The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1913-04-06
HIGHEST COURT
FACESPRObLEMS
Several New Cases Are Before
Supreme Tribunal, Which
Meets Again Tomorrow.
RAILROAD CASE PENDING
Patent Medicine Sales, Express Com
panies, and "Grandfather Clause"
to Be Decided.

lens, will be put up to the Supreme
Court next Monday, when IL convenes
TO resume the hearing of cases.
The court has not yet delivered it's
opinions In the railroad rate cases and
the more important judicial questions
That have been argued before 1t during
the present term still remain unde-
cldeo. But the congestion seems to be
increasing rather than diminishing in
spite OF the labors of the justices.
The question of the enforcement of
the Interstate commerce law against
express companies: particularly COM
plicated condemnation proceeding af-
fecting the project for the building OF
another lock at Saulte Ste Marie; the
constitutionality of the grandfather
clause" of the oklahoma constitution.
and several other important matters,
will be presented.
The status of those express COM
psnies which are joint stock associa-
lions under the interstate commerce
law is TO be determined in the case of
the government against the Adams
Express Company. For long time
the Adams Express Company has been
practically immune to suit because il
is Joint stock association instead of
corporation. The commerce law re-
CURES that common carriers" shall
comply with its provisions and. on the
ground that Adams Express Company
is common carrier in the same sense
that railroads are, the government in
'stituted proceedings in the United
States District Court for the Southern
jurisdiction OF Ohio where the COM
pany was indicted for charging rates
for the shipment of packages from In
dianapolis to Franklin, Pa. There were
eleven counts in the indictments, the
company having charged, it is al
legged. I'm each case more than the es-
tablished rate. On motion Of the ex-
press company the indictment was
quashed, the court taking the view
that as a joint stock association it
could be convicted.
Water Power Case Pending.
The entire problem of the value of a
water power site complicated by the
conflict between the public and private
interstate in navigable waters is in
Volved In three condemnation suits
brought by the government against
the Chandler-Dunbar Water Power Co,
the st. Mary's Water Co, and Clarence
NJ. Brown as receiver of the Michigan
Lake Superior Power Co, to acquire
title to land adjoining the 500 locks
for the erection OF a fourth lock to re-
lieve the congestion in lake traffic at
that point. The Chandler-Dunbar Co.,
holds the title acquired by William
Chandler in 1880, to the greater part OF
the land involved. The government
asked that court to fix the value of the
land, most of which is prospective, at
s45.I62, claiming that as a water power
site il was of no value because of the
governments control over the water of
st. Marys Rapids necessary for the
operation OF the locks in the promo
ton of navigation. The United States
District Court awarded the company
s652.312 From this decision both
mi
other two companies were awarded a
much smaller amount. and they also
appealed.
Washington Case Up.
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 to
the Supreme Court for decision by the
Court of Appeals of the District of CO.
lumbia in the case of the Bauer Chem
ical Company against James O'Donnell,
a Washington druggist. ODonnell
sold Sanatogen at less than s1.00 a
bottle, the price fixed by the sale IL
cense. and the chemical company
brought suit. The District Court itself
was unable to reach a conclusion in
the case and voluntarily presented it
to the Supreme Court.
The question of the validity of the
grandfather clause of the Oklahoma
constitution was also certified to the
Supreme Court for decision by the Cir
cult Court OF Appeals of the Eighth
circuit at st. Louis, in the case of
Frank Quinn and J. ]. Beal, Of Okla
bona, who were convicted of conspir-f 4
ing to injure. Cypress. and intimidate
negro citizens qualified to vote in the
Congressional election of 1910, and
sentenced to one year in Leavenworth
Penitentiary. They are members of an
election board which sought to en-
force the grandfather clause" of the
State constitution, which provides in
effect that the educational test for vot-
ers shall not apply to white illiterates
but only to negroes. Whether this
clause is in conflict with the Federal
Constitution or not, as involved in this
case, will be determined by the SUI
preme Court.
The administration OF the rcclama-
ton law depends in large measure
upon the Supreme Court decision in
the case of Charles III. Swigart and r.
X. Tiffany against d. p. Barker. Bar
ker owned lands in Yakima County,
Washington, irrigated from the Sum-
nyside unit of the Yakima project. He
refused to pay an assessment fixed by
the Secretary OF the Interior for cost
Of operation and maintenance and
asked for an injunction when the rec
lamation officers threatened to cut on
his supply of water. Whether the gov
eminent can levy an assessment for