The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-01
MORE DELAY FOR CARTER.
CounseI's Action Following Denial
of "a writ of Certiorari.
From the New York Times.

From the New York Times
The case of Oberlin M. Carter, sentenced
by courtmartial on charges of fraud ana
conspiracy against the government in con-
nection with improvements in Savannah
harbor was brought TO nceice again yes
terday, when the Supreme Court of the
United States denied the petition of Car
ters counsel, kellogg, Rose & Smith, for
a writ of certiorari Counsel were APP
prised of the courts decision by the clerk
of the court at Washington No opinion
accompanied the decision.
Mr.. Rose went a once before Judge La
combe of the United States Circuit Court
and secured a writ of error and citation
from his original Judgment, returnable
March 26, 1900, before the Supreme Court
at Washington. Mr.. Rose subsequently
said:
LAS the Supreme Court could have re-
fused the writ of certiorari to the Circuit
Court of Appeals only on the ground that
an appeal should be taken direct 10 the
supreme Court from Judge Ladombe's de-
cision, this application was made direct
to him. The ground of the writ of error
is that Garter is being punished twice for
the same offense. Steps will be taken at
once to send the record to the Supreme
Court, and a motion made TO advance
the case for argument. The writ Sc
cured from Judge Lacombe operates to
hold Carter in the jurisdiction of this court
until a decision is reached.
The petition denied without an opinion
by the Supreme Court was for a writ or
certiorar following a decree of the Cir
cult Court of Appeals denying a writ of
habeas corpus, which was taken out on
the ground that the military court had
exceeded it's powers in giving a sentence
r1nA n n "A s.
missal from the service, and degradation.
Carter paid the fine, his degradation was
published and his dismissal was ordered.
Article of War GO, under which it was said
that he was punished, provides for fine
or Imprisonment. The claim was made
that he had been punished by fine and
Imprisonment.
1--WE claimed" said Mr.. Kellogg yester-
day, that, having paid the fine, one spe-
cies of punishment he was released from
imprisonme IT,"
1t was also claimed that upon dismissal
in the first instance, prior to giving other
sentence. the courtmarital lost jurisdic
ton. and the attorneys alleged that Car
ter was suffering a cumulative punish
ment Judge Lacombe held that al Of the
punishments could be inflicted under Ar
ticles of War 60 and 81. The United States
Circuit Court of Appeals held that differ
ent kinds of punishment were proper that
the court had power to fine under one
article and imprison under another.
But for the writ of error secured yes
terday Carter within a few days would
have been subject to removal from Castle
Williams on Governors Island, to Fort
Leavenworth, Kan, where his term OF
Imprisonment is to be served under the
sentence. The only preliminary routine in
such case would have been the entering
of the order denying the petition to the
Supreme Court and an application to the
circuit Judge for an Endorsement to that
effect upon the writ of habeas corpus. 1t
was learned yesterday that on Sept. 30,
when Carter was arrested at the New
York Athletic Club, he asked the officer
to permit him to write few letters. He
wrote three letters of resignation, one to
each of three clubs to which he belong
ed-the New York Athletic, the Union and
the University. The Union and New York
Athletic both accepted the designations,
but the University preferred charges look
ing to his expulsion from the club
Carriers counsel went before the coun-
Gil of the club and argued that the resig-
nation was sufficient, Being a volunteer
association, the club he contended, had
lost Jurisdiction and could not keep his
client a member for any purpose. The
club had no jurisdiction over the charges
for which Carter had been tried, and Car
ter did not remain member for any time
after the findings against him were APP
proved Immediately resigning. The case
came up for argument in December last
and a few days ago the club decided to
dismiss the charges and accept the resig-
nation