The morning times., 1895-11-19

The conviction and sentence of W. II.
Cmne, Isaac Ross, and Philip Stan
in the United States court for the southern
district of California, were affirmed yester.
day by the Supreme Court Of the United
States, the opinion being read by Mr.
Justice Brewer.
The appellants were local officers In Los
Angeles of the American Railway Union
and were indicted for conspiracy TO obstruct
the mails on the Southern Pacific Railway
at the time OF the great railway strike IN
the summer OF 1894. They were sentenced
by Judge Ross to imprisonmentin the county
Jail at Los Angeles for eighteen months,
and appealed from that Judgment Iheoriy
question of law considered by the court was
one raised in the argument of the case, that
it was incompetent for Congress to impose
a heavier penalty for conspiracy TO commit
a crime than that imposed for the com
mission of the crime itself.
This, Judge Brewer said, was Incorrect
the power exists 10 separate the conspiracy
from the crime itself and To aifiX distih.t
and independent penalties TO each. Ihere
was no error in the trial of the convicted
men, and the Judgment of the court below
was affirmed.
VAN YRANKEN CASE.
Upon the authority of johnson vs. sayre,
| decided at the last term of court, the
| Supreme Court reversed the order OF Juuge
| Hughes, of the Federal court for the
| Eastern district of Virginia. releasing
| James Van Vranken from the custody OF
| John F. McGlensil, an officer OF the United
| States Navy. Van Vranken was clerk or
| Paymaster Bellows, who had been found
| guilty by naval court martial of convert
ing to his own use 81 ,223 of the funds
intrusted TO the paymaster, and sentenceu
| TO Imprisonment for a year.
| Judge Hughes released Van Vranken
1 holding that he was anlenable TO the civil
courts for his crime and not TO the military.
| This position the Supreme Court sald III
the case of johnson VS.. Sayre. involving
/ precisely the same state of facts. was IN
! correct. and reversed the order OF release
In the meantime, however, Van Vranken,
| it is said, has taken himself out OF the
| Jurisdiction of the Naval authorities
PACIFIC ROADS AND TELEGRAPH.
The long pending case of the United
States against the Union Pacific Railway
Company and the Western Union Tele-
praph COMPANY was settled today by the
unanimous decision of the Supreme Court
announced in an opinion delivered by MI
Justice Harlan.
The decision is one of the most important
that has been made by the Supreme Court
affecting the relations of the Government
and the Pacific railroads, declaring as it
does, that Congress has the right To add
to, amend or alter the acts of lS62-6f,
| granting aid in bonds and land tn the COM
papy for the construction of its line.
The proceeding involved in the present
decision was brought by the Attorney Cen
eral IN pursuance to the directions con-
taIned in the Anderson act of 1888, which
required all companies engaged In operat,
ing railroad or telegraph lines which had
been aided In any way by the Government
to maintain and operate through tnelr
own respective corporate officers, teie-
graph lines for all purposes, and to exer
else by themselves alone all the telegraph
franchises conferred upon them.
In his opinion Mr.. Justice Harlan said
in reference to the object and scope OF the
Pacific railroad acts, that the first eighteef
sections of the acts of S62-64 are wholly
Inconsistent with the idea that the Unior
Pacific Railroad Company could have ful
filled its obligations to the government by
simply constructing railroad, without
making any provision whatever for the con
struction or operation OF telegraph iine
thereby leaving all communication nv t"'"
graph along its route to the absolute contro
of private corporations deriving no author
tty from the national government and whos'
operations would not ordinarily be sub
tected to national supervision
AGAINST THE TELEGRAPH
The opinion further holds that since the
passage of the act of 1866 no telegraph
! company can, by contract with railroad
company. operating one of the posi-
roads of the United States over which inter
state commerce is conducted, acquire al
exclusive right to such railroads for telt
graph purposes
The cause was remanded to the circuit
court. with instructions TO make sup
Elemental decree enlarging the period ii
which The railroad and telegraph com
panies may make such arrangements, ad
iustments and changes as shall become nee
essary by reason OF the anDulling or tn
contracts between them, to carry out Il,
| provisions OF the final decree of that court