Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-11
Matter Presented to the SUI
preme Court.
GOV. GOEBEL,S MURDER
QUESTION OF NEGRos RIGHT TO
PROTECTION.
Matter Remanded 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. 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 TO
the custody of the sheriff Of Scott county,
where Powers fourth trial was about 70
tegin when Judge Cockrans court look
Jurisdiction in the case.
The motion was presented on behalf or
the state by Lawrence MAXWELL. u. formeI-
ly United States solicitor general Attol'
ney General Hays of Kentucky was pres
ent in the court room, as were ex-Goy.
Richard Yates of Illinois and Attorney j. u.
Sims, E. L. Worthington and III. cray How
ard Gov. Yates presented peuiioh ~.
the dismissal of the appeal in the same
case.
Both parties asked the court to hear the
motions on January 10, 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 higgins
and dismiss the petition for such q Wrl..
This case presented the broad question OF
the right of the negro to protection against
lynching 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. ,,a
nv the grand jury for the circuit court LOT
the northern district of Alabama on the
charge of conspiring with others 70 iyIch
a negro named Naples at Huntsvllle, AIa.,
in September 1904. After being taken INTO
custody he presented a petition to the CIT
cult court praying to be released on VIII
of habeas corpus, contending that even -
true the offense charged was no oehiai
to Naples person OF Alrlcal ,srIr,,Ia 90
reason Of his race. of the right. privilege
and Immunity of a trial by jury to deter
mine his guilt or innocence or the charse
OF murder"
He broadly challenged the jurisdiction OF
the court. and when his writ was refused
annealed the case to the supreme court
The prosecution in the federal court Was
based upon the provisions OF sections oooo
yolyed the construction OF the thirteenth
and fourteenth amendments 10 the leoeiai
constitution.
New York Law Sustained.
In an opinion by Justice Day the Su-
prene Court Of cthe United States To-Day
sustained the validity of the New YORK
state law, authorizing boards OF health TO
REQUIRE persons dealing in milk to secure
permits The decision was rendered IN the
case of Simon Lieberman agt. John u. Won
Decarn, warden of the New York city
prison. Lieberman Is a milk dealer and Is
under prosecution for violation OF section
q of the sanitary code of that state, which
authorizes boards of health to enact ordi-
uances prohibiting the sale of milk without
a permit He contended in his appeal that
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 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.