Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-23

II. 1906 on the two charges of con-
spiracy and embezzlement. and both
were sentenced on the same day, the
amount of the fine imposed represent
ing the sum which is charged TO have
been appropriated. They appealed the
. case to the United States circuit court
of appeals for the fifth circuit, and
when that court affirmed the verdict of
the trial court they presented their pc
tition to the Supreme Court for writ
of certforari. bringing the entire case
10 that court for review.
Petition to Supreme Court.
The petition went at length into the
question of the sextradition from Canada
and urged the fact that because the case
involved 'the relations of this nation to
foreign nations" the Supreme Court was
bound under the federal Constitution tc
take cognizance of the matter. notwith.
standing the case had been passed upor
by the court of appeals.
Many important questions were present.
ed by the case in addition to that of eX.
tradition, including the one as to whether
a person charged with embezzlement In
one state New York; can be legally tried
in another state (Georgia). as Greene ant
Gaynor were, and also the question as tc
whether man charged with an offense in
two districts. as Greene and Gaynor
were, can be regarded as a fugitive
from Justice when he remains IN one
of them.
The point also was raised that the
cases were barred by the statute of
limitation. "Asl" said their brief The
three years statute Of Limitation ap-
plies to the crimes Charged, il is evil
dent that in July. 1901 three years hay
ing elapsed, the bar of the statutes had
intervened, unless the defendants came
Xthin the exception to it as persons
ffeSlnS from justbce''
re eject of the denial of the petition
forlSSeview blythe Supreme Court has
the effect of leaving in force the deci-
sion 6A the district court. The court s
decision was announced by Chief Jus
tee Fdller, and there was no written
opinion.
Sunday Closing Law Constitutional.
That the ordinance of the city of Min
\ neapolis Ffohibiting the keeping of sa-
Moons -open on Sunday is not in violation
Of the federal Constitution was today in
effect judicially declared by the court in
thA case of the state of Minneapolis VS..
Val Marciniak. lMarciniak is the owner
Of saloon in Minneapolis. and was prose-
cuted in the municipal court of that city.
Sentenced to pay fine of S2o, he ap-
pealed to the state supreme court, where
he lost. He then brought the case to the
federal courts. where the ruling of the
state court was affirmed. Marciniak raised
the question in the Supreme Court that
ing hin jury trial was a summary act
such &s is not justified by the Constitu-
tion. but the higher court refused to ac-
cept that view. The decision of the court
was announced by Chief Justice Fuller,
but he submitted no written opinion.
Decision Against Omaha.
The court today decided the case OF
the Omaha Water Company VS.. the city
of Omaha, arising out OF the city's ef-
fort to reduce the water rate, against the
city.
The proceeding was instituted by the
company to secure an injunction against
the enforcement of an ordinance reducing
the rate on water to consumers below
the price fixed in 1888, when the contract
was first made with the company. Thai
contract was for twenty-five years, anC
the company claimed that for the city
10 reduce the rate before its termination
would involve a breach and therefore
violate the federal Constitution. The
United States circuit court for Nebraska
sustained the ordinance, but its local de
cision was reversed by the United States
court of appeals for the eighth circuit
and the city appealed the case. CHIEF
Justice Fuller announced the Supreme
Courts decision. dismissing the appea
for want of jurisdiction and denying the
petition for a writ of certiorari.
The court today decided in favor of the
city the case of the Water, Light anC
tdS company OF HUTCHINSON VS.. tne city
of Hutchinson. Kan, involving the righ
OF the city 10 abrogate its contract
with the company. The contract wa.
made in 1897 for twenty years, and tn,
company claimed that ii was exclusive
Claims for Steamboat Collision.
In deciding the case of the Old Dominion
Steamship Company agt. Primus Gilmore
administrator. in favor of the last men
toned. the Supreme Court today reviewe
some OF the circumstances connected wit
the collision between the Old Dominio
steamer Hamilton and the Saginaw, owne,
by the Clyde line, which occurred nea
New York in 1908. The case involved tn
question whether the laws of Delaware
under which both companies were incor
porated. apply to a claim for death on tn
high seas arising purely from tort an
also the question whether the representa-
tives of the members of the crew of tn
Saginaw who lost their lives when tina
vessel went down. can recover thei
claims in full against the owners of tn
Hamilton. The opinion of the court wa
announced by Justice Holmes Bot
points were decided in the affirmative. TN
verdict of the United States circuit cour
of appeals for the second circuit being al
firmed.
Nebraska Rate Law Fight.
The court today granted the motion O
the state of Nebraska for leave to file
petition for a writ of mandamus compel
ing United States District Judges Williar
H. and Thomas c. Munger to remand t
the state courts of that state the proceed
ing between the state and the Chicago
Burlington and Quincy Railroad Con-
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