The Washington herald., 1912-02-20
OREGON TAX LAW
NOT THROWN OUT
Supreme Court says Initiative and
Referendum Is Political
Issue.

4
The United States Supreme Court
yesterday declined to declare invalid
laws of a sovereign State passed
through the initiative and referendum.
The case arose In Oregon, which State
passed a law taxing the gross income
of certain. corporations. The law was
passed as a result of the initiative and
! referendum. The Pacific States Tele-
phone and Telegraph Company re-
fused to pay the taxes and was sued.
The defense was that legislation passed
as result OF the Initiative and refer
endum was unconstitutional Judg-
ment was awarded against the corpo-
ration in the local court of the State
and affirmed by the Supreme Court of
Oregon. The case came to the United
States Supreme Court on a writ OF err
ror.
The Supreme Court. in its unanimous
opinion read by Chief Justice White.
held that THE issues presented. in their
very essence. are, and have long since
by this court been, definitely deter
mined to be political and governmental.
and embraced within the scope OF the
powers conferred upon Congress. and
not. therefore, within the reach OF ju-
dicial power. Il follows that the case
presented is not within our jurisdic-
ton"
Texas and OsteOPaths.
That a State has the power to pass a
law prescribing conditions upon which
the practice OF medicine or surgery may
be pursaed within that State is the judg-
ment Of the United States Supreme Court.
announced yesterday by Associate Justice
Holmes in an opinion Affirming the judg-
ment OF the Supreme Court OF Texas, up
holding the validity OF a law of Texas
which requires osteopaths and other prac-
titioners to pass an examination before
practicing In the State. The case Affects
faith healers, Christian Science practi-
TONERS, and other forms OF treatment not
recognized by the regular medical socie-
ties.
AS to the validity OF state laws taxing
express companies. the court held a stat
ute Of Minnesota to be valid. The tax,
although levied on the gross receipts OF
the express company. was TO be an as
sessment In lieu OF all other forms OF
taxation upon the property OF the cor
poration within the State. As to Okla
homa, the court held that such a tax
amounted 10 an imposition solely upon
the gross receipts OF the corporation from
business, the greater part of which was
burden upon interstate commerce.
The Supreme Court. in an opinion by
Justice Lamar. reversed the Judgment OF
the United States District Court for the
Southern district OF New York, quashing
an Indictment returned against the North
German Lloyd Steamship Company for
violation OF the immigration law for fail
ure TO return within the time prescribed
certain immigrants OF the excluded class.
To test the law. the company sold in
Germany round trip steerage tickets
from Berlin to New York. Its defense
was that the contract for transportation
was made in Germany: and that the
immigration laws OF the United States
had no extraterritorial Jurisdiction. The
lower court sustained this view, but the
Supreme Court holds that. while the
contract was made in Germany, the
United States has a right TO prescribe
the conditions under which immigrants
may be brought into the country
Some Other Decisions.
The Supreme Court granted the ap-
plication for a writ of certiorari made
by Charles r. Heike, former secretary of
the American Sugar Refining Company.
convicted in the United States Court for
the Southern district OF New York in
connection with the sugar frauds The
application OF Ernest n. Gerbracht was
denied. The court reaffirmed the con-
OF the Carmack amendment
OF the interstate commerce law, holding /
the initial carrier responsible for the !
delivery OF shipments over other lines: |
decided that pearls selected ard drilled |
for necklaces were to be admitted as un-
set pearls at duty of 10 per cent there !
by requiring the United States to refund |
$4,000 collected on the pearl necklace |
imported for Mrs. w. B. Leeds valued |
at $4,000. and declared that a person con-
victed Of assault may sfterward be tried |
for manslaughter II the victim dies.