New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-01-23
SUGAR TRUST CASES AGAIN.
BROUGHT Up on APPEAL TO THE SUPREME
COLRT OF TIE United Static

BROUGHT Up on APPEAL TO THE SUPREME
COURT or THE UNITED STATES
Washington. Jan 22.The matter OF the Sugar
Trust officials and brokers and the newspaper cor
respondents who under Indictment In the Su-
preme Court OF the District Of Columbia for rcfus
ing to answer certain questions put TO them by the
special committee OF the Senate has been trans
ferred the Supreme Court of the United States
J. W. Wilson, attorney for l.. r. Chapman. the
broker who was surrendered into the custody Of
Marshal Wilson last week, filed "A petition for a
wri; of habeas corpus. The petition narrates the
facts in connection with his examination by the
Senate committee his Indictment under section l09
of the Revised Statutes. and his surrender ly
bondsmen TO the Marshal 1t then sets up the fol-
lowing reasons why the writ should issue:
l. That the District Court is without authority
and Jurisdiction to Issue order of imprisonment:
. That the questions asked Of petitioner by the
special committee related to his lawful private
business. which he protected from making
any answer TO because 1t was an attempt TO make
unrea bic and unlawful search into his private
affairs in contravention OF the fourth dmeHdment
and other provisions OF the Constitution and laws;
and because the resolution OF the Senate Under
which IL was acting did not authorize he commit
tee to ask the questions.
g. That the Senate H. without power or )urisu'cnon
to compel inquiry into such private ana'rs' except
where 1t is prosecuted in aid OF the exercise ana
execution Of some one more OF the judicial func-
tions OF the Senate. which was not the purpose oi
the inquiry in Chapman's case.
That the refusal Of the petitioner TO answer the
questions did not constitute a misdemeanor "itnn
the true intent and meaning Of section lo2
D. That section l02 Revised Statutes. IL unco1sti-
tutional and void because II IL an attempt on the
part OF Congress to abdicate the functions powers
and jurisdiction bestowed By the Constitution on
the houses thereof. respectively. TO punish con-
temp, Of their authority. and is an attempt 10
transfer the power 10 punish acts constituting
contempt Of the Houses respectively to the eX-
elusive discretion and Jurisdiction Of the criminal
court of the District OF Columbia.
g. II IL be held tina; said section lO2 Is intchded 10
add 10 the power OF congress to punish LOT con-
tempt the power OF the District Court TO PUNISH vac
same misdemeanors. then IT Il uncoisl.odd
tiona for being In contravencn OF the min aWenu-
mcnt 10 the Constitution: $1,000. COR
In addition to asking for writ OF habeas uo,
be. a writ of oertorari Issue to the clerk OF me
said Supreme Court of the District OF COLUMBIA u
bring up the record Of the case In that court
Court to-day Chief Justice Fuller asked ASSISTANT
Acknowledgment Conrad II any notice had been zen
given the Government Of the intention to ASK for
a petition and Mr.. Conrad replied that while ne
Government had received sufficient notice ne
thought that the petition did not show sufficient
grounds why the Court should interfere In the mat
ter. The Chief Justice said the Court would deter
mine dr .h1 ar'e Of asked in
behalf Of j. $ Schriver WASHINGTON Correspondent
OF THE New-York Mail and Express" 10 file petit
ton involving the points those In the Chap
man petition. and some additional points. re was
informed that similar course would be ioIoT I,1
munds. OF Vermont, counsel Cor II. o. Havemeyer'
told the court that II 4 should grant the petition ns1
poned. ne was not we'll and wished to argue the
case. , ,,,-,, c..
No this afternoon by his bondsman and given
over to the custody of the United States Marshal
pus might declare that he was una wfuliy doprvea
OF bis liberty