The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-24
Louisville Attorneys Must Abide by
Final Decision and Report to
Judge Anderson.
NO APPEAL TO THE PRESIDENT
SACHS AND WATTS SAY SUCH ACTION
Is NOT CONTEMPLATED.
Executive Cannot Interfere with Rul-
ings of the Judiciary-How the
Release Was Secured.


of the United States Court. released from
custody the two Louisville lawyers. William
w. Watts and d. A Sachs. Charles Kelso.
of New Albany, who was the receiver ap-
pointed by the Floyd Circuit Court to take
charge of the affairs Of M. Zier & Co.. was
also released. The men were all in jail on
the charge of contempt of court, proceed
ings against them having grown out of the
Zier insolvency case. Sachs and Watts
were released on telegram from the clerk
of the United States Supreme Court to
Noble c. Butler, clerk of the Federal Court
here.
The telegram to Mr.. Butler announced
that the Supreme Court ordered their i'm
mediate release and also granted leave to
file petitions for habeas corpus and certi-
orari, to be made returnable on April
next. Messrs. Watts and Sachs. the tele-
gram said, were to be released upon their
own bonds of $500 each. w. H. H. Miller.
one of the attorneys for Sachs and Watts.
also received a telegram to this effect.
1t was announced that the courts order
was being brought from Washington by
Attorney Fairleigh. of Louisville. who went
there to appear for Sachs and Watts, but
Judge Anderson said he would not stand
on technicalities and would release the men
on the strength Of the kilograms.
BONDS PLACED AT $500.
Sachs and Watts were brought over from
the Jail little after o'clock by Deputy
; United States Marshal Foley and taken
before Judge Anderson in his chambers in
the federal buildings. w. H. H. Miller, s.
d. Miller and a brother-in-law of d. A
Sachs accompanied the prisoners. Judge
Anderson announced that he would release
the prisoners on their personal bond Of $500.
Under the order of the court they are to
abide by the decision of the higher court
and are to report to Judge Anderson at any
time their presence is demanded:
torneys, with their friends, went to the
Denison Hotel. where they remained last
night. To-day they expect to be Joined
here by Colonel Fairleigh and other Louis
vile men who went to Washington to pre-
sent their case to the Supreme Court, and
the entire party will proceed to Louisville
this afternoon. In regard to story In an
friends of Sachs and Watts will go to the
President and the Department of Justice
with charges against Judge Anderson. At
solutely nothing of any such arrangement.
The only thing we are interested in Is
the law points in this case
AS a matter of fact, charges could not
be brought against Judge Anderson in the
manner suggested Neither the President
nor the Department of Justice has anything
to do with his conduct on the bench, The
only way he could be proceeded against in
this case would be for the House of Repre-
sentatives to bring impeachment proceed
ings against him in the United States Sen
ate. He would have to be charged with a
high crime, with being guilty of misde-
meanor and the Senate would have to hear
the evidence and decide the case.
KELSO ALSO RELEASED.
After the release of Messrs. Sachs and
Watts yesterday evening Charles Kelso the
receiver appointed by the New Albany Cir
cult Court, and whose appointment con-
ficted with the appointment of a receiver
in bankruptcy made by Judge Anderson,
was brought before the court and also CIV
en- his release on his personal bond. While
Kelso made no appeal to the Supreme
Court, the same questions that will have
to be decided in the cases of Sachs and
Watts are present in his case. and the
court felt that he. too, should be released
All Of the prisoners sent to jail for con-
Of et By Mo4r se
county served out the last of his sentence
last week, and M. Zier was released by
Judge Anderson that he might assist the
receiver in bankruptcy.
Judge Anderson sent Sachs, Watts and
Kelso to Jail to serve sixty days each. Kel-
SO went to 1a;l with a a & discrimination to
the higher court. None of the prisoners
looked as If the confinement had gone Sc
verely with them. Sachs and Watts spent
but little over week In jail.
ACTION IN WASHINGTON.
A dispatch to the Journal from Washing
ton last night said:
Attorney Fairleigh, representing Attor-
news w. w. Watts and d. A. Sachs, of
Louisville, who We're imprisoned for alleged
contempt by Judge Anderson, in the bank
ruptcy proceedings of M Zier & Co., left
for indianapolis at $3.50 this afternoon. TAX
ing with him the order of the United States
Supreme Court granting the writ of habeas
corpus and certiorari proceedings involved
in this case. The Supreme Court to-day is
sued this order and gr>nted the petition for
certiorari returnable April 6.
sIt Is regarded by Attorney Fairleigh and
those who have been interested in the de-
fense of the attorneys for the Zier receiver
ship that Judge Anderson was too severe in
the punishment he visited upon the attor-
neys. The court expressed no opinion upon
this subject, however.