The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-04

/ Judge John C. Pollock in the United
States circuit court, refused to assume
jurisdiction of the case, stating that he
could find no authority to indicate that
his court had such Jurisdiction as
claimed. Following as a result he made
no order to send the child back to IL
linois where the supreme court Of that
state might pass on the court of ap-
peals decision awarding the "incuba-
tor baby to Mrs. Barclay. The SUI
preme court of Kansas says that Mrs.
Bleakley holds rightful possession of
her daughter. And the mandate of
that court is still supreme, as long
Mrs. Bleakley remains in Kansas she
can still hold fast to her daughter S
hand.
81 have nothing to say, absolutely
nothing said W. P. Hackney of Win
field. one of the attorneys for Mrs.
Barclay.
Are you satisfied"
II am never satisfied when L am de-
feated.'' &S
Mrs. Barclay has insisted all along
that she would carry her case to the
United States supreme court If need be
positively that an appeal will be taken
from Judge Pollock's decision, 1t is
looked for. If the United States cir
cult court of appeals finds in her favor
1t may issue a writ ordering Judge Pol
lock to assume Jurisdiction.
"I am glad that I don't have to go
through the ordeal of another trial,
said Mrs. Bleakley simply after the
court adjourned.
81 don't know what the other side is
going to do and 1 don't care further
more" said Eugene Ware, attorney for
Mrs Bleakley. II can whip them in
any court In the land
Little Edith sat closped close in the
arms of her mother throughout the ses-
sion of the court. Dressed in white
caracuIe coat with can to match and
red shoes and stockings she made a
pretty picture. She looked shyly around
from the sheltering arms of her moth
er at the strange faces of the men and
women who were present. The case
came into the United States circuit
court upon writ of habeas corpus di
rected against Mrs. Bleakley who lives
at 1924 College avenue, to produce her
daughter into court The writ was is
sued on November 9. Since then it has
more or less occupied the attention of
the federal court.
Judge PoIloclz's Decision.
Judge Pollock in his decision says:
1.-The simple question thus presented
is, does this court have jurisdiction of
an application for writ of habeas
corpus brought to test the rights of
the respective parties thereto to the
possession of the person of minor
child, and the consequent custody.
education, comfort and society of sucn
possession. And this. no matter how
ARMY fixed in the law the right thus
asserted by the REALTORS may be. or
on what ground of the law such claim
may be predicated.
sfFrom the authorities it is most
clear the case in which the courts of
the United States may entertain juris-
diction of habeas corpus proceedings.
under the federal statutes on that sub
iect, relate alone to such cases as In
.ot,,o +bo porSona1 Iiherfv of the Oati-
TONER. or one on whose behalf the
petition is made, and do not relate to
such controversies as that here pre-
sent, over the custody and possession
Of a minor child. Before a case cog
nizable by this court involving an in
curry into the custody of or the right
Of the possession of minor child can
be made out, the requirements Of the