The Owosso times. (Owosso, Mich.) 1897-1926, 1908-04-03

Tic iOWCI lCuSIaI
'us'ice i1arian' courts have the au-
thority to hear claims and stay the ex-
ecution of those laws in spite of the
eleventh amendment, which provides
that state may not be prosecuted.
In the Minnesota case the point of
the ruling was the refusal to grant a
writ of habeas corpus to Attorney Gen
eral Young of that state releasing him
from the penalty of 500 fine and GUS
tody for contempt of the federal dis
trict court. He had paid no attention
to that courts injunction against the
enforcement of the two cent rate i'm
posed by the new state law. The de-
cision involved similar conflict be-
tween the state and federal courts in
North Carolina when Judge Pritchard
interfered with the execution of the
state law on behalf Of the Southern
railway. The Minnesota passenger and
freight rates were held to be unconsti-
tutional on their face without regard to
their sufticiency, because the penalties
were so heavy as to be virtual intimi-
dalton of the company to prevent it
from appealing to the federal courts.
But it was within the power Of the
federal courts to inquire if these laws
were confiscatory and if so to enjoin
their execution permanently.
Justice Harlan in his dissenting
opinion took the view that the pro-
ceeding against Attorney General
Young was in effect suit against the
state and so contrary to the eleventh
amendment, but the other judges held
that in enforcing law which was con-
trary to the constitution he was strip
ped Of his official character. Harlan
asserted that the use of this federal
power against the state officer would
make the states mere provinces or de-
Tendencies.
To Prosecute Labor Leaders.
Justice Clabaugh of the District of
Columbia supreme court has made per-
manent the injunction obtained by the
Bucks Stove and Range company of
st. Louis against the American Fedora
ton of Labor and its officers and re-
colt against said company. This paves
the way for the appeal of the stove
company to the department of justice
to act against the federation and the
officers.
Korean Adviser Assassinated.
Durham ". Stevens, formerly legal
adviser of the emperor of Korea, was
shot and MORALLY wounded at the San
Francisco ferry station by L. w.
Chang q Korean, who, with several
others, had been trailing him. Stevens
died subsequently as the result of his
wounds. The attack is attributed to
hostile feeling in Korea on account of
the japanese affiliations of the adj
wiser. An accomplice of Chang named
Chun was wounded by wild bullet
Both of the Koreans were held for
murder.
No New Trial For ALA.
Although two doctors had testified
that ALA, the Italian who shot Father
Heinrichs at the altar Of his church
in Denver, was a confirmed lunatic,
suffering from arterial schlerosis, the
motion for new trial was denied,
and he was sentenced to be hung in
July. At the first trial no evidence
was found to connect the man with
any anarchist society.
Pittsburg Bank Officials Arrested.
Henry Reiber, paying teller, and
John Young, auditor of the Farmers
Deposit National bank of Pittsburg,
were arrested on the charge Of mis-
using large sum Of the banks funds,
said to be 100000. Later Harry Sill
verman, manager of the Pittsburg
branch Of the brokerage firm Of Miller
& Co.. was held for conspiracy against
the same bank.
Cannot Search Brokers' Books.
The appellate division of the New
York supreme court has declared I'M
constitutional the law passed last year
empowering the state comptroller to
inspect the books of brokers I'm enforc-
ing the stock tax.