The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-03-04
The United States sunreme COurt

WASHINGTON, March 3.-The case of the
Louisville, New Orleans & Texas Pacific
railroad VS.. the State of Mississippi, was
decided by Justice Brewer to day. The
question involved was the power of the
State TO compel a railroad company to pro-
vide within the state accommodations for
the two races. Judge Brewer holds the
state has such power.
An opinion was also rendered allowing
the application of James J. Kelly and
James ii. Bavage for a writ of habeas cor
pus. They were convicted in Arapahoe
county, Col, of murder and sentenced to
be hanged. The law under which they
were sentenced was passed after the com
mission Of the crime and it was contended
that it was ex post facto and therefore un-
constitutional and void. In support of this
contention it was alleged among other
things, that the law under which sentence
was passed inflicted a greater punishment
than the law IN force at the time of the
commission of the deed in that it added
solitary confinement; forbid relatives and
friends visiting the condemned. and made
it uncertain just when the convicted men
would be hanged, thereby putting them in
fear that each moment may be their last
The court through Chief Justice Fuller
holds the provisions do add to the punish
ment Of the condemned men and are there
fore eX post facto aud void. Solitary con-
incment, he says, is decidedly an extra
pun shment, having a decided tendency to
make men fatuous and weak minded. 1t
is therefore, he held, the duty of
the court to discharge the prisoners. but
IS there is no question they were lawfully
convicted, the sentence only being irregu-
lar, it is directed that the warden of the
penitentiary notify the attorney general of
the state of the time of the release, so that
he may Immediately re-arrest them and
bring them to trial once more.
Justice Brewer vigorously dissented
from this opinion. The substantial punish
ment under each statute. he said. was
death by hanging, and the difference in de-
tails was, in his opinion, too trifling upon
which to base a decision that would turn
two red handed murderers loose upon So
ciety.
The court also rendered an opinion in the
case of Bernard Hans, plaintiff in error, VS..
the State of Louisiana. Hans is owner of
a considerable quantity of Louisiana con-
solidated bonds. When these were issued
the state made provision for special tax
to meet the interest and principal, and de-
clared the bonds to create a contract be-
tween the state and bondholders which
should not be impaired. The consultation
adopted in 1879, however partly repudiates
this agreement and directs the revenue
from the special tax to be diverted
TO defray the expenses of the state gov
eminent. Hans brought suit to have
the new constitution declared invalid SO
far as it impaired its contract. The state
set up the plea that it could not be sued by
one of its own citizens without its consent,
and the circuit court deciding in favor of
thestate the case came here. The supreme
court affirms the finding of the circuit
court and in reference to the exemption of
the sovereign state from prosecution at
the suit of individuals, says the legislative
department of the state represents its
policy and it's will and is called upon to pre-
serve justice and judgment and hold in
violate the obligations of the state. To
deprive the legislature of the power of
judging what the honor and safety of the
state may require even at the eX-
pense of temporary failure to
discharge its public debts. would
be attended with greater evils than such
failure could cause; it would in fact de-
prive the state of that sovereignty and in
dependence in the management of its af-
fairs which are essential to its autonomy
and whlchds always understood to be its
prerogative by all private parties that
deal with it. 1t is said that from ten to
twelve million dollars are involved in the
case.
The court also reversed the Judgment in
the case Of the State of North Carolina and
Roberts, auditor, against Temple. for the
same reasons stated in the Hans case This
case also involved several millions
The court also rendered an opinion in the
important bank case growing out of the
welIknown failure OF the Fidelity National
benk of Cincinnati. The suit was that of
David Armstrong, receiver, against the
, American Exchange National bank. of
Chicago. The Fidelity bank drew draft
for 100000 on the Chemical National of
New York, payable TO the American Elk
change National, of Chicago. This was
given to Kershaw & Co., of Chicago,
who placed it to their credit in
the American Exchange National
Harper, vice-president of the Fidelity,
was using his banks money in his famous
wheat deal and has issued various drafts
without consideration. When he saw the
deal hopeless he wired the Chemical bank
to stop payment The Fidelity failed an6
on the refusal of the receiver to allowethe
claims of the American Exchange National
on the documents it cashed in good faith
the bank sued the receiver to recover. The
lower court affirnls that Judgment, holding
that the bank was an innocent purchaser
for value and ordering the receiver tt
allow the claim.
Civil Service Commission Investigation.