The San Francisco Call. Newspaper, June 4, 1897, Page 5

4 CISCO CALL, FRIDAY, JUNE 4, 1897. JAPAN TALKING OF RETALIATION The Proposed American Tariff Is Viewed With Alarm. Count Okuma Sends a Long Dispatch to This Gov- ernment. | Says Serlous Injury to Trade Ba- tween the Two Countrles WIll Result. SEATTLE, Wasn., June 3.—Oriental advises per the Nippon Yusen Kaisha's 1 Maru been received as have Inder date of May 13 a dispatch from Chronicle sets forth Minister for Foreign long dispaten the day to the United States Govern- that the new tariff pro- ed, result in serious ven that Japan- ufacturers bad ad- ng him that Javan should stand to enounce the most lavored reaty nd impose retaliatory n American goods.” indred boatmen and a cargo of ploved by the Nippon Yusen Tokio went on & strike because of a difference in the regulations with re- to responsibility for woods damaged . In consequence, so far as concerns particular line, traffic between the of Tokio and Yokohama has been completelr suspended. he Minister for Foreign Affairs | THE SA FRAN THE ATTORNEY -GENERAL’S LETTER. June 3. Hon. Charles Aull, Warden Folsom State Prison, Represa, Sacramento County, Cal., DEAR SIR: | am in receipt of your letter requesting an opinion as to whether or not, in view of the proceedings now being taken in the Federal courts on behalf of S. D. Worden, you should proceed with the execution of Worden in accordance with the judgment of the courts of this State on the day fixed for such execution. Your letter would have received an earlier reply, but 1 have beenaw development of the Federal court proceedings in order that I might arrive at a proper conclusion. The attorneys for Worden appiied to the United Statss District Court for a writ of habeas corpus, and their application was promptly denied. Thereupon they at once gave notice of appeal from the order denying their application for the writ both | appeal to the Supreme Court of the United States was not allowed, but the appeal | to the Unitsd States Circuit Court of Appeals was. Thereafter an application on behalf of Worden for a writ of habeas corpus was made to the United States Circuit Court of this circuit, and this was also promptly denied. Notice of appeal from the order denying this application given, and an appeal was allowed by the Circuit Court both to the United States Circuit Court of Appeals and to the Supreme Court of the United States. Habeas corpus proceedings and appeals therefrom in the Federal courts are gov- erned by the provisions of sections 751 to 766 of the Revised Statutes of the United States and by the provisions of an act of Congress entitled *‘An act to establish Circuit Courts of Appeals and to define and regulate in certain cases the jurisdiction of the courts of the United States and for other purposss,” which was approved March 3, 1891, Sections 763, 764 and 765 of the Revised Statutes of the United States prescribe the instances in which appeals may be taken in habeas corpus cases, which are “from the final decision of any court, Justice or Judge inferior to the Circuit Court upon an application for a writ of habeas corpus or upon such writ when issued” (Sec. 763) and from the final decision of the Circuit Court upon such application or upon such writ when issued (Sec. 764). The courts to which tt | 3, 1801, above referred to. v be taken are specified in the act of March act all appeals, either from the United States District Courts or the United States Circuit Courts, must be taken either to the | United States Circuit Court of Appeals or to the United States Supreme Court, | the act having divested the United States Circuit Courts of all appellate jurisdic- | tion; and the court to which the appeal must be taken under the act of March 3, 1891, does not depend upon the court in which the application for the writ was made or out of which the writ issued, but depends upon the nature of the question raised by the writ. United States Circuit Court Appeals and to the Supreme Court of the United States, the question as to whether or not the appeal was taken to the proper tri- bunal is not involved. an act of Congress approved March 3, 1893, is as follow 1 testimonial presented to Rey. Gil- bert Reid, a distinguished missionary, upon the eve of his return to the United e tended to give to sses control of the destinies of the na- ) a monopoly of power be or bad need no lered; and the pract n it into benefice J stionably, 1f yc aders of our p arning enjoyed in the West, they, in will lead ‘our peovle out of their I think I may claim to have ds 1n the United States, where herever I went on upon can give to ople the light thers made a deep my heart and has greatly eople to me.”’ Hongkong press reports that Mrs, . the English murderess, arrived in kong on the steamer Ancona May 3, he was taken ashore ana d to Victoria Jail. During days of the voyage,” the ere was no trace of a worn look in her face.” o o Tokio papers affairs appear tion in ¢a, from a Japanese standpoint. pan’s attempt at colonization a be resulting in an_ignominious s charged that the Japanese offic: t there are so notoriously corrupt that e Formosan papers are demanding their ENTERPEISING Secure a Faluable Guamo Concession From the Mexican Government. N DIEGO, Car, June 3—George W. ker, Harry Robbins and others of y have secured the largest guano concession ever obtained from the Mexi- can Government and exvect to put ona ors to handle the product weeks. The concession is known as the Galapagos thern half of the Gulf d distant over 1500 miles Beer this fleet of s by wate: r from this port. The deposit is one half a mile long, about 100 feet wide and 25 feet deep, and is estimated to con- y balf a million tons, valued at aid down ip this city umption of guano for fertilizer orange and Iemon orchards of 1 California is increasing at a endous rate and a vast amount of ady being made to meet it has been generally | d that the guano beds were nearly isted, but this new find will be| 1poly all demands for the | HOLLYWOOD COLLECTOR, An Old Soldier Given Warren English’s Vacated Place. The O fic: of Oak'and’s Sub-Port of Entry o Be Located Near the Water Front. Close upon the compiaint of the mer- chanis of Oakland concerning the dust that is growing thick upon the seal of the Custom-house of the sup-bort of entry comes the announcement of the appoint- ment of Andrew Hollywood to the long- vacant office of Collector over there. Theannouncement was made yesterday. Anirew Hollywood is an old solaier and 2 capable man. He was recommended for the office by Collector Jackson, and notice of the appointment was received rday. Collector Jackson stated that the office in Oakland would be removed trom its Present location and established near the water front at some point convenient to shippers. The lease of the present office has ex- red, which fact he offered as an explana- n of the other fact that the flag was not flown at halfmast above the office on Me- morial day. The oflice of Collector of the sub-port of entry ut Oakland was created by Mr. Cleveland for the purpose, so far as ap- years, of giving Warren English a salary of $2500 a year. She salary is now but $1(00. The appointment of Mr. Holly- Wood gives general satisfaction. ————————— Successful Marksmen, The Red Men Shooting Section distrib- uted the prizes which were won last Sun- day at Shell Mound Park last evening at 510 Bash street, and the successful com- titors wert :s_Glindemann, W. Glindem: ¥ Mclillan, Ph. Jacoby, G. A. H. Burfeind, H. Hellberg, ms, L. Ritzau, W. Kreuizkamm, C. 2, A. Jungbiut. for best centers—A. Soehlmann, G. A. Ph. Jacob-, McMillan, Gus Glinde- Oideg, F. Rust, H. Heliberg, H. Hu- arm:,'P. H. Ruffs, A. H.Pape, W. , W. Kreutzksmm, L. Ritzau. First bullseye in the forenoon was made by McMillau: last bul'seye in the forenoon was n, H. Hu- The cordial reception I met | es, “‘she spent most of the | orders of the District and C she appeared to be | “Pending thi or appeal in the cases mentioned in the three preceding sections and until | judgment therein, and after final judgment of discharge, any proceeding against the person so imprisoned or confined or restrained of his liberty, in anv State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void; provided, that no such appeal shall be had or allowed after six months from the date of the judgment or order complained of.” The ““three preceding sectio: referred to in section quoted are sections 763, 764 | and 765 prescribing the instances in which appeals in cases of this character may be taken. | In thecaseof in re Shibuya Jugiro, 140 U. S. 291, Mr. Justice Harland, who deliv- ered the opinion of the Supreme Court of the United States, in speaking of the above quoted section, said: | “‘Of the object of the statute there can be no doubt. It was, in cases where the t was held in custody under the authority of a State court or by the authority e, to stay the hands of such court or State, while the question as to whether n was in violation of the constitution, laws or treaties of the United 2 s being examined by the co of the Union having jurisdiction in the }premwss But the jurisdiction of th= State court in cases specified is restrained only | pending the proceedings in the courts of the United States and until final !udgment therein.” (Op p. 205.) While, therefore, I am firmly convinced that the applications for these writs of habeas corpus made on behalf of Worden are wholly without merit, and that the it Courts in denying the application will be promptly | affirmed when presented to the courts to which the appeals are taken, nevertheless, | am of the opinion in vizw of the provisions of section 766 of Revised Statut: { and in view of the construction given by the Supreme Court of the United States to that section, it would not be safe for you to proceed with the execution of Worden until the final determination of the appeals question. Respectfully, W. F. FITZGERALD, Attorney-General. | . White succeeds himself on the execu- M I HUAU | tive committee, Mabanay takes the place made vacant by Finnan, chosen for sec- [ond asmstant grand chief, and French | succeeds A. L. Tayior (term expired). Picrson goes up one noten, taking the place o Michael Martin Dolphin. Mr. Peirson is well known on the coast and has the record of accomplishing more for the members of the order than any grand oflicer who has ever visited this { 3 section. He it was who brought order out of chaos on the Central Pacific Rai'road | A Strong Effort Will Bs Made to Have | last winter and_settied in a satisfactory The Oificers Who Were Elected at the First Biennial Convention. s . manner to all concerned the greatest the Conventicn of 1899 H:1d in strike the order cver had. H: was on the San Franciscs. | coast from February to May of this year and put more enthusiasm into the ranks of ull railroad orders than has ever been seen here before. H. B. Perham, the new grand secretary and treasurer and editor of the official The National Convention of the Order | of Railroad Teiegraphers of North Amer- | ica that adjourned its first biennial 3 convention at Peoria, IlL., last Thursday | ©7837 is no stranger to men on the South- . . ¥ | ern Pacific and Santa Fe. He was opera- elected the iollowing officers to serve for | \or ot Bakersfield and other points on the twoyears: Grand chisf, W. V. Powell of | Souttern Pacific for years. Peoria, making his third term; first as- | The piace of the convention two years T. M. FIERSON of the Railroad Telegraphers. sistant grand chief, T. M. Pierson of In- dianapolis; second assistant grand chief, Jumes B. Finnan of Baltimore, Md. grand secretary and treasurer and editor and munager of the official organ, H. B Perham of Cripple Creek, Colo.; execu- tive commitiee—L. A. Tauquary of Pu- eblo, Colo.; Charles Daniels of Atlanta, G William White of Toronto, 8. C. Mahanay of St. Louis and C. L. French of | Cnmberland, Md. Each office was hotly contested, there being two factions in the convention, one composed of friends of W. V. Powell and the other adhering to J. R. T. Auston, hence will be selected by the grand chief and secretary. Philadelpbia, Detroit and Peoria are bidders for the convention. The members of the order on the coast will do their best to bring the convention in 1859 to San Francisco. B. A. Meyer of Ocean View, secretary add treasurer of San_Francisco Division | No. 170, was California’s representative. HIT S e S A Popular * ewspaper Man. John L. Lathrop, a capsble and popular young newspaper man of California, leaves to- day for New York with & view of making that city bis future home. Mr. Lathrop has been acyjvely connected during (he past seventeen who has been the grand secretary nd | Y¢ars with the Evening Bulletin, Chronicle, treasurer for the past five years and also | EXaminer and Oakland Tribune. He has ecitor of the official organ, The Auston | cTéditably filied many important positions in made Kreuizkamm; first bullseye in the afiernoon was mude by McMillan; last bullseye in the afternoon was made by W. Garma, | journaiism und made many sincere friends, :‘MI" Tu‘;-uplflmng fight, but were Gnally | Who would rejoice to hear of his suctess L eleate New York. as in this case appeals have been taken both to the | Section 766 of the Revised Statutes of the United States, as finally amended by | ONE MEN MAY L'VE FOR | Continued from First Page. of proceeding by information against a priconer instead of a Grand Jury indict- to the United States Circuit Court of Appeals and to the United States Supreme | ment has hcen! tirmlyl esl:l\bhshcu Court Sin Sourt for allowanc ai by decisions of nearly all the Court, and applied to the District Court for the allowance of said appeals. The | sl 1ok Pkl sl Ui some strong proof were offered showing that the prisoner’s constitutional privi- lezes were denited hima writ would not have been granted. If such was done on mere trivial causes the way would be opened for appeal to the Uniied States | Supreme Cour: in all cases and opportu- nity for almost endless delays would be offered. “Even as it is,” he added, “the matter rests largely in the hands of the Attorney- | General, Even though an appeal has been | granted, if the Attorney-General advises the Warden to proceed with the execution it would undoubtedly be done, as 1t was done, I understand, in jhe case of Mur- derer Fredericks. ‘In that case, I am told, the Supreme Court did not take action until several months after Fredericks had been exe- cuted. This hardly seems just, forif an appeal has merit execution should be stayed, and if the application is on its be refused.” — DURRANT SMILED AGAIN. The Good News Sent a Ray of Sun- shine Into His Cell. SAN QUENTIN PRISON, CAL., June3. | Durrant is himse!f again. | the gailows has been from him by the hands of the Fed- | eral courts, and he is hopefal ana sanguine again. Death was staring him in the face last nignt. To-night the spec- | ter haa veen driven back to his corner and | to-morrow the prisoner will be acain re- | turned to his old quarters in the con- | demned cells. temporarily liftea | cial notice of the action of the Circuit | Court in allowing an appeal, but after aii this is a mere formal He is aware of what progress the attorneys for Durrant have made to effect a stay of execution, and he has givon up the idea of proceed- ing further with the preparations for the affair. To-day he will lift the death watch and remove the prizoner from the death | cage. granting of the appeal by telephone from his attorney, Eugene F. Deupiey, in San | Francisco, at 3 o'clock. Deuprey con- veyed this news direct to Warden Hale, with a request that it be given the pris oner. Captain Edgar bore the news to the prisoner. Durrant was awaiting the arrival of Deathwatch Jones with his din- ner when Edgar delivered Deuprey’s mes- sage. He smiled faintly, but there was no thanked Captain E “What effect will it have?” he asked, as if to further fortify his returning spir- its. | “I suppos “that your case will now go to Washing- | Durrant smiled seain, expressed once itation. When Jones arrived with the dinner-hamper Durrant’s failing appetite had returned. 1aws of death. an official notice of the action of the Cir- | cuit Court to-morrow morning and at the | same time to receive instructions | from the Attorney-General. He regards | ing his hands, ar.d will proceed no further | from. *'I cannot take the death watch off to- night nor until I receive official notifica- “As I understand it the matter is still in a complicated condition. I conveyed Mr. | Deuprey’s message to Durrant as soon s | it was received. He expressed his| thanks, but as the result had been fore- shadowed earlier in the day by Attorney Tubb it did not come to him n!lsur-‘ prise, but it was none tue less gratefal to hin aturally the strain on me has been | great during the latier part of this strug- | gle. Ihave followed the case closely, and | as legal difficulties arose, the case be- came more complex. The horizon of my | standing in the matter became very | cloudy. It looked at one time as if I would be called upon 10 serve two masters, with a penalty for refusing to do the bid- ding of either. “Feeling as an officer of this sworn to perform certain duties, and among those ies obeying the man- dates of the courts, 1t naturally became a matter of grave import to me when the situation approached a point where I was commarded by the State court to do one thing, and the Federal court just the op- posite. My oath compels me to supvort the constitution of the United States, and also that of tha State of California. When they are in conflict, especially in a matter of such vital importance as the fate of a human life, it is no wonder that I have spent many uncomfortable moments over the matter. It was nota case of not being willing and_anxious to perform my daty, but to define exactly what that duty might be, entirely by the advice of Attor ney-General Fitzgerald and as he direots,” — WORDEN WAS JOYFUL. Had Resigned Himself to His Fate Before He Recelved the ? Respite. FOLEOM, Cav., June 3.—When Warden | Aull stepped into Salter D. Worden's cell this afternoon at 2 o'clock he found the condemned man engaged in writing a last letter to his aged mother in her far-away Eastern home. As the iron doors cianked | back Worden looked up aud the prison offivial saia, “It’s all off, Worden.” “Yes, I expected s0,” remarked the prisoner, as he gently resumed his pen. “Weil, I am perfectly resigned, and not a particie disappointed.” “But I mean the hanging is all off,” said Warden Auil. “What!” exclaimed Worden, as the pen fell from his nervous fingers, and he fell back in his chair, while nis ruddy ned ghastly white. “What! You are joking, are you not?” “l am not,” repiied the Warden; “I mean just what I say. I have given or- ders to have the gallows removed, and I have come to remove the death watch and to tell you that until the Federal court convenes, some seven months hence, you are out of jeopardy.” ¥or a moment Worden seemed like a statue carved in marble and then the State MANY DAYS| | | I face merely a‘pretext for delay it ought to | § The shadow of | g Warden Hale has as yet received no offi- | | Durrant received notification of the | & concealing the emotion it produced, as he | § replied Captain Edgar, | B ton."” | B more his thanks and returned to his med- | | This evening he retired | |8 early, a man literally suatched from the | | B Warden Hale expects to be served with | g the granting of the appeal in itseli as ty- | § until the Supreme Court has been heard | § | tion of the order of the court,” he said. | | yet seen my attorney, Mr. Monteith, ana | NEW TO-DAY—CLOTH'NG. IINT Shoddy Goods, Who daily give the public brazen advertisements couched in “taffy’ language soft and sweet to gull inexperienced buyers into THEIR SHOPS FILLED WITH CHINESE-MADE PLUNDER, topped off-with a few sightly odds and ends catchy to the eyes of their verdant victims, now plead the baby act in beseeching the newspapers to shut out ad- vertisements of truth, which were written with a viewto SHOW THEM UP IN, THEIR TRUE COLORS to the public, who have been bunkoed into buying “CHEAP JOHN"” plunder at a big profit—but their end is near at hand, when they must shut up shop or steal away with their junk in the middle of the night so as not to ripen the colors of their shoddy by the warm sunlight of day. AWAY ELSEWHERE. Men’s $12.50 Suits... Men’s $15.00 Overcoat Men’s $17.50 Dress Suits. Men’s TIME IS SHORT Now in which to obtain Fine Clothing at NEXT-TO-NOTHING PRICES. This sale of ours is HONEST, BONA FIDE AND COMPULSORY. If you want to secure the BIGGEST BARGAINS CF THE AGE COME AT ONCE and look over our stock before throwing HALF YOUR MONEY ¥ THIS WEEK: $1 00 EassimerspPantesiziatasi s e ¥ at....$8.75 ...will go oso WLl s ammridl <= willl o g0 o g0 o go ¥ Child’s $5.00 2-piece Suits BOYS CLOT TWO SUITS HERE AT THE COST OF ONE ELSEWHERE! ALL WE ASK IS FOR PARENTS TO LOOK ALL OVER TOWN, then come to us and see if we can't save you from ONE-THIRD to ONE-HALF on your Boys’ Outfit. L THIS WEEREX: Child’s $4.00 Reefer Suits (ages 4 to 10 years)............will (ages g to 14 years) Boys’ $7.00 3-piece Suits (ages 13 to 19 years)............will Boys’ $8.50 3-piece Suits (ages 13 to 19 vears)............will g HING! at....$1.95 goat....$2.45 at....$3.75 .. .will TEMPORARY QUARTERS:: 220-224 SUTTER STREET,] THREE DOORS WEST OF KEARNY STREET. Store Open Every Evening During This Great Sale. 2 blood returned to his face with a rush,\’ and for the next few moments he was | simply delirious with joy. | Later 1n the a2fternoon when visited by a CaLL reporter Worden had entirely re- | covered from his excitement over his re- | prieve, and with the exception of the in- tense light of happiness which gleamed from his eyes was as cool and collected as any one. As the visitor entered the nar- row cell and was introduced Worden, who | was stretched at full length on his narrow | iron cot, rose on his elbow and said: “From THE CALL, are you? Well, I am | glad to see you. Tue CAry has always treated us boys fair, and I am aiways wili- | ing to talk to one of its representatives —that is,”’ he added with a smile, “'to a certain extent. You see I have not as| A | I have had such a severe lesson in the | past that I have concludea not to talk too much until my counsel allows me to. | For that matter 1 have but little to say | that would interest the general public. 1| am bappy at my escape from death. Wio would not be who had been just snatched | from the jaws of eternity, and I'll tell you what, the news of my reprieve was a hun- | dred times harder to bear than the knowl- | edge was that there was no longer any | hope. Youseel was perfectly resigned to go. Not long ago I got hold of 2 newspaper clipping deseribing the execution of How- ard in this prison. According to that ac- count there was nothing so awful about it because 1t was over with so quickly. There was no delay and no sensational- ism, and then I had such perfect religious consolation that I had no fear of the here- after. Well, when Warden Aull told me that I was reprieved nry heart beat like a triphammer, just like this,”” he added, as he thumped his sturly chest rapidly with his clenched fists. *‘Well, just try and imagine yourself snatched from the brink of the grave and then youw'll know how it is, but,” he added with a jovous laugh, | from before him. Good-by,” turning to “there have been others. Why, my case | THE 5: LL reporter, “I am glad you 1s just like that of Carlisle Harris in New | c8me.”” And the man who had for days York, who was reprieved in the seli-same | P3%t been living in the shadow of the gai- way just as he was being led to the chair. | I read all about that in the New York | World. [ did have a faint glimmer of | hope this afternoon when I got this lcle-[ gram from a man named Crossley. | “Wair, I'll get it for you. I've got 1t | tied up here with some other things in this | bundle,” picking up a red handkerchief with its four corners tied together and | turning out a mass of documents on the narrow bed. “That’s my will,”” he said, hotding upa folded paper; “my last will and test ment. I hadn’t much to leave, but it all there. No, no one can see it. There | are some things that are sacred irom the | world at large; and here’s a letter I was | writlng to my dear old mother,” he said, with a world of tenderness in his;tone. ** was a sad task, a sad task.” He then produced a copy of the tele- gram, which was as follows: June 3. Monteith cannot reach prison before mid- night. Detained here by United States Court. We think we will save you. Wire Wilcox's ad- | dress. J. CROSSLEY. “Yes, that gave me a little hope, but it did not last long, and I soon fell back on my resignation. Well, it's off for awhile, | and no one can tell what the future will bring forth. You have seen one of these little wiggling polywogs. They wiggle and grow and become frogs; perhaps now, that time has been granted me and my attorneys, my innocence may become | established.” At tuis moment Rev. Mr. Chisholm | entered the cell and Worden sprang up, clasped his hand naturally and said, “How do you do, Brother Chisholm? I littie thought this morning tnat I wonld grasp your sand other than & dying man | wailing to have the veil of eterniwy torn {erty for t lows turned with a merry laugh to his spiritual adviser and said, “I'll eat my supper and talk with you at the same time.” HANDBALL GAMES. Formal Reopening of the Occidental Court Last Night. The Occidental handball court, under the new management of Kigalion &®* Healey, was formally opened last night and both galleries were crowded. A large number of iadies with their escorts were in the upper gallery and took a lively in- terest in the games. Several games were plaved, but all the interest centered in the game in which J. Nealon and M. J. Kilgallon played tand P.T. Donnelly, eur champions. ame was the best three out of five, | and it was conceded to be one of the finest ever seen in the City. The final roused the spectators to the greatest enthusiasm, as both teams ran scored neck and neck up to 18, when Nealon and Kilgallon went in and_made the necessary three aces to win. John Purcell was the referes and scorer, and his task was a hard one. Following is the score: Nealon and Kilgallon Bonnet and Donneliy. eneral Forsyth. Major-General James W. Forsyth, U. 8. A, retired, left the City for the East yesterday. The geueral has not yet decided where nis future nome shall be. Now that he is at lib. first time in forty years to go and come when he pleases, he hardiy knows where 1o go. He will visit friends in New York, | Cnicago and Washington, and_settle down to enjoy the antumn of his Lfe in the p'ace thet secuis most agreeable. ———— Hay Fire This Morning, A pile of hay at the foot of Channel street wentup in & blaze at 1:40 this morning. The burning bales were dumped into the bay ond the remainder were saved, The loss will not exceed §400. P