The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-26
SUPREME COURT DECISIONS.
No Opinion Handed Down in the
Constitutional Cases.

No opinion Handed Down IN the
Constitutional Cases.
The United States Supreme Court was
packed to the doors yesterday morning
long before the opening of the court by
Senators, Representatives. officials of the
Government. and others. in anticipation
OF the courts decision in the Porto Rican
and the Philippines cases. but the crowd
was disappointed. for the opinion of the
court was not handed down. Nor did the
court hand down its decision in the Six
teenth Street extension case. which has
been pending for a good many weeks.
Chief Justice Fuller announced that no
business would be transacted next Mon
going over to Tuesday.
Unusual features were shown in the
case Of the United States versus Eugene
Beebe ct al. appealed from the Court of
Appeals for the Fifth circuit. Beebe was
surety in 1878 with Ferril Henshaw. on
the bond OF Francis Widmer, Collector of
Internal Revenue for the Second district
of Alabama, who was held to be de-
faulter in the sum of SOS 1853, and partner
in business with Henshaw Ferril Hen
shaw died in 1879. and on representation
OF his administrators the estate was de-
clared insolvent; and since 1880 -Becbe
has declared himself to be insolvent. In
that year suits were begun against Beebe
and the administrator of Henshaw on the
Widmer bond to recover the deficiency
judgment entered against Beebe for $40,
which he paid. and for 800 against Hen
shaw's estate, still unsatisfied.
1t was charged that he judgments were
obtained by fraud upon the representation
that Beebe was d poor man, and the es-
tate of HenShaw without property. 1t was
further charged that Beebe and Henshaw
owned several tracts of property in and
near Montgomery Ala, Beebe's interest
in which was transferred to Henshaw
March %, 1877 and the whole subsequently
disposed of. The United States in 1890
began suit to set aside the judgments, and
to subject the property of Beebe and Hen
shaw included in the deed of 1877 to the
claim OF the Government for the SIS, 1853
due it by Widmer on the ground that the
district attorney who agreed to the com
promise of the claim represented by the
judgments had no right or power to
make it.
The lower courts sustained demurrer
to the complaint, for the reason that 1t
did not state facts sufficient to make out
a cause of action. but this was set aside
DS lHe supreme COuTl, tthheiih
announcing that as under the statutes
and regulations of the Department of
Justice. the district attorney had no au-
thority to agree to the judgment. the re-
cital OF those facts was sufficient to make
out cause of action, and that the de-
murrer should have been overruled.
In the case of Fred Lee Rice and two
confederates. arrested in Illinois for
crime committed in Canada, suit against
In nj Cd hal
release on a writ of habeas corpus, Justice
Brown said that under the old rule Of con-
struction bad count in indictment or in
formation could not be cured by a good
count. By parity Of reason good count
could not be impaired by a bad count.
Where a warrant was sworn to on infor
nation and belief the court said, to be
good it must be accompanied by a copy of
the indictment or dispositions relied on.
Statutes of limitations limiting adjourn
ments by the examining magistrates to
ten days each. the court said, did not ap-
ply to extradition cases before United
States commissioners.
new trial was granted Homer Bird, of
New Orleans, who killed Robert l.. Pat
terson aud ]. H. Hurlin while on a pros
pecting tip In Alaska, September q, 1898.
for error in THE proceedings of the trial
resulting in a judgment of death against
him.
The Habitual Criminal act of Massa-
chusetts was sustained by the court in
the decision upon the appeal of John A.
Mcdonald who was convicted of forgery
under II and sentenced to the penitentiary
for twenty-five years. The court said that
opposition to it was based on the assump-
tion that the largely increased penalty
for conviction under II was, in fact. pun
ishment a second time. for crime pre-
yiously committed But it was really
punishment for crime committed since
the passage of the act The punishment
vas heavier, it was true, than for earlier
violations, but there was nothing in IL
which violated the Constitution OF the
United States.
James p Holly, of Philadelphia. has
reason 20 feel disguised with lawyers.
courts, and church missionary societies
He employed Henry c. Thompson, law
yer of Philadelphia, to examine the title
to q house and lot he wanted TO buy, and
upon a favorable report, gave Thompson
check for 81. 900 to pay for it. This
was juno 10. 1900. The check was de-
posted to the credit of the payee and Oh
the same day Thompson drew his check
for s15,577 in favor of the Domestic and
Foreign Missionary Society of the Pro-
testant Church and the society got the
money.
Thompson made the payment as exec
utor of the will of Rev James Saul,
which made the society his residuary leg
atee. Thereupon, the record states,
Thompson absconded Holly sued the
missionary society to recover his s12, 900,
alleging that the officers knew they were
not getting the money from Saul's es-
tate: that they knew that Thompson had
no money of his own to make the check
good; and had sufficient notice of the facts
to put them upon enquiry. The Circuit
Court for the Southern district of New
York thought that Holly should recover
his money from the society but on appeal
the Court of Appeals reversed that opin-
ion. and the Supreme Court yesterday sus.