The Washington herald., 1906-12-04

OF having murdered former Gov Steuueu-
berg. The prisoners are leading officials
Of the Western Federation of Miners.
Steunenberg. as governor. aroused the
bitter enmity Of thhe Federation on ac-
count of his action during the Occur
d'Alene strike, about eight years ago. He
was killed by an explosion Of a bomb at
the gateway to his door-yard, December
80. 1905
Warrants were sworn out for the ar
rest of Meyer. Haywood, and Pettibone
on the charge that they were fugitives
from justice. They were arrested at
Denver where they lived. and secretly
rushed into Idaho, where they have since
been held Their attorneys cOntended that
their removal from Colorado TO Idaho was
kidnapping; that their constitutional rights
had been ignored, and that the court
should order their return to Colorado
Justice Harlan. in presenting the ma
jority opinion OF the court, held that the
men had been taken by requisitiion that
even if the authorities acted hastily or
fneonsiderateIy what had been done was
not of such a nature as deprived the men
of their constitutional rights, and as they
had been regularly indicted in Idaho they
should be held there for trial
Federal Issues Not Involved.
He said: Whether Congress might not
provide for the compulsory restoration to
the State of parties wrongfully abducted
from it's territory upon application Of the
parties, or Of the State, and whether such
provision would not greatly tend to the
public peace along the borders of the sew
eral States, are not matters for present
consideration. It is sufficient now that no
means for such redress through the courts
of the United States have as yet been pro-
vided"
In conclusion he said: In the present
case, it is not necessary to go behind the
Indictment and inquire as 30 how il hap
pened that they came within reach OF the
process of the Idaho court IN which the
Indictment is pending. And any investlSa-
ton as TO the motives which induced ac-
tiOn by the governors of Idaho and Color
ado would be improper as well as irrele-
want to the real question 10 be now deter
mined. il must be conclusively presumed
that those officers proceeded throughout
this affair with no evil purpose and with
no other motive than TO enforce the law"
This decision of the court affirms the
the United States Circuit Court, through
which the prisoners sought release on
writs Of habeas corpus before the case
came To Washington
Justice McKenna, in dissenting from
the majority opinion OF the court, held
that II was proper for the Supreme Court
to consider the means my which the men
were taken from Colorado TO Idaho.
Abduction by private person he said,
sis crime pure and simple. 1t is the duty
of law officers to guard against IT. He
called attention then TO the duty OF the
court ia a case where the law became a
kidnapper. and said that a man could not
BE- stripped of his constitutional rights by
the action of public officers.
sisters Lose Orphans Case.
The Court dismissed for want Of ju-
risditticn the case Of the New York
Founding Hospital VS.. John c. Gatti.
This decision revived the story Of forty
orphans sent from New York to Arizona
in 1904
The effect is to leave in force the de
cision Of the Arizona Supreme Court,
which iudorsed the retention Of the chill
dren by Arizona citizens.
The record in the case brought out the
fact that in October. 1904, a special car
containing forty fOundlings from the hos
pital, intended for the neighboring towns
of Clifton and MOTencia, Ariz., arrived
at the former place.
They were immeditely distributed
throughout the two towns, but instead
Of being given to respectable people. as
the priest had promised, the American
residents Of the places charged that the
recipients were the lowest class
The West Virginia law, requiring nom
resident and foreign corporations doing
business in that State TO appoint a State
director as its attorney at a salary Of SO
a year. in order to accept service for
them was held to be constitutional Chief
Justice Fuller announced this decision in
the case of St AIary's FrancO-AmeTican
Petroleum Company VS.. the State.
MaSsachusetts Hold Prisoner.
Arthur E Appleyard. of Buffalo, n. Y,
was denied release from the custody Of
Massachusetts officials on a writ of
habeas corpus. Appleyard is charged
with the grand larceny of 5000 from the
German Bank in Buffalo. in 1904 He re-
sisted requisition-
The city of Atlanta RECEIVERS $4,000 dam
axes from the Chattanooga Foundry and
Pine Works and the South Pittsburg Pipe
Company, because these companies en-
tered into trust in 1894 and raised the
price of pipe sold to the city.
The New York, New Haven and Hart
ford Railroad Company viii be able to
get control of the New Haven and Darby
Railroad. Charles K. Ofield, of Chicago.
owner of two shares in New Haven and
Darby the only ones that the New York
New Haven and Hartford was unable to
nurchase. declined 10 sell these. The Su-
preme- Court affirmed the decision Of the
lower courts that gave the railroad title
to the shares on the ground that the pur-
chase was for public use.
Leave was granted TO attorneys for the
Cleveland Electric Railway Company TO
file a supplementary bill in the case in
volviRg the franchises for lines in Cleve-
land. This is a black eye for Mayor
Tom johnson who is seeking TO make
three-cert fares universal in the metrop-
oils OF Ohio.
Government Wins Land suit.
The court reversed the judgment of the
Federal court in Florida in awarding to
the heirs of John Forbes & Co. 100000
acres of land in that State. claimed under
grant made by the captain general Of
Cuba in 1SlS. before the cession of Florida
10 the United states. The lower court
found in favor Of the claimants for the
7s6sI acres of land within the grant still
belonging to the government, and ordered
serip 10 issue for 1885 acres TO be Sc
lected from any public land in the United
states-the whole award being worth
about S25,00o090.
II was held that the grant was void. and
that IL could not be revived by the act