PAYNE v. UNITED STATES ex rel. THE RAILWAY LIST CO.

PAYNE v. UNITED STATES ex rel. THE RAILWAY LIST CO. No. 1232. Submitted November 7, 1902. Decided December 3, 1902. Hearing on an appeal by the respondent from an order of the Supreme Court of the District of Columbia, directing the issue of a writ of mandamus. Affirmed. Mr. Ashley M. Gould, United States Attorney for tbe District of Columbia, and Mr. H. H. Glassie, Assistant, for tbe appellant. Mr. Charles W. Needham and Mr. H. B. Needham for tbe appellee. [MAJORITY — Mr. Justice Morris] Mr. Justice Morris delivered tbe opinion of tbe Court: Tbis case was argued with that of Henry C. Payne, Postmaster-General, v. The United States ex rel. The National Railway Publication Company, just decided, ante, p. 581. Tbe facts and circumstances are similar in botb, and tbe questions of law involved are tbe same. Our conclusion in it necessarily follows that of tbe previous ease. Tbe order appealed from will be affirmed, with costs; and the cause will be remanded to the Supreme Court of the District of Columbia for execution thereof. And it is so ordered. Mr. Justice Shepard dissented.