Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1914-10-13
BUSY Session Of
Supreme Court
Questions Affecting Ameri-
cans Up For Argument
Before High Tribunal
RAILROAD RATE
CASE IS LISTED
By The United Press.

By The United Press.
WASHINGTON, Oct. l3.-Argiments
ON points, the decisions on which viii af-
feet virtually cvery man. woman and
child in the United States we're begun
today before the United states Supreme
Court. As an illustration. every owner
OF railroad stocks or bonds in the couu-
try, and every person interested In state
taxation questions, and every person who
pays to ride on trains is interested in
the case of the Norfolk and Western
Railroad Company against the State OF
West Virginia. This is one of the cases
for early argument by the Supreme
Court, and is the first on the list.
While barking back to the question Of
couiiscatory rates, the argument in this
case rests ON the point whether any one
rate can be coniiscatory, unless the en-
tire rate system of which il is a part
is coniscatory. Assuming the contention
OF the railroad attorneys that the two
cent fare law results in the company not
receiving enough revenue from its intra-
state passenger traffic to yield IL profit
TO be correct. and this is virtually con
cedcd by the attorneys for the state, the
question is put up TO the court "Is that
sufficient to declare the rate confisca-
tory3"
The State of West Virginia holds that
il is not. The state contends that all OF
the business of the Norfolk and Western
within the State of West Virginia is
profitable, and that il is beside the point
TO pick outh the passenger traffic, and
say that this particular line of business
does not pay. Incidentally, the figures
of the states experts as produced in the
lower courts, show that the revenue from
the 2-cent tickets give the company just
about operating expenses. so that a clear
case is established as this would yield no
return ON the Investment The company's
experts figure that it does not even pay
them to haul the business at the two
cent rate, but that il is not the question
which is put up to the Supreme Court
This question is made of more interest
because Of the recent five per cent. rate
decision of the Interstate Commerce
Commission, which suggested TO the rail
roads, in denying the full measure of in
creases in freight rates asked for, to
raise their passenger rates as many oil
them we're Improbable.
Another case set for early argument
Of great interest to railroad men is that
of the Pullman Company versus w. v.
Knott, as comptroller Of the State of
Florida. This case concerns the validity
of the state act taxing the gross earnings
Of all sleeping and dining cars within
the limits Of the state, one and one-half
per cent. in addition to advalorem and Ii
cense taxes.
Argument on the so-called Book
Trust" case will also be begun at
once. This is the case of l. and u
Straus, CR H. Macy and Company
\ against the American Publishers AS.
sociation. Because Macy and Com
pany refused TO agree to maintain &
h fixed retail price for copyrighted
books sold TO 10 by members Of the
association, IL is charged that all its
members refused TO sell their books
and publications to the department
store, causing It a loss OF S125,0OO.
The suit is under the antitrust law,
and is to recover treble damage.
Title to valuable oil lands in Cali
fornia hangs on the arguments In
the case Of Antonio Maria Peralta
and others against the State OF Cali
fornia. In patents issued prior to
1877, IL is alleged. fraudulent surveys
we're inserted. The title to this enor-
mously valuable land dates back TO
an original grant by the Governor Of
Alta to Luis Peralta, in 1920.
A most interesting case to the
white people Of the South set for
early argument is that of Carl oliver
against the State of Texas. Oliver
is a negro and was indicted for the
murder of Robert ID. Stanley in June,
no hnr
dragging its way through the courts.
The question which will be put up to
the Supreme Court for decision, how
ever. is the fact that all negroes were
excluded from the Grand Jury, and
only white men were permitted to
serve.
The effectiveness Of the meat in
spection act is thought by govern
ment officials to hang upon tho de-
cision of the case of the u. 8. versus
Charles Lewis, Lewis Howard, Fred
Williams and James McBee. These
men were charged with violation of
the meat inspection law by destroy
ing government seals on freight cars
containing meat and meat products.
Their guilt is not the question which
is put up to the Supreme Court, but
whether the law exempted persons
other than those engaged in the
business of preparing meats for
Transportation" or in carrying or
assisting In the carrying Of such
meats in interstate transportation"
The government comedies that these
men can not be convicted If 1t is held
that these two classes are alone af-
y fected by the law
A somewhat similar question will
be argued before the Supreme Court
in the case Of the United States
versus William c. Nixon, W. b. Bid
die and Thomas n. West, receivers
for the st. Louis and San Francisco
Railroad Company. The receivers
we're indicted for failure to placard
their cars and to stamp the words
Southern Cattle" upon>waybills man
ifests and bills of lading The lower
court quashed the indictment on the
ground that the act did not include
receivers of railroad companies.
Who should bear The expense OF
maintaining an immigrant while he
is under suspicion of having some
disease. and as a result is detained
in quarantine after being allowed to
leave the ship on which he came TO
this country is the point TO be argued
in the case of the G. S. versus the
Holland American Line. The govern
ment is suing for S2,167.SO for main
tenance of a number Of immigrants
so detained.
Whether the code Of Alabama is in
violation of the thirteenth amend