Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-01
THE COURTS

The placing of its injunctive ban on an
| organization comprising membership OF
| 1000. 900 men: its Judgment that Samuel
| Gompers John Mitchell and Frank MOT
| rison, leaders of the organization, Vlo-
! lated this Injunction and it's imposition OF
! Jail sentences OF six, nine and twelve
months imprisonment respectively, for
! the alleged contempt. constitute the mos'
important actions of the District SUI
| preme Court during the year just closed
| These decisions, coming at the beginning
! OF the year when temporary lnJunctioi.
| laid against the American Federation OF
| Labor, its officers and allied bodies. was
! made permanent, and within week OF
/ the years demise when the contempt I'M
prsonment was imposed, have Kept the
| District Supreme Court in the spotlight
| of public interest throughout the year
| Probably no decision of court IN TINS
| country has been more widely read or
commented on at more length than these
| two labor decisions, one by Justice Gould
holding the boycott Illegal and enJoining
! the use of the name of the BUCK S stove
! and Range Company on the we don
| patronze" list in the American Fedora
/ ZIONIST, and the decision rendered Decem-
! Der % by Justice Wright adjudgins the
! labor leaders in contempt of court Tor
/ alleged violations of the injunction.
| The District Commissioners during the
| year sought by mandatory injunction TO
prevent the location OF the substatlon OF
| the Philadelphia Baltimore and Wash
| ington Railroad Company at 14th and
Water streets. The court dismissed the
petition and denied the writ, holding that
as the Commissioners had once approved
| the site il was beyond their right to at
| tempt to revoke the approval.
! Against Secretary of Interior.
The first mandamus proceeding to be
successful against the Secretary of the
| Interior for fourteen years was issued
| by the District Supreme Court in 1908.
This writ required the Secretary to re-
! store to the rolls of the five civilized
| tribes OF Indians the names of John l..
| Goldsby. Ida Allison and George 4. AL
| lison. The case was carried to the United
| States Supreme Court and the action OF
| the District Supreme Court sustained
| Other mandamus proceedings pending
| will be governed by this decision, and
about 100 persons will be restored to
| these rolls. Many other attempts to re-
quire the Secretary to reverse his de-
| csions have failed
| Mandamus proceedings against the Dis
| trict Commissioners were filed in num-
! Der of instances. The writ was granted
on a petition of Sidney Bieber, former
| fire marshal of the District. who was
dropped from the pension roll for failure
! to present himself for medical exam ma
| ton in accordance with an act of Con-
greSS. The court sustains the contention
! of Mr.. Bieber that he had vested right
| in the pension. of which he could not be
deprived, and ordered his reinstatement
as beneficiary of the pension fund.
| Pension for Policeman's Widow.
The Commissioners were also required
by the court to place on the pension roll
the name of the widow OF Policeman
Fletcher. who. after rendering his resig-
nation, died before the authorities had
acted on il.
The Philadelphia Baltimore and Will
mingtQn Railroad Company and the Bal
| timore and Ohio Railroad Company each
secured WritS of mandamus compel ng
! the Commissioners to sign orders on the
! Treasury OF the United States for the
| payment Of s1,JOOO0U to each company.
| The Commissioners deciin d to certify
| that the conditions precedent to the pay
ment of the money had been performed
| The payments were made.
The year 1905 has the distinction of
adding to the annals of criminal jurispru-
dence the longest and most costly trial
that ever occurred III the District Supreme
Court. resulting in victory for the gov
! eminent. Frederick A. Hyde. John a.
Benson Henry T. Dimond and JooSt III.
! Schneider were called for trial April I
/ last in the famous land fraud case. Dur
! ing the trial 49, witnesses testified, OF
whom 100 had been brought from the
Pacific coast at a cost of about $4,000.
| The defendants were represented by emil
! nent lawyers from New York, San Fran
cisco and this city, while Tn ted States
! Attorney Daniel w. Baker and Assistant
| Attorney General A. Il. Pugh appeared
| for the government.
Land Frauds Trial.
! After d bitterly fought legal battle. ex-
/ tending over twelve weeks, Frederick \.
Hyde and Joost II. Schneider were con-
| victed OF conspiracy to defraud the
| United States OF vast tracts of its public
domain. The two other defendants were
! acquitted. Justice Stafford. who presided
| at the trial, recently sentenced Hyde to
! the pentenl;ary for two years and to pay
d fine of $4,000, which was the maximum
| penalty prescribed by the statute.
| Schneider, who acted in the transaction
| as Hyde'S employee, was sentenced TO the
panitentiary for one year and two months
| and to pay a fine of $1,000 The case is
now awaiting review by the appellate
tribunals.
! The highest fine ever paid in open court
| in this District was paid by Edwin NJ.
| Van Dyck November last, when he sat
| istied the sentence of The law by turning
! over to the marshal two hve-thousand
dollar bills. Van Dyck pleaded guilty To
| d technical violation Of the statute cover
| ing conspiracy to- defraud the United
States. Victor G Bluede, indicted with
| him. paid fine of $4,000 ...
Edward Leon Thompson. otherwise
|
ma practice and sentenced to the peniten-
! til y for five years.
Murder in First Degree
Albert Brown was convicted March . of
! murder in the first degree for killing his
/ brother, and expiated his crime on the
! galloWs June %
| CASTOR p. Philip was acquitted June l
! on an indictment charging him with the
! murder of Frank 3. Macaboy, a former
! LOCAL cab driver.
| James Arthur Kemp, former chief clerk
| of the local police department., was APP
| pretended in New Orleans, La, on an In
dictment charging him with embezzlement
of funds belonging to the District gov
eminent. When arraigned before Just &c
| Gould Kemp pleaded guilty and was SEN
fenced to the pepitentiary for two years.
! Representative j. Thomas Hefiin of
| Alabama was indicted May IL last for as
| saulting with dangerous weapon Louis
| Lundy and Thomas McCreery.
| Collapse Of Building.
The grand iury july - returned an in