The Washington herald., 1913-11-11

MARYLAND AUTO
TAXISATTACKED.
J. 7. Hendrick to Test Consti-
tutionality Of Law IN
Supreme Court
UNFAIR TO THE DISTRICT
Decision win Be Of Utmost importance
to Capital Motorists Who
Use State Roads.
UNFAIR TO THE DISTRICT

Attorneys Clement L Borve. ]. H.
Raiston, and W. T. Richardson. repre-
sen.ing J. Thilman Hendrick. motor
truck owner. Of Washington. yester-
day petitioned the Supreme Court OF
the United States to advance their
clients case on the docket The case
combats the power Of the State OF
Maryland to tax automobiles doing an
Interstate business when they enter
Maryland.
The Hendrick case is an action car
ried before the Supreme Court to test
motor tax and registration law, so far
as II applies TO automobiles owned by
washingtonians and passing over the
Maryland roads.
The petition. in part, sets forth;
while certain provisions OF the
Maryland statute permit temporary
free entry into the State OF Maryland
by the residents of all States OF the
Union. without the payment of any
license or registration fee. that law
specifically provides that this so-called
privilege Is to be denied 10 the resi-
dents OF the District OF Columbia, thus
discriminating against them as class.
Wants Case Advanced.
1--WE submit that the motor vehicle
law of Maryland. for violation of which
the plaintiff in error was arresied. and
which imposes not emily q tax on own
ers and operators of motor vehicles en-
tering that State. but a registration tax
as well, is an unlawful attempt to reg
ulate interstate commerce, and Is, in
effect, legislation passed for revenue
purposes under the guise of a local
police regulation. and that the law Is
invalid In that II discriminates unlaw-
fully against the residents OF the Dis
trict of Columbia
The Supreme Court Is asked to ad-
vance the case so that a decision may
be rendered before the 1914 tax be-
comes due in Maryland.
- Justice Hughes read an opinion of the
court affirming the Judgment Of the Su-
preme Court Of the State OF Vermont
upholding the validity Of a State law
taxing depositors in national banks on
their deposits.
Uphold Service Act.
An important opinion was read by Jus
tice Holmes, constituting the Federal
hours of service act, regulating the en-
ployment Of railway employees in inter-
state commerce. The opinion affirmed
the judgment OF the United States Dis
trict Court for the Eastern District Of
Texas against the Missouri. Kansas, and
Texas Railway Company, holding that
In a violation Of the law the railroad
company may be held for a separate
penalty for each employe who Is required
to work overtime.
S The court, in an opinion by Justice Nc
Renna, reversed and remanded the judg-
ment Of the United States District Court
for Alaska and the Federal Circuit Court
of Appeals for the Ninth Circuit, con-
victing and sentencing c. NJ. Summers.
who was president Of the First National
Bank Of Juneau, Alaska. for violating
the criminal features OF the National
Bank Act The case win be remanded
to the Alaska court for another trial.
Deny yirRinin's Plea.
Chief Justice White denied the motion |
made on behalf OF the State OF Virginia |
that the Supreme Court proceed at once |
TO a hearing OF the suit instituted by that
State against West Virginia, to require
the State OF West Virginia to assume a /
part Of the bonded debt of the old State
Of Virginia, which was incurred before
the separation Of West Virginia from the |
parent State.
Writ OF certiorari submitted last Mon
day by PhIlander C. Knox. former Sec |
retary OF State, for a review OF the tudg- |
ment OF the Circuit Court Of Appeals for |
the Third Circuit In the case Of the
Carborundum Company against the Elec-l
trio Smelling and Aluminium Company.
was denied.
The Chief Justice announced that the !
court will take recess next Monday
until December !. |
Joseph w. Bailey, former Senator from
Texas, was granted leave to file a brief !
in the Oklahoma case involving the
grandfather's clause OF the Oklahoma
constitution.
In the case OF the American Bell Tele-
phone Company VS.. the Western Union