Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-11
Matter Presented to the SUI
prerne Court.
GOV. GOEBEL,S MURDER
QUESTION or NEaRots RIGHT nc
PROTECTION.
Matter Re1nanded to the Alabama
Court on Technical Grounds
Appeal Quashed by Death.

The question of jurisdiction In the case
Of Caleb Powers, charged with completely
in the murder OF Gov. tioebel 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 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 TO
tegtn when Judge Cockrans court TOOK
jurisdiction in the case.
The motion was presented on behalf OF
the state by Lawrence MAXWELL. 3r, former
ly United States solicitor general Attor-
ney General Hays OF Kentucky was pres
ent in the court room, as were ex-Goy.
Richard Yates Of nlineis and Attorney J. =.
Sims. E. L. yyorthington and II. Gay HOW w.
ard Coy. Yates presented a petition Tor
the dismissal of the appeal In the same
case.
Both parties asked the court to hear the
motions on January Is, but the court re-
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. higgins and remanded the case to the
Alabama court with direction to quash the
writ Of habeas corpus sued out by Rig6lns
and dismiss the petition for such q writ.
This case presented the broad question: OF
the right Of the negro to protection against
ivnchinr under the federal Constitution and
laws and thus involved the jurisdiction OF
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
means of a writ of habeas corpus WAS II
regular. tna,otea
nv the grand jury for the circuit court TOT
the northern district of Alabama on tne
charge OF conspiring with others 10 lyIch
q negro named Naples at Huntsviue, Ala,
III September, 1904 After being taken lnto
custody he presented a petition TO the CIT.
cult court praying to be released On q WIZ
OF habeas corpus contending that even u
true, the offense charged was no oehiai
IN NAMES. a person of African descent by
reason of his race, of the right, privilege
and immunity of trial by jury to deter
mine his guilt or innocence OF the charse
OF murder
He broadly challenged the jurisdiction OF
the court. and when his writ was refused
appealed the case to the supreme coolt.
The prosecution in the federal court was
based upon the provisions OF sections o9oc
and $500 OF the revised statutes. and m
yolyed the construction OF the thirteenln
and Fourteenth amendments to the feoerai
constitution.
New York Law Sustained.
In an opinion by Justice Day the SUI
ureme 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 ID. Won
Decarri warden Of the New YORK CITY
prison. Lieberman is milk dealer and Is
l11ftlsr prosecution for violation OF section
e Of the sanitary code Of that state, which
authorizes boards OF health to enact ordt-
nances prohibiting the sale of milk without
a permit He commended In his appeal thai
the regulation was an abridgment or 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 SUI
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
10 usual in criminal cases.