The Washington herald., 1907-05-28

States and is acquitted or convicted, he
cannot again be tried for the same offense
in another tribunal deriving its jurisdic-
ton and authority from the United
States
DismiSses POIIitE's Appeal.
The Supreme Court yesterday dismissed
the application Of James Pollitz. Of New
York for a writ of mandamus 90 compel
Judge Lacombe, of the Federal Court at
New York, to remand 10 the State courts
suit brought by Pollitz as a stockholder
of the Wabash Railroad to restrain the
directors Of that corporation from issuing
s200. nj, 600 Of bonds 70 be used for the re-
tirement Of debenture and equipment
bonds and common stock of that road.
which Judge Laeombe had removed to ms
court because Of the diversity Of citizen
ship Of some Of the parties defendant
Pollitz's bill alleges that $5S, 100000 Of the
issue is fraud on the present holders
of the stock and bonds, and in violation
of the laws of Missouri and Indiana, In
which States the road was chartered,
which prohibit such issues, except for
cash. labor or property actually received.
In dismissing the petition, the court yes
teTday held that this was not proper
use OF the writ Of mandamus, as il was
clear that the controversy was separa-
bic one.
The court reversed the judgment Of the
Court of Claims, ordering a covering back
% importers Of customs duties imposed
in the Philippines during the Spanish
American war by the military authorities
In the case of the State Of Virginia VS.
the State Of West Virginia TO compel the
latter to bear part Of Nirginia's State
debt, incurred previous 10 1863, when
West Virginia was formed out Of Nir-
ginia. the court overruled the demurrer,
questioning the jurisdiction OF the court
i'm the matter West Virginia was given
until the second Monday of next October
to answer 20 the petition.
Kansas Asks Rchenring.
Solicitor General Hoyt on behalf Of the
State Of Kansas, made motion for
rehearng IN the case Of Kansas VS.. Col
orado. In this suit, Kansas desired an
injunction against the diversion Of waters
Of the Arkansas River for irrigation pur-
poses.
Attorneys for William g. Crawford.
convicted in the District of Columbia OF
conspiracy In the pOst-Ofiice fraud cases,
applied 90 the court for a writ OF Ger
tiorari 90 bring the case before II. CraW-
ford is under sentence 10 the penitentiary
The motion will not be acted upon until
next fall
The court recessed until next term
which begins on the second Monday Of
October
The petitions Of the North Chicago
Street Railway Company and the West
Chicago Street Railroad Company for
wTits 0f certlorari. % review the judg-
mcut Of the Court Of Appeals for the
Seventh circuit. in dismissing their suits
to declare void the merger Of those roads
with others as the Chicago Union Trac-
ton Company, were denied
Refuses so Review Francis Case,
The Supreme Court yesterday declined
Co review the conviction and sentence of
FIVE years Imprisonment imposed on stan
ley Francis, for using mails 90 defrsud
in connection with the transactions Of
the Storey Cotton Company Of Philadel-
Phia.
The concern promised G) per cent a year
TO dcpositors and an investigation show
cd that il had taken in S3,329o53, and re-
turned 20 investors as profits S.IS.o2l.
the hackers pocketing the d.feren-~-
N.2l6oS Six others connected with the
company fed when the crash came in
March. 19o5. Francis alone being caught
HIS sentence for defraUdiug only three
persons with seventeen indictments pend
ing. he claimed. was for practically the
same overt act and not separate oTanses.
and II legal, he could be sentenced for
life