The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-10-15
SLACK-PERRINE
CASE DEVELOPING
The Famous Lawsuit Grows More Com.
plicated Daily.
AN AFFAIR OF NATIONAL INTEREST
The Action in Which Appeals and
Technical Points Are Bewild ering
Is Assuming New Phases..A Bill
for the Reformation in the Statutes
Bearing on the Question Has Been
Introduced in Congress.

Washington. Oct. 1.-THE somewhat
famous case of Slack VS.. Perrine, in
volving the custody Of the children of
Mrs. Slack, promises to develop q sem
sation along new lines, controversy
between the supreme court of the Uni
ted States and the courts of the Dis
trict of Columbia over the question of
Jurisdiction. The case Possesses many
singular and interesting features, and
one very important question is wrap
ped up in its disposition. Mr.. and Mrs.
Slack, who We're residents of the Dis
trict of Columbia, separated. Mr.. Slack
died while visiting his sister and BROTH
er-in-law, MIR. and Mrs. Lewis Perrine,
in New Jersey. BY his will, probated in
the district, he confided the custody Of
his children, two little girls, to his sis
ter, Mrs. Perrine. Mrs. Slack instituted
proceedings in the New Jersey courts
to obtain possession of her daughters
and Judgment in her favor was rem
dered by Vice Chancellor Bird, whose
decision was afterward set aside by the
chancellor, on the ground that the court
had no jurisdiction.
Afterwards Mrs. Slack renewed her
efforts, this time in the District Of Col
umbla, to get possession of the children.
two actions being instituted against the
Perrines. one for Injunction and the
other for writ of habeas corpus. Early
In June the district court of appeals,
by majority opinion. decided that
Mrs. Slack was entitled to the custody
of the little girls. and subsequently an
order was granted by the two associ-
ate justices of the court a majority of
the bench directing the judge of the
lower court in which the habeas cor
pus proceedings had been begun to is
sue an order giving Mrs. Stack the GUS
tody of the children.
WRIT OF SUPERSEDEAS.
In the meantime however. and afte,
the court of appeals had made its de-
cision In favor OF Mrs. Slack, the Per.
rines had prayed for a writ of error
to carry the case to the Supreme court
of the United States, and it had beer
granted by Chief Justice Alvey, of the
| court of appeals, the Perrines signing
bond in the sum of $4,000, which II
was claimed acted as writ of super.
sedeas.
Now counsel for the Perrines have
applied to the Supreme court of tht
United States for writ Of supersedeas
| directed to the district courts which
have been engaged in the matter fol
the purpose of annulling the order Oi
the lower court Of the district and the
| order OF the associate justices of the
court of appeals. on the ground thai
| their action subsequent to the issue
| Of the writ of error was in violation
of the laws, and Interrogation of the
| dignity and rights Of the Supreme cOurt
of the United States, as by the issue
of that writ, it alone obtained juris
diction of the case.
The will Of Mr.. Slack. by which h,
made his sisters testamentory guar
dian of the children was the subject
Of debate in congress in which Senator
| Hale remarked that if the laws of tn,
District Of Columbia permitted a mar
| to take his children out of the custod!
! of their mother by will, it was time
| the laws were changed. A bill to eff
| feet such a reformation in the statute.
| was introduced in congress.