The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-06
IMPORTANT CASES
STILL UNDECIDED
Question of Enforcement of In
terstete Commerce Law Against
Express Companies and Con-
stitutionality of "Grandfather
Clause" of Oklahoma Con-
stitution to Be Considered.
Especial to The TlmespiSpatch.I


To the score or more now under CON
sideration. Will he put UP to the SUI
preme Court on Monday. April 4. when
sc convenes 20 resume the hearing of
cases after the Easter recess. The
court has not vet delivered its opin-
SONS in the railroad rate cases. and the
more important judicial questions that
have been argued before IT. during the
present term still remain undecided.
But the congestion seems to he inCreas
ing. rather than dimini shins, in spite
<of the lahors of the justices
The question of the enforcement OF
She interstate commerce law against
express companies. a particularly COM
plicated condemnation proceeding af
Eectinc the project for the building OF
another lock at Sault Ste, Marie
the constitutionality OF the "Grandfa
,her clause" OF the Oklahoma Consti-
tuition and several other important mat
yers will be presented 30 the court be-
ginning April :.
The status OF those express com
panics which are joint stock associa-
tons under the interstate commerce
law is TO be determined in the case
Of the government against the Adams
Express Company. For q long time
The Adams Express Company has been
practically immune to suit. because IL
lis n Joint stock associa, lion. instead Of
a corporation. The commerce law re
uuires that common carriers" shall
comply with it's provisions, and. on the
ground that Adams Express Company
is common carrier in the same sense
that railroads are. the government in
stitutei proceedings in the United
States District Court for the southern
District OF Ohio. where the company
was indicted FOR charging rates for
the shipment of packages from Indian
npolis To Franklin. Pa There were
eleven counts in the indictment. the
company having charged. ii is alleged,
in each case more than the esta blishcd
-ate. On motion OF the express com
pany. the indictment was ouasheG, the
cour, taking the view that as 2 Joint
stock associat lion il could he convict
cd.
Vniuc OF Water Power Site.
The entire problem OF the value Of
a water power site complicated by the
conflict between the public and private
interstate in naveablc waters is in
brought by the government against
the Chandler Dunbar Water Power
Company. the ST Marys Power Com
pany and Clarence NJ. Brown. as re-
ceiver OF the Michigan Lake superior
Power Company. TO acquire title to
erection OF fourth lock TO relieve
the congestion in lake traffic at that
point. The Chandler Dunbar Com
pany holds Title, acquired by Vii
liam Chandler IN 1850. TO The
greater part Of the land involved Tn.
government asked the court 10 liz
the value or the land most Of which
IS prospective al $+5,is2. claiming that
as water power site IL was OF no
value because OF the governments con-
troll over the water OF 81. AlarYS
Rapids necessary for the operation OF
Ihc locks III the promotion OF naviga-
lion. The United states District Court
awarded the company ss52.5l2. From
his decision. both sides appealed to the
supreme G0lIl Enc other two COM
Taries were awarded {. much smaller
amount, and they also appealed
The question OF the legality Of the
sale OF patented remedies under license
At rates less than those fixed by the
owner OF the patent was certified 70
1he supreme Court for decision by the
Court OF Appeals Of tho District Of
Columbia, in the case OF The Bauer
Chemical Company against James
o'Donnell. Washington druggist
cDonnell sold Sanatogen AT less than
81 per bottle. the price fixed by the
sale license, and the chemical company
brought suit The District court itself
was unable 10 reach conclusion in
tho case and voluntarily presented IL
10 tho Supreme court
The question: OF the validity Of the
'rrandfathcr clause" of the Oklahoma
QnStilUllOI WAS also cCHllncf TO the
Supreme Court for decision ny the cir
Gait Court OF Appeals OF the Eighth
Circuit a; 81 Louis, in the case Of
Frank Quinn and j. J. i.cal or Okla
bona. who were convicted Of conspir-
ing to injure, Cypress and intmidate
negro citizens qualified to vote H. the
congressional election OF 1910 and sen.
fenced Ia one year IN the I.eavcnw
Ienitentiary.
They are members Of an election
board which sought TO enforce the
'Erandfather clause OF the State Con
stituuon. which provides in effect mat
the educational test FOR voters shall
not apply 10 white illitcrates. but ONLY
10 negroes Whether TINS clause is in
conflict with the Federal Constitution
or not as involved in this ease viii b,
determined by the Supreme Court,
Reclamation Inv.
The administration Of the reclama
ton law depends in large measure upor
the Supreme Court decision in the cas-,
"f Charles II. Swigart and X * TIFF
fany against -. y. Barker Barke,
owned lands in Yakima County. Wash
1ngton. irrigated from the Sunnysid,
INT Of the Yakima project lie re
fused To pay an assessment 0Ncd h,
the Secretary Of the interior for cos
OF operation ana inaih.cnance an,
asked for an injunction when me re..
lamation officers threatened 10 cut ~
his supply OF water. Whether the ROY
eminent can levy 40 assessment 10
cost of operation and maintenance !,
addition to the price hxed for the wate
right is the question 10 be auswer.,
by thN Supreme Court The t;rcui
Court OF Appeals dAcidcd that il conf
not, and appeal was taken 20 the hiehc
tribunal.
The claim Of the Mile Lac band .
Indians In Minnesota for lands allece
10 have been taken from Them in VIC
,ation OF a treaty, will also lie sub
Tntted 10 the Supreme Court for re
view. The Court OF Claims awarde
the Indians ss2f,5sO and the govern
ment appealed from this finding
The Supreme Court will also hear fo
seconG time arguments in the injun,
ton suit OF the Omaha Electric Ligf
und Power Company. to prevent th