Paragould soliphone. (Paragould, Ark.) 1918-1950, 1921-06-22
RIOTERS LOSE CASE
IN SUPREME COURT

Suance OF q writ of prohibition deny
! ing the jurisdiction of the Pulaski
Chancery Court in the cases of the
4 six Elaine negroes under sentence
of death for murder i'll connection
with the Phillips county race riots,
| the Arkansas Supreme Court yes
terday dissolved the temporary in
granted in stay of execution, and
restored the cases to their status
quo. Under the rules of the court
the decree does not become final
er which, in the absence of other
stays the governor again may set
| the date of execution
However, the defense has the
choice of three actions which may
be taken before the governor re-
ceives the mandate of the court an
! nouncing the issuance of the writ
A motion for re-hearing may be
! filed in the Arkansas Supreme Court
appeal on writ OF error may be
| taken 70 the United States Supreme
Court. or habeas corpus proceedings
may he instituted III the United
States District Court here f. t.
McHianey, one of the attorneys for
| the negroes, said yesterday that he
| had not received a copy of the State
| Supreme Courts opinion, and had
not decided what action would be
taken
| The Supreme Court yesterday held
| that the courts OF equity such as the
| Chancery Court have to do only with
civil and property rights and have
no right to interfere by injunction
with criminal proceedings, nor may
| they stay processes of courts having
| exclusive jurisdiction of criminal!
matters where no civil or property
| rights are involved.
As to the defendants plea voiced
! in their petition for injunction in
| Chancery Court TO teh effect that
| they had been convicted without
due process OF law in the Circuit
Court, the Supreme Court rules as
follows:
'As to the due process Of law
| that is required by the Fourteenth
amendment, it is perfectly well set
| tied that a criminal prosecution in
the courts OF 4 state, based upon
law not in itself repugnant 10 the
federal constitution and conducted
according to the settled course nt
| judicial proceedings, as established
| by the law of the state, so long rs
lit includes notice, and q hearing, or
| an opportunity to be heard, before
| Il court of competent jurisdiction,
according 10 the established modes
of procedure, is due process in the
constitutional sense" And further,
! This familiar phrase due process
1 Of law does not mean that the Oper-
alton OF the state government shall
be conducted without error or fanlt
| in any particular case. nor that the
| federal courts may substitute their
1
courts, or exercise any general re-
| view over their proceedings, but
only that the fundamental rights
OF the prisoner shall not be taken
from him arbitrarily or without
the right to be heard according 10
| the usual course OF law in such
cases
| THE prohibition is addressed TO
the state; ii il be violated. il makes
no difference in court of the Unit
ed States by what agency Of the
state this is done; so. II a violation
be threatened by one agency of the
|agency of higher authority, there is
no violation by the state. 1t is for
the state to determine what courts
or other tribunals shall he estab-
against its criminal law and TO de-
fine their several jurisdictions and
authority al between themselves
land the question whether state
~ utpIlNlIE IL ~ lStHSi w iipN' -
without due process of law, where
the offense for which he is prose
lcuted is based upon law that does
lno violence to the federal constitu-
ton cannot ordinarily be determined
with fairness to the state, until
the conclusion of the course OF JUS
ltice in its courts"
If motion for rehearing is filed II
lmust be made not later than July 4
which is the final date on which
motions, submissions. etc, will he re
lceived by the court during this
term II the motion is filed it woulc
) be acted on by the court in all prob
ability on Monday, July II, after
! which the court will go into vaea
tion until September 10, II NJ
L further action is brought before th'
state court, the writ will become
permanent on July s, which is tn,
fifteenth judicial day after thu
} decision yesterday. After this dat
: the governor, unless stayed by ap
peal to one of the federal court