Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1917-03-10
VIRGINIA DEBT Up /
tContlued from page -

Challenges Supreme Court Power.
West Virginia's brief is direct
challenge to the power of the Supreme
Court to force payment of $4,000
GOO judgment Judge Holt and Mr..
Lilly thus summarize their grounds
III aos ETAoIN l,w ETAOIN ETAO
in asking the discharge Of Virginia's
petition for a special tax mandamus:
First: a writ mandamus from the
Supreme Court of the nation coerce
in the legislative department of
State and compelling it to enact a
revenue law or to lay a tax for State
purposes, would infringe upon the con
stitutional rights of States expressly
reserved unto them by the Tenth
Amendment to the Federal Constitu-
/ ton.
Second-The constitutional grant
OF jurisdiction to hear and determine
controversies between states does not,
include, as an incident to such juris.
diction, the power to enforce a judg-
ment, rendered in the exercise there.
of, by a writ of mandamus addressed
to state legislature, coercing and
controlling it in the exercise of its
legislative functions.
"Third-Such a writ for such a pur
pose would be contrary to the princi
pies and usages of law and does not
fall within the category of final writs
against the state.
Fourth-It is not the office Of &
writ of execution. nor can it be of anv
writ used as substitute therefor. to
create property, by legislation or 9th
erwise, for the satisfaction of a debt
but. only to, seize and subject prop
erty in existence for that purpose.
Former Attorney General Lilly. ap.
peared for Mr. England who is ill.
horn Must Stand Trial.
Warner Horn, the German reservist
lieutenant who dynamited the interna-
tienal bridge near Vance boro, Me.
In 1915 yesterday lost his habeas cor
pus suit in the Supreme Court in
which he sought to avoid being tried
at Boston for alleged transportation
OF explosives on passenger trains.
The court did not decide Horns
contention that, in belligerent act
against Canda. his German Army com.
mission exempted him from American
prosecution and made him punishable
only by the State Department. The
court said Horns appeal was not au
thorized and dismissed it.
Discount in Duties Invalid.
the clause in the Tariff law grant.
ing a per cent discount in duties
to imports brought in American ships
or ships of nations with which the
United States has favored nation
treaties was annulled as unconstitu
tional.
Through Justice Homles, the court
held that the discount clause, design
ed to aid in upbuilding the American
merchant marine, was imperative al
together because it conhictea with
existing treaties. 1t was held inapDli
cable to both American vessels ana
to those of % foreign nations hav.
ing treaties.
New York's Compulsory Work
mems Compensation law, the Iowa
statute of similar import, voluntary
upon employers, and the first com
pulsory compensation act to come be
fore the court-that of Washington
State-were upheld as constitutional
THE New York law cannot be said
10 be arbitrary and unreasonable from
the standpoint of natural justice.
said Justice Pitney ION the grounds
W al JuStiSts II Is not u0feaSOn-
able to require the employer to con.
tribute a reasonable compensation for
loss of earning power Neither is il
arbitrary or unreasonable from the EN-
ployes' standpoint"
! The court also held that the New
York law applies to railroad employ.
es injured in interstate commerce in
the State.
Justice Pitney further said the com
mon law rules were not beyond al
teration by the states. 1t was held
that employees have no unalterable
right to common law defenses in per.
scnal injury damage suit.
Employees Subject to State Act.
The court also affirmed dismissal
by lower Federal courts of personal