The San Francisco call., 1909-09-08
M|TCh[LL'S DEATH
DEFEATS THE FINE
Government Unable to Recover
Penalty for Land Fraud
Against Senator's Estate
Circuit Court of Appeal Holds
Sentence Can Not Be Di-
vided Into Two Parts.

By decision of the United States
circuit court of appeal handed down
yesterday the heirs of John H. Mitchell,
senator from Oregon. who was con-
victed of land fraud, were saved $1,000,
this being the amount of the fine i'm
posed upon Mitchell at the time of his
conviction.
BY this decision the long legal bat
tie against Mitchell and his estate is
practically ended. In February, 1905,
Mitchell. then. United States senator,
was indicted by the federal grand jury
for agreeing to receive from Frederick
A. kribs compensation for services
rendered in appearing before the COM
missioner of the general land Office at
Washington, ID. c., and persuading him
to pass favorably on certain timber
lands in Oregon.
DEATH ABATED JUDGMENT
The case went to trial and a verdict
of guilty was returned July % of the
same year. A fine of $1,000 and six
months imprisonment was imposed.
Mitchell sued out a. writ of error from
the supreme court of the United States,
but died while it was pending. The
writ was then dismissed
David M. Dunno, administrator of
the estate of Mitchell, then asked the
court TO cancel the fine on the ground
that death terminated the proceedings.
The motion was granted and the United
States appealed.
Judge W. W. Morrow, who wrote the
decision, said that the fine and i'm
prfsonnfent was an indivisible judg-
ment and wholly penal. 1t could not
be sepa rated into parts, and one part
kept alive as an indemnity, while the
a iSha writ = he
death of Mitchell. Thus the court held
that all private criminal injuries or
wrongs, Is well as all public crimes,
are buried with the offender.
In the suit of the Pacific Mail steam
ship company against the Commercial
Pacific cable company of Honolulu, the
United States circuit court of appeal
reduced the amount awarded the cable
company for pulling the steamship
Manchuria off a coral reef at Oahu from
$50. .6S6 to $4,000. The steamship Re-
storer, a cable laying vessel, came to
the rescue of the Manchuria, and after
repeated efforts. and with the COM
bined aid of various tugs, finally foated
the ocean liner. The company then
brought suit for 100000 saliva ge
United States District Judge Dole, for
the territory of Hawaii allowed the
ca bic company S62,63s.
One of the items allowed in the
original trial of the case was for bonus
allowance, or the risk taken by the
Restorer in rusing in to rescue the
Manchuria. The upper court found that
the sea at Oahu at the time of the ac-
cident, and when the Restorer came TO
the rescue. was as smooth as glass, and
instead of rushing in to assist the
stranded vessel the captain stood off
and dickered about terms.
LOWER COURTS AFFIRMED
Judgment was affirmed by the United
States circuit court of appeals in the
case of the fremont coal and coke
company of Oregon against Charles G.
Johnson. who brought suit for $500
damages on account of having his arm
crippled for life while working in
coal mine owned by the company.
The United States circuit court held
that the United States district court
for the district of Alaska erred in or
dering the common council of the town
of Noma to pay to the school board
of Mona SO 900, part of the federal Ii
cense moneys collected by the council.
The action was in the name of Conrad
Preceding and others against A. A. Allen
and others
The judgment of the lower court was
affirmed by the circuit court in the case
of the Eastern Oregon land company
against Thomas ]. Brosman and C. J.
Simpson.
The circuit court decided that Rich
ard s. Miner was not the attorney for
T. B. Rickey and the Hickey land and
cattle company. On the claim set up by
Miner he sought certain pay from
Hickey and the company. The lower
court found that plaintiff was never
employed as attorney for the company
or Hickey as an individual. This judg-
ment was affirmed.
With instructions to overrule the de-
murrer in the damage suit of Staka
Radova and her children, subjects of
the prince of Montenegro, against the
Lytle logging and mercantile company
of Porter. Wash, judgment of the lower
court was reversed by the circuit
court. The suit, in which the demur-
rer of the logging corporation was sus-
tanned. was for 100000 on account of
the death of the plaintiffs husband
while working for the company.