The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-04-01
CASES
ARE POSTPONED
ACTION OF SUPREME COURT
ON CASE AGAINST SAM CLYATr
AWAITED BY JUDGE SPEER.

Judge Spcer TeIegraphed Judge
Shelby of Circuit Court of Appeals
Regarding Action Taken and
Received Reply That 1t
Had Been Sent to Supreme Court
of United States-ActiOn Means Di-
vision of Opinion Among Judges
of Circuit Court of AppeaIs-Hart
Arranged Bond.
1t is probable that the peonage cases
now pending in the United States Dis
trict Court in this district, will not be
heard until a decision has been rem
dered regarding the Clyatt case by
the Supreme Court of the United
States. This action was determined
upon by Judge Emory Speer yester-
day..
Judge Speer dispatched a telegram
to Judge Shelby, presiding over the
Court of Appeals, asking for confrma-
ton, or denial, of the dispatch in the
Morning Neks. Judge Shelby answered
that the decision had not been affirm
ed, but that the case had been certi-
fed to the Supreme Court of the
United States.
This means that there has been a
division of opinion among the judges
of the Circuit Court of Appeals. In
such cases it is competent for that
court, where the question is one of
great Importance, to send up the case
to the highest court for a decision.
The judges of the Circuit Court of APP
peals, to which the Clyatt case was
appealed, were Circuit Judge Shelby,
District Judge Jones of Alabama, and
District Judge Maxey of Texas.
The action of the Circuit Court of
Appeals shows the great Importance
which is attached to the peonage cases
throughout the country, and lends adj
now pending before Judge Speer in
this district.
Pending Cases Will Go over.
On receiving this information from
Judge Shelby that the question of the
constitutionality of the law which was
decided by him at this term, was now
pending before the court of last resort,
Judge Speer determined not to try the
cases now pending in this district. 1t
is his intention, if possible, to await
the decision Of the Supreme Court of
the United States before calling the
cases here.
The point made in the peonage cases
heard here. in which demurrers were
presented by Attorney r. v. Toomer
of Waycross, was that the law under
which the defendants were indicted,
was unconstitutional and void. This
contention was resisted by United
States District Attorney Alderman and
the decision of Judge Speer sustained
the constitutionality of the law.
Immediately after the decision of the
court had been filed, Mr.. Toomer filed
a bill of exceptions, and gave notice
that should his clients be convicted on
the indictment, he would carry the
appeal to the higher courts. For this
reason the action of the Supreme Court
will be eagerly awaited by those inter
listed in the peonage cases in this dis
trict.
Bond Arranged for Hart.
Under Indictment and awaiting trial
for peonage before the United States
court fer this district, are Mcclellan,
Crawley, Lester Williamson, the Nc
Leeds, Cobb and Hart. The demur-
rers, in the case of the McLeods and
Williamson, which were argued by Col.
P. w. Meldrim before Judge Speer,
have not yet been passed upon by the
court.
AN of the defendants, with the excep-
ton of Hart. negro, are out under
bond. Yesterday morning announce
ment was made to the court that the
attorneys for the negro had secured
bond in the sum of 5000. Hart will
be permitted to give bond in that sum
to-day, and will be released from jail,
where he has been confined since his
arrest.
The postponement of the peonage
cases will materially shorten the pres
ent term of the court. This practical
ly insures that the Shanghai" cases,
against Harry Olsen, will be heard at
this term.