Evening star., 1897-01-05
The Anti-Lottery Law.

rendered a number Of decisions that are of
general interest.
The Anti-Lottery Law.
The court rendered a decision through
Justice Peckham in the case of Albert l..
France and others involving the anti-lot-
terry law of 1895. France and his fellow
appellants were convicted in the district
court for the southern district of Ohio on
the charge of conspiring to violate this
act. and the verdict of that court was re-
versed by the opinion rendered by this
cour.. The opinion did not construe the
constitutionality of the lottery law. but
the act for which France and his asso-
ciates were convicted was subsequent to
the drawing of the lottery instead of prece-
dent TO 1t as provided in the statute. II
appears that the defendants were arrested
with slips of paper showing the result of
as ''hit slips" on their persons while on
their way from Covington, KY, where the
lottery drawing took place, to Cincinnati,
where the sale offices were situated.
A State License Law.
The court in an opinion by Justice Peck
ham affirmed the decision of the supreme
court of Florida in the case of F. r. Os-
borne, VINO was arrested, tried and inn
prisoned on the charge of violating, by
acting as agent for the Southern Express
Company. a state law requiring license
for the operation of express compani IS in
that state. Osborne brought the case to
the Supreme Court on the allegation that
the law was unconstitutional, but Justice
Peckham said In his opinion that the
court did not violate any provision of the
Constitution under the construction given
1t by the state court.
Justice White rendered an opinion in the
case of Henry Starr, who appealed from a
sentence of death for murder in the Indian
territory, the decision of the court below
being reversed.
Cherokee Citizenship.
In the case of Jess and John Nofire un-
der sentence for murder of Fred Ruther-
ford in the Indian territory, the court was
called upon to determine what constitutes
citizenship in the Cherokee nation, and il
ruled that marriage to a squaw made the
husband a member Of the Cherokees. When
there is distribution of Indian property,
this decision will have an important bear
ing on the standing Of "squaw men,"
Justice White rendered a decision in the
case of the United States and the Sioux
Indians VS.. the Northwestern Express
Company holding that the term "citizens
of the United States in Indian depreda tion
cases applies to corporations.
In the case Of John F. Bushnell VS.. Cyrus
A. Leland. receiver of the State National
Bank OF w lCnltd, han., the court reamrm-
ed, in a decision by Justice White. the
right of a national bank receiver appointed
by the controller of the currency to en-
force the individual liability of the banks
stockholders.
A Land Decision.
An opinion rendered by Justice Brewer
in the case of William G. Ford. jr, and
Louis P. Levy VS.. the Delta Pine Land
Company decided the ownership Of 200 diff
ferent tracts of land, including 112. 16O
acres In nine different counties I'm the state
of Mississippi. The lands were acquired
by the Pine Land Company upon tax sales
for levee improvements, which the former
owners resisted, on the ground that the
lands which had formerly been granted to
the Memphis. Holly Springs and Mobile
Railroad Company were exempt. The case
was appealed from the circuit court for
the southern district of Mississippi by Ford
and Levy, the decision there having been
averse to them. This verdict was yester-
day affirmed.
A petition for a writ Of habeas corpus for
Edward Eckart was filed by Rublee A.
Cole Eckart is serving a life sentence In
the Wisconsin penitentiary on the charge
of murder, and has already served eighteen
years.
A motion was entered in the Laclede Gas
Company case to set a day for argument.
which was taken under advisement.