The Montgomery advertiser., 1902-01-07
SUPREME COURT DECISION
Justice Peckham Deliver
 cd the Opinion.
This is Another Step in the Now Celebrated Garter Case-other Work of the Nations
 Highest Tribunal.

Washington. Jan. 6.-The United States Supreme Court today affirmed the decis- ion of the United States Circuit Court for the Southern District of New York in the case of Benjamin Greene. John F. sGaynor, William T. Gaynor and Edward II. Gaynor.
 Greene and the Gaynors are charged with being in complicity with Capt. O. M Carter now serving term in the United States prison at Leavenworth, Kas., on the charge of defrauding the Government of large sum of money while superin- tending public works at Savannah, Ga.
 Greene and the Gaynors have sought by habeas corpus proceedings in New York to avoid being sent to Georgia for trial.
 The New York court refused to grant the writ and the opinion rendered today confirms that verdict. The opinion was delivered by Justice Peckham. {:
 The United States Supreme Court to- day refused to interfere in the case of Captain Oberlin M. Carter
 The decision was rendered in the pro- ceeiings instituted by Captain Carter for the purpose of securing a writ of habeas corpus that would release him from pris- on at Leavenworth, Kas.
 The case originated in the United States Circuit Court for the district of Kansas by which the petition for writ was denied.
 Today's opinion was delivered by Chief Justice Fuller and affirmed the opinion of the Cifcuit Court.
 Commenting on the action of the New York scourt in ordering the removal of the defendants to Georgia for trial, Jus tice Peckham who delivered the opinion of the court, said: A T
 we think that fair interpretation of the language used by the District Judge in granting the application for the war rant of removal shows beyond question that from the evidence taken by the com missioner. the judge was of opinion that there existed probable cause, and that the defendants, therefore, should be re- moved for trial before the court in which the indictment was found. The judge says he did not express any opinion whatsoever on the merits of the case He was not called upon to do so. It was sufficient if all the evidence being taken into account, there existed such probable cause for believing the defendants guilty as to warrant their removal for trial on the offense charged,
 The Supreme Court today affirmed the Judgment of the Superior Court Of Bibb County, Georgia, in the case of lsidore Kinder, under sentence of death on the charge of murder. He complained that Justice had been denied him in that he was refused permission to send outside of the State for witnesses and asked reversal of the verdict on that ground. The petition was refused by both courts.
 Chief Justice Fuller in the Supreme Court today delivered an opinion in the case of the Guarantee Company of North America vs the Mechanics Savings Bank and Trust Company of Nashville. Tenn. trhe hank attempted to hold the Guaran- tee Company on a bond given by 1t for fhe proper conduct of a man named Echardt, who was first teller and then cashier of the bank. and who abstracted Rl00,00o of the funds of the institution, but the court held that this could not be done on the ground that the bank had forfeited all protection through the careIessness of it's officials in failing to notify the Guarantee Company that Schardt was speculating, as the contract required that they should do in case they became aware of such conduct on his part.
 According to an opinion delivered in the Supreme Court today by Justice White, a steamship company whose busi- ness extends to the United States cannot bind citizens of this country by printed regulations on passage tickets that such regulations are contrary to the policy of the United States Two American women purchased their tickets in Paris for transportation upon the steamship Kingston sailing from Ant werp to this country. The tickets con tained a printed condition in legible type limiting the amount of baggage for which the company should be held responsible to $50 for each passenger. The baggage was much damaged and accord ing to Justice Whites statement the loss was due to improper storage. Com- plainants pleaded that they had not read the conditions printed on the ticket.
 In an opinion handed down by Justice Brewer today the cross appeal from the Southern Pacific Railroad Company against the United States and the United States against the Southern Pacific Com pany involving the validity of certain portion of the land grants to the rail road company were decided. The cases involved a portion of the Southern Pacific grant which confiicted with the Atlantic and Pacific grant. The judg- ment of the court of appeals for the ninth circuit was reversed in both cases and the case remanded with the follow ing instructions
 "To enter a decree quieting the title of the United States to an equal, un- divided. moiety in all alternate sections within the place of the granted limits of the Atlantic and Pacific in California so far as those limits conflict with the like limits of the Southern Pacific, ex- cepting therefrom those lands in respect to which there has been some prior ad- Indication and to dismiss the bill as to other lands without prejudice 10 any future suit ar action.
 The New Mexico land grant case of Palo Maese and others against Secretary Hitchcock and General Land Comrnis- sioner Herman was decided by the Supreme Court in favor of the govern 1nent The contention was over an act of Congress confirming the grant The validity of this act was challenged by Naese.
 The Supreme Court by d divided court today affirmed the decision of the Cniied States Circuit Court of Appeals in the