Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-30
DECISION IN THE
TOBACCO CASE TODAY
Court Takes Recess Until
3O'Clock When Chief JUS
tice White Is Expected to
Announce Ruling.


Tobacco Trust corporation was
held to be In restraint Of trade.
This decision Is believed to be
along the lines Of the Standard
OIL decisions, announced last
week, although It is impossible to
state this definitely a. the full de-
cision has not yet been read.
Washington, 3. c., May 2s.-
Chief Justice White, Of tho su-
preme court, today entertained
motions before proceeding with
opinions. The consensus Of opin-
ion In the court room was that
the tobacco ruling would be an
nounced late today and the opln-
Ion like the standard oil case
would be delivered by the chief
Justice. Tho court at 1855 p. m.
took recess until 8 o'clock.
Washington, D. c., May 29.-"The
hours OF service law for railroad en-
ployes" passed by congress In 1907
was upheld today az constitution By
the supreme court of the UniteG
States. This decision was announced
by Justice Hughes in the test suit In
stituted by the Baltimore & Ohio rail
road company.
The decision of the court was unani.
nous.
Justice Hughes said that the words
of the statute were plain that only
persons engaged in Interstate com.
merce and Interstate carriers were
affected by the statue. In this par
A. L tho
employers liability law of 1906, be
cause the interstate employees some
times engaged in intrastate business
did not defeat the law, he added.
AS to the authority Of the inter
state commerce commission to issue
the order putting the law into effect,
the Justice said that the entire ques-
ton Of authority had been settled by
legislation in 1910. The justice found
no other objections to the order or to
the law ITSELF
Provisions Of tho Law.
The act. made it unlawful for any
common carrier engaged in inter-
state commerce to permit any train
man subject to the act to remain on
duty for longer period than sixteen
consecutive hours, or any telegraph
operator more than nine or thirteen
hours, according to the time the tele-
graph station was opened for business.
The act also created periods Of rest
for the employees.
The Baltimore & Ohio railroad COM
pany attacked the law as unconstitu-
tional on the ground that 1t applied 20
intrastate as we'll as to interstate rail
roads and employees. The order by
which ..o interstate commerce COM
placed the law into operation
was attacked also. The railroad claim.
ed that congress could not and did not
to delegate to the commission
the power to require reports Of viola
tion of the law; that the labor and ex-
pense necessary to make the reports
constituted a taking of the railroads
without due process Of law
and therefore in violation Of the con-
stitution; and that 1t compelled self
by officers and employees
Of the railroad; also in violation OF
the constitution.
The objections to the law were met
with denials by the government. Both
the law itself and the order, drafted
by the interstate commerce cOmUlS-
sion, were upheld as constitutional by
the circuit court of the United States
for the District of Maryland, where the
case originated.
Reviewing the expulsion of the
Carthusian monks from France in
1903, the supreme court Of the United
States today upheld the monks claims
% the American trade mark on the
Liqueur Chartreuse, formerly made
by them in the French alps. The
,rade mark was also claimed by
French distillers.
That the Philippines islands do not
'orm country foreign to the United
States SO far as the revenue laws are
concerned was again decided by the
supreme court today when it held that
Importers of cigars from Cuba were
lot entitled to bring them into this
country at rate of a duty 20 per cent
ess than was paid on Philippine cigars.
Many decisions, including that in
the so-called tobacco trust" case were
expected today from the supreme
court of the United States, meeting
for the last time until next October.
(Continued on Page 81
L. A u +.