Los Angeles herald., 1908-01-29
MEXICANS
MUSTR RETURN
TO ARIZONA
DECISION OF COMMISSIONER
UPHELD
CASE WILL BE CARRIED TO THE
SUPREME COURT
Attorneys for Alleged ReVoIutionists
to Seek Release of Men Through
Habeas Corpus Proceedings.
Greeted by Friends

The case of the United States against
the three alleged Mexican revolution
lists, Flores Magon, Librado Rivera and
Ricardo Villareal, who were tried be-
fore Commissioner Van Dyke and .ater
before Judge Olin Wellborn of the
United States district court, may be
taken before the United States supreme
court.
Judge Wellborn yesterday upheld the
ruling of Commissioner Van Dyke to
the effect that the prisoners should be
removed to Arizona. However, he
gave Hartman and Holston, the at
torneys for the defense, eight days in
which to file writs of habeas corpus.
The prisoners received a great ovation
from their fellow countrymen on their
way to the county jail from the court
room after the case was ended.
The case, which is the continuance
of the appeal of Attorneys Hartman
and Holston from the decision of Com
missioner Van Dyke, ordering the re-
moval of the Mexicans to the federal
court at Tucson, Ariz., began at 2
o'clock yesterday afternoon in the fed
eral courts.
At the conclusion of this case the
court announced it's decision. The at
torneys for the defense then gave no.
tice they would apply for writ Of
habeas corpus to Judge Erskine NJ
Ross of the United States circuit court
of appeals. Judge Ross is now in San
Francisco and will not be in Los An
geles possibly for several weeks.
VIII Carry Case Up
Judge Wellborn kindly gave us time
to get out our habeas corpus papers,
said Attorney Job Hartman of the de-
Tense yesterday, after the decision was
announced, ''and the matter will come
up this morning at 10 o'clock. We will
appeal to Judge Ross to test the ques-
lions raised by the defense in the high
er courts. If necessary we will carry
this case on to the United States SUI
preme court.
1.-THE point in question is this: An
offense cannot be charged in words of
the statute when the statute uses gem
eral terms and does not specifically de-
scribe the act constituting the offense
Must Go Into Details
1.-The case of the United States VS..
O'Sullivan is the only case the govern
ment cited here. This O'Sullivan case
holds words of a statute are sufficient
when using general terms. That case
was decided in 1851. This case fol-
lowed the rule of the case of the
United states VS.. Mills, Wnlcn neld TO
that theory. But since that case of
Mills and all following that the theory
has been reversed and it has been de-
eided in the case of Evans VS.. the
United States that whenever the terms
of the statutes are general that then,
in addition to the words of the statute,
the complaint or Indictment must go
into details and set up the facts and
specify the acts constituting the al
legged offense. There are no recent de-
cisions contrary to this rule.
For this reason we think there is no
question but that we will be able to
take these three men out on writs Of
habeas corpus
When the prisoners were taken to
Jail from the federal courts their many
admirers who had come out to the
trial despite the heavy rain storm,
thronged about them and congratulated
them, singing Mexican revolutionary
songs and shaking the hands of the
three prisoners. At the Jail the crowd
swept by cheering the prisoners with
songs and hearty words of encourage
ment.