The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-01-07
FROM TIE NATIONTS Capital
-
A BATCH OF DECISIONS REN-
DERED BY THE L. S. SU.
PREME COURT.
A NUMBER OF DECISIONS REVERSED
Secretary Francis Makes II New Ruling
as to Cherokee Outlet Settlers.
Washington News and Notes
Of General Interest.

Washington, Jan. 4.-Thc supreme
court today reversed several old decisions
Of the late Judge Parker, of the western
district of Arkansas Among them was
the case Of Henry Starr, who appealed
from sentence Of death for murder in
the Indian Territory which was Starr's
second conviction. The appeal in this
case was based upon the technical ground
that IL warrant was admitted as testi-
mony in the absence of the official seal.
Justice White rendered the opinion in
this case, ordering a third trial.
Another case of considerable interest
from the Indian Territory decided in
favor of the appellant was that of
| Jesse John Nofrc, under sentence Of
death for the murder Of Fred Rutherford.
Rutherford was a white man who had
married an Indian sQuaw. and the ques-
| ton involved into the ease was whether
the act Of marriage if it had been in
proper form, would make him n citizen,
and in this case the federal court would
! have no jurisdiction over his murdcrcrs.
! 1t appears however, that the marriage
| had not been conducted in proper form.
| Assistant Attorney General Whitney, in
| his argument in the case, showed that
| Rutherford had been remiss in failing
to comply with the Cherokee law in his
marriage, and an opinion from the attor
ncy general from the Chcrokccs was
not comply with these laws of the In
| dians was not citizen of the tribe. JUS
ticc Brown delivered the opinion of the
| court, holding that Rutherford was n
Cherokee citizen, and, therefore, re-
versCd the decision of Judge Parker.
| holding that Noiirc is guilty of murdgr
under the laws of the United StatcS<Tt
is believed that the effect of this opinion
will have an important bearing upon the
distribution by the Dawes commission
The cont rendered n decision, through
Justice PCckhalR in the case of Albert
l.. France and others. involving the anti
lottery law of 1889 France and his fell
low appellants were convicted in the dis
trict court of Ohio on the charge of CON
spring 10 violate this act, and the YER
diet of that court was reversed by this
court. The opinion was handed down
by Justice Peckham.
IL does not COntsruc the constitutional
ity of the lottery law, but was based upon
the ground that the act for which France
and his associates were convicted was
after the drawing Of the lottery, instead
OF subsequent to it, as provided in the
statutes. II appears that the defend
ants were arrested with slips of paper
81. Ia. tI,. a,
in the lottery world us "hct slips" in their
possession, while on their way from Gov
ington, Ky, where the lottery drawing
took place, to Cincinnati, where the sale
Offices were situated. In rendering the
opinion, Justice peckham said:
The lottery had already been drawn
and the papers carried by the mcsscn-
gers were not those depending upon the
event of any lottery. The language, as
used in the statut, books, looks to the
future. If the lottery had been drawn,
the interest is no loi ger dependent upon
1t. The condition upon which the bet
or interest was dependent had happened
ana since the solution of the problem
has already been !, lvcd ut the bet has
aircady hcen der rmincd.
Continuing, l. Said "rhc statute does
not cover . ground, and, however rep
rchcn ~ the acts of the defendants
app 4 TO ne, we can not sustain the iudg-
nrnt on that ground. Although the iudg-
meht is narrow one, we are compelled
to conStrue the statute strictly. The |
Judgment is reversed and the case is re-
mandod for reversal of judgment and
dischargCpf the prisoners
Justice hlammund diSscutcd.
Justice White rendered decision in !
the case of The Sioux Indians VS.. The
Northern Pacific Express Company. hold |
my that the term citizen" in Indian |
depreciation eases, does not apply TO cor |
pofalions. The state law of Missouri !
holding railway companies responsible !
Tor ire caused 10y railway engines, was |
sustained. The case was against the |
Missouri Pacific.
In the case of John +. Bushnell VS.. |
I tNrus Leland, receiver of the State Ma |
tionul bank of Wichita. Kan. the court !
affirmed, in decision rendered by JUS |
tice White the right of the National bank
receiver appointed by the comptroller of
the currency to enforce the individual |
liability of the banks Stockholders.
An opinion rendered 10y Justice Brown
IN the case of William G.. Ford, Jr.. and
Mr.. Lewis L. Levy vs.. The Delta Pine
Land Company. decided the ownership
of 200 different tracts of land. including
l12lGO acres in nine different counties
I'm the state of Mississippi. The lands
Nerc acquired by the Pine Land com.
Eny upon tax sales for levec improve
&nts, which the former owners resisted
the ground that the lands. which had
l~ formerly granted 10 the McmphiS,
IT ASpringS and Louisiana Railway com
paN were exempt. The case was ap-
penBd from the southern district of Mis-
sissippi 10y theFownerS, the decision hav-
ing been adverse 10 thcm The deci-
sion, was today affirmed.
FORMER DECISIONS REVERSED.
Seer, tary Francis Reversed Some Dcci-
Sions Of Former Secretary Smith.
Washington, Jan. 4.-Secretary Francis
has imucnrated Il policy for giving full
qualification for entry 10 those udividu-
ais who in good faith entered the Chero-
kee Quiet from the east side ON which
the Ottco. Missouri and other Indian res
crvations are located. This is reversal
Of the ruling of Secretary Hoke Smith,