The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-19
CIVIL VERSUS NAVAL COURTS.
ANOTHER RULING IN THE CASE OF
CLERK VAN VRANKEN.


The Highest Tribunal sustains the
Jurisdiction of the Court-MartIaI.
The Conviction and Sentence OF
Three American Railway Union
Officers Affirmed A Decision
Against the Union Pacific in It's Re-
Inuons with the western Union
telegraph Company.
Washington, Nov. 1S-Upon the author
ity of Johnson VS. sayre. decided at the
last term Of court. the supreme court OF
the United States to-day reversed the or
der of Judge Hughes of the federal court
for the Eastern district of Virginia, re-
leasing James Van Vranken from the Gus
tody of John II. McGlensil. an officer Of
the United states navy Van Vranken was
clerk Of Paymaster Bellows. who had been
found guilty by naval court martial OF
converting to his own use Sl.22s
Of the funds entrusted to the paymas-
ter, and sentenced TO imprisonment for a
year Judge Hughes released Van Vran-
ken, 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, in
volying precisely the same state Of facts,
was Incorrect, and reversed the order OF
the release. In the meantime however,
Van Vranken, 1t is said. has taken him.
self out Of the jurisdiction of the naval
authorities.
The conviction and sentence of w. II.
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 the United
states, the opinion being read by Mr.. JUS
tce Brewer The appellants were local
99flcers in Los Angeles Of the American
Railway Union, and were indicted for
conspiracy TO obstruct the mails In the
southern Pacific strike in the summer Of
1894. They were sentenced by Judge Ross
to Imprisonment in the county fail at Los
Angeles for eighteen months and appeal-
ed from that judgment The only ques-
ton OF law considered by the court was
one raised In the argument Of the case,
that II was incompetent for congress to
impose a heavier penalty for conspiracy
70 commit crime than that imposed for
the commission of the crime itself. This.
Judge Brewer said was incorrect; the
power exists to separate the conspiracy
from the crime itself and to afiix distinct
and Independent penalties to each. There
was no error in the trial Of the convicted
men, ana the Judgment of the court be-
low was affirmed.
The long-pcnding case OF the United
states against the Union Pacific Rail-
road Company, and the Western Union
Telegraph Company was settled to-day
by the unanimous decision Of the supreme
court, announced I'm an opinion deliv-
cred by Mr. Justice Harlan. The decls-
been made by the supreme court Affect
ing the relations Of the government and
the Pacific railroads, declaring, as IL
does, that congress has the right to add
to, amend, or alter the acts Of ls62-GA
grantnG pida an hands aud !. asaa. ~. o.a.tae
company for the cOnstructlon OF its line
The proceeding involved in the present
decision was brought by the Attorney
General In pursuance to the directions
contained In the Anderson act of 1888.
which required all companies engaged IN
operating railroad or telegraph lines,
which had been aided in any
maintain and operate through their own
respective corporate offices, telegraph
lines for all purposes and exercise by
themselves alone all the telegraph fran
chises conferred upon them. The suit
was brought in the circuit court for the
Eighth circuit, and was originally heard
by Mr. Justice Brewer, who declared
the agreements between the Western Un-
ion and the Union Pacific Telegraph Com
pany, by which the former held exclu-
along the railroad OF the latter, to be
null and void and Of no effect" and
directed the Union Pacific to at once put
an end 70 all relations between II and the
telegraph company, and to operate It's
own line Of telegraph. The case went to
the circuit court Of appeals and Judges
Caldwell and Thayer reversed Judge
Brewer in modified decree but holding
generally that the end sought by the gov
legal means, and dismissing the bill for
want Of Jurisdiction. The supreme court
by Its decision reversed the decree or the
court Of appeals and affirmed that OF
Judge Brewer at circuit.
The opinion further holds that since
the passage Of the act Of 1896 no tele-
graph company can by contract with a
railroad company, operating one Of the
post roads Of the United States over
which interstate commerce is conducted,
acquire an exclusive right to such rail-
roads for telegNaphic purposes
The cause was remanded to the circuit
court, with instructions to make a sup
ntauuenfql HneFpa "a in
which the railroad and Telegraph COM
panies may make such arrangements, ad-
justments, and changes as shall become
necessary by reason Of the annulling OF
the contracts between them, to carry out
the provisions of the final decree of that
court.