The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-03-04
SETTLING BIG CASES
UpholdinR the Sovereignty OF the
State--A state Cannot be
Sued by It's Own
Citizens.

WASHINGTON, March 3.-Thc supreme
court to-day rendered an opinion allowing
the applications OF Joseph j. Kelley and
James H. Savage for writs of sabeas cor
p,is. They were convicted i'm Arapahoc
county, Colorado, of murder and sem
fenced to be hanged. The law under
which they were sentenced was passed
after the commission OF the crime. and il
was conten(led Ii was ex-post facto and
In support of this conten-
things, sS that s the law Under which scntence
was passed inflicted greater punishment
than the law In force Mt the time of the
.ss. solitary confinement. In forbid relatives and
friends visiting the condemned and made
ii uncertain just when the convicted men
i'm fear each moment. Justice Fuller
holds that the provisions of the law
ssmned de no the men se are therefore % sx % posi
ment, Inc says, Is. decidedly extra
make men fatuons and weak minded. II
is, therefore, held to be the duty of the
court to discharge the prisoners, hut as
fully convicted, sentence only being irrc-
g,llar, il il directed that the warden OF the
mite s1sy aS ,s se S
may Immediately c-arrest them
and bring them to trial
oro,,sIy dissented from this opinion.
Substantial punishment under each state.
he said, was death by hanging and the
too trifiing upon which tn base decision
that would turn two rctl-hanslcd murtlerers
loose upon society.
the case of Burnard Hans, plaintiff in
error, VS.. the state of Louisiana. Hans is
Louisiana consoiitiated bonds. When
these were issued the state made provi-
sion for a special tax To meet the interest
create a contract between the state and
paired. The constitution adopted in
this %sysr and iresis that sRs reSe
nue. from the special tax bc diverted to
tlefray the expenses OF the state goveri,-
| new constitution declared invalid 40 far
as il impaired the contract. The state set
one on . Of ito Il own % eisissns without its con.
| sent, and the circuit court deciding i'm ia
vor OF the state and cnse come here:
| The supreme court affirms the finding Of
| the circuit court i'm reference to tho
exemption of n sovereign state from pros
ccution at the suit OF individuals. The
sents it's policy and it's will and is called
upon to preserve Justice and Judgment
To deprive the legislature of it's power OF
| judging what the honor and safety of the
state may require, even at the ex'
public debts. would bc attended with
| all private parties that deal with IL.
IL Is said from ten To twelve millions of
dollars involved i'm the case. The
court also reversed judgment i'm tine case
| of the state of North Carolina and Rob
| erts, auditor, against Temple for the same
and greater evils than such failures could
cause. II would, i'm fact. deprive thu
state of that sovereignty and indcpend
| encc in the management it's affairs which
| are essential tn its autonomy and which
| il always understood to he it's prerogativs
| by the reasons stated i'm Hans case. Thi,
! case also involved several millions.
The court also rendered an opinion ia
| the important bank case growing out o.
the well known failure of the Fidelity Ma
| tional bank, Cincinnati. The suit was b,
David Armstrong. receiver, against thu
Chicago. The fidelity bank drew u tlraf
for 100000 on the Chemical National
New York payable at the American Elk
change National, Chicago. This wa
giverr to Kershaw Il Co.. Chicago. VIII,
placed it at their credit il
the American Exchange National
Harper, vice president of the Fidelity
was using his banks money in his fa
nous wheat deal. and had issued varioI
saw the deal hopeless he wired the Chem
ical bank to stop payment. The Fidelit
| failed, and OH the refusal of the receive
! to allow the claims of the American Es
change National documents il was cashc
i'm good faith. The bank sued the re
| ceiver. The lower court gave judRrnen
i'm favor of the American Exchange MAJ
| ional and this court afiirns that judlG
ment. holding that the hank was the in
herent purchaser for value, and orxiern
tho receiver to allow the claim.
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