The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-04-03

Washington, 2.-Jn the Supreme
Court to-day a decision was rendered
in the bond case of the Mayor and
Alderman of the city Of Savannah,
Georgia, vs.. Ecen Kelly, which
was suit to enforce the guarantee
Of the city endorsed on q series OF
bonds Of the Savannah Us Albany and
Gulf Railroad. The court holds,
that the act of the state, by the stat
utes of 1888 authorized that the
guarantee lie made by the City of
Savannah upon the bonds Ofthe rail
road company and that it cOnsti-
tuteS valid and SubslVting liabjI-
ity. The Judgment Of the circuit
court is therefore affirmed,
We suppose another decision was
rendered, as the appended would in-
dictate, but the title of the case and
other particulars are omitted, and
it is given to the reader ia the
" Ineligible " manner in which it
was receiVed-EDs,]
An eD post fGcto law and as such
TepugnanC to the constitution Of the
United States. Justice Miller, IN a
long and carefully written opinion.
rendered the decision of this court.
which may be briefly summed up as
follows: We are of the opinion
that any law passed after the COM
mission of an offence which, in the
relation Of that offence or its con-
sequences alters the situation Of
party to his disadvantage, is an eS
post factO law. No one can be crim-
lnally punished in this country ex-
cept according to law prescribed
for his government by a sovereign
authority before the imputed of
tense was committed, and which
existed as a law at the time. The
provisions of the constitution of
Missouri which denies TO the plain
tiff in error the benefit which the
previous law give him, of aequitt2l
OF the charge of murder in the FIRST
degree on conviction of murder iE
the second degree is, as to this case,
an eG post fd0tO law within the mean
ing of the Constitution of the United
States, and for the error Of the
supreme court of Missouri in hold
ing otherwise its judgment is re-
veTsed, and the case remanded to it,
with directions to reverse the judg-
ment Of the criminal court Of. st.
Louis and for such further proceed
ings as are not inconsistent with
this opinion, Chief Justice Waite
and Justices Bradley, Gray and
Mathe VS. dissented. This decision,
rendered by a bare majority of zone
finally relieves the prisoner from
the sentence of death which has
been hanging over him for the past
seven years.
A decision was also rendered by
the court to. day, in the tax case of
the. Memphis & Charleston railroad
company, against the United States.
brought here upon writ OF error
from the United States circuit court
for the western district OF Tennessee.
This was a suit instituted by the
United States to recover taxes al
legged to have been due from The
company under the revenue acts of
1882, 1864 and 1856. On account Of
interest coupons and dividends paid
between July 1st, 1862 and January
LIST, 1866. The judgment Of the
circuit court is reversed and the
cause remaRded for such further
proceedings, net Inconsistent with
the opinion of this court, as justice
may require.
The chief justice announced to
| the court this afternoon that the
United States Supreme Court
would discontinue the hearing oil
arguments April 9th, and would
adjourn for the term May 7th.