The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-06-10
EXPRESS CO. CANNOT
ESCAPE REGULATION
Must Submit to Interstate Com
mpwe Body. Although
Not a Corporation.
TuRPENTlNE MEN WIN
supreme Court RpvprseS Prison
Sentence on Account
Of Errors.

WAsniNGroN. June 2. An express
company cannot escape regulation by
the Interstate Commerce Commission
because it is a joint stock association in
stead OF corporation. This was de
cidcd to-u day by the supreme Court in
he case Of Adams Express Company.
which successfully resisted suit
brought by the Goversment in the
southern District Of Ohio charging the
company with violating the interstate
commerce act.
The statute in prohibiting certain
practices mentions corporations a.
| being forbidden to engage in them.
and the express company took refuge
behind the fact that II was not
corporation. The Federal court for the
Southern District of ONO sustained "A
| demurrer tn Il compliant filed by the
| Government against the Adams Express
Company ON the ground that the com
pany was joint association and not
| corporation The Supreme Court to-
| dav reversed this decision and re-
| ma ndpd the case with directions 10
! the lower court to proceed with the
| trial
| 1T has been notorious for years.
| said Justice Holmes. who delivered the
| opinion. that some of the great express
| compa nies have been organized as stock
| compa MES for the express reason. 1t
| seems to evadA this law.
polntin. out that 1t was clearly the
| intent Of Congress originally to include
express companies. Justice Holmes
added that II there were any doubt as to
the original intent TO include them it
| aA ht-
| amendments to the law. which have
applied 1T specifically a. express com
panies.
| Turv~ustn~ UecisiOn R-~~rsed.
| Edward : Nash and the other officers
| in the Naval Stores Company. or the
| so-called "turpentino trust. VINO were
| convicted of a criminal conspiracy un-
der the Sherman law on proofs that
| they conspired to raise prices OF GER
| tain products. will not have to serve
sentences under the present conviction.
They were the first tried officials ever
sentenced to prison under the Sherman
law
The case came to the Supreme Court
on writ OF certiorari TO the Circuit
ICourt OF Appeals for the Firth Circuit.
IL originated In the District Court for
the southern District of Georgia. While
the court in an opinion ny Justice
Holmes. reversed the judgment Of the
Court OF Appeals and the trial court
and re,na anded the case for a rehearing.
the reversal was based on errors in the
instructions to the Jury by the trial
Judge.
The court upheld the criminal pro-
vision OF the Sherman law which was
attacked by former Senator John G.
Spooner in his argument on the appeal.
He insisted that the statute was not
intended to be "A penal enactment: that
there was 50 much doubt as to lust
what It permitted and what II was in
tended 10 prohibit that the defendants
could not know when they We're violat
ing its provisions. and that generally
ii was void for uncertainty.
| Justice Holmes. in his opinion. up
held ihe law az u criminal statute. and
IN doing lie paved the way for affirm
ing the sentences OF many other per
sons who have been convicted under
Indictments for violating the penal pro-
visions of the law The officers OF the
trust escaped on account Of errors In
the charge OF the presiding Judge.
Justice Titney disseni.d from the
Judgment of the court.
That street car lines are not under the
Jurisdiction OF the Interstate Commerce
Commission was to-day decided by the
court in an opinion by Justice Lamar in
a case involving street railroad tina,
runs between Omaha. Neb. and Council
Bluffs. Ia. crossing the Missouri River
bridge.
The court, In an opinion by Justice
Holmes. affirmed the Judgment of the
. Supreme Court OF New York in deny inG
the claim OF James 7. Mcoovern for ad-
. ditional allowance from the city OF New
York on account OF the taking Of hi,
property for the Ashokan reservoir