The San Francisco call. [volume], May 28, 1895, Page 3, Image 3

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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DEBS GOES TO PRISON
The Supreme Court De
nies the Writ of
Habeas Corpus.
A SWEEPING DECISION.
Power of the Government to
Protect Interstate Com
merce Defined.
ALL THE JTJSTICES CONCUR.
The Strike Leader and His Seven
Lieutenants Must Now Serve
Their Terms.
WASHINGTON, D. C, May 27.— The
United States Supreme Court to-day denied
the application of Eugene V. Debs, the
strike leader, for a writ of habeas corpus.
This is a victory for the Government. No
more important question, with the single
exception of the income tax, has come be
fore the Supreme Court during the past
year than the attempt of Debs and other
officers of the American Railway Union to
secure a reversal of their sentences to jail
by Judge Woods for interfering with inter
state commerce and running of mails in
the great railway strike of last summer.
The decision of the court was read by
Justice Brewer and was unanimous, there
being no dissenting opinion. All conten
tions of the Government were sustained.
The conclusions of the court were that
the Government of the United States
had jurisdiction over every foot of soil
and over every individual within the
boundaries of the United States, and that
while it was one of limited powers it had
sovereignty within those limitations. It
has power to invoke civil courts, remove
obstructions to interstate commerce and
civil courts, and had a right to enjoin those
who made obstructions to such commerce.
The injunction was to be a bar to criminal
processes for acts done In violation of the
iniunction.
The Circuit Court having final jurisdic
tion, its act is not reviewable by the Su
preme Court on the petition for writ of
habeas corpus, therefore the writ was de
nied.
The case has importance beyond the
question of imprisonment of American
Railway Union officials, as there is largely
involved the principle of the Judges hav
ing jurisdiction of laree interests by vir
tues of receiverships created by them to
prevent.labor troubles through the instru
mentality of injunctions. Nearly one-third
of the railway property of the United States
being in the hands of receivers appointed
by the Federal courts, the precedent to be
established has wide application.
Technically, the application for a writ of
habeas corpus and certiorari arises from j
the case in equity of the Union Trust Com- j
pany against the Atchison, Topeka and |
Santa be road, since the receivership un- j
der which the Circuit Court exercised juris- i
diction over the Santa Fe and its allied j
roads was created in the case.
On the 2d of July, IS&4. when the great i
railway strike was threatened, the receivers j
applied to Judge Woods of the Circuit j
Court for the Northern District of Illinois
for an injunction against the American j
Railway Union to prevent it from inciting j
the employes to strike. Judge Woods i
signed the paper presented, which was a
sweeping one, enjoining the officers of the j
union from interfering with the mails or j
with interstate commerce, or from destroy- j
ing property or compelling or inducing the j
employes of the road to strike, by violence '
or intimidation, or from aiding or abetting i
them to do any of these things.
The American Railway Union declared a
strike on the Illinois Central Railroad, one i
of those included in the injunction, and '
the events of that strike are matters of
general knowledge. The officers of the
union were brought before Judge Woods
for contempt of court last December. E.
V. Debs, president, was sentenced to six
months in jail, and seven others, G. H. ■,
Howard, Sylvester Keliher, L. W. Rogers,
James Hogan, William E. Burns, Roy M. j
Goodwin and Martin J. Elliott, were sen
tenced to three months. It appears that
the injunction had been personally served
on but the first four officers, but Judge
Woods held that its publication in the !
newspapers was sufficient service in itself
for all of the defendants.
An application was made to the Supreme
Court for the release of the eight officers j
of the union by a writ of habeas corpus, ;
and pending the decision of the Supreme :
Court they have been given their freedom
under bail. Counsel for Debs and his asso- i
ciates base their application on the grounds !
that their sentence without indictment
and trial by jury was In pain of the con- !
stitution, particularly its fifth and sixth '
amendments; that the information on i
which they were convicted did not show !
any violation of the injunction ; also that \
the injunction was void, because the bill '■
asking for it stated no case of which the ;
court could take cognizance, and was in j
effect a bill by the Government of the j
United States to maintain the pnblic peace
and enjoin the violations of the Penal !
Code.
The arguments before the Supreme Court
by C. S. Darrow and Judge Trumbull for
the American Railway Union and Attor
ney-General Olney and Assistant Attor
ney-General Whitney attracted great at
tention.
The opinion of the court was in sub
stance as follows:
The case presented is this: The United States, j
finding that the interstate transportation of
persons and property as well as the carriage of
the mails, is forcibly obstructed and that a
combination and conspiracy exists to subject
the control of such transportation to the will
of the conspirators, applied to one of the courts
sitting as a court of equity for an injunction to
restrain such obstruction and prevent the car
rying into effect of such conspiracy. Two ques
tions of importance are presented:
Pint — Are the relations of the General Gov
ernment to interstate commerce and the trans
portation of the mails such as authorize
direct interference to prevent a forcible ob
struction thereof?
Second— lf authority exists, as authority in
governmental affairs implies both power and
duty, has a court of equity jurisdiction to
issue an injunction in aid of the performance
of such duty?
First— What are the relations of the General
Government to interstate commerce and the
transportation of the mails? They are those of
direct supervision, control and management.
While under the dual system which prevails
with us, the powers of government are dis
tributed between the State and the Nation.and
while the latter is properly styled a govern
ment of enumerated powers, yet within the
limits of such enumeration, it has all the at
tributes of sovereignty, and in the exercise of
those enumerated powers acts directly or. the
citizen, and not through the intermediate
agency of the State.
Second— Under the power vested in Congress
to establish postoffices and postroads, Congress
has by a mass of legislation established the
great postoffioe system of the country with ail
its detail of organization, its machinery for
the transaction of business, defining what shall
be carried and what not. and the price of car
riage, and also prescribing penalties for all
offenses against it. Obviously these powers
given to the National Government over inter
state commerce, and in respect to the transpor
tation of the mails, are uot dormant and un
used. Congress had taken hold of these two
matters, and by various and specific acts had
assumed and exercised the powers given it,
and was in full discharge of its duty to regu
late interstate commerce and carry the mails.
If the inhabitants of a single State or a great
body of them should combine to obstruct inter
state commerce or the transportation of the
mails, prosecutions ot such offenses had in such
a community would be doomed in advance to
failure. And if the certainty of such failure
was known, and the National Government
had no otner way to enforce the freedom of in
terstate commerce and the transportation of
mails than by prosecution and punishment for
interference therewith, the whole interests of
the Nation in these respects would be at the
| absolute mercy of a portion of the inhabitants
of a single State.
But there is no such impotency in the
National Government. The entire strength of
j the Nation may be used to enforce in any part
of the land the full and free exercise of all
national powers and the security of all rights
entrusted by the constitution to its care. The
strong administration of the National Govern-
ment may be put forth to brush away all ob
structions to the freedom of interstate com
merce or the transportation of mails. If an
emergency arises the army of the Nation and
all its militia are at the service of the Nation to
compel obedience to the laws.
In the case before us the right to use force
does not exclude the right of appeal to the
courts for a judicial determination and for the
exercise of all their powers of prevention.
Indeed, It Is more to the praise than to the
blame of the Government that instead of deter
mining for itself questions of right and wrong
on the part of these petitioners and their asso
ciates and enforcing that determination by the
club of the policeman and the bayonet of the
soldier, It submitted all those questions to the
determination of judicial tribunals and in
voked their consideration and judgment as to
the measure of its rights and powers and the
correlative obligations of those against whom it
made complaint. And it Is equally to the
credit of the latter that the judgment of those
tribunals was by the great body of them re
spected and the troubles which threatened so
much disaster terminated. Neither can it be
doubted that the Government has such an in
terest in the subject-matter as enables it to
appear as party plaintiff in the suit.
It is said that equity only interferes for the
protection of property and that the Govern
ment has no property Interests. A sufficient
reply is that the United States has a property
in the mails, the protection of which was one
of the purposes of this trial.
Up to a recent date commerce, both inter
state and international, was mainly by water,
and it is not strange that both the legislation
of Congress and the cases in the courts have
been concerned principally therewith. The
fact that in recent years the interstate com
merce has come mainly to be carried on by
railroads and over artificial highways has in
no manner narrowed the scope of the consti-
I tutional provision nor abriged the power of
j Congress over such commerce. On the con
| trary, the sarae fullness of control exists as in
I the other, and the same power to remove ob
! stmctions from the one as from the other.
Constitutional provisions do not change, but
j their operation extends to the new matter, as
j the modes of business and the habits of the life
i of the people vary with each succeeding gen
eration.
That the bill filed in this case disclosed
j special facts calling for the exercise of the
j powers of the court is not open to question.
j The picture drawn in it of the vast interests in
j volved, not merely of the city of Chicago and
of the State of Illinois, but of all the States,
and the general confusion into which the in
terstate commerce of the country was
thrown through forcible interference with
that commerce; the attempted exercise
by individuals of powers belonging
only to the Government, and the threatened
continuance of such invasions of public rights,
presents a condition of things which called
for the fullest exercise of all the powers of the
court. If ever there was a special exigency
presented, one which demanded that the court
should do all that courts can do, it is apparent
on the face of this bill, and we need not turn
to the public history of the day, which only
reaffirms with emphasis all its allegations.
The difference between a public nuisance
and a private nuisance is that one affects the
people at large and the other simply the
individual. The quality of the wrong is the
same and the jurisdiction of the courts over
them rests upon the same principles and goes
to the same extent. The argument In opposi
tion does not question the jurisdiction of the
| court but only the expediency of the action of
i the Government in applying for the process.
It surely cannot be seriously contended that
; the court has jurisdiction to enjoin the ob
! struction of a highway by one person, but that
' its jurisdiction ceases when the obstruction is
by a hundred persons. It may be true, as sug-
I gested, that in the excitement of passion, a
mob will pay little heed to processes issued
from the courts, and it may be said
by counsel in argument that it would have
savored somewhat of the ridiculous to have
read a writ of injunction to Lee's army during
the late Civil War. It is doubtless true that
"Inter Anna Leges Silent, "and in the throes of
the rebellion or revolution the processes of the
civil courts are of little avail, for the power of
the courts rests on the general support of the
people and their recognition of the fact that
peaceful remedies are the true resort for the
correction of wrongs.
But does the counsel's argument imply too
much? Is it to be assumed that these de
fendants were conducting a rebellion or in
augurating a revolution or that they and their
associates were thus placing themselves be
yond the reach of the civil process of the
courts? Whatever any single individual may
have thought or planned the great body of
those who were engaged in these transactions
contemplated neither rebellion nor revolution,
and when in the due order of legal
proceedings the question of right and
wrong was submitted to the courts and
by them decided, they unhesitatingly
yielded to their decisions. The outcome,
by the very testimony of the defendants,
attests the wisdom of the course pursued by
the Government, and that it was not well to
oppose force simply by force, but to invoke the
jurisdiction and judgment of those tribunals
to whom, by the constitution and in accord
ance with the settled conviction of all citi
zens, is committed the determination of ques
tions of right and wrong between individuals,
masses and States.
A most earnest and eloquent appeal was
made to us in eulogy of the heroic spirit of
those who threw up their employment and
gave up their means of earning a living, not
in defense of their own rights, but in sympa
thy for and to assist others whom they be
lieved to have been wronged. We yield to none
In our admiration of any act of heroism or self
sacrifice, but we may be permitted to add
that it is a lesson which cannot be learned too j
eooii nor too thoroughly that under thin Gov
ernment and by the people the means of redre ss
of all wrongs are through the courts ami the
ballot box, and that no wrong, real or f»iicied
carries with it the legal warrant to invite
as a means of redress the co-operation of a mob
with its accompanying acts of violence.
We have given to this case most careful and
anxious attention, for we realize that it
touches closely questions of supreme impor
tance to the people of this country. Summing
up our conclusions, we hold that the Govern
ment of the United States is one having juris
diction over every foot of soil within its terri
tory and acting directly upon each citizen; that
while it is a Government of enumerated powers
it has within the limits of those powers all the
attributes of soverignity; that to it is com
mitted power over interstate commerce and
the transmission of the mail; that the powers
thus conferred on the National Government
are not dormant, but have been assumed and
put into practical exercise by legislation of
Congress; that in the exercise of those powers
it is competent for the Nation to remove all
obstructions upon highways, natural or arti
ficial, to the passage of interstate com
merce or the carrying of the mail;
that while it may be competent for
the Government (through the executive branch
and iv the use of the entire executive power of
the nation) to forcibly remove all such obstruc
THE SAN FRANCISCO CALL, TUESDAY, MAY 28, 18 J5.
tions, it is equally within its competency to ap
penl to the civil courts for an inquiry and de
termination as to the existence and chaiacter
of any alleged obstructions, and if such are
found to exist or threaten to occur, to invoke
the powers of those courts to remove or to re
strain such obstacles: that the jurisdiction of
courts to interfere in such matters by in
junction is one recognized from ancient
times and by undoubtable authority; that
such Jurisdiction is not ousted by the fact that
the obstructions are accompanied by or consist
of acts in themselves violations ot criminal
laws ; that the proceeding by injunction is of a
civil character and may be enforced by pro
ceedings in contemplation; shat the penalty
for such a violation of such injunction is no
substitute for and no defense to a prosecution
for any criminal offense committed in the
course of such violation; that the com
plaint filed in this case showed clearly
an existing obstruction of artificial
highways for the passage of interstate
commerce and the transmission of mails— an
obstruction not only temporarily existing, but
threatening to continue; that under such
complaint the Circuit Court had power to
issue its process of injunction; that it, having
been issued and served on defendants, the Cir
cuit Court had authority to inquire whether
its orders had been obeyed, and when
it found that they had not been, then to
proceed undei Section 725, Revised Statues,
which grants power "to punish, by fine or im
prisonment, • • • disobedience • • * by
any other party or person, to any lawful writ,
process, orders, rule, decree or command," and
to enter the order of punishment complained
of; and, finally that the Circuit Court, having
full jurisdiction in the premises, its findings of
the fact of disobedience Is not open to review
on habeas corpus in this or any other court.
We enter into no examination of the act of
July 2, 1890 (206, Statute 209) upon which the
Circuit Court relied mainly to sustain its
jurisdiction. It must not be understood from
this that we dissent from the conclusions of
that court in reference to the scope of the act,
but simply that we prefer to base our judg
ment on the broader ground which has been
discussed in this opinion, believing it of im
portance that the principles underlying it
should be folly stated and affirmed.
The petition for a writ of habeas corpus is
denied.
TO DROP CRIMISAL CHARGES.
It la Thought JVb further Action Will Be
Brought Aguinst JJeba.
WASHINGTON, D. C, May 27.— 1t is
not improbable, in view of to-day's deci
sion of the Supreme Court, that
Eugene V. Debs and the other officers
of the American Railway Union now under
indictment for violation of the anti-trust
and the mail obstruction acts will not be
called upon to stand trial. Under to-day's
decision Debs will serve his sentence of six
months in jail, and it is thought the Gov
ernment will consider this a severe punish
ment without prosecuting the criminal
cases against him or his associates.
IiEBS IS JUTTJER.
Deeiarra the Deeiaioti to Be in the Interest
of Corporationa.
TERRE HAUTE, Ijtd., May 27.—Presi
dent E. V. Debs of the American Railway
Union, whose case was acted upon to-day
by the Supreme Court, was seen at his
home to-night and said:
'•I expected a favorable decision, but I
am not disappointed. After the decision
by that tribunal upon the income-tax bill,
I am not at all surprised to see the deci
sion of the lower court affirmed in our
case. Both decisions are absolutely in the
interest of the corporations, syndicates and
trusts which dominate every department
of the Government, including the Supreme
Court."
DANGEE TO LIBERTY.
Attorney Monteith Expresses Some
Forcible Views on the Deb* Habeas
Corpus Deciftion.
No person in San Francisco has probably
watched the Debs contempt case more
closely than George W. Monteith, who so
ably defended the railroad strikers, John
Casskty and John Mayne. in their recent
trial before Judge Morrow and a jury on
the charge of having obstructed the United
States mails and interrupted interstate
commerce during the strike of last July.
Here is what he has to say on the decision
of the United States Supreme Court refus
ing President Eugene Debs of the Ameri
can Railway Union a writ of habeas corpus:
"From the meager reports in the even
ing papers it is not easy to express an in
telligent opinion. It seems to me that the
court has rendered its decision on purely
technical grounds, i. c., that the lower
court had jurisdiction of the person of the
defendant and the subject matter of the
controversy, and that there being no ap
peal provided there was no remedy in the
appellate court.
"In that view of the case it would not
be so far-reaching as otherwise, for, if I
remember rightly, the question of the con
stitutional power of a court to imprison as
punishment for contempt, without trial
by jury, was not raised. If, on the con
trary, the whole matter was decided it
confronts us with the most serious condi
tion in the history of the Republic.
"It must be borne in mind that neither
the Federal constitution nor laws place any
limitation whatever upon the amount of
punishment that may be inflicted by a
Federal Judge in a contempt case. The
six months allotted to Mr. Debs might be
six years or sixty years, and there being
no tribunal to review the decision of the
Circuit Court, it matters not how many
rights may have been denied in any par
ticular case, there is no review for the un
fortunate contemner.
"The act of July 2, 1890, that conferred
jurisdiction UDon the Federal courts to
punish contempts of this class is the most
outrageous statute that ever disgraced our
statute-books. It is a piece of legislative
infamy, and if Congress can exercise such
power it is high time to take it away. Its
effect upon the liberties of the working
people cannot be overstated, for it is only
the right to be tried by a jury of his peers
upon every question of his guilt that gives
the poor man a fair show for his liberty
when he meets his oppressor in the crimi
nal courts; take that away and the line
that will divide the workingman and the
slave is scarce a shadow.
"This decision must teach the working
people in particular and all who earn their
own livelihood in general that the battle
of human liberty must once more be fought
before the blessings of freedom shall be
made secure. Indeed, it is but another in
dication of .a coming storm that many ex
pect, but the magnitude of which few real
ise, for I believe that there is too much of
the old spirit left in the American people
to permit the loss of a single iota of the
heritage of American liberty secured us by
our fathers."
The local labor leaders are very unwill
ing to be quoted concerning the decision,
as most of them are holding jobs which
might thereby be endangered. "The only
thing for us to do," said one of them last
night, "is to say nothing and saw wood.
The Railway Union will go on just the
same whether Debs is in jail or out of jail,
but of course the decision does not set well
on our stomachs.
"The result of the appeal to the Supreme
Court is a complete surprise to us. The
decision may be good law— no doubt it is
since the Supreme Court makes it but I
do not think they are dealing justly with
the working people."
Prof. Haines, chemist to the Chicago
Board of Health, says he has found the
Royal Baking Powder the purest and
strongest, and superior to all others in
every respect.
BARRED TO CHINESE.
They Cannot Appeal to
the Courts for Ad
mission.
LEM MOON SING'S CASE.
The Supreme Bench Rules
That He Cannot Re-enter
This Country.
DECISION AT PORT FINAL.
An Allen's Only Recourse Is an
Appeal to the Secretary of
the Treasury.
WASHINGTON, D. C, May 27. -The Su
preme Court of the United States made a
most important ruling upon the mat
ter of the Chinese exclusion laws to-day
by affirming the refusal of the United Dis
trict Court for the Northern District of Cali
fornia to grant an application for a writ of
habeas corpus made by Lein Moon Sing,
who was barred from entry by the Col
lector of the Port of San Francisco.
Lem Moon Sing was engaged in business,
a member of the wholesale drug firm of
Kee San Tong & Co. of San Francisco, and
in January, IJ*94, went to China, intending
to return to his business. During his ab
sence the appropriation act of August 18,
1894, was passed, containing an item of
$30,000 for oilicers to enforce the Chinese
exclusion act and expenses of deporting
Chinamen. He returned in November of
the same year, and tbe Collector at San
Francisco refused to admit him, although
he furnished the testimony of two credible
witnesses, showing that he had been en
gaged in business as a merchant for two
years before leaving the country.
Application was made in the District
Court for the Northern District of Cali
fornia for a writ of habeas corpus based on
these facts and the further point that he
was not held by any judicial process. The
writ was denied and an appeal taken to the
Supreme Court.
Justice Harlan, in the opinion delivered
by him for the court, rested the case upon
the statute, providing that the decisions of
emigration or customs officers refusing ad
mission to aliens shall be final unless re
versed on appeal to the Secretary of the
Treasury. Justice Harlan quoted several
former opinions of the court to the effect
that "every sovereign has the power, in
herent in sovereignty and essential to self
preservation, to forbid the entrance of
foreigners."
The contention was made by the China
man's attorney that while immigration
officers had jurisdiction to exclude an alien
who was not entitled to entry under some
.statute or treaty, the exclusion of an alien
entitled (or claiming to be entitled) to
enter by law, if it resulted in restraining
the alien of his liberty, presenced a judicial
instruction, but Justice Harlan said this
view, if sustained, would bring into court
every case of the sort and defeat the mani
fest purpose of Congress in committing to
subordinate immigration officers and to
the Secretary of the Treasury exclusive au
thority to determine whether aliens seek
ing admission belong to the class entitled
by law or treaty to enter.
In affirming the general right to exclude
aliens Justice Harlan said:
Is a statute passed in execution of that
power any less applicable to an alien who has
acquired a commercial domicile in this coun
try, but who, having voluntarily left the coun
try, claims the right under some law or treaty
to re-enter it? We think not. The words of
the statute are broad and include every case of
an alien, at least every Chinese alien", who at
the time of its passage is out of this country
and seeks to come bark. He is none the less
an alien because of his having a commercial
domicile in this country.
While he lawfully remains here he Is entitled
to the benefit of the guarantee of life, liberty
and property, secured by the constitution to
all person« of whatever race within the juris
diction of the United States. His personal
rights, when he is in this country, and his
property here during his absence are a? fully
protected by the supreme law of the land as
if he was a native or naturalized citizen of the
United States. But when he is voluntarily
absent from the country, beyond its jurisdic
tion, he being an alien, cannot re-enter the
United States in violation of the will of the
Government, as expressed in enactments of
the law-making power. He left the country
subject to the exercise by Congress of every
power it possessed under the constitution.
The remedy of the appellant was by an ap
peal to the Secretary of the Treasury. If the
act of 1894 takes away from the alien appel
lant any right given by previous laws or
treaties to re-enter the country the authority
of Congress to do that cannot be questioned,
although it is the duty of the courts not to
construe an act of Congress as modifying or
annulling a treaty made with another nation,
unless its words clearly and plainly point to
such a construction.
In conclusion, Justice Harlan said the
court did not express any opinion upon
the question whether Lem Moon Sing was
entitled to re-enter the Fnited States.
' Parkhouitc's Application Denied.
WASHINGTON, D. C, May 27.— The
Supreme Court to-day denied the applica
tion for leave to file an application for a
writ of habeas corpus forW. It. Parkhouse,
in prison on a charge of disseminating lot
tery advertisements in violation of the
law passed by the last Congress.
The Supreme Court to-day ordered anew
trial in the case of Dan Board, convicted of
murder in Arkansas.
OF IMEIiEST TO THE COABT.
Pension* Granted Coast Veterans— Cali
iV: Q'i '' fornia >'■> at ', Washington.
WASHINGTON . D. C, May 27.-Pen
sions have been granted as follows :
California: Original— Prank Conway,
Milpitas; Jackson Craig, Veterans' Home,
Napa; , George A. Allen, National Soldiers'
Home, Los Angeles ; : ; David Myers, Los
Angel- Reissue— Rogers H. Blasdell,
San Jose; Frederick R. Pierce, Oakland;
John 1> Barnet, Los Angeles; Nathaniel
B. Nile.Bloomfield.:
Oregon : Original— Lydia, Pen
dleton. Additional— Simeon H. Calhoun,
Grants Pass. .
Washington: Original— J. Hart,
1 Port Crescent. ;
. The postoffice at Brewster, , Shasta
County, has been discontinued. ': The mail
will now go to Casletta. The office at La
Vina, Madera County, has also been dis
continued ; i mail to Madera.
The leave of absence granted Major
William M. Maynadier, paymaster, de
partment of California, is extended two
months. _ ,
William Wright of San Francisco and
J. G. Bell of Los Angeles are in Wash
ington.
Condition of the Treasury.
WASHINGTON, D. C, May 27.— T0-
day's statement of the ondition of the
treasury shows: Available cash balance,
$155,257,348: gold reserve, $98,290,891.
TRAVELED ZS THE STEERAGE.
Sad Might of a Young Man Claiming to
lie an Earl's Son.
NEW YORK, N. V., May 27.— A young
man arriving at Ellis Island Saturday from
the steerage of the steamer Pari3 and de
tained because he had no money informed
the Special Board of Inquiry yesterday
that he was an earl's son.
He said he was 21 years old and the old
est son of Bernard Staples Percival, Earl
of Carmarthen. His father, he said, was
made earl in 1891 under Gladstone's prem
iership. He had been knighted in 1889.
He had been a member of Parliament from
Cardiff for seven years and has been a
candidate for Cardiff and Bristol fifteen
successive times. The young man told the
board further that his father, after being
a widower eighteen years, married one of
the pretty servants of the household. She
was only 22 years of age. The young man
said he had some disagreements with nis
young stepmother and three weeks ago
left home and went to London. His story
is not generally believed.
ASSAULTED THE WORKMEN.
A Denver Brick Manufacturer Resists a
Demand for Higher Wages.
DENVER, Colo., May 27.— delegation
from the Brickmakers' Union, about 150
men in all, visited the yards of Kavenaugh
& Clark in the highlands near Denver to
day to demand that wages in those yards
be increased from $2 to $2 25 per day.
Browne Clark, one of the proprietors, or
dered the delegates to leave and upon their
refusal rushed at the leader with a pick
handle, as he claims, in self-defense. Mar
tin H. Young sustained a bad scalp wound
and Richard Padgett had his left hand
broken. Clark then drew a revolver and
the visitors all fled. Clark has been placed
\ under $1500 bonds for assault to kill.
INROADS ON THE SALMON.
Total Extinction of the Alaska
Supply Is Now Being
Threatened.
The Government May Take Meas
ures to Stop the Wholesale
Slaughter.
WASHINGTON, D. C, May 27.— The
rapid inroads which fishing and packing
companies have made on the supply of
salmon in the Alaskan rivers has given
great concern to the Government for
several years past, since it became evident
that the fish were destined to the same
fate of extermination which has overtaken
the buffalo and is being visited on the fur
bearing seals of the northern waters.
All the attempts to secure effective re
straining legislation from Congress have
proven practically without result, but a
new phase of the canning syndicates'
operations is now engaging the attention
of the Land Office which may result in
measures that will have the effect of re
stricting the enterprise of some of the
companies engaged in the business.
It has recently been brought to the
attention of Commissioner Lamoreanx of
the Land Office tliat the salmon companies
are acquiring much land at the mouths of
the rivers where they are engaged and
pre-empting strategical point* of future
commerce. Consequently the Commis
sioner has detailed J. P. Swinelord, ex-
Governor of Alaska, who is now an in
spector of the Interior Department, to
make an investigation of the matter and
keep the department posted, that it may.
know that all the requirements of the law
are complied with. The cannery com
panies have asked that surveys be made
by the Government on lands which they
have settled with a view to their acquisi
tion. Mr. Swineford will sail from Seattle
for Alaska on the 25th.
The present Governor of Alaska, in hia
la^t report to the Secretary of the Interior,
called attention to the inroads being made
on the salmon, and the Fame subject was
treated in a report to the Fifty-third Con
gress by Fiph Commissioner McDonald.
Dr. Hugh Smith, one of the experts of
the Fish Commission, believes that the ex
tinction of the Alaska fish is inevitable if
the present methods continue unchecked.
Every fish that swims, he says, can be
caught at the mouths of the rivers, and, as
a matter of fact, few salmon now reach the
old snawning-grounds in the rivers of
Alaska.
More than half of the salmon pack of the
United States and nearly half of the world's
supply now comes from Alaska. It will be
shown in v paper to be prepared for publi
cation by Dr. William M. Wilcox of the
Fish Commission that the capital invested
in these fisheries amounts to more than
${,000,000, and the value of the season's
catrh, not including the manufactured
products therefrom, comes to about
$2,000,000. Last year there were twenty
two canneries in operation, which packed
646,000 cases (a case holding forty-eight
one-pound pockage:-), and twenty-four
salting establishments put on the market
21,000 barrels of salt salmon. The largest
pack which has been in the Alaskan
waters was that of 1891, when 56,000,000
pounds of salmon were shipped to the
markets of the Pacific Coast for distribu
tion.
There is certainly no baking powder so
well known and generally used as the
Royal. Its perfect purity, as well as its
superiority in leavening power, are mat
ters of fact no longer disputed by honest
dealers or makers of other brands. Its
virtues are so well known to every house
keeper that the slanders of the dishonest
makers of the cheaper goods fail to touch it.
TILL A Hit MUS T A I*B WEB.
An Accounting of Northern Pacific Funds
Will Be Iteinanded.
MILWAUKEE, Wis., May 27.— Henry
Vill&rd will probably soon be called into
court to make an accounting of over $500,
--000 of Northern Pacific money, which the
receivers, Messrs. Payne, Rouse and Oakes
believe he has unlawfully withheld.
The facts are set forth in a long report
filed by the receivers to-night, and in
which they claim that in the transactions
growing out of the purchase and transfer
to the Northern Pacific of the Northern
Pacific and Manitoba road Villard with
held $545,000, which the receivers will seek
to recover.
BYKXES DOFFS HIS SHIELD
The Sew York Police Superintendent
Applies for Retirement.
NEW YORK, N. V.. May 27.—Police
Superintendent Byrnes has made applica
tion to the Board of Police Commissioners
for retirement. The board granted the re
quest.
Inspector Peter Conlan has been made
acting Chief of Police. Captains M. W.
Cartright, Brooks and McCallagh were ait
pointed acting inspectors. '
l>r. Buchanan to Die.
ALBANY, N. V., May 27.— The Court of
Appeals has sentenced Dr. Robert Bu
bhanan to die the week beginning July 1.
ROAST FOR IRELAND.
The Archbishop's Stand
Against Bimetallism
Rebuked.
REGRETTED BY FRIENDS.
A Catholic Editor Says the
Prelate Has Made His
First Error.
SIDES WITH THE CLASSES.
Mildly Denounced as the Advocate
of a System Which Wrought
Ruin In Ireland.
DENVER, Colo., May 27.— Rev. T. H.
Malone of this city, editor of the Colorado
Catholic, in an interview to-day concern
ing the statements of Archbishop Ireland
made in Chicago last Saturday in regard to
the money question, said in part:
It has been a pleasure In the past to agree
with Archbishop Ireland on many questions of
ecclesiastical and educational policy, Dut I feel
it a duty to affirm a disagreement with him on
the views which he has enunciated on the
money question. Admirers of the Bishop can
not but regret that he has seen fit to iden
tify himself on this question with the classes
as against the masses; as with the rich against
the poor; with the Rothschilds of the world as
against the toiling millions, and that he has
seen fit to advocate a system of finance which
Archbishop Walsh says has wrought ruin and
havoc to Ireland— a system which Archbishop
Walsh, himself a bimetallism and hundreds of
thousands in this country feel may bring the
same ruin to the United States if continued in
force here.
Archbishop Ireland's interview In the Chi
cago Times-Herald shows conclusively that hia
Grace does not fully appreciate the position of
the bimetallists of the country. One not fa
miliar with the bimetallic problem would infer
from the Archbishop's article that what he
pleases to term the silver "craze" is confined to
America solely, while the fact is that the lead
ing thinkers of the world are giving it their
most careful thought. It is hardly likely that
such an eminent thinker as Archbishop Walsh
of Dublin should be carrier! away by what
ArchbishoD Ireland calls a "craze."
Archbishop Irelaud has given out no argu
ments, but merely made statements against
bimetallism, while Archbishop Walsh has
founded his opinions in favor of a bimetallic
Btapdard on principle and argument. There
fore it seems to me that the Archbishop of
Dublin, who has seen the ruinous effect of
gold monometallism, is a safer guide than the
Archbishop of St. Paul.
The first ooint stated by his Grace is that
bimetallism is impracticable in the United
States, because we are a borrowing nation.
But did he ever ask himself why we are a bor
rowing nation? He evidently never did, or he
surely would see that the fact that we are on a
gold basis compels us to borrow our money
from Lombard street and the Rothschilds.
Who owns the gold of the world? Not the
United States, but a few gold gamblers of
Europe. These gold gamblers practically con
trol the money of the United States, and they
have it in their power to destroy, at any time
they wish, the value of all the commodities we
Have to sell.
Bimetallists object to the gold standard be
cause it is a constantly appreciating standard.
It does not justly measure debts. It has a ten
dency to keep the commercial world in a state
of instability. Bimetallism would do away
with these evils. Not only that, but It would
free our financial system from the clutches of
the heartless gold gamblers who are now striv
ing to secure control of the money systems of
the nations of the civilized world. Bimetallism
would make it possible for us to have enough
money in circulation to do the business of the
country; consequently we would not need to
depend upon the money of the European
The United States can use all the silver in
the world and then not have enongh. As the
United States can create an unlimited demand
for silver at the ratio of 16 to 1 of gold, there
can be, under the bimetallic standard, no such
thing as a 50-cent dollar. This being true, all
the evils his Grace fears would follow from
bimetallism exist only in his own mind.
The people of the United States are at last,
thank God, awakening to the dangers which
surround them. They are beginning to realize
that the countryls big enough and grand enough
to have its ow n system of finance. Bimetallism
NEW TO-PAT.
f ' ""I Is one of the new
; shades, for Derbys, in
J — — — I an entirely new block
j I >. \ — quite a swell affair.
I / I llf it had the name of
> j some prominent New
*\^~~ y?\ York firm in it the
/ l^- "■z== ==^^^'., i price would be $5.00.
I P^t*l % lAs '* is > we ' re con-
I V"I }v \ tented to sell em and
j \ <£mk? / ! are selling cases of
I V Vyr / j 'em, at
A\ T^^Kv i *&¥ Kft
I ' v l ' 1 1 1 11/ • I Havana Brown,
; Xj|]|l|]ll « Cedar and
U — ■--—- -_ . .1 Blacks.
(INCORPORATED),
HATTERS FOR THE MASSES,
o, 11,13 and 15 Kearny Street.
GREATER FRISCO'S GREATEST STORE.
2 BUILDINGS- 8 FLOORS. 130 EMPLOYES TO SERVE YOU.
brings hope into the breast of the common pee
ple whether in the east or in the west. It ia
not confined to any section or any country.
When it comes, and come it must, it will bring
happiness and contentment to replace the pov
erty and discontent brought upon our country
by the adoption of gold monometallism.
On que-tions of finance I am confident that
the Catholics of the country will follow the
sound views of Archbisho Walsh in preference
to the views of Rothschild and the money
sharks of the world, as counseled by Arch
bishop Ireland.
COLLIDE AT SKA.
The Steamer Sagamore Crashed Into by
an I »l. iioim Vessel.
BOSTON, Mass., May 27.— The Warren
steamer Sagamore, Captain Fenton, ar
rived here from Liverpool with her port
bow stove in and otherwise damaged by
collision with an unknown two-masted
British steamer. Captain Fenton says that
at 10:18 p. m. on last Wednesday, when his
vessel was 900 miles east from Boston light,
during a dense fog, she came in collision
with a strange steamer. All efforts to learn
the name of the steamer proved un
availing.
LAKE STEAMER ASnORE.
The Steel Alma Meets With an Accident
on Superior.
CHICAGO, 111., May 27.— Advices hay«
been received here that the big steel
steamer Alva. bound from South Chicago
to Lake Superior, is ashore on the north
west point of North Manitou Island. Its
compartments are full of water. The
vessel is owned by If. A. Bradley of
Cleveland, and is valued at $150,000 and
insured for $120,000.
DEATH. OF" <*ESERA.Xi SWAIX-.
He Wat Associated With Grrelcy on the
JS'exo York Tribune.
SING SING, N. V., May 27.— General
James B. Swain died at his home in this
village to-d3.v aged 75 years. He was asso
ciated with Horace Greeley in the publica
tion of the Log Cabin, and subsequently
was employed under Greeley on the staff
of the Tribune.
FELL FROM A BALLOON
An Appalling Tragedy Wit
nessed by Thousands Near
St. Louis.
Tony Heafle Plunges to the Earth
From a Height of Six Hun
dred Feet.
ST. LOUIS, Mo., May 27.— A singularly
appalling tragedy, that sent thrills of
horror through hearts of thousands, oc
curred yesterday at a pleasure-resort op
posite the southern part of the city. In
full view of the multitude gathered to
spend Sunday away from the heat and
dust and din of the city, a young man,
Tony Heafle by name, dropped from an
ascending balloon several hundred feet to
the earth. His body was crushed to a
mere shapeless mass, and bore small re
semblance to a human form.
Heafle and a number of other young
men and boys were engaged to hold the
balloon while it was being tilled with. gas.
When the signal was given they all re
leased their hold but Heafle. He clung to
the bar, or was caught in the rigging, and
was carried up a distance of 600 feet when
he dropped.
Professor G. Barson, the aeronaut, said
that when about 500 £>r 600 feet from the
ground he saw Heafle still holding on to
the balloon. The aeronaut was frightened
and called up to Heafle to hold on, but he
let go and was killed.
Heafle was 25 years old, a teamster by
occupation, residing in this city. People
who knew Heafle say he was not in his
right mind.
Carlisle Will JS'ot Speak.
LOUISVILLE, Ky, May 27.— 0n ao
count of Secretary Gresharu's death Mr.
Carlisle has canceled his appointment to
speak in this city next Wednesday. Tha
Secretary will leave for Washington at 8
o'clock to-morrow, but will return here
next week.
Snoie in TTitconatn.
MILWAUKEE, Wis., May 27.-About
two inches of snow fell throughout North
ern Wisconsin last night. The snow was
E receded by rain, which put out the forest
res.
3