New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-07
SUPREME COURT DECISIONS.
TWO tx1RADIrIcN CASES SETTLED.
RELIEVING TIE LOUISIANA LOTTERY COMPANY OF


| WASHINGTON Dec GA decision WAS rendered. by tho
court to-day Ia the important extradton rsso OF FRED
erek NJ Ker. against people OF the STATE of Illinois
brought here by o tho Supreme Court OF
That STATE. In 1893 Ker. clerk IN the employ
OF Preston. kean Co, If Chicago, embezzled LARGE
SUN of money Oelongiug that firm aud fed TO Peru
south America. Upon application from the Cover nor OF
iin Is the President OF the Unito States, Oh March l.
1883 lsnsf IL warrant tor this ezra ifipn OF ker ana
seut II To Peru by Henry g. Julin, was authorized
to receive the from the Peruvian utuOries
and nring him to United ~ answer charxc
OF larcsIy. Kcr alleges tnst Julian without presan ing
tue extra iIOn papers To any occr OF the f-ruVihh
Government and without making any demand upon that
Government Tor his surrender iorchly kidnapped MIN
and l'csd hin hosrI Unue -tses vessel Essef
By winch he broul hit TO Honolulu There he Was
iransforrd he eges City Of sydney aud
Drought TO san Francisco and then surrendered Dy the
Governor OF California tue authorities OF tue State OF
Illinois fusilive rou. ,usice Upon bls arrival IN
Chcsgo ker was put on trial ana duly convicted OF
larceny ami embezleneut lie alleges that this whole
proceeding vo,ton Of tue provisions OF the treaty
between tue United and Peru ratified July y.
1874, aud he appeals b. t1e supreme Court upon the
pIou that tie ease calls In que tloa the t'lny OF
pro- er construction at treaty. FMS rour IL Of opinion
tnst krr htd Ueen "rouEnt 70 tins coun ry ny ro,re-
tnt uron te atemrn If the Case IN the rrc0r ne might
have successfully peaed that ne was exir7liited Tor
larceny and convicted by the 'eriic OF jury euhez
LetenL but II II different rfse when hr cOues "a I -
country n an. manner IN which he was brought n,r,
tire ty coulI nave q ZEN him, an no winch the
| ry ewes to Peru or 10 him treaty. The
Tanks tra nvosinE its url-dcton upon
| the groun that nr wa denied Is rgnt onetr-d upon
him 10y treaty of tue United et'tes the prisoner mas
failed to estaOlsU the er-t~nre OF any such rsD Tue
qurson o. how far his iorci"l- seizure III another
eodnlrY aud transfer violence, fore. or frau 10 TINS
codn ry cOuit he nsie avaane 10 resist RAJ IN the
STAT court the offence char e ulon him Ia one
wch this court does not rrl ca upon D i'o uc s.o
In tha transaction tue court does NOT sce that the Co-
situtn or lAw- raties OF tho Cuite' states guar
antee hun any protection The court holds @owey re
III prru " re
zed seizure with" lis territory. Even the existing
persons charged WITH kdu~ppns. AMI demand from
Peru Julian the arty Who "a ty OF H. e"uI o" sur
laws Ker nimsrif would probably not b- without re-
dr. for lie codld Julian ucton OF trespaSs
aud false mprsnnmeIt anf tn" facts st fortn IN the
plea wou without ala t. scti N. s"helber
nr could recover sum sunclent to Justly ine ac"n
would prob ,"y d-Prud upon moral ASPECTS OF ur O.
wnich the cour' cann"t b,r c"nslcl. Ine Juugnsne
OF tue Cnlual curt OF Cook County against the pfS
oner sifrbe'i.
another Important rEtraitou case, namely tue Oniteu
,'ates against William kaasceer sauscher was Al
Great Brian 10 answer for the murder uf 81 "au
alter brought 10 tri"l Tor different
offence nau-ly. tu. uri aid UNUSUAL punishment OF Tue
sailor whom was charged y tn nurder'ns Inc
case brins' up an important question: WHICH n"s ons
OF United oaies aud Great Britain AID
w"rth-r nudrr ~. e1riir,om irraty in force Nc cen
the two COUNTRIES or-ou exradit~d or one onence ca"
I've an0tner. 1t Is the question wnit Mas
discussed by RS Pisa Lord Derby In tie Wins
los aud La Cases. add wllch aisrward became
subject OF oDsii-r.lon In tile English House OF LordH
but when was rover brought to a definite settlement
his court nohis. In long and carefully lr-parrd
Opluol Justice Miller. that purs'n wuo has Deep
iuri-d Of the court oy vitue OF
proc e'iiugs uuler an extesdtou treaty, ca only oe
tried for OF d~seriD,I tue treaty, al
tue ufrnc- with which he Ia charged III proceru
nEs for his eIir; irion. until rras ,n.oIe une ah OPP
JUrtuny have 0ceu gwen hin after nl- reAs1 or pla
under -uh ~ return to The country nom whose
asy had hreu orcoly taken Under these pr"cre
uss Uni-f Justice disseuts from tue opinion OF
t-court tai. ground that he eau nnd In the treaty
moi wuicu orbns tTi u for any otnsr ouonee than
that FOR wulcn the extra 'Itiou was mah-
Ih OF the court IN t Case opposed ~ the
ton 10y tue Unitei states Govarnm~nt III its
rgOt a,us Government OF Grrat Britain with
relation u the WinNlow ani l. ~rcnce ca CO. ,u
OF New-Oreans against tn- LOUISIANA LOTTERY COMPANY
mere ny appeal ro e ar afeu " TINS
-uit Instituted oy t,r Lottery Co"panJ io Tue
d the so.pd Of Assrssrs irow assessing and Icuug
CERTAIN Ike. rs S act r ueor"orans the
Lottery Couuany prOviie that u suOuid lay W .ue
Eausutoud Fund aud tuat II SHOULD DO exempt rom ~
other taxes 'nd lcensrs lroln TUE 'It'' p.ris' OF
witnstsr iing tIs exemption tor city OF Ne"-Oriean Is
a t. AMI coircta tx III Oh 'ts capital stock
aud otter uroperty virtue Of tue provisions OF Act
II OF thr Log stature OF Louisiana OF 1850 II IS
court noids that t. tax complained VI Dr"hnitei Y
the tr1s contract eOutn IN tue coup my :
quarter, tat sought TO lie i'nposri upon
the ronpnIy tax upOu tue Cor orstl0u within -
quarter. AID aOt lion It's ihiviiual stock
holders heca- tue Grafton II eomp-led 10 uecO ne
surety for taxes uouInalI, Impose upon ts -t"cE-
holder ami IS mad tne primarily or their payment
HE f Ia that the taxation OF tue Louisiana
seccon OF At ~, y OF III var 1850 Tia,
the intention or the LEGISLATURE IA esse IN hat
aei 10 Impose nou the ohirsny any otn.r 'a.e, .ns
those provei FOR its O~n ch 'rt~r; nht oherwis 81.
At ~ y Is VOID as Jaw imp rins the oolleallon Of
Tue 0i Tue Circuit Court ia favor OF
the lottery comp ,nY Is a1rDel.
The other business to-day as follows:
M @ Fo WAYNE Jsat with S5s
c~Sr rsgA1ied sth directions 10 .wir new ant AIT
iAn II ferRus2n ppea rom , rns ~ Nm orK ber.s
Si-AJDe CLARK, and others appellant
Oeurge Wooster. Appeal from the Circuit Court Oh the
United District OF York Decree
g iaoe. Ha!on plaintiff N error n ag e.; the v ne
10 the Supreme curt Of the sateO1 LOUISIANA Judgment
80. 81 frank Colt. administrator etc agI the n C.
Gold amazing Company Appeal ir.m te Sirrt So1t.
% sar s a l avn Win i s,,. e Eastern
No. as Pap in eTror Se ast p Esa cast
~ t,s ST. ~ ~, ,r,,srt .riru.t "a tiI costs
Oh S So si'e a e pos.nt s% John
Nash Aa others Notion 10 dlsns denle ho lot, 70 the
sirln proceedings OF execution postpone" lo no'oo " Va"
No. ll54hanilton OrrnsDy and others pantir in error
agt William " eDU and d Drake @ouon' !" uS"iS' VI
NO sig-Louis Philips and Others plaintiff in error agt
the Mound Cy Land aud Water Association and others
Tine piAnia .gt The Pelican Insurance
No 1.-THE Merchants Mutual insurance company appel
No 'o-Tnr Merchants Mutual Insurance Company. appel
liant Agt sla- Weeks Moiiol e. ayancS grah.a anu
Alter No. II44 sDni'D' On the n''' AO"1'
No l244 Tine chicago, Burlington anu quincy
Company pia ntn IN error ast the state OF Missouri "a re-
Gauey collector Motion ADVANCE granted anu car" -
down tor MONDAY January next after
cas,s already aslgnr,l for that 1ay. -.
No ZJl-Arolphus EkOH, paiutin IN error. aS] tno
District o. Columbia MDtOn 10 ADVANCE denied =, r.,
No. lltI-D5vid klchnIunl, plaIntn IN errOr' agL III Il
Bla~e and Others. Notion Ia adN anCe dene
No 5ol Joan Sncy others plan.n IN crtof as' SAo
Untct rtat-s- Motion 10 advance denied -.
NO S4-Henry hulsKanp and others. plantn IN error
agt tile nonne Wagon Company. Notion w uisnss SUI
mlIied
No lO24 The United States, appellant ag John faui
jones' administrator etc. Motion 10 dismiss
No lOS3-lne nIted States, appellant agt r ryhun"S
No lU-S-lhe Uniied States appellant agt Joshua bsno
No 1880 Tue United States appellant agt charles IL
blackwell.
No lo32 The United appellant agt Henry Phi-
brick submitted according 2Otn rue Ny Attorney
er and Devices appellant and by John raul Jones
and II Lines lor appelecs.
Adjourned until tomorrow at ~ O'Clock
The COURT Of APPEALA