Birmingham state herald., 1895-11-26
SUPREME COURT DECISIONS Moot Cases and Abstract Ques-
 tionS Ruled Out. A LES tR CARRIER DECISION  GfSS e Goode Must Serve Out His Three-Year S Sentence.
THE COURT ADJOURNED TO MONDAY
After Hearing the Resolutions Adopted by the Bar Association in Respect of the Late Associate Jus
 tice Jackson.

Washington, Nov. 25-This court does not sit to try moot cases nor to decide abstract questions, said Mr. Justice Gray today in the supreme court of the United States, and for that reason he announced that the case in the appeal of Lawrence F. Mills ys. w. Briggs Green must be dis missed. This was proceeding growing out of the election of members of the constitutional convention in South Car olina, Mills asking for a writ of injunc- tion to prevent Green from removing his (Mills) name from the list of voters. The circuit court of appeals reversed that action and ordered the bill dis missed. Since the appeal has been taken to the supreme court from that judgment an election has been held and the 'consti- tutional convention was now in session. No relief could be afforded Mills by the decision at this date, and that being the case the appeal must be dismissed with cut cost to either party.
 A definition was given by the supreme court of the United States of the mean ing with which the words letter" and deposited in the mails contained in the statute imposing penalties for the em- bezZlemnt of a letter from the mails. It was announced by MT. Justice Brown in diSpoSing of the case of George Goode, a letter carrier in Boston, convicted of extracting a letter from the Roxbury branch of that city and sentenced to the penitentiary for three years. From that sentence an appeal was taken to the su- preme court of the United States on the grounds Q.) That decoy letter with fictitious address to a person having no existence and to a house that had no location. was not letter within mean ing of the law; and (2.) That the letter in this case was not deposited In the IIeBpx x.,lfI hn mi
 Upon these points the court said in their opinion that Q.) A letter within the meaning of the law was package that bore the outward semblance of letter and came into the possession of the de- fendant in his official capacity; (2.) that a letter was deposited in the mail to all legal intent when 1t was placed in any commandment ordinarily used for holding mail at any state of its progress from the sender to the receiver. That 1t did not reach the box from which Goode ex- tracted 1t in the regular channel had no influence upon the quality or character of the letter. The judgment of the low CT court was affirmed.
 In connection with a request of the meeting of the bar of the supreme court of the United States held last week, Att torney- General Harmon today presented to the court the resolutions adopted by the meeting in respect ofs the late AsSo- ciate Justice Jackson, and asked that they be spread upon the minutes
 Chief Justice Fuller, in responding, said: "There is little in the performance of judicial duty to attract popular atten- tion or to win popular applause but the influence of faithful service such as his, of labors so abundant of a life shortened by effort in the public interest, cut like the diamond with its own dust, can scarcely be over-estimated, and sooner or later will receive its need of recognition"
 The pathetic incident at the close of Mir Justice Jackson's career, referred to by the attorney general (his coming from a sick room to attend the rehearing of the income cases) was characteristic of the man. Devotion to duty had marked his course throughout, and he found in it's inspiration the strength to overcome the weakness of the outward man, as weak and languid he appeared in his seat for the last time in obedience to the de- mand of public exigency, The response to the roll call under such circumstances gives complete assurance, though indeed it was not needed, that when, few weeks later, he came to the passage of the river a good conscience, to whom in his life time he had spoken to meet him there, lent him hand and so helped him over.
 The resolutions and remarks by which they have been accompanied will be en- tered on our records, and the court will now adjourn to Monday.