The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-04
SUPREME COURT DECISIONS.
GOV. sTEUNENBERG'S MURDER
Frs MUST STAND TRIAL.

WASHINGTON, Dec. s.-The Supreme
Court to-day dismissed the appeals OF
President William d. Haywood and Secre-
tary Charles H. Meyer Of the Western FEEDER
alton OF Miners and George A. Pettibone, a
member Of that organization, from the re-
tusal Of the Idaho Supreme Court and the
Federal Court in that State TO release them
on writs OF hAbeas corpus from the Idaho
p~enitentiary. where they are awaiting trial
for the murder Of ex-Gov. Steunenberg in
December, 1905.
TIE death OF Steunenberg was the out
growth Of labor troubles in Idaho, begin
ming with the riots at Cour D'Alene mines
some years ago, he mourning the bitter
enmity Of the labor organization by reason
of the enforcement Of the law. He was
killed.by a bomb 30 placed at his gate that
when the gate was opened the bomb ex-
ploded. Pinkerton detectives worked on
the case for months and finally obtained
the confession OF n member of the miners
organization, duplicating its officers. In
order to prevent interference with the
extraditon Of Heywod. Meyer and Petit
bone, who were in Denver, the papers were
not made public until they were arrested
and they were hustled OF in n special train
W Luo lN1kuO hhO OtlOto ~Ny NoNA0 NObA
municate with their lawyers. This alleged
kidnapping was made the basis Of the APP
plioation for writs of hsbeas corpus. from
the denial Of which was taken the appeals
decided to-day.
In delivering the opinion OF the court
Justice Harlan said that the grounds upon
which the three men based their appica-
lions for relief were that their rights under
the Constitution had been violated because
an opportunity to be heard on the question
whether or not they were fugitives from
justice had been denied them. There was,
he said. no duty resting upon the Governor
Of Colorado to give a hearing on the subject
and he had full authority 70 determine the
facts and act accordingly. His failure TO
do 30 could not be regarded as an infringe
ment Of any rights Of the petitioners under
the Constitution or laws OF the nlted
States.
The court holds in effect hat 1t was no
proper for it TO inquire into the mannert
of obtaining possession OF the men, as nao
been several times decided by the court.
The main thing was that the State mad
possession and their guilt or innocence
would be determined by the trial.
The court also held that It, was not material
whether the men were not, as asserted,
within the State OF Idaho when the murder
was committed in 1905. That could also DO
determined by trial, and by that alone.
The conviction Of the Chattanooga toun-
dry and Pipe Works under the Sherman
antitrust law for being a member OF the
pipe trust, decided in the Addystone Pipe
case in charging the City OF Atlanta un-
lawful prices for pipe purchased, was to-
day affirmed by the Supreme Court and
the Judgment of 81, 900 in favor of the city
was also affirmed. The only question
involved was whether or not the action
was barred by the Tennessee three year
statute Of limitations. The court held
that IL Wal not
The cour advanced and assigned for
the appeal OF the Interstate
Commerce Commission from the Judg-
ment OF the Federal Court in Illinois in
dismissing for a of jurisdiction a bill
t. enforce an order of the commission to
compel the Chicago1 and Great Western
and other railroad companies TO restore
the rates IN meat products between Mis-
souri, River points and Chicago to an equality
with the rates on live stock. The former
rates were reduced a year ago, and 1t was
claimed that the action Of the roads was
a discrimination against the Chicago pack
ing houses in favor OF those at Kansas
City and Omaha. The lower court held
that it WAS without authority and dismissed
tho bill.
The court reversed the Judgment of the
Federal Court In Florida awarding TO the
heirs OF John Forbes Il Co. some 200 900
acres OF land in that state, claimed under
grant made by the Captain-G General o Cuba in
1917, DtlOIt lHc NtfEiDLl Ol " NAAO
United States. The lower court found in
favor of the claimants for the 79,6sl acres
Of land within the grant still belonging 10
the Government and ordered scrip to issue
for 100. t05 acres, TO he selected from any
public land in the United States, the whole
award being worth about $25 600, 900. This
judgment was to-day reversed by the Su-
perme Court, which held that the grant
was void and that it could not be revived
by the act passed in 1880. authorizing the
determination of such claims.
The right of the Florida Railroad Com
mission 10 regulate rates on freight within
that State was to-day affirmed by the Su-
preme Court in three cases brought by
the Atlantic Coast Line and the Seaboard
Air Line. The commission fixed a rate of
one cent per ton per mile on phosphate
hauled within the State, and the roads
sought TO prevent its enforcement by writ
of m~andamus, concluding that the rate was
un~reasonably low, 80 much so IN fact that
it constituted a taking of property without
due process of law. Tn Florida Supreme
Court denied that the commissions rates
were unreasonable and the Supreme Court
to-day, finding nothing in the evidence TO
warrant the reversal Of that judgment,
affirmed it.
The court in effect confirmed the judg-
ment of the Supreme Court OF Arizona
against the New York Founding Hospital,
which sought by writ of habeas corpus 70
obtain possession of certain children that
it had distributed among half breed Mexi-
can Indians, from whom they were taken by
white citizens and adopted by them sever
ally. h Arizona courts denied the writ
of habeas corpus and the court to-day, by
dlsmissing the appeal for want Of juris-
diction, permits that decision to stand.
The constitutionality Of the statute Of
Connecticut authorizing the condemna-
ton by a railroad company OF the out
standing shares OF a corporation of which
it owned three-quarters of the stock was
to-day affirmed by the Supreme Court.
III case was hat of the New York, New
Haven and Hartford Railroad Company,
which owned all but two shares OF the 40
Of the New Haven and Derby road, which
il holds under a ninety-nine year lease.
TIL two remaining shares were owned
by Charles X. Offield, who attacked the
validity Of the law under which the COM
pany sought TO condemn his stock, con-
tending that IL was an impairment by the
State Of an obligation OF a contract and
a taking Of property without due process
OF law, disputing the company's claim
that IL was for public interest in order to
enable it to double track the road for the
purpose of opening a line to the West by
- - A.