The San Francisco call., 1898-12-11

The effort made by W. L.. Harper t secure from the Supreme Court of thi State a decision that will determin' whether or not Mrs. Cordelia Botkil can be tried in California for the crime of which she has been accused has ex cited general public interest. The ques tions that have been raised by Harper! petition to the State appellate cour are of more than local or State inter est. They possess a national impor' tance.
 In brief Harper has asked the Su- preme Court of this State to decide whether or not person can, under cer- tain conditions, commit any crime an6 be free from punishment under the laws of the United States. In the mo- mentous questions raised by Harper the personality of Mrs. Botkin plays no part. The fate of the woman anG even the horrifying crime of which she is accused are matters of comparatively small concern.
 If the woman, under the laws of this State and of the United States, is to escape an actual trial the people, not only of California, but of the nation are vitally interested to know the fact If it is possible for an assassin to oper- ate under cover of State and national laws Harper and the public-spirited citizens who are supporting him wish to know the situation, in order that they may, through legislative action, seek a remedy.
 This purpose is, in brief, the mean ing of Harpers petition to the Supreme Court. There is, as a matter of course, another incidental interest in the ac- tion. The alleged trial of Mrs. Botkin will cost the people of this State many thousands of dollars. It is certainly a matter of unwise civic policy to expend this money uselessly, and Harper, sup ported by I. J. Truman, Treasurer elect; Asa R. Wells, Auditor elect, and many members of the Merchants As sociation, seeks to have the Supreme Court of the State decide whether or not Mrs Botkin is being prosecuted un- der legal indictment.
 While this point is not as important as that which questions the adequacy of American laws to punish any one for grievous offense it is still of great moment. Both these questions have called forth 9 general expression of public interest and concern.
 Harper's petition did not receive a hearing yesterday, for the simple req son that quorum of the Supreme Court was not present to consider it. The application for writ of prohibit tion was duly presented to the appel late court, and was read by Justices Beatty, Van Fleet and Harrison. Con- sideration of the matter was necessarily postponed, as the full court was not in attendance.
 The trial of Mrs. Botkin before Su- perior Judge Cook and a jury will therefore proceed tomorrow morning. It is likely to be suspended, however, at any time during the day. As al- ready indicated, the problems raised by Harpers petition have called forth the serious discussion, not only of lawyers but of laymen. This discussion, which may result in the modification of State and Federal laws, is of exceptional in- terest. The first contention that was made yesterday was that since the in- dictment against Mrs. Botkin accused her of having committed murder in this city, the courts of this county neces- sarily have Jurisdiction. The petition of Harper meets this contention with the assertion that no true indictment