The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-04-28
KANSAS news.
Oberlin n. Carter Receives Rep
rimand from Washington
Is Acting as Attorney Of Prison
ers in Habeas Corpus Cases.
Is STILL A BUSY MAN.
Suits Of This Character Now
Pending in Court of Appeals.
War Department Desires Those
to Be Decided First.
Is STILL A BUSY MAN.

Washington, April 2S.-The attention
of the war department has been called
to the activity of Oberlin NJ Carter
formerly captain of engineers now con
fined in the penitentiary at TT. Leaven-
I worth, Kan, in acting as attorney in
the preparation of cases and petitions
of babeas corpus Of prisoners who
claim they are Illegally confined in the
Leavenworth prison. The claim is
made that the prisoners. were sentenced
to be confined in BiIibid, Manila, or
Altraeaz. Gala. which are military
prisons and being transferred to a
federal prison not under military con
troll vitiates sentences. Cases of this
character already are pending in the
circuit court of appeals and the war
department thinks it would be well to
have them decided before any more
habeas corpus proceedings of a like
character are brought. A letter will be
written to the attorney general sug-
costing that the warden of the prison
cause Carter to desist.
LEA VEN WORTH END OF THE
STORY.
Leavenworth. Kan, April 28.-Ober-
lin NJ Carter, ex-eaptain of engineers,
is very busy man at present. In ad-
dltion to acting as clerk in the federal
penitentiary and hospital and florist.
which does not require a great deal of
his time. he is engaged in preparing
legal habeas corpus petitions for other
military prisoners. to enable them to
get out Of the penitentiary. Carter is
doing this with the consent of the
prison officials, who, in fact, send the
prisoners to Carter for consultation, as
all prisoners have the right to petition.
Carter was sentenced for frauds in
connection with harbor improvements
at Savannah, Ga
Within the last few weeks military
prisoners in the United States civil pen
itentiary at Fort Leavenworth have
raised the question that they cannot be
confined in civil penitentiary after
once undergoing confinement in a mil
itary prison. such as either Bilibid at
Manila or Alcatraz island, near San
Francisco. And, it might be mentioned,
most of them served a short time at
either of those prisons, and their place
of confinement was afterward changed
to the civil penitentiary at Fort Leav-
enwOrth.
Eight military prisoners have insti-
tuted habeas corpus proceedings with
in the last week, and about twenty
more axe anxious to do so. Aside from
his legal work in connection with these
habeas corpus suits Carter is devoting
some thought to the government civil
suit pending against him in the United
States circuit court in Chicago. Tnls
suit was set for trial last December, but
when it was called a postponement was
granted on the suggestion of the attor-
neys for the government 1t IS now be-
lieved that the case will not come to
trial before the release of Carter from
the penitentiary, next November. This
is a suit wherein property and bonds
of Carriers amounting TO S723,000, some
of which have been attached by the
government, have been placed in escrow
to be determined If Carter or the gov
eminent is entitled to it.