The sun., 1916-02-29
RULING FOR LAMAR
STAYS PRISON TERM
Z. s. Supreme Court Grants
Writ Ordering Review Of
the Entire Case.
ACTION CAUSES SURPRISE

wAsutScroN. Feb 2S--David Lamar.
will not have to 20 to prison at once un-
der the sentence imposed by the Federal
Court for the Southern District OF New
York and affirmed by the Supreme Court
Of the United states in January. Thc
court to-day granted a writ OF certiorIl
ON its own volition directing that the
entire record in the case be brought up
from the United States Circuit Court OK
Appeals to permit review by the nigh
Get court.
AT the same time the court denied
motion made last Monday by solicitor
General Davis that the mandate issue
at once under the decision OF the court
I'm January refusing IIamar's appeal anu
practically affirming his sentence TO Two
years Imprisonment. for inpersonating
former Congressman ~. Mitchell Palmer
with intent to defraud.
Pending the determination OF the re-
view by the Supreme Court Lamar VIII
probably be at liberty on bail. The court
will receive briefs and probably fix
day for argument and In the present
state of the docket the case may not be
reached until next fail. The Government
will probably make motion To- have
the case advanced and set for a hearing
at this term. but II is regarded as doubt
full IL the court Will be able TO grant
this motion.
Court's Action IL Z ausuai.
The action taken by the court to-day
WAS unusual ia that the court denied "A
motion last Monday by counsel FOR La
snar for leave to file a petition Tor writ
Of mandamus to the Circuit Court OF
Appeals directing II to reinstate Lamar :
writ of error which that court had dis
missed on the motion Of the Government
upon the ground ,ha, IL was inconsistent
with the appeal which Lamar had pend
ing ut the time IN the Supreme Court
Hut at the same time the court volun-
sarily granted 4 writ of certiorari 10 bring
up the whole record OF the case FOR re-
view.
A flood of speculation among lawyers
followed the action of the court to-day
AS to what is the real significance back
Of the new turn in the Lamar case.
Some attorneys believe that the question
as to whether y member of Congress Is
" Government officer within the meaning
Of the statute is the real issue to which
the court will address itsclf in the re-
view. Others believe that this question
was disposed If 10y Justice Holmes when
he refused I.amar's appeal. which came
directly from tn. Federal court, and
these authorities believe that the court
was moved 20 grant the writ Of GER
tioafi to review the case by the sus-
picion that an error might have been
committed 10y the court Of Appeals in
diminishing I.amars writ Of error on the
demand of the Government.
The Supreme Court decided asainst
Lamar in January on the ground tina.
his constitutional rights had been not
denied In the court below. Other uues-
tions were not raised and had the Judg-
inent. ~ tn. court below stood the de-
fendant might have been denied the
right Of "A final review of the merits OF
his cas-. b! the highest court.
The denial of the application for a
writ OF nandamus was not surprising 10
lawyers who have followed the case
holding that such a method is not usr-
ally resorted to to bring up the record o,
I case for review