The Washington herald., 1909-06-02
Supreme Court POstpOnes
Hearing OF TenneSSeeanS.
DECREE IN FORGERY SUIT
Nations highest Tribunal Decides
in Governments Favor in Test
Cases Involving Legality of Fines.
Recess Until October IL Taken
After Nine Judgments Are Given.

o. ns-S "a fTlNSe4f AAAESSG 2NS SNAANN--C1 -O-
contempt upon Sheriff Shipp. Of Chat
tanooga. and the others implicated il
the lynching of Edward johnson, a negro,
while his case was pending on appeal
before the court.
The prisoners were brought before the
bar Of the court, in accordance with its
mandate. but their attorneys interposed
a motion for rehearing, which carried
the case over 10 the next term, in Oc-
tober.
Such an unprecedented action for con-
tempt aroused deep interest In the legal
profession. and the members Of the bar
crowded 10 overfowing the space reserved
for them
Found Guilty OF Contempt.
The court a week ago found Sheriff
Joseph ?. Ship and his deputy. Jere-
miah Gibson, guilty OF contempt IN ac-
Cuiescing in the lynching OF Johnson. and
Nick Nolan. Luther Williams, Henry
Padgett, and William Mayes likewise
guilty Of taking part in the lynching.
and ordered the marshal OF toe court 10
issue Krits Of attachment for them.
They had been on bail since the COM
plaint was fled against them, more than
year ago, and they we're brought to
Washington Monday in the custody Of
the United States marshal for the East
ern- district Of Tennessee. When the
court convened to-day Marshal Wright.
OF the Supreme Court. in obedience TO
the courts order. brought his six pris-
oners into court and reported The six
men were ranged directly IN front OF the
bench and remained standing TO receive
sentences Solicitor General Bowers. on
behalf OF the government. then asked
that sentence be pronounced.
Attorneys Chamlee. Cliff. and shepard,
representing the prisoners, Immediately
interposed with q motion for leave 10 file
q petition for a rehearing Of the case.
They had. they said, only received copies
Of the courts opinion yesterday. and
while there was no precedent in this par
ricular case. the usual rules. they thought
would apply. and they should be en-
titled 70 ME a petition for Tel.eeTing i
they 50 desired
Chief Justice Fuller said he thought
the proper course would be TO impose the
sentence first, and grant leave afterward
70 file petitions for rehearing. which
would Of course carry their execution
over until the reassembling OF the court
next fall. as the court would not before
act upon the petition He asked counsel
for the government il there were any
other suggestions in the matter.
Solicitor General Bowers urged that the
delay would postpone action by the court
until next fall. Attorney Chamlee, or
behalf OF Williams. asked for twenty OF
thirty days postpcnement OF sentence IN
order that his client, who is a saloon
keeper. might arrange his affairs. viii
isms. he said, would be forced into bank
ruptcy unless he were given time 70 pre-
pare for the sentence
There is going 10 be a long drought
in the liquor business in Tennessee
your honOrs" ne said, and my client
would like sufficient time 10 prepare
for it"
Chief Justice Fuller, after consult
Ing with his associates. announced
That the court would take a recess fol
the purpose or considering the matter
and the justices fled out TO their con-
sultation room When, after an absence
Of fifteen minutes. they returned. the
Chief Justice said II had been decided
10 allow counsel TO file petitions f0l
rehearinE within thirty days, which
would necessarily carry the MATES
over until the fall term. In the mean
time The prisoners would be admitted
10 bail in the sum Of $1,000 each fOI
their appearance
Delivered to Marshal.
Sheriff Shipp and his five companions
were then delivered by Marshal Wright
TO the United States marshal for tbs
Z Eastern district OF Tennessee, and they
viii. as before. give bond at Chatta-
neoga TO answer at the October term
after their petitions have been passed
upon
The Supreme Court, in an important de
cision, held that the government was no
required 10 give prompt notice Of discov
cry Of forgery Of checks it had issued. a
were the payers Of other checks. and that
Il was not, therefore, barred from recov
I cry for the amounts paid on such check:
I by the failure to give prompt notice o.
such forgeries.
/ The case was a suit brought to recover
I from the National Exchange Bank. Of
/ Providence, p /, $14,000 the mount Of
| 1e4 pension checks il had paid on the IL
/ dOrsements forged by William a. Munson
pension attorney Of that city Nun
sons forgeries extended from 1884 10 1887
when his wrongdoings were discovered
( The checks were TO the order Of eight
| cen OF his clients whose pensions shOuls
/ have been stopped by reason Of Temar
rage OF death. and was one Of the laTges
cases Of the kind that ever came befOT'
! the Pension Bureau Munson was convict
ed and sentenced to five years, but diet
I before completing his term.
The Federal court gave judgmen
/ against the bank for part Of the checks
butt the Court Of Appeals reversed tha
/ finding on the ground that the govern
ment had failed to comply with the com
mercial rule that required prompt notic'
/ Of the discovery OF forgeries.
/ The Supreme Court reversed that jUdg
ment, holding that. first there was n
such rule and. second, that governmen
checks were not the same as commercial
/ checks. for It could not know the sigma
lures Of the thousands OF checks It issued
as were the banks in the case Of check
drawn by its depositors.
Involved Legality.
! Test cases lnVolVlng the legality or som
200 fines Of 500 each imposed upon trans
Atlantic steamship companies for bring
ing into the United States immigrant
afflicted with trachoma were decided b.
the Supreme Court in favor Of the gov
ernment
The fines were inflicted under the IN
junction laws in cases where the condi
zion Of the immigrant on landing wa
such that the existence of the diseas
should have been discovered at the por
Of embarkati0n. and the steamship com
pany was also charged with the expens
Of returning the person 10 that port
The court, after handing down opinion
IN nine cases. and disposing Of variou
motions, adjourned until October II.
HSafe and saney Fund $1,000.