Arizona republican., 1915-04-20
Supreme Court Holds Geor- gia Supreme Tribunal Denied Leo Frank No Legal Right Under Con stitutinn of State
ONLY PARDON CAN
 SAVE DEFENDANT
Claim of Mob Domination and Refusal of Due Pro cess of Law Ignored; Hughes Concurs With PitneY
ASSOCIATED PRESS DISPATCH

] WASHINGTON. April 19.-The su- preme court held the state of Georgia denied Leo Frank no right under the federal constitution in sentencing him to death for the murder of Mary Phagan. the Atlanta factory girl. The court affirmed the action of the U. $. district court of Northern Georgia by refusing to release Frank on d writ of habeas corpus. Justice Pit ney announcing the opinion in which Justice Hughes concurred.
 The decision, it is believed here. exhausts all means of fighting in the courts to save Franks life. His at torneys have, however, 30 days in which to file an applica ton for rehearing. At the end of that time the courts mandate will issue and ap- parently, only the possibility of a pardon will be between the prisoner and death.
 The habeas corpus proceedings rested on the claim that the trial court lost jurisdiction over the prison CT by reason of mob domination" during the trial by Franks involun- tary absence at the time the verdict was rendered It is claimed this de uied him due process" as guaranteed by the federal constitution A ma jority of the court held the findings by the supreme court of Georgia that tse alleged mob dominance" amount ed to nothing more than irregularities, not prejudicial to Frank
 Justice Holmes in a dissenting opinion. declared that the loss of jurisdiction by the trial court, could be restored by any decision by
 
 the findings of the Georgia supreme court as conclusive He said if the allegations in Franks petition for habeas corpus were true. the facts were before the Georgia supreme court and that court had sanctioned the situation upon which the fedearl court should act.
 If the facts were not before the state supreme court he added, it was the outy cf the federal court to de- clare Lynch law as little valid when practiced by regularly draw jury as when administered by one elected by mob intent on deatht'
 Leo M. Franks legal fight for life has taken a place among the cele- brated murder cases of recent years. Seven times since since his convic- ton in August. 1913, the lower and supreme courts of the state of Geor- gia refused to grant Frank q new trial or to set aside the verdict: three times the sentence of death was passed upon him and twice appeals were made to the United States su- preme court. the first being unsuc- cessful and the second resulting in the decision today.
 The murder of 14-year-old Mary Phagan. factory employe, of Atlan- ta, Ga. which at first appeared to be a crime of only local importance. eventually developed into case of nation wide interest. This was due in large part to the efforts of Frank and his friends to obtain for him a new trial or annulment of the yer dict. Added interest in Atlanta was given the case because of it's having been brought into a municipal politi- cal controversy, which involved at tacks on that city's police and detec- tive departments and wrangles among factions in the city administra tion