Show SUPREME ME COURT OPINIONS AS TO SIGHTS RIGHTS OF RAILWAYS Nebraska Law Declared Unconstitutional UnconstItutional and Halt Called on Arkansas Courts Washington April 4 Emphasizing the rights of railroads the Su Sn Supreme Supreme preme Court of the United States today declared unconstitutional the law of Nebraska requiring railroads to build switches to all grain elevators along their tracks upon request and called a halt on the attempt of the tho state of Arkansas to penalize an interstate railroad for failure to supply cars enough to accommodate interstate traffic In announcing the opinion In the tha No Ne Nebraska braska case Justice Holmes asserted although the state possessed certain po police police lice powers and railroads must fulfill the purposes for which their charters were granted yet railroads like other own owners owners ers era of property have rights protected by bythe bythe the constitution lIe He held their property could not be taken without compensation tion tIn as he lie said the law proposed to do doIn doin doin In requiring the railroads railroad to build switches to the elevators Tho The constitutionality of ot the Nebraska statute was wan first attacked att in the courts of or Nebraska The law was passed pa d as 8 a result of agitation against the alleged combination In the state between grain dealers and the of elevators to control the price of grain Shortly after the passage of ot If the law farmers In the vicinity of ot Manley web leb weba leba s eb eba a little town of 9 inhabitants dissatisfied tied fled with the tha price offered by the own OWl 4 ers er of the two elevators elevator en the Missouri Pacific right of ot wily why constructed con their own elevator but the railroad officials refused to give them switching facilities as required by bi the tha act net of 1936 ISo 1 The state thereupon Brought action to recover the penalty Imposed by the th stat statute statute statute ute Judgment for was awarded the tha th state From this an n appeal was taken to tHe supreme court Justice Holmes In announcing the opinion opinIon ion of the supreme court held the law unconstitutional However he said it was agreed that the law had been emended so 80 as to gIve the tbt th railroads compensation for the tak ing of their property He had looked at the statute as amended and found this was so eo yet as II the case before the court originated d before these amendments be became became came caine effective the th decision of the Ne Na Nebraska Nebraska braska courts must be revernd d on Page Two p f cr I SUPREME E COURT OPINIONS OPI S SON ON RIGHTS OF RAILWAYS RAILWAY S Continued From Page Pago One prejudice to the cases casell arising under the law taw as amended Justice J White In announcing the ion in the Arkansas sas case coe spoke of th the c right of the railroads t to o salt sail under the th flag flap of the constitution rather than the black flag nil in using this language in t n na thi announcement of the opinion Jus Ju a nn tice White was VM reT to tho the decision d n of the supreme sU reme court of Arkansas which discussed the fact tact that tho the St Loul Lau 6 Southwestern railway was WIlS unable to fur tUr furnish fish nish more moro cars for local traffic because e of the requirements of the American Railway association as to cars cLU going out ou t of or the state of or Arkansas The Arkansas s court had said It might be better for tor the appellant t to 0 suffer uffer these Ills than to sail under a blac k flag nag and refuse to send end Its cars beyond Its It s lineIn line lineIn lineIn In tho the written opinion the rights of ot th the e railroads ads were phrased somewhat differ differently differently r from what they were In the oral or al explanation of the court Among other decisions the court upheld d the act of ot Arkansas prohibiting drumming g gup up of business by physicians and hotel keepers on trains The supreme court today decided the th e case casa of the Southwestern OH Oil company vs the State of Texas in Sn favor of the th state thus upholding the constitutional constitutionality ity of the Texas law which fixes a tax of 2 per cent on the gross receipts from tho the sale of ot oil naphtha etc eta etaIn In announcing the decision Justice HarIan Har Harlan Ian lan held a classification of wholesale 0 i dealers as all distinct from retail dealers for purposes of taxation was a proper prope r exercise of power possessed by the state An opinion by the late Justice Brewer was wae today made a part of ot the supreme e law of the land by the supreme court The late lab justice had prepared the opinion ion ton of or the court in n the tho controversy in Louisiana over the MoEner McEnery land scrip and decided It in favor tavor of ot the holders of the scrip In BO so doing he affirmed the Judgment of the supreme court o of f Louisiana in the case of J W V Frellsen Co against A W V Crandall register In the land office The supreme court today affirmed the decree of the federal court of Hawaii sen sentencing sentencing John to be hanged on 00 a n charge of ot having murdered Archibald Me Mo The city of ot Los Angeles was given the tha paramount right so far as the Los An Angeles Angeles Angeles geles Farming Milling company is con concerned concerned concerned to take and use all nil the waters Of the Los Angeles river by a decision of the tho supreme court The supreme court today failed tailed to an announce announce announce any decision in the Standard Stardard Oil suit tho the tobacco suit or the tha corporation n tax taK ta cases cal 8 No announcement was made mad madas e as itS to the possibility of a reargument of any of those cases |