The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-01-29
PHOLOS THE
INDICTMENTS
SUPREME COURT DECISION IN
HICKEY BANNING GAsES-AP-
PEAL WILL PROBABLY BE IA
KEN TO L. :. SUPREME COURT

CARSON. Jan. 2S.-The supreme
court of the state has handed down
its decision upon Two petitions for
writs of habeas corpus in what are
known as the Bank Cases. The
dominion was read in open court by
Chief Justice Norcross. and was al
rected more particularly 10 the con
sfifufionality of the Nevada statute
under which the indictments against
the directors of re State Bank d
Trust Co. were drawn. The court
held in substance that the onstitu-
tional objection TO the effect that the
/ law was special Legislation was not
we'll founded, and that the legisla-
/ ture had the right TO segregate GER
tain class of individuals engaged in
a common occupation and enact law
which should be made applicable to
all. The court also took the position
that there was a distinction between
the constitution of Nevada and the
constitution of other states. wherein
the constitution prohibits imprison-
ment for a debt. While cases were
submitted by counsel for the defend
ants wherein il was held that i'm
constitutional provisions. the court
held that where an allegation OF
fraud was sci forth such an allega-
ton was not repulsive To the provi-
sions of the constitution of the state
of Nevada One of the most vital
questions. among others, was raised
on petition for writ of habeas
corpus Ii was expressed orally in
open court that there was some ques-
ton in the courts mind as 10 whether
the sufiiciency of an indictment eouid
he questioned by means of habeas
corpus. The court took pains 10 ex-
press the possible distinction be-
tween the form of an Indictment
wherein failure To properly allege
may be cured hy subsequent indict-
ment and an Indictment in which no
offense whatever is charged. Coun-
sci was requested 10 submit autnor-
tiles 10 the court on next Wednesday
morning upon this question. and
upon the further question as TO
whether by means of stipulation be-
tween counsel the court could con-
slider the legal questions raised by the
writ of habeas corpus without estab-
fishing precedent which might
cause the court some annoyance in
! the future.
The petition for the writ of haheas
corpus is founded upon the jndict-
ments preferred in Nye county,
wherein il is alleged, among other
things. that the reception of the de-
posits was made by the directors of
the bank through the bank tellers. 1t
is argued by petitioners that the in
dictment should have alleged an
actual physical reception by the di-
rectors of the deposit. The deter
mination of this question would vi
tally affect the indictments in this
district. for the reason that ii the
supreme court held that an ac,,
physical reception We're necessary to
be charged and proven, the state
] would be unable To establish
/ that any of the directors actually re-
ceiyed a deposit. To that extent, the
proof would fail. Ii is also under
stood that the petiIlon above referred
! to alleges, among other things, that
/ director of a bank is not in fact
an officer of the corporation.
Pending the disposal by the SUI
preme court of the matters to be sub
mitted on Wednesday. Judge Langan
of the district court continued the
/ time defendants are to plead to Mon
day morning, March /, at 10 O'Clock.
From limitations given by counsel
for Mr.. Hickey. it is more than likely
that a writ of error will be sued out
so that the supreme court of the
Unised States may be called upon to
pass upon the question as to whether
the so-called banking act is not yio-
late of the federal constitution. The
question having been raised in This
proceeding, ii is believed that the fact
that a federal question involved will
give the highest court in the land
Jurisdiction 10 determine that ques-