The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1913-04-05
New and Perplexing Prob
lens Will be Put to Su-
preme Court When it Con-
venes Monday Morning.
MADE NO DECISIONS
ON RAILROAD RATES
Question of Enforcement Of
Interstate Commerce Law
Against Express Compan-
les to Come up Monday.
fNational News Association)

fNaffonal News Association)
WASHINGTON, April 5.-Several
new and perplexing problems, in ad-
dition to the score or more now under
consideration, will be put up to the
Supreme Court on Monday, when it
convenes to resume the hearing of
cases after the Easter recess. The
court has not yet delivered it's opin-
ions 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 be in
creasing rather than diminishing in
spite of the labors of the justices.
The question of the enforcement of
the Interstate Commerce law against
Express companies, a particularly
complicated condemnation proceeding
affecting the project for the building
of another lock at Sault Ste. Marie,
the constitutionality of the grand
father clause" of the Oklahoma con-
lstitution and several other important
matters will be presented to the court
beginning April Z.
Immune to Suit.
The status of these express compa-
nies which are joint stock associa-
tions 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 EXPIRES company has been
practically immune to suit because
it is joint stock association instead
of corporation. The commerce law
requires that common carriers" shall
comply with its provisions, and, on
the ground that Adams Express COM
ipany is common carrier in the same
sense that railroads are, the govern
ment instituted 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 Indianapolis to Franklin, Penn
sylvania. There were eleven counts
in the indictment, the company having
charged, it is alleged, in each case,
more than the established rate. On
motion of the Express company the
indictment was quashed, the court
taking the view that as joint stock
association it could not be convicted.
The entire problem of the value of
a water power site complicated by the
conflict between the public and pri-
vate interstate in navigable waters is
involved in three condemnation suits
brought by the government against
the Chandler-Dunbar Water Power
company, the st. Mary's Power c.,
and Clarence M. Brown as receiver of
the Michigan Lake Superior Power
Co. to acquire title to lands adjoining
the 500 locks for the erection of a
fourth lock to relieve the congestion
in lake traffic at that point. The
Chandler-Dunbar Co., which holds the
title acquired by William Chandler in
1880, to the greater part of the land
involved. The government asks that
court fix the value of the land most
of which is prospective, at 45,462,
claiming that as water power site
it was of no value because of the
government control over the water of
st. Mary's rapids necessary for the
operation of the locks in the promo
tion of navigation. The United States
District Court awarded the company
$652,312. From this decision both
sides APPEALED to the Supreme Court.
The other two companies were award
ed a much smaller amount and they
also APPEALED.
Sale OF Patented Remedies.
The question of the legality of the
sale of patented remedies under lie
ense 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 Columbia in the case of the Bauer
Chemical Company against James
O,Donnell, Washington druggist.
O'Donnell sold Sanatogen at less than
$1.o0 per bottle, the price fixed by the
sale license, and the chemical CON-
itself was unable to reach a decision
in the case and voluntarily presented
1t to the Supreme Court
The question of the validity of the
grandfather clause" of the Oklaho-
ma constitution was also certified to
the Supreme Court for decision by the
Circuit Court of Appeals of the sth
Circuit at st, Louis in the case of
Frank Quinn and +. j. Beal of Okla
homa who were convicted of conspir-
ing to iniure, oppress 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
enforce the grandfather clause of
the state constitution which provides
in effect that the educational test for |
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