The daily citizen. [volume] (Asheville, N.C.) 1889-1890, 1889-11-12
NUMBER 49,.
WHITE AND CROSS.
THE U. 5. SUPREME COURT DE.
CIDES AGAINST THEM,

The Effect of the Decision IL That
EheS Must Serve Out the Time
Tor which They Were Sentenced
-Other Washington Matters.
WASHINGTON, D. c., November H.
he well known case Of Charles E. Cross
and Samuel c. White, defaultinp presi-
dent and cashier respectively of the State
National Bank of Raleigh, N. c. was
tlnally disposed off today by an opinion
rendered by Justice Harlan in the United
states supreme court. The effect of the
decision will be to compel Cross and
White to serve out the time for which
lhey were sentenced. The two men
named, while officers of the Raleigh bank.
forged note for $6,25O, and falsely
entered 1t on the books of the bank as
part OF the assets of the institution; the
intent being to deceive the National
DanN examiner as to the financial condi-
tloh OF the bank. They were tried for
forgery IN the court of Wake county, N.
~ and convicted. The case comes be-
lore the United States supreme court
Principally on the claim set up that the
ohenSe was cognizable in the Federal
ana not III the State courts. 1t was
Gontended that the United States courts
nave exclusive jurisdiction to try de-
IendantS for having made false entries on
the Dank books; that the forgery of the
hote was an essential element in such
entries and that the recognition of the
rlght OF the State to try them for forgery
would defeat the jurisdiction ofthe United
states to subsequently try them for
making false entries, an offence over
winch the United States have exclusive
jurisdiction. The tallacy of this arpu-
mcnt, the court says, is in assuming
that the making of false entries neces.
sarlIy involves the crime of forgery.
EITHER crime would have been comDlete
without the other. The crime against
the State could not be condoncd bV com
mittmg another and distinct crime
against the United States. Some other
MINOR points are also decided against the
convicted men.
new rule adopted by the supreme
court seems to have taken by surprise
quite large number ofattorncvs practic-
ing before the court. Heretofore if has
been the practice of the court each morn
ing to call the first case on the dav cal
endar, and ii the argument of this one
case occupied the whole dav, then no
other case was called. Under the new
rule, as soon as the court opens each dav.
the hrSt ten cases are called and thee conn
sci Ill each one of them are expected to
nave notified the clerk that they intend
TO make an oral argument if it is their
purpose SO to do. lfproper notification
IN all these ten cases have been made,
then argument is proceeded with in the
nrst case, and Others come up in their
turn. II the clerk responds that the rec
ora ana briefs III any case have not been
printed the court Summarilv dismisses
the SUIT. II the record and briefs are on
ME, but counsel have not notified the
clerk that they are ready for argument,
the case is submitted under a showing
made IN briefs and the attorneys lose the
right OF arguments II a record only is
printed, the case is continued and goes
over Tor one term, thus being DELAYED a
year.
The object of the new rule is to expe-
dite the work of the court, and its effect
is seen in the fact that the business of the
court is now two weeks ahead of last
term. The change in the rules which has
been made does not, however, seem to
have attracted the attention of the at
torneys practicing before the court, or
else they do not understand its effect, for
me counsel in about forty cases have
already been caught mapping and have
had their suits subjected to the penalties
of this new rule.
AT 5.27 o o'clock this afternoon the pres
ldent issued his proclamation declaring
that the conditions imposed by Congress
on the State of Washington to entitle
that State to admission to the Union
have been ratified and ccepted, and that
the admission Of said State into the
Union is now complete.