Omaha daily bee., 1899-10-24
Supreme Court Will Hear Arguments in the
Matter on December q,
CONSTITUTIONAL QUESTIONS INVOLVED
For This Reason the Tribunal Ad-
yances the Case TO an Early
HearinR-Considerab In
tcrcst is Expressed.

local attorney on behalf of Joel w. West
OF Omaha, attorney for Bolln, defaultng
ex-treasurer of Omaha, sets forth the rea-
sons why an early argument should be had.
The court is informed that the cause in
wolves the liberty of the plaintiff who was
convicted Of an infamous offense by the
district court of Douglas county and was
sentenced to the pententiary for nineteen
years. and which Judgment and sentence of
the district court were afterwards af-
firmed by the supreme court of Nebraska.
The motion holds that all proceedings in this
case were wholly wrong and that plaintiff
is deprived OF his liberty without due pro-
cess of law, contrary to the fourteenth
amendment and likewise contrary to the
fifth amendment of the federal constitution,
which last amendment is limitation, 1t is
claimed upon state power as set forth by
the act of congress passed April 10, 1864
and answers as the enabling act. The mo-
tion claims that this is a criminal cause
and therefore the whole proceedings are
illegal.
Under ordinary circumstances a motion to
advance would have in all probability been
denied but as the appeal is taken on con-
stitutional grounds the court thought best
to get the question out of the way, as the
had 1t been allowed to take its turn on the
docket.
Already the case is exciting considerable
interest, although the same question was
raised in the case of Hurtado against the
State of California, which was argued in
the supreme court in 1884 and in which the
late Justice Stanley Matthews, in pronounc-
ing the opinion, held that, Due process
of law in the fourteenth amendment of the
constitution did not necessarily require an
indictment by grand jury in prosecution
by state for murder"
This case was an appeal from the CAL
ifornia court, the plaintiff having been con-
yicted of murder in the first degree, informa-
tion having been filed by the district at
torney without indictment by the grand
jury.
West, in his brief, states that the opinion
of the court in Hurtado against California
was vigorously dissented from by Justice
Harlan and of the judges who concurred In
that opinion Justice Gray alone remains
upon the bench.
Wants Writ of Certiornri.
Ralph w Breckenridge of Omaha was
before the supreme court today asking for
a writ of certiorari in the case of Eliza w.
Patrick against Frank Underwood the case
growing out of the sale of the Patrick farm
in Dundee Place. Omaha, comprising about
600 acres, and which was bought by Under
wood. Suit was brought in Colorado, the
home of Underwood, where Judgment for
quite large sum was obtained. Later the
circuit court of appeals reversed the judg-
ment of the court below and now Brecken-
ridge is seeking to have the case reviewed
Today Senators Hayward and Thurston
3l,a ne T. Wat
of Fremont as marshal of Nebraska, vice
George H. Thummel resigned. The absence
of Attorney General Grggs until Wednesday
will in all probability delay the appointment
until the last of the week.
The supreme council of thirty third degree
Masons southern jurisdiction, terminated its
labors this evening. During its sessions
it transacted a vast amount of business.
Gustave Anderson Of Omaha was chosen
sovereign grand inspector general in Ne
braska, vice r. c.. Jordan, deceased, and
all matters respecting the creation of new
consistories as urged by II. H. Wilson of
Lincoln were left to the new inspector
general.
James Gilbert, Rev. Luther NJ. Kuhns and
l.. p. Funkhouser were elected as honorary
thirty-thrds and the following thirty second
degree Masons of Nebraska were elected as
Nathaniel c. Bacher, Millard F. Funkhouser,
Walter Thomas Gilbert, Frederick jacob
Schaufelberger, Charles Henry Rudge, Or
Vile M. Stonebraker and William Fried
Gustave Anderson elected knight
of the court of honor October 20, 1886. He
was elected to the thirty-thrd degree in
! 1897 and coronated December II OF the same
| year. He was elected an active member
of the supreme council October 70.
| Euclid Martin has left Washington for
| the west.
Military Matters.
| Captain Frederick T. Van Liew of the
Second infantry, well known in Omaha, has
been court-martialed for financial irregu-
| larities and sentenced to dismissal from the
army. The case is now before the secretary
OF war and it is not improbable that the
officer will be allowed to resign his COM
mission. He is a native of New York and
was graduated at the military academy in
! the class of 1881. He has been recently
| stationed at Matanzas, Cuba.
| Several military appointments have been
practically decided upon, but are not as
! yet quite ready for official announcement.
| These include the appointment of General II.
w. Lawton, major general of volunteers
| and colonel in the inspector generals de-
| partment, to be bgriadier general of the
regular army, vice General Burke, retired,
and the appointment of Brigadier General
| John C. Bates, United States volunteers,
colonel OF the Second infantry, to be major
general of volunteers. The promotion of
General Bates is made necessary by the in
crease Of the volunteer army. This increase
also permits the retention In the volunteer
service o. BTgader General Frederick
| Funston.
| The law for the reorganization of the
army provides for major general for every
! 1000 men and brigadier general for every
1000 men. There are now but seven major
J generals and twenty-five brigadier generals
| for the army and as the present strength Is
| about $4,000 men the president still has the
appointment of one additional major general
and two brigadier generals OF the army.
Private Robert w. Steiner, Company B,
and Recruits Clinton Pickrel ]. IL. Melon
aid Walter White, John NJ. Mullins, Stephen
NJ. Deweit, John w. Stewart, Edward J.
| Belrs, John Peller, James II. Henderson, jr
Gust +. Paulsen, Edward C. McClary George
G. Millsap, Tobe F. Elliott, Frank A. Fries
Anderson Price Stanley Anderson, Felix
| Fuller, John p. Gunther Jake Susky George
! T. Chambers Joe Hodo. Eugene S. Brashler
James ]. Prindley, Ellis w. Rice, Walter
Porter and Ben Salters Thirty ninth infan-
try, Fort Crook have been discharged
Indian Commissioner Jones has submitted
] to the secretary OF the interior the papers