New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-04-03
THE COURTS.
THE UNITED STATES SUPREME COURT.
.srvrRAL DECISIONS OF IMPORTANCE RENDERED.
AN rx-Posr FAcTo DEFINED

.ond Tned Dora Broemser At the March of the
ST. Louis Criminal Court, in the same year, he was In
dclei for murder the first degree, tried, found guilty
and senteneed to be hanged Upon appeal the Judgment
Of the Criminal Court reversed aad new trial was
ordered Two more trials followed, in both OF
which the jury failed TO agree. Upon the
fourth trial the prisoner made an agreement
with the state Attorney to plead guity OF mar"er
IN the second degree upon condition that MS seneAoo
shoud be Imprisonment period not longer than ten
wears Under this plea, however, ne was seiutheeu "
inurisonuent for TWENTY-FIVE yearA. BE again appeae
ard the iud gment the lower courts was reversed ny
the supreme Court. and the cause second uiDc "ds
manded Upon his next trial. the prisoner refused I"
withdraw his plea OF guilty of murder in the seeohi
degree or 20 make any other plea, whereupon the Oo'
orlere plea of not guilty lie entered for him. anc we
was again tried for murder in the first DEGREE '"u
guilty and sentenced TO death. He Appealed saece7'y
10 the Court OF Appeals and to the Supreme Cour % quo
state In both OF these tribunals the Judgment anu
sentence OF the below affirmed Inc sentence
as then ordered to BE- executed Feornary "a is' p1
before that time Judge Miller, OF the Cheu S'"'eS
supreme Court granted writ of error ana '"e o''o
was brought here for final review. $780,.
Under the Constitution and laws OF missouri III oroe"'
ga. ,io 80 oaa,ce WAS committed and the indictment
found the prisoner could be tried for murder III the
first degree aftr he had been convicted or PLEADED sy
nj murder In the second degree out under the Cohst'"
tion Of Sz5 as construed the supreme Court OF MIS-
sour one indicted for murder in the hrs degree anu
convicted or sentenced plea OF guilty OF murder III
the second degree may again tried for murder IN the
nrst degree in case Of an appeal sni reversal.
Justice Miller, in long and carefully written opnioo'
renaend the decision of tas Court which may be briefly
summed up as follows:
I'VE are of opn,on that any law passed after the COM
mission of an offence which, in relation 10 hat offence
OF its consequences alters the situation OF party 20 MS
dlsadv antage, er.posi-fdco law. No one can %
crlnnay punished in this couatry except according 10
law prescrbed his government oy the sovereign
befor ne offence
and which existed law at the time.
The ind rmeot of the Supreme Court of Missouri Is re
yersed and the remanded TO II WITH directions 10
reverse tue Judgment OF the Criminal Cour OF ST. Louis
and such further proceedings as are MOI lheosSehO
with this opinion
Chief Juslice Waite and Justices Bradley, Gray and
Matthews dissented
This decision rendered by a bare majority OF ono,
finally relieves the prisoner from the sentence OF Ge'h
which has been hanging him for the past seven
years. go
A decision was also rendered in the tax case OF the
Memphis and Charleston Railroad Company against the
United States brought here upon VIII oil error rom
rho limited states Circuit Court the Western District
of tennessee. This a suit Instituted by tue tih'eI
States taxes alleged TO be due from Inc COM
pany under tue Revenue acts OF 1s62-Gl and CO. on
account interest coupons and dividends para between
nj, 1862 and January /, 1856 This Court holds that
it was not valid defence or the company 10 show tha'
its income during the time specified came from property
which was within Confederate territory; thc property
although within Confederate lines, belonged to the COM
pay and the income derived from it was actually PAID
out by company in dividends To stockholders ana 10
DISCHARGE the col pOrate debts for interest and was.
therefore liable to tax. II woald have been proper nr
the Court below to direct the verdict for the United
States which was given in this branch OF the case.
Where appears that at the end OF civil war during
which interest," has fallen in and earnings have
substantially suspended, the company, in recognizing
its affairs for business either funds its past due
in a yissua of o.
proceeds sales of the bonds, such facts con-
sute complete defence to suit for the recovery OF
tax charged such payments OF interest Tue com
promise made the United states and tie com
many in 1870 waS shown by the papers in evidence
confined TO the claims of the United states for taxes and
pepaties growing of the interest which matured be
tween May, 1866. and July, 1869 The Judgment OF The
CIrcult Court reversed and the cause ttinanded for
such further proceedings not inconsistent with the on-
ion of this Court as justice may require opinion ny
A decision was rendered in another case affecting this
same railroad viz: The Memphis and Charleston Rail
road Company against the state OF AaDna for me use
OF jackson County inns Mas AT heo oloItm y! 9
whose road passed through us Limits 10 recover inc
sry The due son raised is whether the SUIT
removable from the stare to the Federal Courts on the
ground that the railroad was corporation OF tennessee
This holds that the Memphis and Charleston Rail
AIa,ama COZ poraton and although previously mcOrpo
rated in Tennessee, II cannot remove lnO tue Circuit
Court OF the United states snIt brought against in
Alabama by a citizen OF Alabama. The decree OF the |
Circuit Court is affirmed. Opinion by Justice Gray
Missouri bank series of criminal suits brought
in the of tue United STATES against some OF the
officers and directors of National Bank OF Missouri
alleged fraudulent misrepresentation OF the funds Oi
that institution The which all come up on de-
Inurrers The indictments are az follows 40 400 me
United States, plaintiffs against James II. BrIion On
certificate of division from the circuit court % me
United states for the Eastern District OF Missouri inns
suit founded Section o2US, Revised statutes me
Court holds that 1t necessary IN all the counts OF the
Indictment charge fraudulent pufchae OF the
siock by the de.endan, 10 state IIat TIC moneys oil NE
ASSOCIATION used IN The purchase OF tie sock were m-
applied for the and benefit OF some person or com
paAy other than tne 0ssociation From TINS view
tae indictment be held goo1. Counts 81 10 20
Inclusive in-u5cisnt AID bad The nrSt branch OF
the rst eerti1ed question ana tue sconu seventh anu
questions enswcTed Ia ae ahtni~ I've it"G tc
f4 * Scd ; aad sisA'h ai''On' IN the negative o'On
No 4O7-The United states, plaintiffs agt James H.
r%e ps ssaIn+ ~" The Court holds that tie
iience charged mlght ualad nnistr ion on
aae part tue icndaat; IL ms 1T show Do goct OF
kon or breach Of uust, might SUBJECT Tic ceiondant
kO the seyeres aud 20 removal IRON ONCE DtV
~ cali il q criminal asaPpeaion ~ tln q te MONEYS
words o. this hghy pshe Statute heyoni al rs~sonrDie
bre answered in negative. No answer /
no the question 10 necessary Opinion by Justice
No 4Oo-The United States plaintiffs, agt. James
H. Brtion Barton Bates On certificate o. dieisOi
This suit is based on sections 5200 end D 40 of INC
Revised Statutes, aud emoodes ciarsc OF cOisp rdey
the defendants not liable 10 the penalties pro-
vided by section 500 upon proof tat they, as |
of dividend knowing there were no net pronts out OF
(which TO pay same. because II IL not the offence with
which they charged in the indictment. and they
are charged with conspiracy to do an act winch not
an offence the Court is OF opinion hat no peEates
cnuld inc inflicted on them under the Indictment. ne
FIRST branch fth question IA answered Ina the
alive No 10 the other quotations. 10 necessary
No. 4lO-Ihe United States p.antins agt j. ii. /
Brion and Barton Bates on eerf,iieate OF DIVISION
holds tIat the indictment Ia ts case u Dad
and that good Indictment Gan DC framed noon Inc
facts a. they appear therein The rt ana thrd CUES
tons answered In the affirmative ana h9 src9nd and
fourth IN the negative Opinion By Justice Woods