The San Francisco call., 1897-11-06
FINED FOR
SPARINC A
MURDERER
Acting Warden Edgar
Found Guilty of
Contempt.
DELAYED THE DEATH
OF EBANKS.
Judge Torrance Imposes Pun
ishment Upon the San
Quentin Official.
RAISES A QUESTION AS TO
JURISDICTION.
Declares That the Federal Court
Had Not the Right to Inter-
Judge Torrance imposes Pun.
ishment Upon the San
Quentin Official.
RAISES A QUESTION AS TO
JURISDICTION.
Declares That the Federal Court
Had Not the Right to Inter-
fere.
Special Dispatch to THE CALL

SAN DIEGO, Nov. 5.-Judge E. S. Tor
C. Edgar of San Quentin prison guilty of
contempt OF court and find him $500. Edgar
was cited to appear to show cause why
he should not be punished for contempt
in having neglected and refused to hang
Joseph Japheth Ebanks on October 8, as
ordered by Judge Torrance Edgar ap-
peared personally and Assistant Attorney
General Carter also appeared and told
why the execution was postponed, stating
that it was done on the advice of his
office, as an appeal had been taken to the
Supreme Court which acted as stay of
execution. Judge Torrance, in finding
Edgar guilty, held as follows:
First-That as the Federal courts are courts
OF limited jurisdiction, in the sense that they
have only such judicial power as is vested in
them by the Federal constitution and the Law
OF Congress in order to bring case within
their Jurisdiction, the facts giving them juris-
diction must affirmatively appear in the plead
ing upon which their jurisdiction is invoked.
Second-That petition for a writ of habeas
corpus, presented to District Court OF the
United States, does not state sufficient facts to
invoke the Jurisdiction OF that court where
it appears therefrom that the petitioner is i'm
pIisoned in q State prison under final
judgment of death pronounced against him
by a Superior Court of this State, and where
the only claim made by the petitioner, upon
which he bases his contention that such i'm.
prisonment is in violation of the Federal con-
stitution, is that he had been accused of the
crime of which he was convicted by the infor-
nation OF the District Attorney, and not by
an indictment of a Grand Jury; and that, in
addition to the death penalty, the judgment
also directed him to be confined In the State
prison ntil tho time fixed for his execution.
Third-That when the Supreme Court OF the
United States has once decided that pa ticu.
lar act done or proceeding taken under State
authority is not in violation of the constitu.
ton of the United States, then 1T can no longer
be contended that upon the same facts there
still remains Federal question which will
sustain the jurisdiction of Federal court,
under the claim that such an act or proceed
ing contravenes the provisions of the Federal
constitution.
Fourth-That an appeal taken to the Su-
preme Court of the United States from the
decision of District Court, denying petition
for writ of habeas corpus, where 10 Federal
Issue was in fact rendered by such petition,
does not, by virtue of the provisions of section
766 OF the Revised Statutes of the United
States, stay further proceedings in the State
court, or under State authority, and furnished
no legal justification to the Warden of the
State prison for his omission to execute the
death penalty at the time.
Warden Edgar is not here and it is not
known what be will do. 1t is quite
likely, however, that he will apply to the
Supreme Court for a writ of review. If it
is held that Judge Torrance was right in
finding him guilty of contempt it follows
that the Warden of San Quentin will not
soon again bring himself into contempt
by recognizing frivolous appeals to the
Federal courts. If the judgment: is found
invalid the matter will simply end there.
after disposing OF the contempt pro-
ceedings Judge Torrance ordered Ebanks
before him and sentenced the murderer to
death by hanging on Dece m ber g. This is
the third time that date has been fixed
for Ebanks' death.