The San Francisco Call. Newspaper, September 22, 1897, Page 3

‘M[}KENN ‘ i | recarded ns embraced in toe general words. = | (Sutheriand on Siatutory Construction, sec- oo \ FRANCISCO CALL, WEDNESDAY, THE SAN 22, SEPTEMBER 1897. 1 OPINION ON SEGTION from apbundant and excessive caution, and would sometimes pervert the intention of the author cf & writing if everytning of the same general tenor a< that excepted should be ion 222.) . It follows, therefore, that the answer to your inquiry, 85 far as section 22 is concerned, de- pends (1) upon the coaracier of the vessel in which the goods were carried to Vancouver; (2) if 1n foreign vessels, whether the goods | were entitled by treaty or ¢ :vention to be e 1gred into the ports of the United States upon rayment ot the same duties as if imported in Americin ve: Iassume the States, but Briti 10 your commu you in tions 4228 to 4232 of ti repeals sec- Statvtes, end Attorney-General Says| Discrimination Does Not Hold. BONDING PRIVILEGE YET STANDS. Tea From China Exampt From the Additional Duty of Ten Per Cent. AND sO ORE FROM CHILE. An Extra Tax on Goods Brought Through a Contiguous Foreign Country Can’t Be Collected. SHINGTON, D, -Ge McK ced his opinion of the new ta at C. Sept. 2L.—At- to-da 1 the matter of s fflaw. He holds in goods coming directly into the from foreign nadian ports are not subject to ; duty of 10 per cent. shippea h posse i countries a from iver in the section im- a) when the not the ited St b e concerned 1d is attempted to be estab liowing “*Tne g production, country not e United States from Can- y,and so it is urzed ell as by the spirit of t to the duty. importation is to the rough Canadu merel toward the destination, the re United States. that us 110 Teason to d tween thnt importation aud what e distinction a direct one— ) ed and the oth scrimination was pose of the law. of the emen an_transcon 1 of the on, bui, on rged that this competi- and other American raiiroads dian Pacific isac How Co! have no means of ¥ no avowal, ar members which ‘we 1 : ne € main pu the purpos icve the Amer purpose ot have been entertained, had been entertained, it e natural thing to have expli- that it was inte be to put & new purposein t ng 118 unity, which is not cor nguage or any mischief whic as in the contemplation of tne 1. Thesecti as the law which preceded it r transportation of goods by sea. vessels of primarily to the and to prevent Canada or obvious. on useless to_impose a discriminating d ught to San_Franci d leave them free The amendment o ch is made by section 22, therefore cont its object while it strengthens and & resit. It does 1his in ways, viz.: By taking away through the co :d by repes from the 10 per means of its evasion, of Canada apd Me tatutory exempt considered your inquiry so far as if 1 0aly regarded mere transportation We shall see hereal.er tha: ug asa n the cont words “come into the United States” are used as synouymous to im- The language “bei oduction ufacture of any forei ous to the United State ¥ ip ive of the goods to which the duty 2 e goods themselves, it is con- tended t take their deperture from tne contigtous country in the strict sense of im- portaiion as distinguished from coming {hrough it as an importation from some othe: country. This view is given plausibility to by the exception that duty shall ‘‘not apply to such foreign products or manufactures as shall be imporied from such contignous coun- tries in the ustal course of retail trade.” Itis said that the words “imported in the course of strictly retail trade” indicate the T They are ciaimed to b: the opposite of jmportation in the course of wholesale trade, #nd that the latter must be direct, as those by tail trade could not be otherwise. But this »s not foliow. D1 contine the rule strictly to the exception Whereas it may be brosder—including impo; {ations. strictly so-called—those who taxe their departure from a coutiguons country if ihe other conditions of the rule exist. Ifso ihe exception has an adequate and proper office. But it is not even necessary to go this far. it is a matter of common experience tnat | ssvingsand exceptions are often introduced | IS MANGANESE | and | was thence shipped | This being so, | v | the lawvers Such construction would | | your communication of Septemle 2, asking Whether manganese ore imported 1rom( > British bark Lurl.e to Philadeiphia is also 1 A law im the om the time tariff bill w previously ted from it the ss.”” Does this re- bill was ap- \ nctto authorize crimimating d sand commerce’ for couy . This act . President is authorized to he operations of s-ctions pre he Pr s impos | wax approved | ence, co t provides tha 4219 an 1 &0 act eside aiscriminating n American vessels or par- 1g duties upon Amer.can enjoy in our ports the iden- ci the same class of Ameri- and merchandise may enjoy in y. ved that it recognizes the ex- and en- 4228 and amends 1t pover. By ed when *no” osed or laid o dment provid to meet re- duties as well ge through ifused 2 this ¢ The act an 1 the sume day, 10t think the order of passaee is im- they can be reconciled. ther re- Th h epeals is well established by There must be more than t be irreconcilable con- After citing several authorities in sup- vort of his position, the Attorney-General ght be a proviso to section so by the suspension e cond dent ac { the reciproc: s have been wi ar to our l¢ attorney-General then q ases in suppor: of a couc.usion he s that where there is difference in tive provi . then contin repeal b passed the 4 i b ous to that oili and its eff ore be attribu ¥ be it was th provisions of a s cases cited. It f therefore, that section 4228 was not repealed by section 22, and tnat the mer- chandise of both inquiries is Dot to be sub- ected to a discriminating duty. Washington Lawyers Declare That the Attorney-General Has | Made a Mistake. WASHINGTON, D. C., Sept. 21.—The | opinion of Attorney-General McKenna on section 22 of the 1ariff act was a great sur- prise to most of the officials in Washin | ton, who had expected that he would take the w that it imposed the 10 per cent additional d on goocds imported through Canada. BSeveral first-class law- yers with whom THE CALL correspondent talked to-night, as well as some Dpoliti- cians, expressed the opinion that the At- torney-(ieneral had made a great mistake. Colonel J. F. Evans of San Francisco,who | is well known in Washington as an ex- pert on customs laws, voiced this senti- ment when he said : “There was nbolutely no reason why Department shou!d the Treasury | ‘ovinion’ in this matter, as it seems to me that it would ha been wiser for him to have replied to Secretary Gage that the | construction of section 22 did not rest with the Attorney-General ner with the Treasury Department. It is surprising to me that the question should have been re- ferred to him at all, und itis amezing that agood lawyer, such as McKenna is re- puted to be, shou!d hove undertaken to re nder an ‘opinion’ as to. a rate of duty, when he couid have avoided the respons: bility, as he should have done, by repl ing that the general board of cnstoms ap- praisers was created by act of Congress especially for the vurpose of settling the rates of duty to be imposed. It was ‘or this board to construe section 22, and the dissatistied party could have appealed to the United States Circuit Court of Ap- The people of Caiifornia will cer- ly be greatly disanpointed with Mr. especially as it appears to be_gratuitous. Some politicians here whodonot appear | to pe especial'y friendly to McKenna say that his opinion may have been influenced by Lis desire todispel the idex that he is orporation man.”’ 1t is cenerally con- ceded that Mr. McKenna will be nom- inated 1o succeed Associate Justice Fieia, and it is known that Senator Morgan and others, who have been fiznting 1he Pacific railroads, will oprose his confirmation on the ground that it woull notdo to ap- point” any more lawyers on the Supreme Court who have a tendency to favor rail- roads. They say that McKenna is anx- | ious to appear #s an ‘‘anti-railroader.” Batitis only fair to the Attorney-Gen- | eral 10 say that the best judgment among | is_that McKenna gave his | opinion imvartially and judicially, with- out any ulterior political motives. It is | not believed, however, that the opinion of | the Attorney-General settles the matter, | for the guestion will undoubtedly be raised by a Collector of Customs and | tested ana settled in the Federal courts, as provided by the statutes, Senator Eikins said to the CALL corres- poadent to-night: disappointment. I am willing to admit that I had a partin the adoption of sec- [tion 22. The end is nmot yet. At next winter's session of Congress a strong effori will be made to repeal the Canaaian Pacific bonaed privilege,”” “Will the matter now become a ques- tion for the courts to determine?”’ was asked. Eenator E'kins replied: ‘I have not in- vestigated this phbase of the matter. It the opinion had been the other way it certainly would have been tested in the courts.” ° | been out eizhteen hours from Portsmouth, N. H. vesseis from | 1 ® | riagepole. 1 was passed while | ticu ss of csses are repugnant 1o these of anc statute approved the same day, which isofa more general character, the former st prevail as to the particular class of cases rein ref:rred to.” (See also Endlich on the | pretation of statutes, secti 16, and tes CAUSED GREAT SURPRISE. | have | called upon the Attorney-General for his enna’s interpreiation of the section, | “The decision was a | 'OLD IRONSIDES' LAST VOYAGE. In the Teeth of a Northwest Gale the Historic Frigate Constitution Is Safely Towed to Boston ‘ Harbor. | | BOSTON, Muass, Sept. 21.—O0ld Ironsides is here. In a snuffing nor'wester she | | came up the harbor this morning in tow of the Government tug Leyden, after hayving The voyace around was fraught with great danger to the preservation of the sacred relic of patriotism. All night the historic old craft lay under the lee ot Cape Ann, out of a raking offshore wind, the ! tug joggine her baci and forth and keeping her nose to the breeze. At 8:30 o’clock the | Constitution was at her berth at the navy-yard, where she was docked with difficulty, owing to the wind which was blowing off the pier. Commander Very, , anl the thirty men irom the Wabash who manned | | ' | OLD IRONSIDES With the Wiad Right Aft, and Pienty of It. [From an old engraving.] the ship on this her last voyave were not ready to say much about their right at sea. Nobody had slept, and they were tired out. The old frigate labored hard in the light wind and seas, and several times the crew tiiought that she wasdone for, but | Ler stanch old timbers stood the test. One of the men who came around on the ves- sel said ke never heard such a racket in his life as the wind made shrieking over and through the roof with which the old ship is covered. Lvyery gust shook the windows, | | hissea, groaned and growled around the eaves, and played a devil's fiddle on the Some of the men thought the whole thing wouid come off when the wind | was at its height. Had anything happened to make her unseaworthy the men had a | | large whaleboat at the starboard davits that could have been lowered. | DOFFS STRIPES ! dressed as a citizen, he walked forth to | freedom. Later investigations show that aiter leaving the guardhouse he walked jover the hill toward San Rafael. His | tracks were foliowed as far as the Cali- | fornia Schuetzen Park, about one mile | below San Rafael. Here trace of him was | lost, and itis thought he boarded a train at this place for San Ratael. Marshal has, it is said, a brother in Santa Rosa and the prison authorities be- lieve he has left for that city. Marshal is a teamster by occupation, 5 feet 44| inches in height, with blue eyes, fair com.- | vlexion and brown hair. He weighs 178 | { pounds and is 36 vears o age. Eugene Kiemmer of San Rafael claims | to have seen Marshal about noon. Klem- mer says that a man came into a store in | | which he is employed about noon and purchased 5 cents’ worth of crackers and a | piece of cheese. When shown Marshal's picture Klemmer identified it as that of the man he had sold the crackers and the cheese to. | T | anMm 's s:cnty;e is one of the neatest B89 LS L that has ever been attempted at th SAN QUENTIN PRISON, Cat., Bpt. | pricon.” Ho took an entire ehange of ot | 21.—There is one convict less within the | ing irom the guardbouse, with the excep- | walis of the Statle’s big penitentiary to- | tion of a pair of shoes. Warder Hale night. One of the cleverest escapes that | this afternoon offered a reward of §50 for has ever been effected ,hers was made to- :?:“‘:d'“‘s'gn‘l’;‘:;”l"‘fb‘s"'l‘"h Marshal ye o Sl i s hdt about the prison an | a8y, and George Marshal, alias Louis E. | 16 pogition of room-tender vhlah heroc: Schrocer, sent up from San Joaquin | cupied took him outside the walls of the County six months ago for grand larceny | prison, but not beyond the limits of the ! and sentenced to three years’ imprison- | prison grounds. ment, is now enjoyinz freedom. —_— WiLL CONT/:NUE ALL WINTER, The escape left the prison some time be- tween 8 o'clock and 10 this morning. His E | | Go/d-Seekers Intend to Drive Horse | and Dog Teams to the Frozen Klondike. SEATTLE, Wasn., Sept. 21.—Travel to the gold mines of the Yukon will be kept | up all winter. Intrepid men, oblivious to | the dangers of the terrible winter, bliz- | zards and icy temperature of the Arctic Circle, will drive horse and dog teams over the ice-bound rivers and cross the | mountain ranges over the snow in the search for gold. It1s plain that the exodus of gold-seek- ers north, while it will not be heavy this winter, will continue till spring. An important letter was received here yesterday from the Corey party which went to Dawson City by way of Skaguay. T. B. Corey, the head of the party, was for years the mining enczineer of the Oregon Improvement Company and one of the | best known men on the coast. The letter | is written from Diwson City by Chris Fisher, a member of the parly, and aated | August 18. He says: My Dear Harrington: This morning there was many a smiling iace as a boat and scow | came inio Dawson with at le: st 400 tons of provisions. For the last few days the people | that hada no supplies for the winter began to | feel gloomy over the outlook, but the steam- g0 cheered them up. The Trading bad agreed not to sell more than ks of flour and ten pounds of sugr | and other artic.cs in proportion 1o one | person, 50 es o enable all to sccure some- thing Business is carried on altogether with gold dus, and it makes one’s eves stick out 1o see it setting around, as most of the business. | houses keep it in glass tumblers, and every absence was not noticed until noon, by | evening you wiil sev from three to eignt of enoe. '+ Y | tnes: ful of dust. which time he had probably three and a | Ifany one says this is only a steambont boom half hours’ start of his pursuers. G R TR T Eitinses It ' | by the ounce, but by the Lundred weight and Marshal was a room-tender about the SOl dos ThE B s prison grounds. He was let out of the | will, it is estimated, clear irom their claims main prison about 7:30 o’clock to go to ths | it which they are interested nbout five tous | guardnouses about the grounds and make | f Roid, und the gold that will come {rom this S | district witl run from forty-three to fijty tons. the beds. At 11:30 o’clock he was sup- | I regretIdid not come upvn my own h)onk. | posed to take the dinners to the guards. T Nothing unusual was noticed to-day when | Marsbal started in on his duties. Outlaws Facape From Prison. CLAYTON, N. Mex., Sert. 21— Bill Promotly at 7:30 o’clock he went to the guardhouses to make up the beds. No ; Cowan and his brother, who hava been in more attention was paid to him. 1 confinement in the County Jail hereon | the charge of being implicated in the rob- At11:3) o'clock the guards stationed in i bery of the Denver and Gulf train near the towers failed 19 sec any dinner make | ¥olsom thres weeka ago, escaped ]'x!“ 4 7 e o its appearance. As the time wore on j,fi, A posse Bas gonein the dileclllo); they commenced to feel hunzry, and at | ot Johnson’s mesa, north of here, where 12 o'clock they remonstrated. Marshal g it is thought that the Cowans are being was searched for, but no trace of him | harbored by tieir friends. | [could te found. The alarm was given | | that be hai escaped. An investigation | | was instituted by Captain Birlem, and it was found that Marshal had gone to the | round guardhouse on the uill. Instead of making the bed he had picked out a suit Convict Marshal’s Neat i Escape From San Quentin. | Substitutes a Guard’s Suit for | Prison Garb and | | Decamps. | His Absence Not Noticed Until He Is Far From the State’s Penitentlary. i | | | | | | | Convict George Marshall, Who Escaped From San Quentin. | $3 per carload. | Bouthern Pacific, was seen to-day. | well make a stake out of it. TREVELYAN NOT 10 BE BUNKOED Barton Vineyard Man-!d(lys_ ager Declares War on Huntington. Will Have His Freight Hauled by Team to the Valley Railway. Rates on a Southern Paciflc Branch Increased 272 Per Cent Without Notice. FRESNO, CAL., Sept. 21.—Colonel Tre- velyan, a survivor of Balaklava, who is managing the big Barton vineyard of 610 acres, near this city, for English capital- ists, is now un avowed enemy of the Southern Pacfic Company. He an- nounces that hereafter he will turn all of the large amount of freight to the Valley road, and that he will fight Collis P. Huntington on every turn. When the Southern Pacific employed Marcus Poliasky to act as 1ts secret agent, a few years ago, to build the branch ex- tending from this city to Pollasky on the Ssn Joaquin River, it successfully de- ceived the people, and Pollasky, represent- ing that it was a private enterprise, ob- tained liberal concessions from the resi- dents as well as from the Barton estate vineyard company. Then as soon as the rights of way had been procured free of | charge, and the people of Fresno had paid abonus of several thousund dollars, the dishonest Pollasky turned the road over to the big corporation, he having per- formed the services for which he’ was hired., To show his kind regard for the vine- vard company Pollasky had a switch laid from his line to the winery. An arrange- ment was afterward made to haul freight from the winery into town at the rate of While this was a conveni- ence to the Barton estate it was a con- venience to the neighborhood as well, as local shippers used the line and the traffic was considerable. Several days ago Colonel Trevelyan had occasion to ship a car of raisins in to Griffin & Skelley’s packing-house, and | when he came to pay the freight he was presented a bill of §8 18 instead of $3—and then the music began. The freight rate had been raised on him over 272 per cent without notice, either by letter or publi- | cation. While tha’ colonel is a most amiable gentleman and a model of restraint under most trying circumstances this made him ‘“hot.”” The resuit is that he means to have the raisins—about 250 tons—hauled 10 this city by team, and, as the distance isnot over three miles, it can be done for about the old rate paid the railroad, with the advantage of having his boxes hauied back. 1@ 1sevident that the Southern Pecific thought it had a “‘cinch” on the treight business of the winery, because the Val- ley road does not connect with it. Rates | hive been raised all along the Pollatky line. This_is probably due to the neavy loss in business the Soutbern Pacific has sustained becaase of the competing road that the people of the San Joaquin Valley are patronizing +o liberally. Oo the Poi- lasky branch there is no competition and it seems that the pz2ople dep~ndent upon it are to be “'squerzed’” a little more to muke up for the alarming general defi- ciency. The arbitrary manner in which thecom- pany treated Colonel Trevelyan in raising the rate without notifying him and simply prosenting an increased bill has aroused much indignation here. S. F. Booth, the district agent for the He would make no statement and boidly de- nied that the rate had been increased. “I do not see,” he said, “why Colonel ‘Irevelyan should have permitted this story to get to reporters. It is nota mat- ter of news and should not be treated as such.” TRIED TO BRIBE DR. GARDAER. Chinese Smugglers Offered to Make the Interpreter Kich if K¢ Would Assist Them. SEATTLE, Wasu., Sept. 21.—George W. White, the special Treasury agent who was sent to the sound from New York by Secretary Gage to investigate the late smuggling ring, went before United States Commissioner Kiefer this evening and swore to two informations which later re- sulted in the arrestof two Chinese cn a charge of attempting to bribe the Govern- | ment interpreter, D7, J. E. Gardner of San Francisco. The arrested men are Yee Gee, who is already under bail to answer to the Grand Jury for smuggling 1000 Chinese into the United States while acting as interpreter for ex-Collector of Customs J. C. Saun- | ders, and Ching Gee Hee, the wealthiest Chinaman in the city, who has resided here for twenty-eight vears. Ching has haen the Chinese representative of the Canadian Paclfic Railroad Company for eight years. He is in jail to-night, but wiil get bonds to-morrow, as he has great influence. It is stated that on the 14th Yee Gee sent for Dr. Gardner and told him he un- derstood that he was to interpret the let- ters which the Government officers had se:z>d in his place of Lusiness at Port Townsend. Gardner replied in the affirm- ative, and Gee is credited with having said: “If you will agree to place a different in- terpretation on these letters and do as I | say 1 wiil make yon a rich nfan.” Gardner refused the offer, but Gee per- sisted in coming to terms with him. Gardner left him and reported the matter to Agent Whitehead. Several other at- tempts were made to bribe Gardner. Gee approached him and so did his local friends. Two days later Chin Gee Hee saw Gardner, fook him asite and offered him big money to misinterpret the letters, He told Garaner that the case would bo defeated, anybow, and that he might as Gardner re- fused to listen to himand the Government officers were notifiea. Lun Cver by a Train. REDWOOD CITY, CAL, Sept. 2: T A. Logan, & young man well known in Menlo Park, was run over at that place by the 12 o'clock southbound freight last night. Both of his legs were cut off. He was brought to this place for ireat- ment, but died in agony before the phy- sicians could be called. Logan wasa native of Canada, aged about 30 vears, and had no relations here. How the accident oc- curred is a mystery. Logzan was drinking last night, but was considered a moderate drinker at all time: — - Sealded by Koiliag Water. NEVADA CITY, CaL, Sept. 21.—The gyear-old daughter of Fred A. Campbell of Penn Valley was hifting a kettle of boi!- ing water from a stove to-day, when she overturned it on herself and was fright- fully scalded from the hips down. She may not recover. | NEW TO-DAY — CLOTHING. THE TAGS FLY! The work will be quick and decisive. It's the final We're Tagdding fast and furious. NEVER Was such an opportunity offered to our men folks to dress fashionably for so little money. When Did Man Dress so well for such a trifling sum? Thelast days of September will be memor- able ones. Owr prices will create no end of talk. Just think of it, a fashionable dress-up Swit, in. Blue and Black Twill Cheviot, the swell and, dressy brown Overplaids. Overcoats in Blue and Black Meltons. $10 has always been their value. Long will yow remember our prices— Green-Tagded To-day A Sight to See And long to be remember- ed is the beauwtiful display in our windows of those choice Suwits and Over- coats Green- Tagded $8.50. Never have such valwes been offered. Were youw to pay double the money no bettervalues, no prettier doods, nolat- er styles could be had. We courted a loss when we made this sale, we ex- pected it ; it's been costly to ws in one way, butwe've ac- complished owr purpose--introduced owrnew Fallstyles. Ttwould take pages tode- seribe these pretty Suits, the swell Overcoats; our space is limited, so are the days of this sale. Grasp the opportunity while it's yours. Green-tadded for a few days more at O-11-1315 KEARNY ST | Colonet Finmigan had $150,000 or more. After the commencement of the suit jor divorce | on December 10, 1896, Colonel Finizan | executed and delivered to his daughters a deed of gift, purporting to have been MRS. FINIGAN'S NEW MOVE. Seeks to Make Her Step-Daughters Defendants in Her Suit Against | iage in consideration of the love and /e /. affection that he bore for them. Mrs. the Colonel. Finigan alleges that the daughiers yaid no consideration and that the con- veyance was wholly voluntary upon the part o° Finigan to aefrand her. SAN RAFAEL, Can, Sept. 2L—Mrs, Emily B. Finigan, the beautiful plaintiff in the sensational divorce suit against Colonel Peter A. Finigan, has not given up ali kope of zetting from her husband some of the gold that is said to line his pockets. To-day she filed a notice of mo- tion in County Clerk Thomas Bon- neau’s office asking to be allowed to file a supplemental complaint in the divorce | suit. Mrs. Finigan a!so asks to be allowed | to make the daughters of the reputed | millionaire defendants in the action, The daughters named in her appeal are Mary, Maud and Lillian Finigan. The plaintiff states that Colonel Fini- | gan has, since she commenced the action | for divorce, conveyed and delivered to his | daughters certain real estate without con- | siteration and for the purpose of hinder- ing, delayingand defrauding her of money that may be awarded to her on account of | her divorce case. Then Mrs. Finigan’s | attorneyvsassert that they know of noother | property that Colonel Finigan may have that couid be applied toward paying Mrs. Finigan the sum awarded Ler for cost-, alimony and attornev’s fees by Super or Judee Angellott. 1t is asserted 1bat it will be necessary to have the deed of gifi whereby the millionsire g .ve his prop=riy ghters set aside 1n order that igan may obtain payment as awarded her, and also in order that the property may be subjected 10 her claims, | The suppiement complaint that Mrs. Finigan desires to file is attached to the notice of motion and sets forth that at the commencement of the divorce case | NEW TO-DAY. ARGONAUT 0K WHISKEY Is Five Years In Wood Before Bottling, E MARTH =% CO., 411 Market St San Francisce. Pozzoni’s Compiexion produces a soft and beautiful skin: POWDER | it combines every element of beauty and purity.