| Show WRIT DENIED judge zane refuses to grant a writ of habeas corpus in the case of bf apostle lorenzo snow the case will be taken before the united states supreme court the application of apostle lorenzo snow lor a writ of habeas corpus as set act forth in yesterdays EVENING NEWS VHS as called tor hearing in the third district court today to day mr stated that the court w was a not compelled by the statute to bralit tha writ but as it was tha desire ot of counsel for the petitioner to appeal to a higher court they wanted no technicality nica lity to stand in the way of a review of the case ease acda eked that the court issued issue the writ without passing on tue the question they did allot ask that the petitioner bp released irom from imprisonment pent now but that the question at issue segregation might go to the united bistes supreme 0 cobit ourt the court said that with that understanding stand j the writ wilt would be issued mr virian varian interposed an objection ko however wever claiming that the third district court had no jurisdiction to issue a writ alt ot of habeas cof pus in this dase case the defendant had been convicted convict edin in a coordinate court the birst Dist district oct and the third 19 court had fio no to review the case and no jurisdiction P to render a judgment for th this 18 reason he opposed the granting of the writ he ateo also argued that where the petition did not how sut focient cause for the dildar e of the prisoner the writ should be denied mr MF richards Kic barda said the position of mr varian was not wen taken in refe reference relice to the alleged insufficiency of the he laffi shown in the petition he cited authorizes authorises autho rises that mr Vat variants vatiana ians clappi lidd had obly reference efe rence to the court of last rospert and not to one ahida an appeal could be taken counsel for petitioner had ball mad ethis request that all possible dountas doubt as to the right ot appeal in might ht be removed it was very far from consistent lor the representative sent senta tive of the government to object to having the highest court in the laud land pass on the construction of the law this rep representative had bid claimed th that at he had the right to segregate segre ate the offense I 1 of unlawful f ui cahak cohabitation ita tion as of often te a as he pho chose seAnd and men were imprisoned la in consequence now he came forward and objected to the supreme C couff u passing on the question if he be was as right awit should be more willing t than n government officers to have the qu question estlin decided in his lavor favor if he was wrong those prosecuted under that method were being illegally lm im ariso ned and it was only an act ot of justice to them to have the matter set right nor this purpose the writ should be grant granted pd the court CouTt should not bot try to oust the appellate jurisdiction of the united states supreme court by refu refusing Ping the application of the petitioner mr sheeks the anly object of thin the request was vas to get the question of segregation before the united states supreme court the court said that the question was etheron wh an the showing g made the petitioner tit ioner could bu be discharged on the bearing As this could not be done under the ruling odthe of the territorial Terri toral ml 86 premo coun he would not la iS buethe writ mr richards said the reason the case had been brought belore before judge zane was that the statute re required u ired 1 application to the most convente convenient conven le fent n t court the petitioner did not ask a review of toe the case in this cour tor the united states supreme court the only question was whether the court exceeded its jurisdiction in passing additional judgments after the petitioner had been beca sentenced once for the offense judge zane however refused to issue writ and an exception to the ruling iaia was alien taken by counsel for the petitioner 1 i the capwill case aiu be taie taken n to them the united states supreme court |
