The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-01-05
Suprcmc Court Decisions Affecting
Pnrtlch In lndinn Territory.

Suprcme Court Decisions Affecting
Parties In Indian Territory.
Washington. January 4--The 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 a
sentence OF death for murder In the Indian
Territory. which was STAIRS second con-
viction. The appeal in this case was based
upon the technical ground that a warrant
was admitted as Testimony In the absence
OF the official seal. Justice White render
ed the opinion in this case, ordering third
trial.
Another case OF considerable Interest from
the Indian Territory. decided In favor OF
the appellants, was that OF Jesse and John
Nohre, under sentence of death for the
murder of FIR u Rutherford. Rutherford
was white man who had married a Chsro-
kee squaw, and the question involved in
the case was whether the act OF marriage
had been made in proper form, which would
make him Cherokee, and In this case the
Federal court would have no jurisdicti IN
over MS murdersrs. II appeared, however.
that the marriage had been conducted wi, l /.
OH. full observance Of the Cherokee laws.
Assistant Attorney General Whitney, In mis-
argument In the case showed that Ruther-
ford had been romss In failing to comply
with the Cherokee law In his marriage, lad
an opinion from the attorney general OF
the Cherokees'was filed to the effect that a
man who does not comply with these laws
OF the Indians was not n citizen ot the
tribe. Justice Brewer delivered the opinion
OF the court holding that Rutherford was
Cherokee citizen and therefore reversed
the decision OF Judge Parker II is be-
icved that the effect OF this opinion will
have an important bearing upon the dis
tribution by the Dawes commission.
The court rendered decision through
Justice Peckham In the case of Albert l..
France and others. involving the anti-lot-
terry law of 1895. France and his fellow
appellants were convicted in Ohio on the
charge of conspiring to violate this act, and
the verdict of that court was reversed by
the opinion OF this court.
1t does not consirue tho constitutionaliiy
of the lottery law at all but was based
upon the ground that the net for which
| France and his associates were convicted
| was subsequent to the drawing of the lot
| terry instead of preceding It, as provided in
| the statute. II appears that defendants were
arrested with slips Of paper showing the
| result of the drawing, known in the lot
| terry world as "hit slips on their persons.
| while on their way from Covington, Ky,
| where the lottery drawing took place, 10
| ated
| In rendering the ,pinon Justice Peck
ktm said:
The lottery had already been drawn
the papers carried by the messengers wer,
rot these dependent upon the event OF
any lott ry, The language US used in
the statute books looks TO the future. II
the lottery had been drawn. the interest
is no longer dependent upon II. The CON
| ditiOn on which the BET or the interest was
| depen dent happened since the solution OF
the problem has already been arrived al:
the bet has already been determined
Continuing he says: H
THE statute does not cover the trans
| actions However reprehensivre the acii
| Of the plaintiff in error may he though
| to be we can not sustain n conviction on
| that ground, Although the objection ia
a narrow one. yet the statute being highly
| penal, We are compelled TO construe II
strictly. Hence the judgement OF the court
below was reversed and the case remandei
with instructions to set aside the judg-
ment and discharge the prisoners"
Justice Harland dissented.
Justice White rendered a decision in the
case OF the United States and Sioux lnd-
ans VS.. the Northwestern Express Com
pany. holding that the term Citizen of the
United States" in Indian depreciation cases
applies to corporations.
1he State law of the State Of Missouri
holding railroad companies responsible for
damage by fire caused by railroad loco
motives was sustained in two decisions by
Justice Gray, appealed to this court by the
Missouri Pacific Railroad company. Jus
tice Gray said the act was due exercise Of
legislative authority.
In the case of John i. Bushnell VS..
Cyrus A. Leland, receiver OF the State Ma
tional bank of Wichita. Kas., the court re-
affirmed in decision by Justice White,
the right OF national bank receiver APP
pointed by the comptroller OF currency to
enforce the individual liability of the
banks stockholders.
An cp.nion rendered by Justice Brewer
in the case of William G. Ford. Jr., and
Mr.. Lewis +. Levy VS.. the Delta Pine
Land Company, decided the ownership OF
200 different tracts OF land including 1l2,-
160 acres in nine different counties in the
State of Missouri, The lands were az
quired by the Pine Land company upon
tax sales for levee improvements which the
former owners resisted on the ground that
the lands which had formerly been grant
ed 10 the Memphis. Holly Springs and
Mobile Railroad company were exempt The
case was appealed from the circuit court
for the Southern district Of Mississippi BY
Ford and Levy the decision there having
been adverse to them. The verdict was
today reaffrmed.