New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-02-16
CASE THE THREE FRIENDS
ARGUED BEFORE THE UNITED STATES
SUPREME COURT.
STATUS OF THE ALLEGED FiIdB' 81 ERIN" VIC
Sci. UNDER THE NEUTRALITY LAWS DIS
crssED - ATTORNEY GENERAL HAh-
yox.s ARGUMENT FOR THE GOV


ERNMgNT-A LONG LIST OF
DECISIONS RENDERED.
WASHINGTON Feb l5-In accordance WIN III" V"
cision reached two weeks ago "hen ''' ,
February recess began. the supreme 'ou'' " Wv
United States rcassembed to-day 10 near al su,".'
on tho appcal OF the United States from the Judg-
-, ., Iudpo Locke of the United states court
in Florida in the case Of the Three Friends the
steamer seized last November Tor chsas'"s :"
Cuban flibustering movements Inc rece's VI w
court a wear ago was interrupted In like manner
70 hear argument in the case or captain Nlpois
81 tho shin Horsa which sailed from PhiladeIphia
on a similar expedition TO cuba. Caderoh 'arhsie'
counsel for Spain asked and obtained leave 10 n'e
I brief in the
f.. B. whitney Assistant Attorney -ue"era'' 'e
viewed the preliminary proceeding, resulting III
the lower court in the release or the Nessel "'"'
Stimulation, and bond from the libel OF the Govern
ment A leading question in the case ne sa'"
was: DO the words colony district OF Peopie'
T., tho sec,ion under which the libel was filed. IN
clude insllrrectionary bodies Ike the present he
nublic Of Cuba whose belligerency, technicahy
speaking has not yet been recognized by lhe en-
.cutive department of our Government! lie con-
tended that such bodies were so Included f'o
ceeding he made the points that; W Inc ",o' 'a
evidence Of the statute was opposed 10 'he '"eo''
that n recognition OF bcgerency was necessar!
TO the operation OF the statute: () the histor! Vi
tho statute is opposed to the theory; go II any en-
ecutive recognition is necessary to put the statute
in operation that recognition had been given wheh
the libel was filed; "a the stipulation ana oo'u io'
the release of the vessel were not author'~eu oS
law and the vessel should De le""hue" " VIZ
custody of the marshal.
~ UolIa,t phillips followed in behalf OF the
Three Friends He argued that the position OF the
lower court correct. that the statue ""' "o.
violated. because when the act mentioned inc WI"
people" it meant one OF the aehoHi'a.o'' "P
piled by Congress to foreign power Inc same
constructions he asserted, had also been given 10
,b words by the Executive and Congress Meet :,
ing the point made by the GovermHtia onii to-
the operation of the statut he sad II nad fTs
sufficiently made a, ne ine tnT r recd mon did
not lend countenance to the position OF hht EU a
ernment for they did not recognize publ a mt,
EXISTING in Cuba; much less d uo'ei"'"'" " "
power asserting her sovereignty. .,,,,,,od hv
The argumeni for the steamer was tohtilutu W v,
A. ". Cockrel Of Florida attorney or me o" Thren
he vessel Tn, proceeding against tno t.J
Friends he sand, was MOI case Oh p No., p ~ The
0ften:ing persons an essential ingredient OF the.r
conviction and all essential Ingredient q, .e
of the vessel. The libel ne asser eo va " '
In respect II allegations covering the'e po,tS tIr
The argument was closed by AtorieS rhe .ing
mon VINO briefly addressed the court ne I -, n
prolonged until an unusual honr IN otae' 20 or
ncy-Ceneral Harmon said that President Cleveland
bv proclamation and by statements in MS mes'tHe'
10 Congress had recognzt me aSd ir mo-, nonfirrd
belgerency , the CubanA-i; was Iecoeillph y.
t.r
claiming the right to he independent and strus1;i ing
10 achieve TIA, Independence were commonly called
"A people from tmT moment n.Ta @t The The attention Of
the world ard they would not, ne SAID ne calIei D!
cess 10 the their coniiguIty 10 some other ma
ion their bellserency might receive foreign fetps
Attorney General dwell on the necessity Tor a re-
versal OF Judge Locke's ruling Wnen a vessci ne
n2siss upon w yt prim facie piratica she was
nd her off re-
BILE 10 be hanged Bu: if the hostilities were per
be- then the act was freed from the lmputa;on %
piracy and The prosecution. II any were had. would
be made under different and milder law
The titles of the Union Pacific. Winona and 81.
Peter and the s.. Paul and Sioux City railroad com
panies 10 certain lands in Kansas and Minnesota,
gfess which had been attacked by the United States
in behalf Of homestead settlers thereon. were con
ra lea from Sg Tn the G5nT Of AppeaS f5 the with CIR
cult and the opinion prepared by Justice Brewer.
Judge Morrow OF the Federal Court for the
Northern District OF California, overrulcd by
the Supreme Court Of me United States to-day In
case OF unusual nature At the instance of
Stateler agent for the California National Bank OF
San Francisco which went into the hands OF a re-
ceiver several years ago. he ISSUED order adj
judging John Chetwood. ir.. stakeholder in the
bank and mis- counsel in contempt OF court because
they had failed TO obey his previous order 70 dis
miss a writ OF error TO the Supreme Court OF Cali
forna issued by Justice OF the Supreme Court
of the United States and to cease prosecution of
writ OF error allowed by the State Supreme Court.
These writs taken in litigation begun in the
State courts by Chetwood against the president
and Two directors OF the bank. which had resulted
adversely 70 him In disposinS Of the case. Chief
Justice Fuller remarked that the Supreme Court
of the United States unable 10 accept any of
the grounds suggested for the of the power
said had jurisdiction OF the litigation. and not a
SEP mao been taken by any one which tended to
had been error in granting the writs. that a
question for the Suprem" Court Of the United
states 10 decide. The rule against Judge Morrow
asked for by Chetwood would he made absolute. and
II nec , writ Of certiorar would issue to
Of tho United States, where they would be quashed
The act Of 1851. forf"iting the land grant Of the
Atlantic and Pacific Railroad. sustained In all
points to-day by the Supreme Court the opinion
being read by Justice Brown. II was exhaustive
reviewing all the defences set up by the company,
came 10 the court H cfy the pO ne o1
OF Ne"-Mexico, on appeal by the railroad company
from judgment in favor Of Robert Mineus
From the District Court for the Northern Dis
trict Of Iowa. Judgment reversed and new trial
No. ls7-The United States ag, Joshua Gore
ham From the Court of Claims. Judgment az
Nos. 6l7. SIS $40 and 62D-The District OF Columbia
agt. George r.. Johnson, administrator. etc. Mar
garet X. Sheckels 81 al, executives. etc Joseph
/. II. Han. and William Dickson. assignee, etc
From the Court Of Claims Judgments reversed.
No sy,-Warren f. Price agt. the United States
From the District Court for the Northern District
of California. Judgment affirmed.
No. ls2-Thomas +. Cakes ct al, receivers etc,
agt. Clara Mase. Administrative. etc From the
Court OF Appeals for the Eighth Circuit Judg-
reversed.
No IJ5-The Lake Shore and Michigan Southern
Railway Company agt. the State Of Ohio ex rel
Russell C.. Humphrey. From the Supreme Court
Of Ohio Judgment affirmed.
No lODThe Atlantic and Pacific Railroad Com
pany agt. Robert Mingus. From the Supreme
Court Of New Mexico. Judgment affirmed.
No. is-Augusta i. Glover 81 al Mary T..
Patten al. From tho Court OF Appeals Of the
District Of Columbia. Decree affirmed
No i72-Joseph r. Dunlop agt. the United States
From the District Court for the Northern District
OF. Illinois. Judgment affirmed.
No 52-The Germana Iron Company ri al agt
the United States From the Court Of Appeals