The Washington times., 1901-10-22
SUPREME COURT DECISIONS.
Arguments on the Removal of
Greene and the Gnynors.

| Greene and the Gnynors.
The Supreme Court yesterday denied
the application or the Government for a
rehearing Of the case OF Fairbank against
the United States, in which the court last
spring decided against the constitutional
ity of the tax of 10 cents imposed by the
War Revenue act upon export bills of
lad1ng. That tax has since been repealed
but the action taken yesterday permits
the refunding Of the amounts collected
under that provision.
In the case OF the Hanover National
Bank of New York against Max Moyses.
a test case involving the constitutionaIity
OF the portions Of the National Bank
ruptcy law relating to the serving of no
tices, counsel yesterday asked that it be
advanced for hearing at an early date.
The motion H2s taken under advisement
by the court.
motion was also made to advance
the hearing of case to test the consti-
tutionality Of the inheritance tax law of
New York. 1t was that of Alexander E
Orr and others. executors and trustees
of the estate of David DAVIS, ST., against
Comptroller Gilman. of the State of New
York. and Comptroller Bird S. Coler, of
the city Of New York, appealed from the
Surrogate's Court of New York County.
The transfer tax on 81. $4,000 in stocks.
S51 coo in Erie Canal bonds, and sic9.000 in
municipal bonds is involved in this case.
Solicitor General Richards, on behalf of
the Government yesterday asked the Su-
preme Court to advance for an early
hearing the application of Benjamin D.
Greene and John F. and William T and
Edward II. Gaynor, of New York, for a
writ of habeas corpus discharging them
from the custody of United States Mar
shal Henkel at New York In connection
with this motion the court granted At
torney a. J. Rose, representing the ap-
pellants. permission to submit some sug-
gestions concerning the case, the papers
to be filed before Thursday next. at which
time the court will take the matter under
advisement. The action taken yesterday
marks another step in the resistance
made for nearly two years by Greene and
the Gayners against their removal to
Georgia for trial on the charge of con-
spring with the then Capt. Oberlin NJ.
Carter. U. S. A. to defraud the Govern
ment in connection with the river and
harbor contracts at Savannah.
Carter is now serving a term of i'm
prisonment at the Leavenworth Peniten-
tiary Indictments were found in Georgia
in 1899 against Greene and the Gaynors-
and Commissioner Shields. at New York,
ordered their removal for trial. Habeas
corpus proceedings instituted before JUS
tice Brown resulted in their reless5 on
the ground that the evidence was insult
fcient They were again held by Commits
sioner Shields after long trial and Judge
Lacombe denied their application for nab
eas corpus. From this decision they have
appealed to the Supreme Court, taking
the ground, among others, that the in
dictment against them is void because of
Irregularities in the empaneling of the
grand jury which brought it in.
In his application for advancing the
case Solicitor General Richards, after re-
viewing the proceedings already taken,
says the testimony adduced shows De-
yond question that Carter received $780,
OOC as his share in the proceeds of the
conspiracy, and that while Carter had
been in prison more than year and
half, the defendants, who received twice
as much, are still at large
The Government, he says, has spent
thousands Of dollars and used every ef-
fort to bring them to trial, but they have
not yet even been brought to the bar and
compelled to plead to the Indictment
found against them two years ago. Their
whole fight is for delay. The reason is
apparent. Already four of the most i'm
pOrtant witnesses for the Government
have died. Their testimony cannot be re-
placed. II it is not possible for the Gov
ernment to put stop to the operation
of this policy of delay deplorable fail
IRE Of justice in this case will inevitably
result" "
Arguments were concluded yesterday in
the rehearing of the suit of the Carnegie |
Steel Company against the Cambria Iron |
Company. in which is involved the own
ership of a patent mixer used in the man !
ufacture of steel EX-Speaker Thomas B.
Reed appeared for the Carnegie Company. |
The docket shows that Attorney General |
Knox was also Of counsel for the Car
negie Company when the case was filed, |
but since assuming his Cabinet Office he |
has severed his connection with il. The |
case was argued and submitted to the !
court last winter, but Judges, without |
rendering a decision, ordered a rehearing |
on it,
The Supreme Court handed down de- |
cisions yesterday in cases affecting the /
cUHStitutionaliiy of the Tennessee law !
that relates TO the payment in cash of |
store orders issued by corporations. The |
legality Of the law was affirmed in an /
opinion by Justice Shiras. Justices Peck |
ham and Brewer dissented.
a case involving the rights of trade !
mark on a composition paint was decided /
in favor of the Halzapfel Compositions !
Company. Limited. OF New York.