Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-12-04
NEW YORK WINS
BANK TAX SUIT
Cut Rate Dealers in Books Are
Victors by Supreme Court
Decision.

prenc court yesterday WnlCh VIII add PC
tween %S3,OCO.Ooo and 100000 . its reve-
nues when It's right was upheld to tax
stock OF ratio lal banks without deduct-
ing the Indebtedness of the owners of the
stock.
New York city officials sought to tax
the Amoskcag Savings bank of Manches-
ter, y. H., in 1895 on stock IT owned in the
American Exchange National bank and
the Chemical National bank. both New
York institutions, without making a de-
duction of the Indebtedness Of the New
Hampshire bank.
The officials based their action OF sec
ton p Of the New York state tax law.
which provided for a tax on the stock of
local banking institutions ana which de-
MED the owners all right to deduction
for any Indebtedness The New Hamp-
shire bank claimed a right to the deduc-
ton under the federal laws relating to
national banks.
Justice Pitney, for the supreme court,
said the New York tax law did not con-
flct with the federal law.
VICTORY FOR CUT RATE BOOKS.
cut rate dealers in copyrighted books
won a victory also when the Supreme
Court held that agreements between pub
fishers and regular booksellers not to srii
books to those who resell to the public at
less than the prices fixed by the publisher
violated the sherman antitrust law.
Justice Day. announcing the decision,
said violation was not avoided by the
benefits of the copyright law.
R. IT. Macy & co. brought the suit
against the American Publishers associa-
tion, comprising about - per cent. of the
publishers in the United states and GER
tain dealers who comprise ~ per cent. Of
the wholesale and retail book dealers.
The court approved for the present the
practice of railroads terminating at Jer-
sev City allowing lightcraEe charges to
the Brooklyn Eastern Terminal on freight
TRANSPORTED from Brooklyn to jersey city.
The interstate commission con-
tended that the criminal company was in
reality Arhuckle Brothers sugar ~rcfners.
and that the lighterago charge was a dis
elimination against the Federal Sugar
Refining company at Yonkers. n. Y.
The only comfort for the govern
nent Has that the court expressly re
lerved decision as to whether the
uEar so liEhtered came within the
meaning of the commodities clause.
The court hel1 the point had not been
,aised by the government.
TAX ON MINING SUSTAINED.
Mining corporations must pay the
incorporation tax imposed by the
?ayne-Aldrich tariff act, according to
he decision of the court. Eight or
ten million dollars have been paid to
the government by such corporations
under protest and 500 suits and claims
were started to recover the money,
The case came to the court through
STATIONS Independence, limited, of
Colorado, which unsuccessfully con-
tende that proceeds from ores mined
by u corporation from its own prem
Uses was not Income" within the
meaning of the corporation tax law,
but a conversion of capital into mon
ey.
The court also held that the corpor-
ations were not entitled to deduct the
values of ore before it was mined as
"depreciatiOn.' Chief Justice White
and Justices McKenna and Holmes
dissented on this latter point.
Rates on grain and thor commodities
over the Louisville 4 Nashville railroad
were approved in the kentucky State
rate case. The decision Of the federal
court In that state was affirmed.
The McChord law, enabling the Ken
lucky State railroad commission to fix
reasonable rates on intrastate business,
was held valid. The Louisville & Nash
vile contended that the rat S affected
largely grain shipped from Ohio, Indiana
and Illinois to Kentucky cities and had
the effect of lowering interstate rates.
STATE TAX ON AGEN rs UPHELD.
The principle was laid down by the
agents furnishing information as to the
financial standing of business men In a
community to a commercial rating house
in another State is subject to State "oC-
cupation" taxes and does not come under
interstate commerce.
The court upheld the constituttonality
Of the Kentucky law taxing the occupa-
ton of attorneys who furnish such III.
formation.
The Illinois child labor law was sus.
tained as constitutional in the case o,
Arthur Beauchamy. Is years old. who
recovered a verdict Of $500 from tn,
Sturges & Burn Manufacturing company
for having his hand laCerated in a press
Justice Hughes announced the decision.
~ eAtb III LII
ground that the boy represented that hc
was more than IS and, being moro team Il
should be held responsible for his state,
ment. The court held the COMPANY en-,
ployed him Mt its peril.
OTHER CASES DECIDED.
Among the other decisions was one up
holding tho federal law of 1912 valldatin.
conveyanceS Of land by the Union Pacih,
railroad within its right Of way and pro
viding for the application of local rules o
adverse possession, but it was interpreted
as not being retroactive so as to max,
effective occupation prior to its passage
The lights of hundreds Of settlers ar,
laid to be determined by the decision.
An appeal from the Indiana suprem,
courts decision enioining former Gov
ernur Marshall from submitting to tn,
voters at the November, 1912, election Z
draft Of a proposed new constitution pre-
pared by the Legislature was dismissed
for want of Jurisdiction.
The LackaWanna railroad must pay
12,OO fine for transporting its own ha,
o feed mules in its mines. That, in tn
opinion OF the court, was a violation o
he commodities clause of the Hepburn
aw, and a conviction in a lower cour
VAS sustained.
The uniform system of accounting pre-
scribed by the interstate com
mission for railroads was upheld by tn
court.
Floating barrooms in navigable water
within harbor limits of cities must com