatory that the supreme court did not
feel justified in everything the state court
which held the law would not prove con
hscatory if put into effect. The afiirma
ton was made, however. with the state.
ment that such action should not preju
dice the case of the railroads if after the
law went into effect the measure did
prove couhScatory.
Since 1907 there has been law in the
un coal transported by railroads within
the state. The Northern Pacific and the
Great Northern Railroad company fail
ing TO put the rates into effect. the state
brought suit in the supreme court of
North Dakota to prevent the charging
of higher rates on coal transportation
than those provided by the law of 1907
The supreme court announced a deCi
sion in the long controversy over the title
TO certain land in Minnesota in favor of
Peter Froyseth and against the trustees
of tho Hastings and Dakota railway
company.
Russell Sage in Case.
Scarcity of unallottcd land in the
state of Minnesota was the foundation
IF this SUIT OK eJcctment brought by
Russell Sage, rs assignee in trust of the
Hastings X Dakota Railroad company
against l'royseth who likewise claimed
the ownership Of 4 quarter section of
land in Chippewa county, Minnesota.
Sage was succeeded US trustee by Ed
ward c. Osborn and j. j. Slocum.
In 1856 grant of land was given to
the railroad 10 aid in the construction
of road across the state Of Minnesota
BY reason Of overlapping and prior
grants, the company had difficulty in
selecting land that had not been re
served. The land which Froyseth occu-
pea WAS tIblultl ny lIlt rbdu. DN reason
Of selection in 1883, and by re-selection
in 1891.
Homesteaders' Rights Attacked
FroySeth asserted that no rights were
acquired by the railroad or its as
eignees. under the selection of 1888.
and that the lands having been restored
to the public domain in 1891, his rights
as n homStearer attacked at that time,
Notwithstanding that the railroad imme
diately selected the lands
4 decision was given by the Minnesota
courts favorable to Froyseth, This was
affirmed today by the supreme court Of
the United States in an opinion an
uounCed by Justice Lurton
Decides 28-Hour Law.
BY divided bench of four TO four,
the supreme court today affirmed the de.
cision of the lower federal court in
holding that the separate shipment is
the proper unit for assessing penalties
under the 2S-hour law, and not the train.