The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-19
JUDGE HTGHEs REVERSED.
Important Cases Decided In the supreme
Court of the United states.

WASHINGTON, Nov. iS.-upon the au-
thority OF Johnson VS.. Sayre, decided at
the last term OF tho court. the Supreme
Court to-day reversed the order OF Judge
Hughes of the Federal Court for the
Eastern District Of Virginia, releasing
James Van Nanken from the custody OF
john T.. McGlensil an officer OF the
United States navy. Van Nranken was
clerk of Paymaster Bellows. who had
been found guilty by naval court-mar-
tial of converting to his own use 81, ,z3 OF
the funds entrusted to the paymaster.
and sentenced 10 Imprisonment for year.
Judge Hughes released Van Nranken.
holding that he was amenable to the
civil courts for his crime. and not to the
military. This position. the Supreme
Court said in the case OF Johnson VS..
Sayre. involving precisely the same state
OF facts. was Incorrect, and reversed the
order OF tho release. In the mean time.
however, Van Vrsnken, 1t is said. had
taken himself from the jurisdiction OF the
naval authorities.
The conviction and sentence OF W. III.
Clune, Isaac Ross and Philip Stanwood,
In the United States Court for the South
ern District Of California. were affirmed
to-day by the Supreme Court of tho
United States. tho opinion being read by
Mr.. Justice Brewer. The appellants were
local officers IN Los Angeles. Cal, OF the
American Railway Union. and were In
dicten for conspiracy to obstruct the
malls Of the Southern Pacific railway az
the time Of the great railway strike I'm the
summer Of 1894. They were sentenced by
Judge Ross to imprisonment In the county
jail at Los Angeles for eighteen months.
and appealed from that judgment. The
only question OF law considered by the
court was one raised In the argument OF
the case-that il was incompetent for Con-
gress TO impose heavier penalty for
conspiracy TO commit q crime than that
imposed FOR commission OF the crime It,
self. This, Judge Brewer said, was In
correct; the power exists to separate the
conspiracy from the crime itself and to
aiiix distinct and Independent penalties to
each. There was no error in the trial OF
the convicted men, and the judgment of
the court below was affirmed.
The long-Dcnding case of the United
states against the Union Pacific Railroad
Company and the Western Union Tele-
graph Company was settled to-day by the
unanimous decision of the Supreme Court,
announced in an opinion delivered by
Mr. 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
facihc railroads, declaring as IL does that
Congress has the right TO add TO, amend.
or alter the acts of lS62-'64 granting aid
IN bonds and land to the company for
the construction of its line The proceed
ing involved in the present decision.
brought bv the Attorney, General ~ Dur-
suance 10 the directions contained in the
Anderson act OF lSes. which required all
companies engaged in operating railroad
or telegraph lines, which had been aided
In any way By the Government 10 main
tain and operate. through their own re-
spectiye corporate Offices. telegraph lines
for all PURPOSES and TO exercise by them
selves alone all telegraph franchises con-
ferred upon them. The suit was brought
In the Circuit Court for the Eighth CIR
cult, and originally heard by Mr.. Justice
Brewer. who declared the arrangements
and agreements between the Western
Union and the Union Pacific Telegraph
Companies in which the former held ex-
elusive right 10 operate the telegraph
lines along the railroad OF the latter. to
be null and void and OF no effect, and
directed the Union Pacific 10 also put an
end TO all relations between it and the
telegraph company and TO operate its
own line OF telegraph. The case went be-
fore Judges Caldwell and Thayer. and
they reversed Judge Brewer In a modified
decree, but hold generally that the end
sought by the Government could be se-
cured only by other legal means. and
dismissiDg the bill for want OF jurisdic-
ton.
The Supreme Court. by It's decision to-
day, reversed the decree Of the Court OF
Appeals and affirmed that Of Judge Brew
er. OF the Circuit Court.
The opinion further holds that since the
passing of the act of lssj no telegraph
company can, bv contract with a rail-
road company operating one OF the post
roads of the United States. over which
interstate commerce IL conducted, ac-
qulre an exclusive right to such railroads
for telegraph purposes.
The cause was remanded to the Circuit
Court with instructions to make a sup
plenental decree enlarging the period In
which the railroad and telegraph compa-
nies may make such Arrangements. adj
justments. and changes as shall become
necessary nv reason OF the annulIing OF
the contracts between them. 20 carry
ho