The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-05

courts Ior Judges to pronounce an act OF
Congress unconstitutional and void said
he. Where an Indictment has been
framed, after the court has made that
decision and decided the act unconstitu-
uonal and void, there is no way by which
thC case can be appealed TO the United
States Supreme Court for a decision
upon it. This is no innova zion; if the
Senator from Maryland viii consult the
statutes from his own State he win md
that i'm certain cases there the State Is
allowed an appeal iu criminal cases even
broader than this bill provides"
Senator Hale explained that while The
bin did not take away every right that
the accused has. it takes away certain
rights that he has now. That there win
De no appeal by the government has been
ore of the principles of law which has
been pTact.c6l and observed for years. 90
Senator Bacon, "a Democratic member
OF the Judiciary Committee, defended the
Bill The sole purpose" said he. "is to
enact law bE-Which an erroneous decl-
sion Of q judge may be corrected without
In any manner infringing upon the rights
OF the defendant"
Senator Whyte proposed to amend the
bin permitting the writ of error in one
instance only from the decision or
Judgment sustaining a demurrer 10 an in
dictment or any count thereof"
Would Destroy the Bill.
Mr.. Nelson declared that the amend
mont, If adopted. would destroy the bill.
and 1t was voted down by the decisive
vote of 20 to T.
Senator Carter suggested an amend
meHt providing that appeals or writs
of error in all such cases shall be taken
within thirty days, shall be diligently
prosecuted. and shall take precedence
over all other appeal cases"
Senator Ncwiauds urged that. naodir-
an appeal to the Circuit Court of 6ppeaIs
or 70 the Supreme Court. a defendant
should be allowed his liberty on his rec
ognizance, and offered an amendment to
that effect. Senator Piles objected 10
this and proposed that discretion be given
The court TO allow bail OF release on recog-
nizance, This met with support, and
when the yeas and NAYS were called #
was adopted. - TO 3. the members of the
Judiciary Committee, led by Senators
Knox, Nelson, and Spooner. furnishing
just enough votes 20 decide the matter.
The opponents of the bin called again for
Fea-and-nay vote when the NewIands
amendment as modified by the Plies
amendment. was put This time the vote
was 50 to o. and this was accepted as q
test vote on the bill. The morning hour
having passed, and Senator Hepburn re-
1Gsins consent TO going forward with the
appeal BILL the latter was laid aside to
be taken 90 again to-day.
a Case in Point.
About the same time the Senate was
discussing the bin the Supreme Court
granted the request Of Attorney General
B0r2pdrte that the government be made
& party to the suit of a poor colored
woman against the Illinois Central for
damages Tor the death of her son. q loco
motive fireman The court went q stem
further. and advanced the case for arer-
uCrt on April s.
The suit in question was brought under
tho employers liability law. out Judge
Mccall of THE Western district Of Ten
uessee. followed a similar decision render
Cd by Judge Evans 81 the WoStera dis
trict Of Kentucky, and sustained q de-
murrer, holding tie act Unconstitutional.
Under the present law there can be ne
appeal IN such cases. ard an act OF Con
Gress is nulllod without getting 60 the
Supreme Court 1t is @ enable the Su-
plene Court 10 pass upon such cases that
the criminal appeal bin is now In Con-
gress.
& The Senate adjourned 20 to-day