Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-11
Matter Presented to the SUI
preme Court.
GOV. GOEBEL'S MURDER
QUESTION OF NEGRoss RIGHT TO
PROTECTION.
Matter Remanded to the Alabama
Court on Technical Grounds
Appeal ouashed by Death.

The question Of jurisdiction In the case
Of Caleb Powers, charged with completely
in the murder of Gov. Goebel Of Ken
lucky in 1900. was today presented to the
Supreme Court OF the United States in the
form of a. motion for leave to file petit
ton for a writ Of mandamus commanding
United States Judge Cochran of the eastern
district of Kentucky to remand the case
to the state courts and restore Powers 10
the custody Of the sheriff Of Scott county
where Powers fourth trial was about 10
begin when Judge Cockran's court took
Jurisdiction in the case.
The motion was presented on behalf OF
the state by Lawrence MAXWELL. jr. former
1y United States solicitor general. Attof-
ney General Hays Of Kentucky was pres
ent in the court room, as were ex-Goy.
Richard Yates of Illinois and Attorney J. Y.
Sims. E. L. Worthington and II. Gay lay HOW rHr
ard. Gov. Yates presented a peution Ior
the dismissal Of the appeal In the same
case.
Bcth parties asked the court. to hear the
motions on January 10, but the court ie-
fused to fix day.
Protection From Lynching.
The Supreme Court of the United States
today reversed the ruling OF the circuit
court of the United States for the northern
district of Alabama in the case Of Thomas
M. HlR&IQS anu tcltldittOo ti0 Ses"o ~ 49,
Alabama court with direction to Quash the
writ Of habeas corpus sued out by higgins
and dismiss the petition for such q Writ
This case presented the broad question OF
the right of the negro to protection agalnss
lynchng under the federal Constitutlon anu
laws and thus involved the JURISDICTION Oh
the federal courts In such cases
The court did not, however, enter upon
these questions. but based Its decision upon
the technical ground that the proceeding oy
of hahP
regular. ,s,a+oa
by the grand jury for the circuit court Ior
the northern district OF Afaoama on .liH
charge of conspiring with others 10 lyncn
a negro named Naples at Huntsviile, Ala,
in September 1904. After being taken INTO
custody he presented a petition 10 the cit
cult court praying to be released On q VIZ .
true, the offense charged was no oenial
to Naples, person of African descent ~
reason of his race, Of the right, privilege
and immunity of a trial by JURY 10 ae.sra
mine his guilt or innocence OF the charse
OF murder"
He broadly challenged the jurisdiction OF
the court, and when his writ was re1useo
appealed the case to the suprelne .o 1,.a :.
The prosecution in the federal court was
based upon the provisions of sections oSoo
and $500 Of the revised statutes. ano III
yolyed the construction OF the tniiteenln
and fourteenth amendments to the Federal
New York Law Sustained.
In an opinion by Justice Day the SD
preme Court Of cthe United States today
sustained the validity OF the New York
state law authorizing boards OF health 10
REQUIRE persons dealing in milk to secure
permits The decision was rendered IN the
case of Simon Lieberman agt. John b. Won
Decarn. warden of the New York city
prison. Lieberman is milk dealer and IS
under prosecution for violation Of section
9 Of the sanitary code OF that state, Whlch
authorizes boards of health to enact ordi-
nances prohibiting the sale of milk without
a permit. He commended in his appeal tnat
the regulation was an abridgment OF the
privileges OF citizens, an arbitrary and un-
reasonable assumption of power and there
fore contrar yto both the federal and state
constitutions. The state court of appeals
sustained the code and that decision was
sustained by today's opinion.
Appeal Quashed by Death.
On motion of former Senator Thurston.
Chief Justice Fuller. on behalf OF the Su-
preme Court Of the United States, today
directed the issuance OF an order dismiss
Ing the appeal of the late Senator Mitchell
in the case against him.
The proceeding was brief Senator Thurs
ton announced the death of the Oregon
senator and moved the dismissal of the
case. In directing the order the chief
Justice merely remarked that this course
In usual in criminal cases.