Evening star., 1896-12-09
OIL MARGARINE CASES
Enforcement of Sentences Postponed Until
Next Monday.
Counsel Will EndeavOr to Have the
stitutiOnality of the Law.

Israel c. kollock, VIM. o. Lusby and
Saml. j. McCaully, the dealers who were
convicted last spring of violating the oleo-
margarine laws, were brought before Judge
CCle in Criminal Court No. 1 this morning
when District Attorney Birney asked the
immediate enforcement of the sentences
imposed upon the men. But their counsel,
MIR. Henry E. Davis, secured a postpone
II ent of the matter until Monday next, in
order that an effort can be made to induce
the United States Supreme Court to con-
slider the constitutionalty of the law un-
der which the men were convicted.
When District Attorney Birney called the
matter up today, Mr.. Davis frankly con-
fessed that the men are and will be unable
to pay the fines imposed upon them. and. as
they must stay in Jail until their fines are
paid. or until they show their inability to
pay them, for thirty days at least, he de-
sired an opportunity to again test the con-
stitutionality Of the law ipt the Supreme
Court before they are imprisoned.
MIR. Prnther's Case.
Mr.. Davis referred to the case of Wilkes
c. Prather, also convicted last spring of
violating the oleomargarine laws, explain
ing that the Supreme Court a few days
ago dismissed the writ of error, thereby
affirming the decision of the Court of APP
~
PIather.
The Prather case. said Mr. Davis, is in a
position similar to that of the case of Mr..
Elverton r. Chapman, convicted of refus-
ing to answer inquiries of the Senate sugar
trust investigating committee.
1t is the intention Of Mr.. Chapman s
counsel, said Mr.. Davis, to ask for a re-
hearing of the case, and, failing in tina t.,
custody of the marshal and then apply for
a writ of habeas corpus. hoping in that
proceeding to have the Supreme Court pass
upon the conStitutional:ty of the statute
under which Mr.. Chapman was convicted.
Intending to pursue similar course in the
Prather case. and Immediately. Mr.. Davis
asked that the enforcement of the sentence
imposed upon Kollock, LuSby and McCaully
be postponed for a reasonable time in order
20 allow him to prepare the necessary pa
pers, especially as public justice will not be
shocked or endangered.
District Attorney Objects.
Mr.. Birney objected to the requested post
ponement. He saw no connection between
the Chapman and Prather cases. and he
contended that the cases of Kollock, Lusby
and McCaully stand Independent of the
Prather case.
Those three cases, and not that of
Prather, are before the court, and Mr.. Bir-
ney explained that until the Supreme Court
sends down its mandate he could do moth
ing either in the Chapman or Prather case.
The remaining oleomargarine cases, re-
marked Mr.. Birney. have been too long de-
layed, and the Court OF Appeals has
twice sustained the validity of the law,
no other court in the land ever having
questioned its constitutionality. he saw no
good reason for delay in enforcing the SEN
tence imposed upon the three men before
the court.
Mr.. Davis replied that he had no other
motive in asking for the postponement
than desire for an opportunity to test
the constitutionality of the law. the Su-
preme Court not yet having directly passed
upon that question. He promised to test
the matter in a week s.time.
Judge Cole thought that Mr.. Davis re-
quest was reasonable one, and he, there
fore. postponed the enforcement of the SEN
tences until Monday morning next. Mr..
Davis expressed himself as being satisfied
with that, and he promised to surrender
the three men to the custody of the mar
shal at that time. By that time he will, he
said. have the necessary papers prepared.
SO that a writ of habeas corpus might at
once be asked of some member of the Su-
preme Court.
The Sentences Imposed.
The sentences imposed upon Koilock and
McCaully. who were convicted Of both sell.
ing oleomargarine without license and
without being properly labeled, require
item to pay fine of 500 and SIS Is costs
in the first case and a fine of 500 and s25
costs and suffer Imprisonment in Jail for
three hours in the second. Lusby was
only convicted Of selling the stuff without
license. and was sentenced to pay a fine
of $500 and $3.50 costs, the defendants to
stand committed to Jail until the fines are
paid.
In connection with the above cases Mr..
| Biiney today gave notice that he will cali
up the case of Walter P. and Joseph VII:
kias for trial tomorrow. These men are
also charged with violating the oleomarga-