The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-29
Alabama M en- M u st
Serve Terms for Peon-
age Practice,
SUPREME COURT
REVIEWS CASES
Tribunal Holds That It Cannot
Review Action Of Legislature
in Gerrymandering State for
Congressional Purposes,
Case Coming Up From
Kentucky.

Washington, d. e.. November rs
| Cases arising from nearly all sections
of the United states were passed upor
In twenty-five decisions announced to-
day by the Supreme Court of the United
States
One Of the decisions had the effect o1
sending to prison four Alabama nier
for alleged peonage practices. Others
held that the court could not revie"
the power Of a Legislature TO gerry
mander" state for congressional pur'
poses, because the question had been
raised in connection with the election
OF 1905 long since past. that State
may regulate liability for the non
delivery of telegraph messages in In
terstate commerce so long as Congress
does not regulate 1t, and that no con
stitutional rights of widows In Can :
fornia had been violated by the assess
ment of an inheritance tax on the wife
share of Community" property owned
by wife and husband before the latter
death
Sentences VIII Stand.
Sentences of imprisonment imposed
upon w. s. Harlan, Robert Gallagher.
c. C. Hilton and II. Il. Huggins. OF Ala
bama, on peonage conspiracy charges
were allowed TO stand as legal by the
court. These were the first convictions
under the recent crusade of the Federal
government against peonage.
W. S. Harlan, general manager OF the
Jackson Lumber Company. with Inilis
near Lockhart, Ala, was arrested IN
1906, together with C.. C. Hilton and
s. T. Huggins, employees of the mills
on charge of conspiracy to commit
the statutory offense of "peonage.
They were accused specifically OF nav
ing conspired to arrest and TO return
to the lumber camp of the company a
Hungarian named Rudolph Lanniser,
to work out an Indebtedness alleged 10
be due 10 the company.
Harlan was sentenced to serve eight
cen monthe at, hard labor in. the Fedetai
penitentiary at Atlanta and to pay a
f,ne OF 5000: Hilton and Huggins each
to serve thirteen months and to pay
a fine Of $1,000.
The Supreme Court declined to re-
view the trial upon application of the
convicted men. but the cases were
brought to the court on an appeal from
the refusal of the Circuit Court OF the
United States for the Northern Distrie!
of Florida to release them on Writs OF
habeas corpus. They demanded tnelr
release on the ground that the sem
tence included hard labor and because
the grand jury was not organized IN
accordance with the law.
In second case. Robert Gallagher.
superintendent of the jack
son Lumber Company. was convicted
on q similar charge and sentenced to
hfteen months in the penitentiary and
to pay a fine OF $1,000. He, too, Valnly
ro1aaca On CORPUS,
Appeal Is Dismissed.
Leaving to one side the question as
to whether or not States may gerry
mander"s their territory for congress
sional districting purposes, independ-
ent of limitations by Congress. the SUI
prcme Court dismissed for want OF Ju-
the appeal from an attack
on an alleged "gerrymander" In Ken
lucky. The court held 1t was with
out Jurisdiction. because the case con-
cerned the congressional election OF
1908, and therefore the case now rais-
ed only moot question.
judicial proceedings were begun by
in Kentucky in 1907 to
test the alleged "gerrymander" OF the
State for congressional election pur'
poses. Charles Richa rdson, of the
Fourth Congressional District. filed a
suit asking that the Secretary OF
State and his successor be enjoined
from printing on the official ballots in
1905 the names of certain candidates
FOR Congress.
1t was claimed by him that the act
IF the Kentucky Legislature had ger
the Eleventh, Eight and
rhird Districts in violation of stat
ties OF Congress and the Constitution
Such discrepancies existed in the ap-
,ortionment, it was claimed. that g
'oter in the Eighth District availed
n voting more than one and four
ifths times as much as a voter in the
AT the election in 1905 it
vas argued before the Supreme Court |
he Republicans carried the Eleventh
~ over 21,o0O, While the Democrats
carried the Eighth by about LOO, and |
lie Third by about 500.
The Kentucky Court of Appeals held |
hat it had no power under the State
to review the action of !
he Legislature in districting the State |
or congressional purposes, and 1t |
questioned the power Of Congress to
10 so.