New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-17
THE COURTS.
THE United STATES SUPREME COURT
VICTORY FOR THE WESTERN 49,
pERER's APPEAL FOR
CORPUS Will


CORPUS WRIT ,,.,.s
"a The supreme Court of the uhVcu
e,.,es rendered q decision In 'ne o"'e ,arv Of state
1rron Telegraph Company against '"e -, here ON ap-
e"o, o,her State officers, broughV me- -
Ct Alabama ana our 81 tho supreme Court of Alabama
la V Involved is the constitutionsi' ,n,s Of
:, Alabama imposing tax upon wv sI,h,o the state
W ..,ocr.,h companies for business uon 80 not only
~, .h,s act the telegraph company Nes -. ~ ,oes
onoer nc 49, entirely wi;aIn the State, put on |
on 80, "a or received from other states. 49, LILY
a, an opinon by Justice Miller SaS ". enc matter as
,n while TO make any discussion ANU an1 years
W eourt has six or eight times wi'nih 90 - Do,hor
ue ~ 49,, messages sent from one state hVo "
suh,ect to taxation, because 1t would oe n'os
ference with interstate commerce. oninion in the
~ ss,,,rene Court also rendered an opillon M W.
INC ' 49, r pennie administrator of the estate vi
ss ward against c. Refs. treasurer OIL tne 80 80
~ and Health Insurance Fund.- Oh San rI,',Srn,.
y, error to the Supreme Court oil the n'S'e VI ~
~, c,se * of interest wherever police lhsurSh0.
inns 80, Ward was a public officer anu
- tho law fixing the compensation OF the ponce "
,rovided that 81 month should DC re'ensN 80 d
,nan,s nav a. a fund for the relid Oh uls"Oio ',
49, hers Of those who died in the service suosequ.
W. ,ood certain conditions upon the granting OF us
M, and under this amended act Wards administrators
were refused payment out Of the fund' sun was
a rccover IL being contended that this iuhu was hV P
"a nm, ,rivate money. The Court holds that inc Anou
od Nv law for the police fund was not really part
q, the oalcer's compensation. He never received nor
controlled IL, nor could he prevent us sppop -,
I'D a, oueston. The fund was entireS d" "iN "''P
., the Government until by death, or the happehhs " w
:, ho other events stated the right to The speeihc sum
r,onised became vested in the officer or MS
The Legislature had full right 10 change or reNoAe wv
ptoyisions. Judgment affirmed opinion ny 'us.' ,a
uehitable b. Greene ct al, appellants asV JAMES
Of al Appeal from the Circuit Court OF the united
states for the Northern District OF ILLINOIS, Decrce IT,
yersed with cost. ,,. ,o,n,r In
No. 5s-wiIam II. Robertson, collector palnun ID
error act Otto Gerdan, In error to the circuit Oo VI
~ Initod states for the Southern District OF NewforK
Judgment reversed costs and cause remahoed WIN
direction TO grant new trial. -
No 140-Edward McGlin, plaintiff in error as''
Milton H. Bennett al In error to the Circuit Court
Of the United States the Northern District oil Aios
Judgment affirmed with costs and interest. o-,,...
No lo7-R. H. Paul appellant ast Henry b. Culiuin n,
Appeal from the Supreme Court OF the TERRITORY Vi
Arizona Judgment affirmed with costs.
No 14o-John f. bravo ct al, assignees, etc. appel
lants agt Philip Fabel ct al. Appeal from the CIRCUIT
Court of the United States for the western Dls'io' VI
PENNSYLVANIA. Decree affirmed with costs.
No 5s-Wnllam IL. Robertson, collector etc' plai'ii
IN error act Henry Bradbury. in error to the Ccws
Court United States for the southern pis.' VI
New-York. Judgment affirmed with costs ana interest
No 11S-The Chicago and Alton kalroao Company
,laintln in error agt Henry II. Waterman Motion I"
yaeate Judgment and restore to docket denied
No 3oO-singleton NJ Ashenielter. appellant agt the
Territory Of New-MeXco ex rel Edward u "aue' uo'OD
20 dismiss postponed to the hearing on merits
No e92-The Central Transportation Company plaihuh
In error agt pullman Palace Car Company Motion tha'
this case be heard with No. 100 as one case granted
No e-orieinal ex parte-In the matter OF james H.
Savage petitioner Motion for leave TO file petitohs IoI
vr OF habeas corpus and to prosecute in forma paups
granted. -. c,., "
M 15s-Iobn H. Mendenhall, appellant agt Clark ~
Hall Leave granted to make representatives OF |haii
i. Hall, parties appellees .
No 7S0-James Wallace Peake' pialn'iH LII oii0i' 's'
the city OF New-Oreans - vi,
No 7s1-The United States ex rel. ]. w. Palke
plaintiff in error agt the city Of NewOreans CT al.
Daar of al
the city Of New-Oreans Ordered TO be heard with NO
800 when that case is reached, as one case.
No 57-Wnliam II. Robertson. collector. plantin In
error act Jesse Rosenthal In to the Circuit
Court Of the United States for the Southern Dstrce u
NewYork Judgment reversed with costs and cause re-
handed with direction to award a new trial.
No 1o2-Frank Hume. appellant agt the United states
No. 1o3-The United States. appellant. agt. Frank
Uume Appeas from the Court Of Claims Judgment
affirmed. o.,
The day call for Tuesday the 18th inst will be as fol
lows: Nos 1885, 16s and 2lo, %, 41169, no. III 49,
ia and 175.
vGeneral Ayres Of Virginia, to-day made mo-
ton in the Supreme Court asking leave on behalf OF the
State Virginia file bill in equity against the S'ae
Of Tennessee to settle the boundary dispute De'"e INC
two States. 1t is asserted in The motion OF AV'o9
General Ayres that Tennessee unlawfuy claims urisdlc-
tIon over stretch Of land from two to eight miles IN
width extending from the northern border OF Norm Oao
lima TO the border line Of Kentucky.
James ]. Medley convicted in Arapahoe county
chi on Sepember the murder OF his wife, ana was
sentenced to be in the fourth week OF December
The crime committed early in April ana Subsequently
but prior to the trial. the Legislature amended It's
laws in regard the infection OF capital punishment
The evident object Of the amendment was TO make men
sentenced be hanged less an object OF oenohsUaNe
sympathy the part Of their friends ana 10 give 'hei
annie opporunity for reflection. In remarkable peti-
ton presented Supreme Court today Medley asks
for writ OF habcas corpus to secure his freedom basg
on the ground his being sentenced under law passed.
after the time the crime committed in contraven'
on Of the constitutional provision prohibiting the passage
OF ex post acto The petition rectes that the new
laws changes the penalty in capital cases from that OF
the old TO the disadvantage OF your petitioner making c
punishment and its incidents greater more aggravated In
twenty points, which are specified.