New-York tribune., 1886-03-23
MACKIN AND GALLAGHER
THE CHICAGO ELECTION FRAUD CASES.
VIE DECISION or THr CIRCUIT COURT SIT ASIDE
But M,CK.N WILL; SERVE HIS TERM.

wAsu1SGroN, March 22.-The Supreme
, -, the Tinted states to-day rendered its decision
q, the oue,tons submitted 20 by the Circuit Court III
the Nackin Gallagher election conspiracy case justice
GRAY delivered the opinion OF the court. lie salu
parte Nelson II held by this court upon iuI con
alteration that crime punishable by imprisonment ior
a term Of years at hard labor is an infamous crime
,,,,biu the meaning of the Fifth Amendment OF the
Constitution the United States, which declares h'
N rerson shall held answer for cspita or other
x,.- infamous crime unless on prrsentuen' OF hueE
mont by a grand Jury, and therefore, eou'd NOT pe
proseeuted by information in any court OF tue Cue"
eate The argument by which the soundness OF these
o,crsons ba, been now mpugned is In substance tue
soe as the one submitted IN that case ana mas NOT oon
WINGED US that there any error IN tAa uecision
proviion of section 022 OF the Revised statutes o '"
United states that all crimes ana onehces cohlh''eN
AGAINST the provisions Of Chapter 4 Iltie Crnes'
which are not infamous may be prosecuted either oS
indictment or by information fled by ListricA''or'
n.v does not undertake define which OF those crns
and offences Infamous and therefore NOT 10 W
cuted BY information, but leaves that 10 ne -
the uaramouut authority Of the Constitution ~ ~"
uroyis,ons OF Sections lO+4 and l0l6 OF the REVISED
Statutes in the nature OF statute OF hm'a''us "
which no person can prosecuted, tried or pHpsheu
for any offence capital or for any crimes uhder tue
revenue laws unless the lndlctmeut Is 4V'"'
or the information is instituted within certain '"o
,, tne committing OF such crime offence. DO not
indicate what OucuCcs ulu~N NO t'N'N>'
Inv indictment and what may be prosecuted ny lhdct
ueut and what may he prosecuted by Information
The most conclusive evidence OF the view OF Congress
upon this subject the court says Is TO DO Iouhu III INC
act conferring the Police Court OF the DISTRICT o'
Columbia original and exclusive jurisdiction Oh MI
offences against tSe United States committed IN 'ue
District not decmed capital otherwise Infamous
erlme. that is to say OF all simple assaults AMI bate
ries and all other misdemeanOrs not punishable by h-
prisonmeut in the pententlAry. "Infamous crimes
are thus IN explicit words defined TO lie thoso
punishable by imprisonment in the peulteuuary' 4ne
nrst question submitted 10y the Circuit Court VIZ
whether the crimes charged against the defendants IN
in the courts on the information infamous crimes
within the meaning Of the fifth article Of amendment TO
the Constitution OF the United States us answered IN
tho affirmative. The second question, VIZ; "he'her
the defendants can or cannot be held 10 answer IN
the courts OF the United States Tor inc
crimes charged against. them otherwise than
on presentment Indictment OF a grand jury
the court answers the negative, and these answers
render immateria other questions submitted VIZ
"are the papers records, returns. poloookS' oaols'
tally lists certificates, other papers described ID 'he
sixth aud counts OF the information recorus'
papers proceeding documents such as are emDaceu
10y or are described in Section 54O3 OF the Revised
Statutes Of the United aud is the County CLERKS
Office OF Cook Couny. H.. pubic office and such clerk
public officer within the meaning Of that section anu
with reference to laws of the United states ard o
the state Of Illinois upon the subject OF elections 10
the facts stated first second or third counts Of the
information constitute conspiracy to commit an offence
against the United under Sections 55l2 OF the
Revised Statutes DO the facts stated in the fourth and
fifth counts of the Information con'tituie conspiracy
TO commit an offence against the United states under
Section 5,5l1 Of the Revised statutes ~
The eject OF tne decision Will release defendant
from the punishment inflicted by the United States
courts for amperDg with election returns but has no
effect whatever upon the punishment inflicted by the
state courts for perjury.
No l5c-John Van Riswick, appellant at. William F.
SPadng III others Apra Ie SGpI1inr ou o ~, me
20 i35-Abert EIeiuschmidt others plaintiff
Ncs sntfeN~ and others in error u Int u
versed with costs and cause led directions tse
further pro- in he'en IN con or1ity with law "pn
no. ' SO - WS all Fulsereon and others plaintiff in er
eiaii Jad nent affirmed with opinion by justice
%o no-L Marshall plnatif IN error. at stephen
icr nc asten District q Wisconsin JudSment affirmed
o1 Mary \ .oyt now Nary a yestel and Others
n 5ogr o ,ne Territory o: Montana in ment
we're WITH cost cost an ] f511 w est S'n ''i'''
No l4>-Ihe lnlabIjaH-' Of tie township Of NowProv
fo & circuit uri the Tntcd stats io ihc s r,i Of
NeWJersey Jaaem-nt Fetesd WIN G4sis 5na & 'duse re-
mi III opinion hIs court opinion by Chef Justice
80 il George Rand lr app ant at Martha
tSr Se 1 Xo4t District OF isoiS Decree adrmed Win
COSTS. pinion by Che; Iusu Waite .,.........
error at yinaL error to the Crcuit Court o Che
United -tat,s thr isric, Of Vest Virginia Judgment
affirmed with COSTS OPINION Uy h,i t9sil.g axe e. t,,
sah l no HgB{ nIs p%n 7i II ~ frG"F Er I S o
Montana. Iudgmen, affirmed with costs opinion oy Chief
Eo l6-s|iohnson = a4dcn. appellant agt the West
appeal and motion to vacate supersedeas N part
EoIoc United states appellant ast the Genital Pa Pa,
gl d
Sos I217 I7e ana l279L Lorenzo snow plan,if error
agt tie United states. Notions 10 adVan granted ana
assigned or argumeH. on the fourth Monday Apr
So i.5-Sauuei tronr palaf or agt the District
40 50 oul ana cHss Railroad ann steam
ship omp,ny plaintiffs error agr the Boari OF Health Of
O. - Frederick N ker pIanun in error a-t The peo
an cases sgassgned APr 70; in e,or ,,, ce,..e
u'sby error g. the u1.e1e Court oi the District OF
40 758 -Mexllder Brc aud 'taels appellants at the /
ted by i Fr ov ant " ockct, u support ol sane and
by rooa, o2p2'traG9 r tlrtG ,,oon f, Ieave
petition .or Wit Of habea7 corpus suOulded by
SO. 7I--Js6es Cqddv administrator, etc. appellant
& NE o1 o m, nd states for the Easgrn srct Of
Michigan suls,ed cirrH c2sts q" be 1G by apPgant
o. gndOn tggaad sLo othcrs pc, tonees AFgumcnt be
c iHeit a. ohcaf frri 1cr argument tie cGuse.
No loe-Thc Coany Of Dawes pialn'ia IN eryeT az
ana Jy auDley Ashton or defendant in error
On motion OF j. II. Ashton. David Wilcox, Of New
YorR. City. was admitted to practice.
Tho CHIEF Justice announced the following: The call
OF tn. docket in its regular order will be stopped
Friday April %. Cases advanced for hearing at this
ts IN will be taken up Monday. April 20 aud their
call continued during that week If necessary The Court
viii adjourn for the term on Monday, May 10.
Mr. Attorney-Cienera Garland submitted motion for
IN % rrsnant to sections 7G3 aud 764 OF the Revised
s statutes. 80 -,