The Washington herald., 1907-01-29
MAY SELECT MAHER
Supreme Court to Name Man
to Probe Ship Case.
GOVERNMENT IS SATISFIED
Testimony VIII Probably he Heard
in ChattRnOOga-Defe Plead
ter Loses Case-COurt VIII Take
Three Weeks Recess Monday.

| James ID. Maher, assistant clerk of the
| Supreme Court of the United States, viii
probably be appointed by that court as the
commissioner representing the court to
take testimony in the Chattanooga con-
tempt case. growing out 81 the lynching
OF Ed Johnson. a negro Chief Justice
Fuller asked Solioitor General HOyt in
open court yesterday If the attorneys in
the case had agreed upon a commissioner
| Mr.. Hoyt replied that the government
had nominated Mr.. Maher, that most OF
| opposing attorneys had agreed TO the
nomination, but in view of the fact that
all had not been heard from, he hesitated
to suggest the final appointment. This
viii probably be done tomorrow.
The opposing counsel filed ii brief with
the court protesting against the selection
| OF Washington as the place for the taking
OF testimony instead OF Chattanooga.
They claim that because Of their poverty
the defendants would be unable to make
the trip to Washington, and that the re-
suit Of their being unable 20 meet the wit
nesses against them would be denial OF
justice. They also assert that there is no
I
ney General that the case would not have
fair treatment at Chattanooga. stating
the public opinion Of that county is now
in mood to hear frankly. freely, and
unreservedly al the facts without intimi-
dation toward anybody"
Lower Courts Affirmed
BY denying the application of Mrs Mary
sherman McCallum for a writ of certi-
orari, the Supreme Court yesterday. in
effect, affirmed tho Judgment OF the lower
courts that she must pay on her inherit
ance from the estate OF the late Senator
| John Sherman "A war revenue tax at the
rate OF $40 per 800 as his adopted daugh-
ter. or "A stranger 90 his blood" and not
al the rate Of $1-121s as natural daughter
/ The fight to recover the duties paid on
merchandise imported into the Philippines
! from the United States under the so-called
war tariff again appeared IN the Supreme
/ Court on the governments appeal from
/ the judgment of the Court Of Claims
! holding that the ratification by Congress
last spring Of the collection OF the duties
was Illegal Although the appeal had just
been filed, the court granted the motion
FOR the advancement of the case and as
signed it for hearing on April S. Some
300 suits for refund Of duties, aggregating
| 100000 already filed in the Court Of
/ Claims are dependent on the outcome in
| the case ~ bar which was brought By
G. HciHszen q Co. Of New York.
O'Gorman Gets Permit.
William O'Gorman. jr., late candidate
for president Of the borough Of the Bronx
was yesterday given leave by the court
/ TO file a petition for writ Of mandamus
10 compel Judge Lacombe. Of the Federal
Court of New York. TO open a judgment
I by default for $4,000 rendered against
petitioner in favor Of the Elmore Mines
Consolidated. The basis for the judg-
ment was "a contract for the purchase Of
stock in the company. the S5300J repre-
senting only enc Of the installments 10
be paid on IT, one Of the grounds for
the unusual petition is that O'Gorman is
barred by that judgment from defending
/ the suits yet 20 be brought
In an opinion. announced by Justice
/ Moody, the Supreme Court affirmed the
decision If the Montana Supreme Court
I in holding unconstitutional the act of that
State. approved February .. 1870. author
| iziUg the issue Of bonds. secured by pledge
of the proceeds.of the school lands for the
/ erection of State normal buildings. This
/ decision was cached in the case OF
| Charles 5. Hare against Bates II. Rice.
State treasurer.
Chief Justice Fuller announced from
the bench yesterday that the court will
take "a three-week recess. beginning next
Monday.