Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-03-27
DECISION.
Extracts from the Decision of the Su.
pr,ennle Court il Denying a Writ
b. Of, Habeas Corpus.
McKen y Friends Preparing to Pre-.
sent an Appeal to the President
in the Case.

lnuch interest IN the decision OF the
supreme court in the Mckenzie case.
In handing down a decision the fol-
lowing language was used by the court:
I'VE hold" said the court, in an
nouncing the result, that the circuit
court of appeals had jurisdiction in
the, premises and was clothed with the
power to pass or all questions in re-
spect of the means taken to enforce
and maintain it. We are not called
on to revise it's conclusions on this an
plication."
In his opinion, Chief Justice Fuller
considered the contention that an .ap-
peal did not lie from the orders of July
% and August 10, inasmuch as they
were i~nterlocutory orders in respect
to the appointment of a receiver. Cit
ing the acts bearing upon the. case the
chief justice said:
Reading these acts in pari materia,
as we should, it may well be concluded
that appeals were thereby authorized
from the district court ct Alaska from
interlocutory orders appointing such
receivers and that such appeals might
be- prosecuted from that court within
six days from the entry of such or
ders. Moreover, the orders of July
% granted an injunction in connection
with the appointment of the receiver"
AS ito the claim that the writ of sup
ersedeas of the circuit court of appeals
to the Alaska court was void for want
of authority to issue it, the chief JUS
tioe said:
THE court below had, refused to
grant an appeal and as an appeal lay,
the Judge OF the circuit court of ap-
peals had the power to award it and
to grant a supersedeas and if in his
Judgment a writ of supersedeas was
required, under the particular circum-
stances the order for it to issue was
not in itself void, nor was the process
void issued under such order. Obedi-
ence to an order granting a super
sedeas is as much required as to an
order for a writ Of s~upersedeas and to
the writ ethereupon issued. The es-
sential point is that the order or decree
below: is superseded and the parties
affected must govern themselves ac-
c~ordingly."
Respecting the claim that so much
OF the. order of the circuit judge as
directed the receiver to restore the
property taken by him was void the
court said:
1.-THE authorities are many that
where the appointment of a receiver
is superseded it may become his duty
to restore that which has come to his
hands to the parties from whom it had
been withdrawn and that this may be
directed to be done. 1t is at all events
evident that an order that he should
do so is not void in itself. We cannot
on this application review the judg-
ment Of the circuit court Of appeals
sustaining such an order and approx
ing OF the writs as issued"
McKenzie's friends say that nothing
now remains to be done except to pc
tiJion the president for his pardon.
Papers will be prepared and presented
to- the president in a short time. They
will show the injustice and hardship
of the sentence imposed, and will urge
clemency on that account. So far as
the supreme court is concerned there
is nc way in which the case can again
be brought before it, and it is said
that the circuit court of appeals can
reverse Or modify it's sentence, but it
is unlikely to do SO, therefore appeal
will be made to the president direct.
FRIENDS IN EARNEST.
Washington, March q. Strong ef-
forts will be made at once to secure
pardon for Alexander Mckenzie, whose
nearing Tor a Writ O habeas corpus
was denied by the United States SUI
apreme court The president will be
asked to release Mckenzie on the
ground that the term Of his imprison-
ment is altogether too long for mere
contempt OF court and the Inside his
tory Of the q $ will be laid before the
president.
IT Is said that Senator Hanna has
expressed his opinion Of the incagcsr-
alton OF Mckenzie q a high-handed
outrage, u
Senator'S Hansbrough and McCum-
Der r still here and will work Cor
the pardon. They regard his long