Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1914-10-13
ARGUMENTS BEGUN
IN SUPREME COURT
INVOLVE EVERYONE
Question of Court Decisions
on Railroad Rates, Meat
Inspection and " B o o k
Trust Among Those at
Issue.

WASHINGTON, Oct. 13.-Arguments,
4 the decisions on which will affect vir-
tualiy every man. woman and child in
che United States, were begun today be-
fore the United States Supreme Court.
i As an illustration, every owner of rail-
1 road stocks or bonds in the country, and
avery person Interested In state taxation
Y questions, and every person who pays to
ride on trains, is interested in the case
~ the Norfolk and Western Railroad
Company against the state of West vir-
q ripia. This is one of the cases set for
4 early argument by the Supreme Court,
and is the first on the list.
While barking back to the question OF
eoniscatory rates. the argument In this
case rests on the point whether any one
rate can be conf1scatory, unless the en-
tire rate system of which 1t is a part
is conhscatory. 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 It a profit
to be correct, and this is virtually con-
ceded by the attorneys for the state, the
question is put up to the court-Is that
sufficient to declare the rate confiscatory?
The state Of West Virginia holds that
II is not; that all the business Of the
Norfolk and Western within the State is
profitable, and that It Is beside the point
to pick out the passenger traffic, and
rtI ~ h,tei
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 gives the COM
pany just about operating expenses, so
that a clear case is established, as this
would yield no return on the investment.
Tho company's experts figure that 1t does
not even pay them to haul the business
at the cent rate, but that 1t Is not the
question which is put up to the Supreme
Court.
This question Is made of more interest
because of the recent per cent. rate de-
cision Of the Interstate Commerce COM
mission, 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 OF
them were Improbable.
Another case set for early argument of
great interest to railroad men Is that of
the Pullman Company against w. v.
Knott, as Comptroller of the State of
Florida. This case concerns the validity |
of the State act taxing the gross earn |
ings of all sleeping and dining cars with
In the limits of the State III per cent,
in addition to ad valorem and license
taxes
Argument on the so-called book trust"
case will also be begun at once. This Is |
the case of I. and u. Straus (R. H. |
Macy & Coz against the American Pub |
fishers Association. Because Macy & |
Co. refused to agree TO maintain a fixed |
retail price for copyrighted books sold to |
1t by members of the association, 1t Is |
charged that all its members refused to |
sell their books and publications to the |
department store, causing II a loss OF |
S125.000. The suit is under the antitrust |
law, and Is to recover treble damages.
A most interesting case is that of Carl |
Oliver. against the State of Texas. oliver |
is a Negro indicted for the murder of |
Robert d. Stanley in June. 1910. Negroes |
were excluded from the Grand Jury.
The effectiveness of the meat inspection |
act is thought by Government officials |
10 hang upon the decision of the case OF |
the United States against Charles Lewis, |
Lewis Howard. Fred Williams and James
McBee. These men were charged with
of the meat inspection law In |
Government seals on freight |
cars containing meat and meat products. |
Who should bear the expense of main
taining 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
he argued in the case OF the United States |
against the Holla Id American Line. The |
is sung for s2167S0 for main
tenance OF a number of immigrants so de-
tained.
Whether the code OF Alabama is In
of the Thirteenth Amendment is
the question in the case OF the United
States against l.. A. Reynolds and q. w
Broughton. 1t is charged that the de-
fendant held r, W. Fields in a state OF
peonage to work out a debt.
Three cases in regard TO the Oklahoma
guaranty of bank deposits law have been
set for early argument before the court.
A case somewhat similar to that OF the
Norfolk and Western against West Vir-
glnia is that OF the Northern Pacific Rail-
way Company against North Dakota,
which has also been set for early argu-
ment. This case involves the constitu-
tionality OF law of that State fixing coal
rates so low as TO yield the carrier moth
ing for the use OF his property, though
providing enough revenue for the actual
of the coal, The lower court
held that II all the intra-State business
showed a profit, no single rate could be
held to he conflseatory.
The famous Terminal Railroad Asso-
citation of st, Louis will figure in the case
OF the United States against that Asso-
citation. when the Government will argue
that the order of the Supreme Court in
previous case has not been carried out In
many particulars by the lower court. and