El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-22


cases upon which the supreme
court is scheduled to render decis-
ions when it coavenes from its Febru-
airy recess on Monday brought to light
the fact today that the docket is 50
crowded that some of the. litigants
unless their cases are advanced be-
cause Of special Importance, viii have
70 wait for nearly three years before
they can hope for a verdict.
Chief justice White and his assO-
clates have been able to speed up in
the hearing OF important litigation,
out they have not been able to keep
pace IN the preparation Of decisions.
In consequence over $50 eases. which
have been heard, but upon which 10
decision has been rendered, are on
the docket for the coming session
Among these are the socalled state
railroad rate cases cases involving the
constitutiOnality Of the newspaper
publicity clause in the last pOstoffice
DILL cases involving the constitution
atty of the white slave act, the
Wisconsin pure food law the inter
mountain rate cases, the applica biliIy
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 year
Others to BE Added.
When the court resumes hearings
on Monday several other important
legal problems viii be added TO this
long list Among these is the Ques-
ton involving the Jurisdiction of the
interstate commerce commission over
common carriers in Alaska, as pre-
scented IN the governments suit TO dis
solve the alleged steamboat and rail-
road trust which has grip on the
entire traffic OF that territory.
The defendants in the case are the
Pacific and Arctic Railway and Nav
-
Steamship company the Canadian Pa
cific Railway company and the North
Pacific WharTes and Trading com
pany. The government charges that
these carriers are IN a conspiracy 10
maintain rates and divide the Alas
kan traffic among themselves. The
indictment was Quashed by the United
States district court Of the first di
vision Of Alaska on the ground that 1t
was without Jurisdiction to try the
case until the interstate commerce
commission has passed upon the val
iditE Of the rates From this decision
an appeal was taken to the supreme
court
indian Question to Come Up.
Another case set for hearing, On
Monday, the United States against
SandovaI, involves the question Of gov
eminent control over the Pueblo in
dams in the southwest SandOvaI was
indicted for bringing two quarts of
champagne into the Santa Cara Pueblo
IN New Mexico. In his defence he at
tackled the validity Of the provision IN
the enabling act retaining in the fed
eral government control over the In
dian lands He alleged that the Pu-
eblO indians hold their land by grant
through the kingdom Of Spain, that
they we're civilized indians and that
the restriction was invalid The in
dams themselves. who are highly IN
telligent and industrious, Joined n
the fight with the government to keep
even sent a delegation to the presi-
dent to place the deeds to their lands
in his keeping that he might exercise
the necessary control
The validity OF the punishment Of
"cadena perpetual, perpetual or life
imprisonment, is involved in the appeal
OF Juan PicO who was sentenced to
Bilibid prison in Manila for life for
killing Chlnaman- he protested that
cadenas perpetual was a cruel and IN
usual punishment taken from the old
Spanish law and was contrary to the
constitution The Philippine courts
rejected this plea taking the view that
the Spanish law had been misinter-
preted in the Philippine code and the
cadena perpetual did not mean i'm
prisonment with hard larbCr.
The court viii also pass upon the
suit Of grain dealers of Atlanta, Col
umbus, Macon and other Georgia
points to put an end to the practice
Of the Louisville & Nashville railroad
Of allowing the dealers OF Nashville,
Tenn. the privilege Of rebilling or re-
shipping grain received from AIissis-
sippf and Ohio river points at a through
rate. The interstate commerce com
mission issued an order forbidding the
practice on the ground that it was a
discrimination in favor of Nashville
against Georgia points. The commerce
court enjOined the enforcement Of the
order on the ground that the practice
was LEGAL and was maintained for
the purpose Of meeting water compe-
titien-
Queer Point at Issue.
whether the firing Of the big coast
defence guns over private property I
constitutes the taking Of property !
without due process OF law is the prob !
lem involved in the claim of Mary r. /
peabody Of Cambridge. Mass, owner
of the POcahOntas hotel at Kittery ]
point. Maine. She alleges that the 1
guns at Fort Foster destroyed the /
value Of the hotel property and asked 1
for 500. 600. The court of claims held 4
that the firing Of projectiles over the /
lands does not constitute the taking I
Of property and dismissed the claim. 4
The right Of the government to de !
nand the punishment Of individuals I
FOR fraudulent homestead proof is in 4
vowed in a case Of the United States 4
= rainst William George George was !
Continued on next page.)