The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-04-20
Several Decisions of Importance
Handed Down.
ONE WAS THE SUGAR CASE
SENTENCE OF THE COURT BE-
LOW Is AFFIRMED.
Decision in the Chapman Case Also
Affects Brokers Mccartney and
Seymour, Havemeyer and Searles,
Correspondents Edwards and
Shriver and others-other De-
cisions of Interest.

Washington. April 19.-The supreme
court today refused the application for
a writ of certiorari and habeas corpus
by Elverton r. Chapman, the broker
who refused to testify in the sugar
speculation investigation whether SEN
ators had speculated in sugar stocks
while the Wilson tariff bill was before
that body.
Chief Justice Fuller, who delivered
the opinion. held that the senate,
under its constitutional rights TO cen
sure and expel members, had the right
o investigate any alleged improper
conduct OK senators and could compel
witnesses to give testimony. The SEN
tence of the supreme court of the Dis
trict of Columbia to 80 days in Jail and
800 fine was affirmed and Chapman's
APPLICATION for writS of certiorari and
habeas corpus were denied.
The chief justice said the case was
entirely different from the Kilbourne
case.
The subject matter as affecting the
situation he said, was within the jur-
isdiction OF the senate. The questions
were not intrusions into the affairs OF
the citizens; they do not seek to aScer-
vain any IdClS as To the COHuuCl, IIcih-
DDS, extent or details of the firm in
question. but only whether that firm
ronfessedly engaged in buying and sell
ing stocks. and as to the particular
stock named, was employed by any SEN
ator 10 buv or sell for him any of the
stock which the market price might be
affected by the senate's action. We can
not regard these questions as amount
ing to an unreasonab BILE search into the
IL. -. ara1r
because he may have been in some de-
gree connected with the alleged trans
actions. and as Investigations of this
sort are within the power of the two
houses, thew cannot be defeated on
purely sentimental grounds.
Brokers MacCartney and Seymour,
Messrs. Havemever and Searles of the
Sugar trust; Correspondents T.. j. Ed
wards, of the Philadelphia Press. and
John S. Shriver, of the New York Mail
and EXoress, all refused to give testi-
mony before the investigating commit
tee. and are affected by the decision.
Mr.. Chapman is the only recaIcitrant
witness who has been tried by the
courts, his being test case.
In the case of Charles W. NordStrom,
under sentence of death in Washington
state. the court granted stay of pro-
ceedings to await the decision of Nord-
cision below refusing him a writ of
habeas corpus.
In the case of the United States VS..
Clarence r. Greenhouse, Justice Harlan
rendered an opinion holding that the
Tucker act did not repeal the clause of
a former law giving six years adj
ditional to claimants beyond the sea"
to file claims in the court of claims
against the government. Greenhouse
was consul general to Japan and made
claim for the return of fees turned into
the United States treasury to which ii
afterwards appeared he was entitled.
His case turned upon the fact of
whether the case was barred by limita-
ton.
The petition for writ of certiorari in
the case of the Mutual Life Insurance
company VS.. Nellie Phinney was
granted. The case comes from Cali
fornia. and involves a claim for the
payment of an insurance policy of
$1,000
Justice Harlan handed down the
opinion of the court in the case of the
Northern Pacific VS.. Junius G. Sanders
and others. involving the validity of
claims of land made by settlers under
the land laws within the limits of the
Northern Pacific grant, subsequent to
the government circular of 1872 with
drawing the land, and prior to the
definite location Of the line of the road.
The decision was favorable to the
claims of settlers that claims made un-
der such laws are valid.
The supreme court affirmed. in an
opinion delivered by Justice Brown. the
decision of the circuit court in the case
Of the petition of James Lennon for a
writ of habeas corpus. Lennon was a
locomotive engineer on the Lake Shore
& Michigan Southern railroad and as
such refused to haul the cars of the
Toledo Ann Arbor & Lake Michigan
company, in disobedience of an order
of the circuit court for the northern !
district of Ohio, because the engineers
Of the Ann Arbor road were on q strike /
and those of the other line were in
sympathy with them. Lennon was ar
rested and a fine of $50 imposed. This /
occurred in the circuit court for the /
northern district of Ohio. He immedi-. J
ately filed a petition for a writ of ha-
beas corpus which was successfully 1
defeated by the courts below and their !
action was sustained by the supreme |
court today. The case originated in |
1893 and attracted wide attention.