The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-10
The Custody of the Mayor and
Council of Lincoln, Neb,, Illegal.
Their Gases Beyond the Jurisdic-
tion of the Federal Court.
Decision Withheld on a Motion to
Dismiss the Maxwell Case.
Judgment OF the Supreme Court OF the
District of Columbia in the Cases
of Postmasters' Salaries Az
firmed-Other Decisions.

rendered by the supreme court Of the
United States today in the habeas corpus
case of the mayor and city council OF the
city Of Lincoln, Neb., who are now in the
custody of the United States marshal there
for contempt of an order OF the United
States circuit court. The court, in long
opinion by Mr.. Justice Gray, holds that
United States circuit court sitting rs a
court of equity has no jurisdiction what
ever over criminal cases or cases involving
the appointment or removal Of State and
municipal officers. The proceedings of the
federal court in Nebraska, therefore, were,
from the beginning in the nature OF a
usurpation of the functions Of court of
law, were beyond its jurisdiction and
were null and void. The detention OF the
mayor and city council Of Lincoln in Gus
tody Is illegal, and they are entitled to u
discharge. The chief justice and Justice
Harlan dissentcd.
THE MAXWELL CASE.
The encouragement Of Missouri sub
mitted motion TO dismiss, for want of
jurisdiction, the case Of Hugh Motram
Brooks, alias w. Il. Maxwell, who is now
in prison in st. Louis under sentence Of
death for the murder of Chas. 4. Preller
The attorney general maintains that the
case does not present a Federal question,
and that this court cannot take jurisdiction
OF IT, The counsel for the prisoner argue,
in voluminous brief, that the case docs
present Federal questions, for the reason,
first, that upon the trial the validity of a
statute OF the State Of Missouri was called
in question on the ground OF It's repugnanoo
10 the constitution of the United States;
second, that the prisoner was induced by
means OF a conspiracy and plot 10 testify
against himself, contrary TO the prohibit
ton and guaranty OF the fourteenth
amendment; third, that, owing TO q defect
in the indictment, subsequently remcdicd
by the court, the prisoner Is about 10 be
deprived Of life without due process Of law,
and fourth, that due process OF law" ~.
quircs public trial, and for one whole
day, while the jurors were being examined
on their voir dire, the public were cx-
cludcd from the courtroom.
Counsel for the prisoner urge number
Of reasons for asking this court TO take
jurisdiction Of the case, many OF them be-
ing similar To those which were urged in
the case of the Chicago anarchists.
The motion of the attorney general Of
Missouri has virtually the effect Of bring
ing Maxwel's case before this court at
once on its merits, and II the motion 20
dismiss be granted IL will, Of course, DC
equivalent 10 an ailirmancc OF the SEN
tence Of death pronounced by the State
court.
The court will adjourn on Februa.y %
until the 10Th Of March.
rosrMAsrERs SALARIES.
A decision was also rendered in the post.
masters salary case Of the United States
ex rel ]. X. Mclean vs. VIM. Il. Villas,
Postmastcr-Gcneral. This was a suit for a
writ OF mandamus 20 compel the Post
masicr.G General 10 readjust the salaries OF
postmastcrs Of the lower grades in accord
ance with the acts Of July !, 1864, juno ~,
1865, and March 3, 1883. This court agrees
with the Postmastcr-Gcneral in his under
standing and construction OF them, aud
holds that Congress did not contemplate
a readjuslmcnt Of the salaries OF any Of
these officers oftener than once In two
ycas as legal duty or obligation on the
part Of the Postmasicr-General. The judg-
mcnt Of the supreme court Of the District
Of Columbia denying the writ Is affirmed.
Az INTERNATIONAL CASE.
A decision was also rendered In the case
Of James 4. Whitney and others against
VIM. A. Robertson, collector Of the port
OF New York. The question presented by
this case is the scope and force of certain
provisions contained in treaties concluded
between the United States and the rc.
public OF San Domingo and the kingdom
Of Hawaii respectively. The plaintiffs In
error, who are merchants OF New York
city, imported In 1882 from the island II
San Domingo q large quantity of ccntri-
fugal and molasscs sugars, similar In kind
10 the sugars imported free Of duty from
the Sandwich Islands. Tho collector cx-
acted duties on the san Domingo sugars
10 the amount Of $1,000 which the im-
portcB paid under protest, and then
brought this suit 10 recover the money No
cxaclcd on the ground that by virtue of
the ninth article of the treaty between tho
United States and the Dominican rcpub.
lie, the United States was debarred from
imposing any higher dnty, or any other
duty, upon the products Of San Domingo,
than should be imposed upon similar
products Of other countries with which
the United States might have commercial
relations. Sugars Of the kind here In con-
troyeny we're imported free Of duty from
the Sandwich Islands, under treaty pro-
visions, therefore, II was coniended, they
should be- admitted free Of duty from the
Island Of San Domingo.
This court, In an opinion by Mr.. Justice
Field, holds O) That the ninth article
Of the treaty between the United States
and San Domingo was merely a pledge of
the contracting parties that there should
be no discriminating legislation against the
importation Of articles which are the
growth, product or manufacture Of their
respective countries in favor Of articles Of
like character from any other country. II
was never designed 10 prevent special con-
ceSsions like those made 10 the kingdom Of
Hawaii, upon sufficient considerations, for
the importation Of specific articles. II
would require the clearcst language 10
Justify a conclusion that the government Of
The United States intended 20 preclude
itself from such engagements with other
countries which might, In the future, be Of
the highest importance 10 our Interests
(2l That the act Of Congress under which
the duties In this ease were collected
authorized their enacion. II was Of gcn-
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