Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-02
HOWARD APPEAL LOST
Kentucky Court of Appeals Sus-
tanned.
HAD SOUGHT A NEW TRIAL
Convicted of the Murder Of Governor
Goebel.
THE INABILITY OF A RAILWAY
Recovering Of the United States Su-
preme Court-Interesting Deci-
sions Handed Down.

sions Handed Down.
The Supreme Court Of the United States
| reconvened today and affirmed the decision
of the Kentucky court Of appeals In the
case of James B. Howard agt. the State Of
Kentucky. Howard was tried three times
in the circuit court of Franklin county, KY,
on the charge of numbering Gov. William
Goebel of Kentucky on January 80, 1900,
and convicted each time. He Is now under
sentence to life Imprisonment, and he
brought the case to the Supreme Court to
obtain a review of the ruling Of the Ken
lucky court Of appeals affirming decision
Of the circuit court against allowing him
another trial. His principal allegation was
that the proceedings Of the trial court in
the matter of selecting and discharging
jurymen were irregular.
Liability of Railway.
In an opinion by Justice Day the court
today replied to questions certified by the
circuit court Of appeals for the sixth cir-
cult In the case Of the Alabama Great
Southern Railway Company agt. H. c.
Thompson. administrator OF Florence
James, deceased. This was an action for
damages against the railroad company for
causing the death of Florence James. 1t
was alleged that not only the railroad
company but the engineer and conductor
of the train by which he was killed were
responsible for his death, but only the COM
pany was made party to the suit -,
Confessing his difficulty, in dealing with
the case, the judge presiding In the court
below certified the following ques tons to
the Supreme Court of the United States:
/. May railroad corporation be Jointly
sued with two Of its servants, conductor
and an engineer OF one of its trains. when
It is sought to make the corporation liable
only by reason Of their negligent act, and
solely on the ground OF the responsibility OF
though not personally present or directing,
and not charged with any concurrent act
Of negligence?
2 Is such suit removable by the cor
poration as a separable controversy when
the amount exceeds $1,000 and the requisite
diversity of citizenship exists between said
company and the plaintiff, the citizenship
of the individual defendants sued with the
company as joint tort feasors being iderl-
Hcal with that Of the plaintiff?
The action was begun In the state courts
and removed to the federal courts. The
first question was answered in the afirma-
tive and the latter in the negative.
Claim Against Railway.
The court today decided the case of the
Louisville and Nashville Railroad COM
pany against f. E. Deer. reversing the de-
csion of the supreme court of Alabama,
which was favorable to Deer. This was
an action to recover S24 claimed by Deer to
be due him for wages by the railroad COM
pany, but, notwithstanding the insignif-
gance of the sum involved. the case Travelled
all the way-from a Justices court to the
highest tribunal in the nation.
The company admitted having owed to
Deer the amount claimed. but resisted
payment the ground that theN money
had been paid on garnishee proceeding
against Deer The garnishee proceeding
was in Florida Notwithstanding Deer was
resident of Alabama. and the Alabama
trial court held the Florida court to be
without jurisdiction and the railroad COM
pany to be liable The company resisted
payment and appealed the case from one
court to the other until it reached the
highest
Refusal to Testify Upheld.
The decision of the court of appeals Of
the United States. southern district of Ohio,
in the cases of John w. Ballman against
Vivian J. Fagin, United States marshal,
was reversed by the Supreme Court Of the
United States today, Justices Harlan and
McKenna dissenting.
This case grew out OF an effort to compel
Ballman who is a broker in Cincinnati, to
testify before the grand jury of the circuit
court in a case before that jury. He re-
fused to exhibit his cash books or to an
swer questions regarding entries In them.
His refusal was reported to the court, and
he was adtudged to be in contempt and or
dered to be imprisoned until he should be
willing to answer the questions and show
the books. He then sued out a writ or
habeas corpus, but the circuit court dis
missed his petition, and he brought the case
to the Supreme Court.
The case was argued at the close of the
last term of court. but was not then de-
cided Ballman also brought the case to
the Supreme Court on a writ of error, and
that case was not argued until the begin
ming of the term of the court for 1905. Tho
- DBL
Alleged Gas Trust In Peoria.
The court today. In an opinion by Justice
Brewer, decided the case of the Peoria Gas
and Electric Company against the city OF
Peoria, H., In favor of the company, re-
versing the finding of the United States cir
cult court for the northern district of Hi
nois The case involved the constitution
atty of city ordinance fixing the price or
gas In Peoria, and the action was instl-
tuted to enjoin the enforcement Of the ordi-
nance.
The company complained that the price
fixed was unreasonably low and therefore In
cortrayention to the fourteenth amendment
to the constitution, which prohibits the taxi
ing of property without due process OF law.
The city charged on the other hand that
the company had been guilty of combining
with another gas company to fax rates and
had thus violated the ANTITRUST law. The
circuit court held the ordinance 10 De Vald
and reasonable.
In reversing that finding, the Supreme
Court dealt exclusively with the contention
of combination, holding that the circuit
court had not given due credenoe to the
testimony taken before a master, and in
reversing the case directed that further ex-
animation be made into the agreement be-
tween the two companies. Justice Brewer
said the testimony did not show that there
had been such an agreement.
Against the Packet Company.
In an opinion by Justice Holmes the SUI
preme Court today affirmed the decision OF
the supreme court of Ohio in the case of the