The Washington herald., 1913-02-23
Highest Tribunal In Land to
Convene After Its Feb
ruary Recess.
CASES ARE IMPORTANT
Railroad Rate Litigation Among the
Important Questions to be
Decided Upon.


uled to render decisions when il con-
VeRes from its February recess on Mon
day. brought 10 light the fact yesterday
that the docket is so crowded that some
of the litigants. unless their cases are
advanced because of special Importance,
Will have to wait for nearly three years
before they can hope for verdict.
Chief Justice White and his associates
have been able to speed up in the hear
ing of important litigation, but they
have not been able TO keep pace in the
preparation of decisions. In consequence
over $50 cases. which have been heard.
hut upon which no decision has been
rendered. are on the docket for the COM
ing season. Among these are the So
called State railroad rate cases, cases
involving the constitutionality of the
newspaper publicity clause i'm the last
post-office bill. cases involving the con-
stitutionality of the white slave" act.
the Wisconsin pure food law. the inter-
mountain rate cases. the applicability
OF the corporation tax to incomes on
leased railroads. and the Florida lemon
rate case. Some of these have been
under consideration for more than a
year.
Important Cases on List.
When the court resumes hearings on
Monday several other important legal
problems will he added to this long list.
Among these is the question involving
the jurisdiction of the Interstate Com
merCe Commission over common carriers
in Alaska. presented in tn" govern
ments suit to dissolve the alleged steam
boat and railroad trust which has "A grip
on the entire traffic of that Territory.
The defendants in the case are the
Pacific and Arctic Railway and Naviga
ton Company. the Pacific Coast Steam
ship Company. the Canadian Pacific
Railway Company. and the North Paci-
fic Wharves and Trading Company.
The government charges that these
carriers are in conspiracy to maintain |
rates and divide the Alaskan traffic |
among themselves. The indictment was
qua shed by the United States District |
Court of the first division of Alaska on |
the ground that il was without jurisdic- |
tion to try the case until the Interstate |
Commerce Commission has passed upon |
the validity of the rates. From this de- |
cison appeal was taken to the Su- |
preme Court.
Another case set for hearing, on Mon
day, the United States against Sandoval. |
involves the question of governmental ,
control over the Pueblo Indians in the
Southwest. Sandoval was indicted for |
bringing two quarts of champagne into
the Santa Clara Pueblo in New Mexico. |
In his defense he attacked the validity
of the provision in the enabling act
retaining in the Federal government con-
troll over the Indian lands He alleged
that the Pueblo Indians hold their land |
hy grant through the kingdom of Spain.
that they were civilized Indians and that
the restriction was invalid. The Indians
themselves who are highly intelligent
and Industrious Joined in the fight with
the government to keep whisky out of
their possessions and even sent dele
cation TO the President to place the deeds
TO their lands in his keeping that he
might exercise the necessary control
Old Spanish Law.
The validity of the punishment OF Ca
dena perpetual" perpetual or life i'm
prisonment, is involved in the appeal OF
Juan Pico who was sentenced to Bilibid
prison in Manila for life for killing a
Chinaman. He protested that cadena
perpetual was a cruel and unusual pun
ishment taken from the old Spanish law
and was contrary to the Constitution. |
The Philippine courts rejected this plea,
takin, the view that the Spanish law
had been misinterpreted in the Philippine
code and the cadena perpetual did not
mean Imprisonment with torture. as in
the early Spanish days. but merely i'm
prisonment with hard labor
The court will also pass upon the SUIT
of grain dealers of Atlanta, Columbus
Macon. land other Georgia points 10 put
an end TO the practice of the Louis
willie and Nashville Railroad of allow
ing the dealers of Nashville. Tenn, the
privilege of rebiIling or reshipping grain
received from Mississippi and Ohio River
points at through rate. The Interstate
Commerce Commission issued an order
forbidding the practice the ground
that it was a discrimination in favor of ,
Nashville against Georgia points. The ,
Commerce Court enjoined the enforce !
q, rl.r thn md hD D
the practice was legal and was main a.,
tained for the purpose of meeting water
,
Concerning Firing Guns. II
Whether the firing Of the big coast I
defense guns over private property con- !
stitutes the taking of property without
due process of law is the problem in 7
VOWED in the claim of Mary r. Peabody, 9
Of Cambridge, Mass. owner of the Poca- !
hontas Hotel. at Killery Point, de. She I
alleges that the guns at Fort Foster i
DESTROYED the value of the hotel
and asked for $4,000. The q
Court of Claims held that the firing of
projectiles over the lands does not con- /
stitute the taking OF property and dis
missed the claim.
The right of the government to de- q
mand the punishment of individuals for
fraudulent homestead proof is involved r
William George. George was indicted :
for making false statements to his !. .
residence homestead at North .
Platte. Lincoln County. Nebr. The Unit
I'd States District Court of Nebraska
Iuashed the indictment. taking the view /.
that the law compelled only credible
witnesses to testify concerning home Z
stead proofs and that the entryman him
self was not called upon to testify
The authority OF the government to
prevent the klamath Indians. in Oregon.
rom disposing of their property to un-
buyers hangs upon the case of q
he government against o. T. Anderson =
Anderson bought cattle from some of the
Indians without the consent of the agent.
lie was indicted and pleaded that the d
Federal government had no authority !,
% prevent the sale. as the cattle in q"
question were purchased with the money >,
If the Indians and distributed by the y
government and were not purchased with ~
he funds of the government The
,ourt. accepting the view that the title I
o the property was vested in the In
lians. dismissed the indictment