The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-02-16


ing Obscene Matter the Law Was Cor
rectly Construed aud That There Was
No Error in OBSERVATION-DISCLOSURES to Two
Years. imprisonment Stands - Land
Grant and Bank Cases - Sale OF the
Northern Pacific Railroad.
Washington, D. c., Feb. 15.-The su-
preme court today decided the case OF
Joseph r. Dunlop of Chicago, charged
with sending obscene matter though Inc
mails. The verdict Of the district court,
which was against Dunlop, was affirm
ed The opinion was delivered for tna
court by Justice Brown and there was
| no dissent Justice Brown said that the
| law had been correctly construed IN MT
Dunlop's case and that no error had been
comitted in the judgment. Dunlop Is
the publisher of the Chicago Dispatch
and the matter sent through the mahs
and charged to be obscene was publish
| ed as advertising matter in that paper
He was sentenced to two years imprls-
onment, in the court below, which sen.
fence the action Of the supreme cour'
today has the act of confirming
IN LAND GRANT CASES.
An opinion was handed down by JUS
| tice Brown in the case of the Atlantic
and Pacific railroad vs.. Robert Mingus
appealed from the decision OF the SUI
preme court Of New Mexico. The case
was an action OF election brought by
the railroad company 10 recover a par
eel of land to which the company claim
| ed title until its grant of 1886. The de-
cision OF the New Mexico court was
against the railroad company and this
decision was affirmed by the supreme
court today.
| In the case Of James NJ. Deweese VS.
Jacob Reinhard and others, the cour
sustained the contention of the state OF
| Nebraska in regard to the validity OF
| the state land grant, as against that oi
| the Burlington Railroad company.
Justice Brewer also read the opinion OF
the court in the case of the Uniteo
States VS.. the Winona and ST. Peter RAN
road company and the Winona and 81
Peter Land company; the United STATES
VS. the Union Pacific railroad, and the
| United States VS.. the st. Paul and SIOUX
| CITY Railroad company, involving the
validity of the land grants of these com
| NAMES The decisions of he court De
| low had been in favor OF the companies
| and the supreme court affirmed them al
| in one opinion. The court in another
opinion involving the Winona compan!
| held that the presumption claims nice
anterior 70 the company's claims were
valid.
These cases were brought by the gov
eminent under the act of 1887, to provide
| for the adjustment of land grants Inc
| Winona and st. Peter grant were made
| under the act of 1887. granting land 10
| Minnesota 20 aid in the construction OF
railroads. The Union Pacific case orig
| mated in Kansas. The case of the United
States vs. the st. Paul and Sioux City
company. which was also decided, in
| volved lands in Iowa. The question in
| volved in all the cases was the effect OF
| decIaratory statements made by persons
| protesting to inted to settle, made prior
! TO the railroad grants, which. 1t was
| claimed. should have the same effect as
| should actual settlement. The courts be-
| low held that they should not, and to-
| days opinion sustains this view. The
| decision will quiet title to many tracts
| of land in Minnesota, Iowa and othef
states.
BANK DECISIONS.
The court, in an opinion by Justice
Peckham, reversed the decision Of the
districc court for the Northern district
| of Iowa in the case of Rufus E. Groves
and gave instructions for new trial
Groves was convicted OF making fals'
entries in the reports in regard TO the
condition Of the Commercial bank Of Du'
| buque, of which he was president.
In the case of John Chetwood, tr., OF
Aa6 n
writ of error to the district of California
holding the judge Of the court to have
exceeded his jurisdiction in threatening
Arrest for contempt of court. The case
is one which involves the affairs Of a
defunct bank of San Francisco and fol
a time aroused considerable interest be
cause of the dispute as TO the respect
| i've rights of jurisdiction of the state and
| federal courts.
W. Hallett Phillips and A. ". Cockrell
appeared for owners of the alleged tili-
clustering vessel Three Friends.
| Mr.. Phillips desired 10 know IL the
| question as 10 whether the words colony
district or people" in the law OF 1917 ap-
| piled TO the Cuban insurgents, was pre-
sented by the record in this case. No
such body as the republic OF Cuba was
/ he said. referred to anywhere AS
matter of fact, the attorney general had
| been among the first of the responsible
| officers of the government 10 employ this
| phrase. He claimed that there could be
no mistake as TO the legal meaning Of
that word neutrality" which is INSOFAR
able from belligerency to which the
| neutral is not a party. He asserted that
| the words insurgents and revolution
| ists'' have no legal meaning, but that
| when recognized by q neutral govern
ment such recognition amounts TO rec
| ognition Of bel,igerency or independence.
He contended that all the court could do
! is 10 decide whether on the record pre-
scented and the charges IN the libel, the
court below was justified in sustaining
| the exceptions.
Mr.. Cockrell urged that the libel failed
20 show the criminal intent, as required
| by law, of the offending person and tina;
| IL did not even show who the offending
persons were. Could the government. ne
asked, establish the specific intention re-
| quired without proving its existence n
| the mind of the person who had fitted
| out the vessel?
Attorney General Harmon closed for
the government. He said that while the
Cuban instruction had not shown itself
20 be strong enough 10 warrant the rec
ignition or beiligerency. still there had
| been sufficient recognition thst-a, state Of
| war existed. SO far as formal recosli-
| ton was concerned. he claimed the insur-
gents were better OF without Il. He
! closed with an appeal tor the observance
| 81 the neutrality laws and urged tina;
congress had provided abundant means
| for their enforcement.
At the conclusion Of MI Harmon's ar
! gument the court adjourned without an
nouncing any opinion, until the frs; Mon
! day in March.
BERMUDA HELD UP
Washington. Feb 15.-The secretary O.
the treasury has instructed the collector
Of customs a. Philadelphia 10 withheld