The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-04-13
M'KANE STAYS IN SING SING.
an Appeal TO FHB Q. 4 SUPREME
COURT NOT a JAN DELIVERr.

coup.si for HsKs-. WIN Appeal fre~ That
sna VIII Ivy The suPrs-s Court Diree'
for = HsbeR- Corpus-Neanti--e ne Hay
Not ne safe 10 Keep MeKans at WorN.
Judge Lscombs OF the United States Circuit
Court has dismissed the second habeas corpus
proceeding In his court BY which II was sought
to obtain John Y. McKane's temporary release
from Sing Sing. McKane first applied for q
writ alleging that he Was imprisoned in VIOLA
ton Of provisions Of the United States Consti-
tuition which he set forth. His application was
denied and he appealed to the United States
Supreme Court. This appeal is pending. His
new application is made. pending the appeal.
under section 700. United States Revised
Statutes. which says:
Pending the proceedings appeal In the cases men.
toned in the three preceding sections and until nnsl
Judgment therein, and after nnsi judgment Of dts
charge any proceeding against the person 80 imprs
70. sn matter o. ps S ard OF 81 nn
q being heard ard ds..rmin:d, Snd.T :Ssh writ Of
-. The petitioner now, on his second sppllca-
ton, alleges that this law IL being violated by
his continued i'm prisonment pending his, ap:
b. The terms Of his hp ssatenes to do hard labor
Thus. as he contends. his sentence under the
sppes S bis sGT T.t & s0 being *
In authority are each day violating section I0b.
765 has been inSok ed In this circuit solely to
postpone the execution Of the death sentence.
limited number OF appeals and Of postpone
msnts OF execution could be secured under this
statute si to correct possible abuses q the
k.nste By Senator Vest In 1901. but was ap,
psrently never passed, so that the statutes re-
whether McKsne is Illegally In, custody. not
whether i'm posing hard labor on him Is vio-
lation OF section 1oa Section 7o5 SAYS:
:s.i >. !si:a on such Term. .nd Snast .Scs T.sS.:
person ..r,d to be in prison. connh.d restrained
n: ., !, .. s.aI hr o sns s or
Judge hearing the cause
Under this section the Supreme Court in
1886 established the following regulations:
r.s .. %
~ ,So 70 p.on. S not %, t. .S.a
Pending an appeal from the nns d.cison OF any court
ID: pri.on.r shall be Tsmsnd.d to the custody from
b. a.ansd eu.oap Of a.: eous FoS or
Judge or b: sn..rs.d upon rss.. nt.nee as h,rea.t
sion any eourt or Jads. d.essrsns 10. prisoner
Ss p. snGsa %p.n S Of The
sSss, except (, .S.I: for special r'asOns 'ur'''
This rule" Judge Lacombe says. is de-
terminstiye OF the beading application. Il
supplements section 7G8. by providing that al
State Court or state authority are to be deemed
null aud void tho custody in which the pris-
oner was when he applied for the writ shall re-
main undisturbed despite the endeney Of bis
appeal. Realtors counsel Insist that this
clause OF tho rulo is Inconsistent with sec
ton 7GU. and therefore void. Evidently
the Supreme Court did not think So
or IL would not have adopted the rule.
In conformity to the regulations thus made
by competent authority under q law OF the
United States, Mckane hould. during the pen
dency OF his appeal from this courts denial Of
his first application. remain IN the custody in
which he was when such application was de-
MED. In that custody he now 10, and. there
fore. he 10 not In custody In violation Of q law
OF the United States. as alleged In the petition
now presented"
Ineid entaiiy Judge Lacomb be says: Whether
the daily i'm position OF hard labor Ia or is not
. further proceeding against the prisoners
person Is an interesting question. which. how
ever. need not be decided on this application.
This 10 not a proceeding to enioin state on
GERS from doing any particular act. nor to
punish them criminally for an assault COM
mi;ted In violation OF law nor to recover am
ages from them ciyilly for some wrong done
to the complainant"
Job as clothing cutter. pending these proceed
ings. OF course another appeal will be TAX en-
to the United States Supreme Court from Judge
Lacomb e's decison. and besides an application
TO- that court direct for . writ OF hAb eos corpus
will be made.