New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-12
THE COURTS.
IN THE UNITED STATES SUPREME coohi'
DEc1s SION IN NETWORK MURDER CASES. SiN'
OF EXECUTION FOR cLAAssEN-rAA o"

MOVABLE CORPORATE PRoPbFfi'
washington. May 1.-THE United states Supe.'o
Court to-day decided the cases OF George "oou'
uocoo and shibuya Jugro the japanese, sentences "
rs - No,, worry state by means Of electricity, they
-, heen convicted OF murder. In WOODS case
t ~ habeas corpus was asked, because negroe0 W.,
Irdad from the jurles which indicted ana ooh'." |
him The court holds that there IS nothlng III VI" 49,
% The state OF New-Y York excluding citHens Va -
,f4con race from juries, and that IL IL was oe'io'
negroes had as a matter OF fact Deeh eAoi" -
oavso ~ their race the question should nave Doe"
80, l., .h trial coc,rt and cannot now be brought up
IN tho Juoiro case the court says 1t sees no 'eso'
T.. hu,oe5no the case here save 10 delay the eAeou~
~ the sentence. AS to the question i'''e S.,,or
New York court resentenced Jugro aVcf 'n =, ,ha
annea had been denied by the Supreme oo"r' ~
limited states but before the isSuahoe " ao-sance
the court says 1t would have been Iore ~ hut
,,th tt nronrietes to have awaited TINS nanuov0
,n. ~ a ena, Judgment had been rendered. t'ii' TO
oar NO, vitiate the proceedings Of the lower oo
excusion Of Japanese from the Jury, ID s"''' "
by the decision in the WOOD case A.. Harlan init
,rbo cour+ In two opinions by Justice hail"i ~
mates quite plainly that there mas po'n ,no Now
80 made q, the writ of habeas corpus py Vho 80
emit and states that, where there Is 10
eic+ het,reen the state law and the feuerai IT,
1oo tbe highest state tribunal should ue'er nIlo
the noInts raised and any appeal should Dc o cou,
Tho state court to the United States supreme '''
| by writ Of error . -, ,he Supreme
The court affirmed the judgment OF tne 90
Court of Pennsylvania in the case OIL the a,,a,
| co.. comnany against the State, involving I"e '"'
o at,,u,ionaltv Of the state law taxing tne com"
- on . basis proportionate to the total nu"Do'
- miles Of railroad within the state over VIM -
| company's cars ran compared WIN tno o'' -, en-.
| miles. of railroad in the United Staues oNe' -
| cars ram The court, in an opinion Dy 'u''OS -. a.,
1914, th+ Tho law Is valid and constitutional ana NJ. III
| roD1un
rodorol constitution The court holds that the Jaw -
-. REGULATION Of commerce, but an equitable me.hou
- .xing the property OF the company wltihn tnc 0U
| II holds that 1t is tax, not Oh ou''i,'
| nm property which may be founo wi'niii c - =.
| The tax on the company was emplOyeu' ho' oee"D
was doing business in the State but because iUS D"
,ro in the state and were property, ana thoy WIZ
| VIZ ,o4bor thew went On beyond the Stae's
| ,,o,de. or not Tho mode Of taxation the Staoe
1901 was an eouitabe and just method OF setus
| mont and II followed in every state tne coihp"n'
;Id no assessed on its whole capital STOCK anu ~
more The result of decision that such ine'nOu
| q, taxation is unconstitutional would DC Ul '
property employed In any continuous i'''
escape taxation altogether. II. Aha,
Is4,oo pr,dlev in a dissenting opinion said that
no conceded that all personal property which beionseu
in a state was subject TO State taxsuoh' puU 49,
| pcoperty did not belong in a state the q'e'~' " -,
! Jurisdiction of the State over the properly arooo E
fundamental proposition, in the opinion OF inc oo
was that all personal property within o'@e' 90 -
as all real property, was subject 10 uie I""'
He did not believe II maintalnabe IN ltS sene a. %H'
ohsolut. meaning There was. he said emphalcanS
ch thing as the Constitution of the Unlted 7tdus
and such a thing as the Government Oh Olo 80 -,
statcs and there were many persons ana MANY "''
Witch the state could not lay It's finger upon Oe'au9e
contrary 70 the United states Constitution Inc 0.Vo
,rbt nrovide police regulations for hero OF oattie
tl,o WpS X,
No, dacara them subject to taxation and the same was
to Of q train OF cars Taxation OF interstate o'ni-
ece he declared in conclusion, was lhclueh'ai Ioeo
atOn. - ,,ssocbrse+ts in.
volvng practically the same question as app..eu =, ~
the lines of the Western Union Ielegrapn OoHPaN' "
Massachusetts, in the same way ma. q,
Tho court refused to grant mandamus 10 feter o.
caassen. the convicted bank embezzer OF New iorh
TO compel Judge Benedict to settle OH also Ii sstans
IN S certain raRt claassen stay Of execution and
makes an order permitting him b 70 pc statement ex
The court tS Si'e smer and socnm habeas corpus
p%rder cases affirmed the judgments OF tne IOMei
refusing these msH from the bench and
mandate directed to be issued at once
1us+ice lamar in affirming Judgment OF the Circui
Court for the southern District Of New-forK III tn
go 90 Z y Dwight ct al, executors, against Eh"l
1torrtt late Collector Of New-YOrk, held that uhue
the former tariff law the collector had properly a.
sessed as steel rails importation OF rails ho'oi uo
and too heavy and also unfit for American USE proue
solely for the th R1 SsS to- to- Manufacture the
from pig iron. The importers heid tnSe ov
Se iron as S than
shib1ya Jugro about two years ago. x WeT saor
com also native S Sd SSah house in James Bot
Wished to ship vessels bound for Japan Ta led n
secnred employment before Jugfro dd' Ims h et ~
taSSed COMM in back Killing him ., a% ysT am m
stant JT Jug convicted Of murder in the first degree
He was defended by John R. Henlemsn o M1S "a'
that fae
admitted to the bar lie has ielt Ihe Guy '
Iogonb Wood was convicted of murder IN the mrs
degree In the Court Of General sessions tut noVe(
on Shaft No. 81 OF the New AQueduct They SnaTSe'
in little Italan erocery ana Wo91 sn rove TINT RUM
times killing him q, WS SSd t S 70 REsd society
which determined to kill Woo: icSlv deserve.
death.
THE LApENs DID NOT COME TO COURT.
Judce Lawrence In the Supreme Court, Chanloei'
Yesterday appointed Thomas r. "iche9
determine whether John Laden was uha"iuV ,,a
o strained of his liberty by his daugh'ef Hi0o Nv
t laden THOMAS H. Magee, a professional nurse at
e ,d tbot Mr. Laden was abused by his daughter an
he secured a writ Of habeas corpus requiring ms pr
u ducaOn I'm court Neither Mr.. nor MISS b"uen "a
= neared before Judge Lawrence YESTERDAY NJ
Thompson appeared for Miss Laden ana no Uoia ~
Z court that Mr. Laden was too feeble 70 come uo",
II to,r lie declared that Magee acting maiciousl
Sc"anse he was not allowed to be Mr. LadenS nTrs s
and hire an assistant to 90 the hau " ttSo he
laden In an affidavit denied that her laOier ~"
been lll-treated.
- TIE SUIT OF STEWARDS IRISH hhhAii' 20 20.
The case of Sarah Branagh against William T. snitl
hopobt nv the Irish relatives Of A. T. Stewart 10 II
cover their alleged share of his estate was called beor
y udge wallace In the United states Circuit Court ye
to-day Both sides answered ready. but the case wen