The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-11-25
DECIDED FOR MARK
JUDGE FOSTER MAKES a RULING
IN FAVOR OF MR. OLIVER.
lie Holds That Notary Public Has
No Authority To Punish for Con-
tempt and Releases Mr.. Oliver
From Constructive Gus. ody-De-
cision of Interest TO Lawyers.

Judge Fosters decision IN the l. J.
Oliver case. which was argued before him
on Nov. :. was received BE- the clerk of the
United States court yesterday
Tae discisioa Is quite lengthy and the
judge thoroughly reviews each point
raised By the attorneys IN the case He
held that under the federal Statute there
was not sufficient authority given 20 COM
nit person, who refused 70 testify before
4 notary public, especially in a case Ike
tie ore under discussion. He therefore
dissolved the commitment and released
Mr. Oliver from constructive custody.
Il will De remembered that Mr. Oliver
Was suhpoened 10 appear before Notary
Public Thomas Hess and testify 10 a
case wherein Mr.. Shelleuoarger was
plaintiff and Mr. Oliver appeared st the
time stated, but refused To testify, alles-
ing that he was willing 20 meet the plaiut-
Il in open court and testify as touching
any question that might be passed upon
b. the court, but he objected 70 giving a
deposition which voulG be in the hands Of
the plaintif many months before the
matter would be brought up in cour;
Tnereupon Notary Public Hcss issued a
-
coursmpt OF court. The commitment was
. AGED IN The hands OF Deputy Uuited
States Marshal carp and Mr.. Oliver was
formally. tu5 not actually, PLACID in Gus
toby. Inc attorneys for the defendant.
Aessrs. Stanley AMI Gordon, Went before
judge Reed aud sued out a writ OF habeas
corpus commanding Deputy Marshal
carp 70 come before the ccur; and snow
reason why Mr.. divers liberty should be
restrained. The writ was placed in the
hands OF Sheriff Royse. but before service
could be lad and a return thereof made,
United States Marshal Neeley uader in
strQciious OF the attorneys for the plaintiff.
Mr.. Sergeant OF this city aud an attorney
OF Minneapolis, ordered Deputy Marshal
carp TO release Mr.. Oliver from custody.
This procedure acted as bar 70 the hab=as
corpus Proceedings began IL the district
cour.
The next move OF the attorneys for the
plaintiff was TO bring proceeding before
Judge Foster al Topeka, ADD Mr. Oliver was
cited TO appear and show cause why be
should not be committed for failing TO
testify before the notary public.
AS stated before. the case Was argued to
j Judge Foster on November g. and owing to
the many points Of law raised the judge
took tue matter under advis-meut until be
should thoroughly examine the authori-
ti-s cited. Il Is said that the plaintiffs
relied largely upon . Kansas decision gov
erning the authority CT rotary publics to
commit persons who refused TO testify be.
fore them for contempt, but Judge Foster
held that the federal statutes did not cover
his point sufficiently to authorize him in
holding The defendant in contempt OF
court.
The decision will be read with great In
terest by attorneys aud notary PUZZLES, as
Judge Foster treats Of many moo ed Ques-
LfOl- Mr. tlIlga- and
receiving congratulations yesterday over
their victory. The questions which NJ.
Oliver refused to testify 10 were not OF
public nature, as WAS reported. They had
nothing whatever TO do with either the
bank, mill, coal yard or lumber business.