The Washington herald., 1913-12-02
PRECEDENTS SET
BY HIGH COURT
Supreme Tribunal Decides
Many Cases Of National
Importance.
BOOK TRUST" LOSES
Vice President MarshalPs Indiana
State Constitution Is Perma-
nentiy Downed.
BOOK TRUST" LOSES

The Supreme Court yesterday upheld
the constitutionality of the New Yorl;
State tax law, and affirmed the right of
New York City to collect a per cent
franchise tax on the securities of the
national and State banks, the assessment
value being represented in capital, sur
Plus, and undivided profits.
The opinion was rendered by Associate
Justice Pitney The validity OF the law
was contested by the Amoskeag Savings
Bank, of Manchester. n. H, which re-
sisted payment of the New York City
franchise tax on its holdings of New
York bank securities. 1t alleged discrim-
ination and charged error in the method
OF ascertaining assessment value Of the
securities.
Other decisions rendered by the court
were:
A new constitution proposed for the
State of Indiana by the legislature of
that State, and which had been pre-
pared under the direction of Vice Presi-
dent Marshall. then governor. was put
to sleep permanently. The Supreme
Court dismissed a petition filed by at
torn"vs appointed by Gov. Marshall for
a writ Of error to the Indiana Supreme
Court, which had affirmed the Judgment
nor and other election officers of that
State from submitting the new constitu-
tion to the voters for ratification at a
general election.
The grounds OF objection of the enc
mics of the new document were that
Gov. Marshall had not followed the re-
quirements of the Indiana State ccnstitu-
tiCn in amending and redrafting the
States charter. The constitution was
drawn in 1911 to be voted on in 1872
River saloons Must Pay.
The Illinois child labor law prohibiting
the employment of boys under sixteen
years of age at dangerous occupations
was declared valid.
Floating barrooms on the Mississippi
River were declared to be subject TO the
l:Cuor license laws of the various States
bordering on the river.
The so-called book trust was denied
the right to maintain arbitrary sales
prices on copyrighted books, the courts
deciding that department stores and
booksellers had right to sell such books
at less than the price fixed by the
publishers.
The Kentucky law taxing credit COM
panies SlOO annually was declared to be
constitutional
The government was declared to be
entitled under the Federal corporation
tax law to collect increased sums OF
revenue from mining corporations operat-
ing in the United States
The right OF United States customs Of
fcers to seize and declare forfeited goods
imported under fraudulent consulaU in
voices and undervalued by the consighers
was affirmed.
Kentucky Law Approved.
compulsory system of railroad ac-
counting prescribed by the Interstate
Commerce Commission for use on all rail-
road lines under its Jurisdiction was
formally approved. An appeal has been
made by the Kansas City Southern Rail-
way on the ground that the system was
unreasonable.
A fine of 5000, imposed on the Della
ware. LaCkawanna and Eastern Railroad
for alleged violation Of the commodities
clause of the Interstate Commerce act,
was affirmed.
The maximum freight rate law of Ken
lucky, citing a State Railroad commits
sion, was approved.
In suit brought by a. Goldberg, of
Vancouver, B. c., to compel the Secre-
tary OF the Navy to deliver to him the
condemned cruiser Boston, which he
claimed to have purchased for $4,000, de-
cision was rendered in favor of the gov
ernment
Chinese Company Wins.
The Commerce Courts decision uphold
ing the practice. of the railroads in grant
ing lighterage allowances in New York
Harbor was upheld.
An appeal brought by the Eastern Ex
tension Australasia and China Tele-
graph Company from the decision of the
Court of Claims, denying its right to
bring before il an action for payment by
the government OF an annual subsidy
IL