The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-04-20
SITS UPON CHAPMAN
SUPREME COURT DECIDES AGAINST
TIE sFoCKBR0KER.


Members as Affect Their standing. tn
Discovery of > Firms Private Affairs
Being Merely Incidental to the Inquiry
Noted Case of Engineer Lennon Decided
Against Him-Other Decisions.
Washington, April 19-The supreme
court today refused the application fol-
q writ OF certiorari and habeas corpus
by Elverton r. Chapman, the broker
who refused 10 testify,in the sugar spec
uiation investigation, whether senators
had speculated IN sugar stocks while the
Wilson bill was before that body.
Chief Justice Fuller, who delivered The
opinion, held that the senate under its
constitutional right 10 censure and expel
members had the right to investigate
any alleged improper conduct of sena-
tors and could compel witnesses TO give
testimony. The sentence of the supreme
court of the District of Columbia to
thirty days in Jail and 500 fine was af-
frmed and Chapman's application for
writs of certiorari and habeas corpus
were denied.
The chief justice said the case was en-
tirely different from the Kilbourne case.
THE subject matter, as affecting the
situation he said, WAS within the
jurisdiction Of the senate. The questions
were not intrusions into the affairs of
the citizens; they do not seek to ascer-
tain any facts as to the conduct, meth
DDS, extent or details of the firm in
question, but only whether that firm
confessedly engaged in buying and sell
ing stocks and as 70 the particular stock
named, was it employed by any senator
TO buy or sell for him any Of that stock
whose market price might be affected by
the senate's action. We cannot regard
these questions as amounting to an IN
reasonable search into the private af
fairs of the witness, simply because he
may have been in some degree connect
ed with alleged transactions, and as
investigations of this sort are within the
power of the two houses they cannot be
defeated on purely sentimental grounds"
Brokers MacCartney and Seymour.
Messrs, Havemeyer and Searles Of the
Sugar Trust, Correspondents Z. ]. Ed
wards Of the Philadelphia Press and
John S. Shriever Of the Express, all re-
fused TO give testimony before the in
vestigating committee, and are affected
by the decision.
Mr.. Chapman is the only Tecalcitrant
witness who has been tried by the courts,
his being test case.
HARRISON WINS CASES.
Gently argued in the supreme court Of
the United States by ex-President Har-
rison were today decided by that court
end both In favor Of the contention of
tine ex-president. One of these cases in
VOWED the right Of the city of Hammond,
IND, to annex land belonging to Caro-
lima NJ. ForSythe, which she resisted.
She sought to enjoin the collection of
taxes and after failing in the state
courts, took the case to the federal
courts. In these courts she also failed
and the decisions below were affirmed
by today's opinion. The other case was
that of the City Railway company vs..
the Citizens Railway company, of In
dianapoiis. In this case the court Jecid-
ed that the charter of the city company
did not expire until 1901. The conten-
fion of the perpetuity of the charter was
not passed upon.
NORDSTROMS APPEAL.
In the case Of Charles w. Nordstrom,
under sentence of death in Washington
state, the court granted stay of pro-
ceedings, 10 await the decision of Nord-
etrom's appeal 10 this court from de-
cision below, refusing him a writ OF
habeas corpus :,
ISIAGPS CASE.
An order was issued in TIE case of
Joseph IsiaSi, late consul of the Turkish
government at Boston, charged with en-
bezzlement, directing that the mandate
OF the court in refusing his petition of
habeas corpus be held at once, instead of
waiting the usual thirty days.
CONSULAR FEES INVOLVED.
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
former law giving three years addi-
tionai to claimants beyond the sea-
10 file claims in the court of claims
against the government. Greathouse was
consul general to Japan and made claim
for the return of fees turned into the
United States treasury. to which, it af-
1erward appeared. ne was entitled. His
case turned upon the fact whether the
case was barred by limitation.
INSURANCE DECISION.
The petition for a writ of certiorai in
the case Of the Mutual Life Insurance
company VS.. Nellie Phinney. was grant
ed. The case comes from California and
involves a claim for the payment of an
assurance policy of 800, 600.
IN FAVOR OF SETTLERS.
Justice Harlan handed down the opin-
Ton OF the court in the case of the North
ern Pacific VS.. Junius G. Sanders and
others. involving the validity of claim
OF land made ny settlers under the land
laws within the limits OF The Northern
Pacific grant subsequent to the govern
ment circular of 1872 withdrawing the
lard, and prior 10 the definite location
OF the Inc of the road. The decision
was favorable 20 the claims OF settlers
that claims made under such conditions
are valid.
NO RELIEF FOR LENNON.
The supreme court affirmed. in an
opinion delivered by Justice Brown. the
decision of the court of appeals for the
H. THAT RncKc