The morning call., 1892-01-22
The ANARCHISTS APPEAL.
Arguments Heard in The United States
Supreme Court.

WASHINGTON, Jan. q - The cases Of
Samuel Fielden and Michael Schwab,
the Chicago anarchists, convicted Of
completely in the famous Haymarket
riots and now confined in the Joliet Peniten-
tiary under a life sentence, came Up in the
United States Supreme Court to-day for
argument Saloman, for the prisoners,
maintained that the men, not having been
present when the State Supreme Court pro-
nounced the sentence Of death, it was de-
priva to them of the due process of law,
and contrary TO the provisions of the Con-
stituton of the United States.
Solomon argued there was violation of
the constitutional rights of the prisoners in
not having them in court at the time of
sentence, and likewise in refusing to show
facts
The Chief Justice suggested that the
State Supreme Court merely fixed the time
for execution.
SalomOn asserted that the court did more
by reciting that the persons were present.
He then affirmed that there was no author
ity by which the Governor could direct an
enforcement of his commutation of sem
tenCe.
Attorney General Hunt of Illinois fol-
lowed SalOmOn in behalf Of the State. He
maintained that the United States Supreme
Court had no jurisdiction to rass upon the
action of the Supreme Court of Illinois. The
only alleged error on the part of that court
was its refusal to amend its record and show
that Fieden and Sch wab were not bodily
present when the Judgment was rendered.
This court had the Jurisdiction TO
review the State court of final resort
only when Federal question was Involved
There was no Federal question involved
here. moreover the Illinois Supreme Courts
judgment on the motion was not con-
demnation Of the parties, but simply re-
fusal TO interfere with its own record. 1t
was not until the next term Of the court
that the men filed an objection, and he
asked when the litigation would end if
counsel could come in at any time and
allege errors in the record.
There is in the case a suggestion that the
two men are subjects OF Great Britain and
Germany. Attorney General Hunt said he
was unable TO find anything in the treaties
by which the case could be affected. A
foreigner stood on no better ground than an
American citizen.
General Butler said when the rights
guaranteed by treaty to foreigner are
brought into question he is entitled 10 ad-
Indication through the courts Of the United
States, and therefore that Federal question
will come up in the records.
Hunt said the claim that Schwab's I'M
priSOnment under Communication by the
Governor was illegal was novel and anus
ing.
General Butler will make the closing argu-
ment tomorrow.
DECISIONS IN LAND CASES.
In the case of w. K. Hartley VS. Mary g.
Harris, involving land in the R0seburg
(Oregon) district, Secretary Noble is of the
opinion that the local officers erred in re-
jecting the claimants final proof after dis
missing the protest, and directs that 1t be
accepted, and upon payment being made u
hnal certificate will issue thereon.
In the case of Henry WoOdsOn vs.. Ed
ward G.. Conlan, involving land in the
Susanvile (CaL) district, the decision of the
Commissioner holding for cancellation Con-
lan's timber-culture entry is affirmed.
In the case of the United States vs.. James
A. Bacon. involving timber land CASH
entry in the Visalia district of California,
Assistant Secretary Chandler directs that
the entryman be called upon to furnish
additional proof, particularly describing
the character of the soil and the growth on
the land, with the value of timber. etc.
After the receipt of those proofs the Com
missioner will readjudicate the case
NEW DEMOCRATIC RULES.
There was meeting Of the fun House
Committee on Rules this morning at the
rooms Of Speaker Crisp. The majority OF
the members drafted a code OF rules SUBJ
stantially the same as those of the Filtieth
Congress, with three changes One change
is a return to the rule IN vogue prior to the
Forty-binth Congress, under which leglsla-