New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-10

court could so into the evidence after sentence, thcfc
was no difference between procedure before aud after
sentence, and the rule nugatory and meant
nothing. There were some exceptional cases. and
Mr.. Taft quoted from them TO show that thew were
exceptions 10 the rule and that all such cases as this
must mp writ of error and not of prohibition
Conceding for the sake Of the argument, counseFs
contention In this matter. the sohcitor-Genenl held
that the court as matter OF fact, might have found
that the Sayward took seals within the three-mie
Emit He took up the log book submitted by counsel
showing the vessel in tho middle OF Unimsk Pass,
which Is twenty-five miles WIDE and calculating tack
from the log he showed that II would place the say
ward on the island. IncoDtestsbly 1t was near the
island.
Justice Gray-why not the island7
Mr. Taft-Because that Is all mpossibllity. That
know VIII be what counsel will say, but 1t seems
reasonable inference. making allowance for the errors
10 dead reckoning that the vessel may have been
within the three mile limit The very cooking of the
record TO use q sailors expression, shows that the
that day where he did not desire the log
to show be was.
Taxing up the political phase OF the argument, the
Solicitor General said that tie Government did no,
deny that the jurisdiction Of the Alaskan court and the
venue Of the offence were judicial questions TO be
decided BY that court in proper case What he as
serted that the jurisdiction Of that court and the
venue OF TIE offence by single step Wa made
inevitably b. depend upon the National jurisdiction
in Behring Sea- that that political question and
that the decision OF the Executive and OF Congress
that political question conclusive, not only upon
this court but upon citizen within the jursdc
ton of the country because in determining that political
question, the Executive dlScharging his constitu
hona functions, and In the discharge of that
duty he was not inferior tribunal
whose decision might be reversed by this
court That National sovereignty was a political
question had been repeatedly decided II was also
contended that Conressioal action necessary hat
decision by the Executive not sufficient. lie
cited by Justice Gray controverting this argu
mcnt. IN That decision the Justice dweIJ specially
upon the suffolk Insurance Company case, which
t1rned wholly on tae fact uat the secretary Of State
ID this Government, in oSpondence with the Gov
eminent of Buenos Ayres had declared that the Fslk
land Islands were not part Of the Government Of
take conclusive the assumed fact that those islands
we've not under the sovereignty OF the BuenOs Ayres
He hon said that the Executive, in enforcing the
% ef 1Ee fGd IL Necessary 20 u wgst was
Of those laws with the courts, but II the oonstrIc
ton the President was compelled to give was not the
legal meaning Of the term, but political fact and
pSesented Poltcs cues Ion and The President was
the question whether the question
political one not The court, at o'clock ad
sumed.
some of the other business transacted was as
follows
No. 64.-John Mccreary, appellant, agt. the Penn
No. 55.-Ihe AnIeri an Ne anu Irvine COMPANY
plaintiff in error, AIT. Roland worthngton, collector
or further proceedings In conformity with the opinion
Of this court.
No. 1,Oe4.-The Metrop0 Titan National Bank plaintiff
in agt sumner h. Claggett ct al administrators
etc. Judgment affirmed with costs
No. 6l.Miclael SeitI, plaintiff In erT-r, agt. the
Brewers Retrigerating Machine Company. Judgment
affirmed with costs and interest.
The Chief Justice announced the following orders Of
the court:
No. 7o4.-The Northern Pacific Railroad Company
plaintiff II error, ast George hamby. Notion to dis
miss denied.
No. oO7-The Kansas City, ST. Joseph and Council
Bluffs Railroad Company appellant, agt. the CHICAGO
St. Paul and Kanste city Railway Company Decree
reversed each party 10 pay half t3c costs IN this
court per stipulation and cause renamed 10 be pro
ceeded IN according 10 law and justice.
No. 1,OO0-Tae Mutual Reserve Fund Life AsS0cla~
ton plaintiff In error sgt. william T.. W0odson ct al
Judgment reversed be paid by the plaintiff In
manded to said Circuit Court with directions TO re
mand the State Court Ordered that mandate issue
at once. ,,.,n
in error, agt. Edward l. Horsman. Mandate gIantcd
on motion of solicitor General Taft for the plaintiff In
error -,
No 1,31O-The Gulf. Colorado and Santa Fe Rail
Company, plaintiff In TOR, sgt. Heney q LEWIS
Motion 10 advance submitted IN supp TT Of same. 49,
No o8.-Th1mas Craig. administrator etc, paintins
in error, agt. the Continental INSURANCE company 81
New YOrf. Argument concluded
Chief Justice Fuller announced that the court had
advanced # Homer ag the United states, and
assigned IL or 70 the second Monday in Jan
uarv Tho point iuvOve1 IS the cOnsututonaity OF
that section Of the AntlLoteTy permitting persons
y he tried in the district which lottery letter Is
cent.
The call To- November 10 will be follows: Nos.
s. original SIS. 81. so. oS. :. and o, original; GA,
Gas ani 10. 9s7, =, aud :. and 1919