Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-04-04
STATE MUST BEAR
t T'S0VBbURDENS
OKLAHOMA TOLD TO APPLY ITS
OWN LAW.
Supreme court Dictates
Court Also Refuses 30 Restrain Rail-
road From Charging EXhorbitant
Rates for Transportation.
BY Associated Press

BY Associated Press
Washington, April S.-The burden
OF statehood was brought to oklahoma
today when the Supreme Court in.
substance told the state II must look
10 IT'S own law to regulate the liquor
traffic and freight. rates and not to
the Federal Government. The state
about year ago filed a petition In the
Supreme Court asking It to enjoin the
railroads entering the old Indian Ter
ritory from carrying liquor into that
section. The request was based
on the requirement that Ok
hamo required In It's const-
tuition that liquor should not be sold
there. The court also declined to re-
strain the Atchison, Topeka, ST. Louis
e. Pacific Southern Railway company
from charging higher rate on the trans
portatlon Of lime, cement, plaster,
brick, stone, crude and refined oil
because Congress before the admission
of oklahoma into the Union had provid
ed that the rate on this line should
not be greater than charged In Kansas,
but the court held that the regulation
OF inter- state freight rates was now a
matter entirely for oklahoma to regu-
late. A similar decision was reached
In the suit brought by the state courts
10 enjoin the Chicago, Rock Island ana
Pacific Railroad company from charg-
ing In oklahoma higher rate for the
af ttFh.
charged in Kansas.
The court likewise refused to enloin
the federal Judge in oklahoma from
enforcing certain DEGREES In liquor
, cases involving a conflict Of authority
between the federal and state courts.
The Chief Justice took the position
that the lower courts had urged in
refusing to allow the government to
amend It's original petition. while
that petition expressly held said the
Chief Justice, In referring to the pre-
vious holding, that stock ownership
by a railroad company of bona-iide
corporation irrespective Of the extent
OF such ownership did not preclude
railroad company from transporting
the commodity manufactured, mined,
produced. or owned by such corpora
tion. Nothing in that conclusion fore
closed the right of the government 10
question the power of the railroad
company to transport in interstate
commerce commodity manufactured
mined, owned, or produced by cor
porntlon In which the railroad held
stock and when the power of the rail-
road company as a stock-holder was
used To obllterate all distinction be-
tween the two corporations. That Is to
say where the power exercised In such
a manner as to commlngle atlairs or
both AS by necessary effect to make
such affairs practically undistngulsh-
able and therefore to cause both cor
porations to be one for all purposes
No disappointment
Washington, April 3.--Keen dis
appointment prevailed today near the
supreme Court of the United states
when that tribunal finished its week S
task without touching on the dissolu-
Non against the Standard Oil and the
Tobacco corporation.
The largest crowd that has attempt
ed In years to get into the court room
blocked the corridors, The space re-
served for the bench was crowded,
Judge Porter Of Eldorldo, admitted
to practice before the Supreme Court
fifty years ago, and one OF the Oldest
members Of the bar, had come into
court hoping to hear the Standard
oil of Tonacco decision Governor
Harmon, OF Ohio. Senator Root OF
New York and otner distinguished
personages waited the three hours.
The failure Of the court to decide the
cases precludes the announcement OF
the declslcd until next Monday az
Hepburn Rate Law Argued
Washington, April S.-The COM
moditles clause" Of the Hepburn rate
law interpreted two years ago by the
Supreme Court Of the United states
was piven new life today BY that tri-
tuna II second Interpretation. So
effect L was tho reconsideration OF
the subject that government officials
predict the file will now be remedled
ard the raIIoads divorced from the
coal lutn, ss. Chief Justice White an
nOunced the decision Of the court The
entire hcnlh agreed with him, al
lOONGn uU Allt Il'Nl'uo wv Nlai'ii "N'
tnco Harlan dissented.
Oklahoma Loses Booze Case.
Washington, April 3.-The SUI
preme court today decided against
the state of oklahoma in the case in
yolvng Il, statute prohibiting the
.cnirying &c h,t xcanting liquors into
the state, fvu ty railroads aud ex-
press comrsu,es were defendants in
the ease brvuslt By the common
wealth.
Hand slash Medicine Prices
Washington April S.-The United
states Supecine Court today decided
the manufacturer of a proprietary
~ mcdlcinr carrot prevent The whole
esllei and reipi'er fr'm cutting prices
lHMhy contract with him 10 that eff
Nefoct Hnd that the contracts are ille-
MAJ "a restraint Of trade.
Virginia Courts Upheld.
U Washington. April 3.--The Su-
4. al. Ia