◆ SpookStack

ed pe i lt, cae eee ee ee a A et oe a * Q 2 ra 7 _— 477 es . a a 5 Bee the Bi [Cogtinued From First - . ghts does met esi ,4 .tomortow's hearing. Stone's fon,| .- m lts protection, Lauson, is one of the fet nse . ‘100 Ebi sent that ;counse] and Murph on ae eb gh ge vilege ee active duty with gy Army as al te eth Pe eas ote OF * Toorpus té Deroons af Heutenant colonel *Court attaches . a . tion of the Present prisoners. said Justices were , keepers of While the deferise brief '; thely awn consclerme” in deciding . ably will quote freely from See WT se UN ee partl ein . tice David Davis, who wrote the heen ‘ eipat : ; ; Milligan decision for the Although the arguments are preme Court, the Goversune bound to be of a technical char- expected to point out alao acter and the saboteurs will not he said the writ of habeds ca be present, hundreds of persons . might be suspended in pi are anxious to attend the session. ' ‘where war actually previ Requests far outnumbering the With this quotation in mind seating capacity of 300 have been torney General Biddle and Imade to court officials. While the eral cramer may contend th length of time-the Court will sit this survival war the U ‘is problematical, it is assumed States is as much a battlefie that two'or three hours will be any other, and that Pres: consumed in hearing arguments Roosevelt possesses ample by the defense and Government.. thority in such a situation. Biddle Flew to See Roberts. Colonel Cassius M. Dowell and } : i Colonel Kenneth Royall, chosen by Roosevelt as defense lawyers, x Milli. hn will appear for the Nazis, whil consented to the test, but it was'mous Civil War ex parte z . emphatically atated that Biddle|case which, by a five-to-four deci-Mbarticipation in a secret soc Attorney General Francis Biddl resisted the proposal vigorously, |sion, decided that as Jong as fhe known as the Order of Amer and Major Géneral Myron Cli and visited Justice Roberts en-|courts were open and were notiKnights, or Sons of Liberty. Cramer, Judge Advocate General, |tirely as an opponent of Colonel|in the actual theater of war, the! He was arrested in 1864, will sp#ak for Government. | powell. Jt was further asserted|defendant accused of affording/last year of the Civil War, At the |Supreme Court It was that, almost as soon as the Nazilaid and comfort to the rebellion, by a military court at Indt said that Colonel Carl L. Ristine,|trial started, the defense lawyers|of inciting insurrection and con-lolis, convicted and sentence: wee Special counsel for George JOnN/urged upon the commission that|spiracy against the United Statesjhang. Nine days before he Dasch, would not argue in the|the prisoners were being so de-;could not be tired by a military;due to dle, Milligan ap case, and this gave assurance |prived of their basic rights as to;commiasion. the Circult Court for Indiana that Dasch was not one of those} make a Supreme Court approach Lincoln Denied All Writs. later to the Supreme Court, f seeking He . ernie of habeas Necessary, P PP “Lincoln went so far as to deny|writ of habeas corpus—decla corpus. He is said to have given . 1 writs of habeas corpus. That/the military tribunal which 1 valuable information to the Gov. Swift Action Demanded. al ie act of courage and foresight pre-;/him was without authority. ernment. _. ‘|. The Court was_called upon by/yvented Maryland from seceding| The high court took Preilminary arrangements for|Representative Emanuel Celier|and probably was one of the tell-/from the military- and hand the appeal to the Supreme Court|(D, N. ¥.) to act swiftly and sure- ing blows that saved the Union.'to the civil courts. . Started a week ago, it was learned |ly against the saboteurs. Like-| “This is a war of survival I Garfield a Justice. fae @t the Department of Justice. On| wise, the Brooklyn Congressman|is hoped that the President will] The nine Justices concurre mR that day, when the military com-|urged President Roosevelt to fol-|follow somewhat the action of|upholding arguments of |] 24 mission tock its first recess, Col-)low largily the example of Abra-| President Lincein.” gan’s counsel — among i one] Dowell and Biddle fiew to,;ham Linceln in denying writs of| Exhaustive briefs will be sub-| James H. Garfleld, who wast Philadelphia to discuss the pro-| habeas corpus, mitted by both sides tomorrow.|come President—that the mil posal with Justice Owen Roberts.| “Our people are of the epinion|Informed quarters said that the/court had no jurisdiction bec 4 However, Roberts referred his|that the eight Nazl saboteurs|defense would rely greatly upon|—1. Civil courts were functio “| caller to Chief Justice Stone in|should be executed with all possi-|the case of Lambdin P. Milligan,{in Indiana, and 2. Martial law New Hampshire. Stone instituted) ble dispatch,” said Celler. “They|the Indiana citizen, who, therSu-{not in effect. telephone conversations with the|are gonfident that the military; preme Court decided in 1866, was| It split, 5 to 4, on the majol other court members, and the|tribuhal will decree their death.:not subject to trial by a military/main premise: that neither special session of tomorrow was|Any interference with that trial/commission, which condefnned!President nor Congress has the result. . by citil court would strike a se-jhim to death. ’ wer to set up a military urely Defense Move. vere blow to public morale. These Defendants Aliens unal except in an actual th { The Wwove towards the Supreme! “The Suprei.e Court, without! In this connection, it was sug-lof war, and that elsewhere Court coPwos entirely from the de- hasitation shauld deny the notilaestad that Milioan was a citizen Imartial havea vtedintion ifense, it was ascertained. Some ipersons believed the Government Viliigan was a citizen,imartial have furtsdiction tion for a writ of habeas corpus.| whereas six of the Nazi saboteurs only persons in the militar It need not be bound by the fa-lare aliens—but this was countered! naval pervice, i.e ee