New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-05
WASHINGTON NEWS NOTES..
ELvERTON r. CIIAPMAN'S CASE BEFORE
THE SUPREME COURT.


. CHANGE IN THE METHOD OF INSPECTING steel.
PLATES FOR BATTLE sIIIPs-THE ANTI
LOTTERY LAW INEFFECTIVE.
Washington. Jan. 4.-The petition OF counsel Tor
Eiverton r. Chapman TO file an application TOT
writ OF habcas corpus In his behalf was presented
in the Supreme Court OF the United States to-day
by ex-senator George T. Edmunds and granted
An order was entered fixing the argument Tor
March o. Mr. Chapman being in the mean time re-
leased on bail ir the sum OF 1900 In presenting
the petition Mr.. Edmunds said that ne ana MS
brother counsel. J. NJ Wilson appeared on behalf
OF Everton X Chapman. who Is known to the
Court by this time by reputation at least-a state
ment which caused "A smile OF acquiesccnce 10 per-
wade the courtroom lie said that the application
was ba sed upon the fact that Chapman was now
I'm the custody OF the Marshal. pursuant 10 the
tudgmen, Of the Court OF Appeals OF the District
OF Columbia which judgment. IL was alleged was
invalid because the statute under which he had
been convicted was unconstitutional Mr.. Edmunds
suggested TO tho Court that III your Honors see ~
20 grant the petition. ! assume YOU VIII. the
argument Of the case be fixed for date not carrier
tnan March D.. as for physical reasons IL wouio nc
necessary for him TO spend the winter In the South
MIR Chapman TO be admitted 10 bail In the mean
time"
Have YOU any suggestions TO make inc 'hie'
Justice asked Of solicior-icneral Conrad
only that my successor may be In Office ut that
date" he replied and II may not be convenient
for him to go on then En as me o recog
nse the ground asked by counsel Tor postpone
How viii Monday. March IL. suit" inquired
chief Justice Fuller - d.
st the case FOR hearing on tina, date shall gladly
conform 10 the arrangement hut there are me m,
much prefe. Monday the pa said Sir. Edmunds
liz. H.. fIe
issnsd TO The Marshal. and Mr chapman released
how much bail. turning r. TO S Mr. Of W s1s@
Then take his re,osnizsnce In and ne M S W
s client, n"'''s" CUT ~ ''' wv
secre,s. ., Herbert, Assistant Secretary McAdoo anG
commodores Hichborn and Melville were closeted all
morning with Captain Mccormick. Naval constructor
pashie and Chief EnEi1eer Smith. constituting the
Board which has Inspected the defective steer oHer'u
for the hatflcships building at Newport News ana
although no decision was announced as 10 the reSu,
NJ tho Investigation II learned that kilograms have
been of the civilian applicants for the
suggested steel inspectorship. warning them they
may be examined In competition before the end OF this
week at the Navy Department. 1t Is understood
that al least six OF these civilians will be selected
al once and substituted for the naval officers who
have proved unequal 10 the duty. Their compensa-
ton has been fixed al 81 per day. and eventually a
considerable number Of them will be employed An
other radical change in the methods or steel nspec-
ton Is contemplated in reorganization of the De-
partmental Steel Board which has heretofore consist
"a OF TWO line officers and one engineer Hereafter a
naval constructor is TO he substituted Tor on OF the
ilne officers This H. deemed advisable. as the con-
strucors are believed 20 be most competent judges
Of the material used in shipbuilding.
Tho efforts Of counsel to secure a Judgment from
the Suprem, Court of the United States upon the
constitutonalty Of the law for the suppression OF
lottery traffic through National legislation and
the Interstate Commerce act. In the prosecution
Of Albert l.. France ct al. indicted for con-
spiracy violate the act by traffcking IN lottery
slips and drawings between Cincinnati and Gov
ington KY have come to naught The Court for
the Southern District of Ohio found the defendants
guilty. and they appca 90 to the supreme court
of the United States. The case was argued ny
James c. Carte: for the defendants and by As
s,s,ant A,tornev-C General Whitney for the Govern
mcnt their arguments being largely devoted 70
the question Of the constituionality OF the law.
But said Mr.. Justice Peckham, dsposing OF the
case to-day. the Court did not find 1t necessary
10 pass upon the constitutiona,y of the law. for,
in the opinion of the Court, the acts complained
NJ tho carving Of papers and books used In the
lottery drawings. did not. within the meaning or
the statute, constitute an onence ps,,cn
already been drawn: the papers carried ny the
messengers were not then dependent upon n me
ss, OF LOOKS Sax ' to the future The
the snd be- We
sustain n conviction on that ground The judg-
n,onf ~ conviction reversed and the discharge
~ Tho attendants ordered Mr.. Justice Harlan
dissened The Assistant Attorney,General says
that IN view OF the decision. IL Will be necessary
~ amend the statute before II be made
effective irrespective of the question of It's con-
stitutonality.
Among the attorneys admitted TO practice In the
United states Supreme Court to-day were Theodore
8 Hancock, Attorney-General Of the state OF New
York; Paige Morris. Congressman-elect from Du-
I,Iih MINI who defeated Congressman Iowne ~
,ho recent election, and Congressman Nell, OF
Arkansas