The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-06-17
The
SUPREME
COURT
AND HOW
- 1T WORKS
"The Public Welfare''
By ROBERT MERRILL

ly been called upon to act as
umpire in cases where citizens
protested that their health or
their crops were endangered.
A number of such appeals have
resulted in the elimination of condi-
tons causing pollution of the water
an affected community must drink,
or contamination of the air it must
| breathe.
In one instance company made
a practice of discharging waste ma
terial into a river, whose waters,
farther along the course, were
utilized for irrigation purposes.
A citizen whose crops and food
supply were thus damaged obtained
an injunction in local court. The
company appealed to higher state
court, which modified the decree to
the extent which allowed it to oper-
ate if it provided facilities to pre-
vent the waste being carried down
the river. An appeal was then car
ried to the United States Supreme
court, which affirmed the ruling and
explained:
SIN giving a right to use the wat
ers of the public streams the
statute does not provide that such
a user may send his waste material
or debris down the stream to the
destruction or substantial injury of
the riparian rights of users of water
below, and no such invasion of pri-
vate property rights should be in
ferred or implied :. :"
State Seeks Fresh Air.
In another instance a state ap-
pealed to the Supreme court of the
United States to enjoin certain in
dustrial plants in a bordering state
from polluting the air and endanger-
ing the citizens health and crops.
The Supreme court granted the in
junction, pointing out that a state
has an interest in all the earth and
air within its domain.
''It has the last word" said the
opinion, 'as to whether its noun
tains shall be stripped of their for
ests and its inhabitants shall breathe
pure air"
On one occasion, church in
Washington, D. c., carried to the
Supreme court its appeal against a
railroad company which had erected
an engine house and repair shop
next to the church property. It pro-
tested that the noise and smoke thus
caused interfered with services and
greatly inconvenience worshipers.
The court decided in favor of the
church.
Handles Small Cases.
But the individual citizen, no mat
ter how obscure, does not need the
support of his state or any other
organization to appeal to the Su-
preme court if his Constitutional
rights have been infringed upon.
Naturally the Supreme court ap-
pears most prominently in the news
when it umpires cases involving
prominent names or great organiza-
tons; but its work includes also the
job of umpiring cases which, apart
from their constitutional aspect,
would seem of little importance.
Here's one case involving SIS
fine:
The penalty was imposed by a
District of Columbia police court
on a resident charged with conspir-
ing to extort money. When the pris-
oner refused to pay, he was turned
over to United States marshal.
He protested that the Constitu-
ton of the United States secured
to him the right to be tried by a
jury on the charge, and since that
right was denied, the police court
had no authority to impose fine on
him or to order him imprisoned
until the fine was paid.
Jury Trial Guaranteed.
Because of the constitutional as
pect involved, the case went finally
to the Supreme court. The court
agreed with the prisoner, and ex-
planned:
Except in that class or grade of
offenses called petty offenses which,
according to the common law, may
be proceeded against summrily in
any tribunal legally constituted for
that purpose, the guarantee of an
| impartial jury to the accused in a
criminal prosecution, conducted
either in the name, or by or under
the authority of, the United States,
secures to him the right to enjoy
| that YroO6e IF trial
In such cases a judgment of con-
viction, not based upon verdict Of
guilty by jury, is void"
G Western Newspaper Union.