Morning Oregonian. (Portland, Or.) 1861-1937, May 09, 1905, Image 3

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    THE HOBNINg QBEGQKIAy. TUESDAY; 9, 1905.
HIE RAPID HE
-5-
Courted Sister of Wife. Who
IfWas Dying of 'Poison.
$QUAILED WHEN ACCUSED
But "Bluebeard" Won SislcrTs Love
f'While "Wife Lay Dead in House,
Got Her 3Ioncy and
T.' Then Disappeared.
it
CHICAGO, May S. A novel occurrence
In criminal procedure was witnessed to
itiay .at the trial of "Bluebeard" Johann
Hoch. The Innovation consisted in
"wife appearing as 'a. witness in a case
involving he? husband, the woman bcins
Mrs. Fischer-Hoch. the last survivor
with whom the multi-bigamist under
went the marriage ceremony. She was
called to the witness stand by the prose
cuUon. A sharp tilt between counsel pre.
ceded the testimony of Mrs. Fischer
Hoch. "but Judge Kcrstcn overruled the
objections of the defense.
After identifying a bankbook that she
Jiad used, and saying that lloch had
asked her to withdraw her money from
the bank and turn the proceeds over to
him to pay for his house. Sirs. Fischer-
Hoch told of going to Tier home with
Hoch. When they got to the house, they
were met at the door by Mrs; Sauer
borck. who said:
"Don't go in there, Mrs. Uoch. Mrs
Sohm is here, and she says that lloch
murdered your sister.
"What did you say?" asked the Prose
cutor.
"I looked at Hoch and said: 'What arc
youchanging color for? If .you have not
done anything wrong, you should not be
afraid. "
""Then what did Hoch say?"
"Why, Hoch said nothing, but sat down
on the bed. I insisted upon his coming
into the other room, where Mrs. Sohm
was, but ho refused, so I went away. jirs,
Sohm said that Hoch was a swindler, and
haci murdered my sister. I talked with
her and then went into the front room
but Hoch had gone, and I did not see
him until I saw him at the police sta
tlon."
Mrs. Fisher occupied the witness chair
th5 entire afternoon. She told in detail of
the-flirtations carried on by Hoch with
her while Mrs. walcKer-Uocli lay dying.
VHe told me." said the witness, "that I
should stick to htm and I would be
lucky, "jvoman. He promised to stick to
roe if-I would stick to him.
"What reply did you make?" asked the
Ftate's attorney.
reminded him that my sister was not
yet burled and that hr body was at
that moment lying in the front parlor.
and that it was no time for him to talk
to me In that manner. Ho declared that
the dead was for the dead and the living
for the living, and that his talking to
me at that time did not make any dif
ference.
Mrs. Fisher concluded her testimony
fortho day by stating that she had seen
Hpcli giving lier sister a light-colored
powder Jn some water two days before
3ier. death. Mrs. Fisher .will be on the
-stand again tomorrow.
'CANT SEIZE ' INSURANCE
Supreme Court Holds Policies Ex
-it- empt From Bankruptcy Law.
OREGONIAN' XEW'S BUREAU, Wash
"lngton. May S. The Supreme Court to
day handed -down a decision in the case
of Daniel L. Holdcn and wife, of Seat
tie, vs. J. A. Stratton, trustee, which in
effect holds that the Washington state
bankruptcy law does not conflict with
the National bankruptcy act in exempt
ins the life insurance policy of a bank
rupt. when this case was before the
District Court it was held that such
policies were exempt, but tho Circuit
Court of Appeals reversed the opinion
and jield that policies were not exempt.
The Supreme Court reverses the Cir
cuit Court of Appeals and upholds the
opinion of the lower court.
The policies in question aggregated
3IAY VISIT YAKIMA VALLEY
irrigation Committee ot Congress
Yields to Jones' Plea.
OREGONIAN NEWS BUREAU, Wash
ington, May 8. F. H. Newell, chief en
glnecr of the Reclamation Service, to
day received a letter from Representa
tlvo Jones askingr that the irrigation
committees which will go West in June
make stops at North Yakima, Pasco.
Spokane. Ellcnsburg and Walla Walla
In order to see the Irrigation posibllitles
of Eastern Washington. This party is
SoliiS West to see what the Government
has Jono on various projects and does
not contemplate stopping except where
work Is under way. Mr. Jones Is ad
vised, however, that, if the Northern
Pacific will give the party a special
train to North Yakima from Portland,
it .may visit that .place, though visits
to other points named' are out of the
question.
Northwest Postal Changes.
O REG ONI AN NEWS BUREAU. Wash
ington, May S. Postmasters have been
appointed as follows:
Oregon: Perrydale. Polk . County, -Elmer
E. Enes, vice Lizzie Elliott, re
signed Washington: Cashmere, Chelan Coun
ty, Thomas Bollman vice W. M. Olive,
resigned; Chambers, Whitman County,
John P. Palmcrton, vice L. W. Hobln
son, resigned; Pampa, Whitman County,
Ai -J Camp, vice Frank Gordon, re
signed;. -.Rural free-delivery route No. 1 has
"been" ordered established June 13 at
Madras, Crook County. Or., serving 567
people and 1-6 houses.
Joaes Summer Programme.
JOREGONLVN NETPS BUREAU, Wash
ington, May S. Representative Jones Is
expirelea ia Pittsburg oa Wednesday
toijoln. the rivers and harbors commit
teemen a trip down the Ohio River. He
Vjfl spend the latter part of May at his
old Ticme In Bethany, 111., and July 1
will Join the irrigation committees on
notour of the West.
vTkcoma Asks for Warships.
. ORKGONIAN NEWS BUREAU", Wash
ington, Oiay S. Representative Jeaes.
lias requested the Navy Department
"harbor to participate In the rose car
nival June 22 to 25. No definite 'answer
has yet been glvien.
MILLERS MAKE COMPLAINT
Say Railroads Discriminate in Rates
on Corn Prod acts.
CHICAGO. May S. Complaint made
by millers of Missouri River cities against
rates on corn products from Missouri
River points and Southern Texas were
the subjects of an investigation "begun
here today by the Interstate Commerce
Commission. The assertion Is made that
rates discriminate la favor of Texas and
Louisiana millers. ,mr
Evidence of. millers who havT lodged
complaints against the railroad company
thoy . patronize In making shipments to
Pacific Coast points was heard at the
afternoon session. These millers, prin
cipally locatea in Nebraska, complain
that a 10-cent rate on corn products over
the rate on corn Is excessive and shows
a discrimination on the part of the rail
ways in favor of Western manufacturers.
T( the railroad-. .F. A. Leland. as
sistant general freight agent of the MIs
uri. Kansas and Texas: Gorge H.
Ororiiy. freight traffic manager of the
Burlington. and J. Munroe. freight traf
fic manager of the Union Pacific, testi
fied. The reason for maintaining the
.present rates was that a greater risk is
END THE QUARRELS
Purpose of Conference of the
Equitable Directors.
MAY SEEK NEW PRESIDENT
Conservative Men ot Board Realize
Public Ts "Weary of Wrangle and
Seek to End It Hendricks
Meets Policy-Holders.
NEW YORK, May A conference of
Equitable directors was begun late this
afternoon, with more than 3) directors
present, inducting -Louis Fitzgerald
Chnunccy M. Dcpew, H. -C Deming,
oeprge II. Squire. Charles S. Smith. C.
Lcdyard Blair. M. E. Ingalls, E. JL Har
A LETTER TO THE POLICY-HOLDERS OF THE EQUIT
ABLE LIFE ASSURANCE SOCIETY
H. C Frick, chairman of the directors' committee investigating the
Equitable Life Assurance Society, has written the Wowing letter to the
policy-holders assuring them that the interest of every policy-holder Is ab
solutely safe.
"To tho policy-holders of the Equitable Life Assurance Society:
'The members of the investigating committee havo received a large
number of letters from policy-holders Inquiring If the sums already paid
to thcsoety as premiums on policies were endangered or lost.
"The workf- investigation to be of value must be done thoroughly.
To do Ij thoroughly will necessarily take time. The committee Is not ready
to make its report and cannot at this time anticipate Its report.
"In view of these inquiries from policy-holders, it sems proper for the
committee to state that the Interest of every policy-holder Is absolutely
safe.
"The assets of the society are in its possession. They have been exam
ined in detail by the insurance commissioners of many states. They are
absolutely sound. Indeed, one ot the criticisms of the society's manage
ment has" been that in Its Investments it has been conservative to tho
point of -not realizing a sufficiently high rate or Interest on its funds.
"If the Investigation should substantiate the gravest charges made
by anyone against the society. It would simply mean, that in the past the
society had not realized ail that It might possibly have realized under a
uinerem uess conservative) management. THERE
iV MICH IF TRUE, WOULD DIMINISH
ASSETS.
"The integrity of every one of the society's contracts is absolutely
unimpaired. It might be well in this connection to add. that while assess
ment societies and fraternal organizations require the constant addition of
new risks to meet their obligations on old ones, THE EQUITABLE, Ilk
aU if the 'old line companies' could meet In full all of Us maturing policies
even if it never wrote another dollar of Insurance.
"H. C. FRICK, Chairman."
ARK NO
THE SOCIETY'S
incurred by tho railways In handllnr corn
products than in carrying the corn, be
cause of the greater liability of damage
to the product and lore to the railways
ia paying ior tne carnage.
CONFESSES JTWO MURDERS
St. Paul Criminal Tells Story of a
Brutal Butchery.
ST. PAUL. May S. Edward Gottschalk.
charged with tho murder of Christian
Schlndlcckcr, a butcher, and Joseph Hart-
mapn, lus accomplice, today pleaded
guilty to the charge of having murdered
Hartmann, and made a confession to
Judge Lewis of bis part in both crimes.
Judge Lewis will pass sentence on Thurs
day.
Schlndlecker was murdered Fcbruarv IS
In his butcher-shop. His body was hor
ribly mutilated, and tho motive was rob
bery. A month later the body of Hart
mann was found in the river, the skull
crushed and two sadirons tied to his feet.
According to Gottschalk's confession.
Hartmann planned the robbery and en
tered the butcher-shop and killed the
butcher while Gottschalk remained out on
the street. Hartmann came out and told
Gottschalk what he had done, much to
Gottschalk's surprise and dismay. Gott
schalk then tried to avoid Hartmann. but
the actual murderer persisted In follow
ing him about. Gottschalk could not rid
himself of Hartmann. and finally killed
lilm and threw his body Into the river.
Cliatlwick Appeal Is Postponed.
CINCINNATI, May 8. The case of Mrs.
Chadwick was today set for hearing by
the United States Court of Appeals for
October 3. Judge i.urton announced tne
decision to the effect that. In view ot
the statement of former Judge Wing, at
torncy for the defendant, that he would
bo unable to prepare the case properly in
time for the June term ot court and be
cause considerable time would be re
quired after the filing of the transcripts
on both sides, the caso would go over
until the Fall term: but that In the in
terests of speedy justice this case would
precede all others at the October term
of court. This will bring It up for hear
ing October 3.
Judge Harris Out on Bnll.
LEXINGTON, Ky.. May S. Judge
James Hargls, whose trial for the mur
der of James Cockrlll resulted in a hung
jury here last week, was granted bail to
day .In the sum of $23,000.
MORE WITNESSES CALLED
Ex-Prcsldcnt of Beef Trust Before
Grand Jury.
CIUCAGO. May 8. Jesse P. Lyman, cx-
presldent of the National Packing Com-
pany. was a witness today before
the Federal grand Jury tavestigatinjr the
beef Industry. Fifteen additional sub-
penas were issued at tho request of the
Jurors. The subpenas were said' to be a
result of the testimony given by Mr.
Lyman.
TRUST OFFICIAL MUST AXSWER
Hale Must Tell About Affairs of To
bacco Trust.
NEW YORK, May S. Judge Lacombe
in the "United States Circuit Court to
day announced that he will sign an or
der fining Edwin F. Hale, secretary of
the McAndrews & Forbes Company, $500
ior having rerused to answer certain
questions asked him in the investiga
tion being rsade "by the Federal grand
ury or tne ABsencan uoDacco Com
pany, and also &n order committing
Hale to the custody of the United
States Marshal until he purges himself
of the perjury charge. Counsel for
Hale will apply to the United States
court or Appeals 'far a writ of habeas
corpus.
Among the questions -which Hale re
fused to answer was one asking If any
agreeraent or understanding existed
between the American Tobacco Com
pany and Ine McAndrews ic Forbes
Company in reJtk to the trade or
tottslaeec in lkerice paste or aCectlnx-
tke- Vastwesg -is several' states ief -tfee
ttman, Jacob H. Scliirr. C. B. Alexander.
m. iiartiey uoage, j. f. Denavarro. Brad
isn Johnson. August Belmont, D. O. Mills.
oeorge J. uouia. Tftomas.T. Eckcrt. Al
vin W. Krech. John J. McCook. H. N.
Alexander, David H- Moffatt and Joseph
The conference was called to order by
.air. bchlfr, who said that he was not
alone responsible for tho meeting, but tho
directors had spoken to him of the neces
sity for the meeting and also of confer
ring on the present situation and condi
tions in tho society. Charles Smith was
made chairman of the conference.
It was decided that it would bo unwise
to adopt any resolution before tho report
ot me investigating committee. Tho only
affirmative action taken was that the
board should be called together not later
man .May 5L
Concerning the absence of Chairman
Frick. a director said that Mr. Frick had
sent word through Mr. Harrlman that he
was in sympathy with the object of the
conference but felt that, because of his
position as chairman of tho investigating
committee, it might be Indelicate for him
to attend. Mr. Frick also sent word to
the .meeting that tho report of his com
mittee would be submitted to the direc
tors not later than the last of the month.
The statement Is made that no demand
was made at the conference for tho retire
ment either of President Alexander or
Vice-President Hyde. It was not denied
that the names of several men of distinc
tion were mentioned in connecion with the
presidency of the society.
The following statement was made to
day by a director of the Equitable Life
Assurance Society:
The rail for today's mrtlng of the KquH
able directors rrai twsurd by some of the con
servative mwnbfra of the board, who recently
arrived at tlve conclusion that romcthlns murt
be done at once to repair the society's falling
fortunes. The conference in the fullest sens'
will le Informal, and every director present
will be ariced to exprees M views, and If
pcwdble offer a plan to oH-c the exlxthis
difficulties. It will be a frank, heart-to-heart
talk, and for that and other reasons It was
deemed advisable' not to Invite tho executive
officers. The directors realize that the public
Is heartily sick of the- bickerings and petty
Jealousies of these officers. It lit not the pur-
pos- oi me con i ere nee to demand the resigna
tions of Prcaldcnt Alexander and Vlce-PreI-
dents Hyde and Tarbell. though the advisabil
ity of such a course doubtless will be dis
cussed. It is expected that some of the conferees
win micrcrt one or more names to succeed
President Alexander, but tbe reports that any
particular Individual has been selected for the
position ore untrue.
A suggestion by implication was made
during the conference when M. EL In
galls. after a speech in which he told of
the necessity for a speedy settlement of
the difficulty, urged for the society an
executive of capacity, a man ot busi
ness experience and reputation.
"Wo must get a man of the size and
ability of Grovcr Cleveland." said he "if
he want to get the Equitable out of the
present predicament."
opened here today with aboib e dele
gates in attendance. The jH-eMet is
r eruMt, a. Stouts. Among the
former officers- present were: A. X). Thurs
ton, of St. Lento, senior president, and
the founder of the order, and D. G. Ram
say, of Chicage. and M. M. Dolphin, of
New York, ast presidents. The question
of amalgamating with the Commercial
Telegraphers; Unton ef America will be
considered. The Order of. Railroad Teles
raphers has a membership of and
tne commerclalbody claims a total of
13,600 members.
May Record for the Victor Talking Machine" Just Received
PLOT TO
SEIZE
LOUBET
French Officers Testify Against Men
Accused of Conspiracy.
PARIS, May 8. Five persons, including
Captains Tamburtna and Votpert, were
before the Police Court today charged
with -plotting a conspiracy against the
state and having in their possession mili
tary equipment and ammunition. Several
officers testified that Captain Tamburlna
had proposed the seizure of President
Loubet and the Ministers, the palace and
other public buildings.
The accused denounced the statement,
saying It was merely a friendly conversa
tion between brother officers who had dis
played indignation against the system of
secret representatives, and officers ad
vanced the proposition, not seriously, but
as an argument as a capital way of show
ing disapproval of tho system.
The reason for possession of uniforms
and ammunition, tho accused claimed, was
the foundation of a colonial enterprise.
JAPANESE SCOURGE OF GOD
Kal.-cr Holds Them Up as Examplo
of Patriotism.
BERLIN, May The Evangelische
Kirchen Zeitung today prints a detailed
report of Emperor William's remarks
when speaking to the naval recruits at
Wllhelmshavcn on March S. According
to the very brief report published at the
time, ho cited the Japanese as a luminous
example of patriotism and soldierly fidel
ity. The paper's resumo of the speech is
as iouows:
The Emperor referred to the heroic deeds
of the Japanese and added that these are
born of Japanese patriotism and lore for
children which In turn resulted in plendld
discipline In the army and navy. One must
not, however, draw the conclusion from Jap
anese victories victories over a Christian
people that Buddha is superior to our Lord
Christ. The Japanese could show many
Christian virtues. A good Christian makes
a good soldier. Among the German people,
too. Christianity is In a sad condition and
he doubled whether we German. In case ot
war. would have the right to pray God for
victory, to forco it from him like Jacob
wrestling with the angeu The Japanese are
the scourge of God like Attlla and Napoleon.
It devolves upon us to take car that God
does not chastise us some day with such a
scourge.
KAISER PLAYS WITH SAILORS
He and Empress Hldo Oranges for
Thcro to Find.
BERLIN. May E. The Neuesle Nach
richten today printed a letter from a
member of the crew of the Imperial j-acht
Hchenzollem describing the Easter day
romp of Emperor William and tho Em
press- After the sailors had received
their Easter eggs and other presents they
were all sent below while their Majesties
hid oranges In tho cabins and various
places around the deck, for which the
sailors hunted.
"You have found all but two." said the
Emperor at length, and there was a fresh
hunt. Finally one of the sailors saw the
Emperor's pocket bulging and reached
his hand. Into it and took out. an, orange.
The last missinir oransra. was found in th
Empress parasol.'
THlXKS' lT'S A MLVLVG SCHEME
Brazilian Diplomat Makes Light of
Dc Hcrrcra's Plot.
IX)NDON, May S- The chare d'af
faires at the Brazilian lecatlon I n Lon
don, discussing the Madrid dlsnatrhcR r.
garding the arrest of Dc Herrera. In
formed the Associated Press todav that
Adolphe Brezet. the self-stvled "Pu
dent of the Republic of CounanL" had 1
own living in Joncion for a vear "nast.
continually under surveillance, but the
legation did not believe that ho had pur
chased arms or recruited any army and
no slops had been taken lookine to anv
arrests In London.
The legation did not attach much Im
portance to the plot disclosed bv th
turcd papers In Madrid and regarded the
wnoic arrair in the light of an rforf n
the part of certain people to sell mlnlnsr
concessions In Counanl on the chance of
ortngmg on a coup which in reality was
never intcnuea.
ftan,6lfe d Co.
fireat Embroidery Sale
Today we place on sale the balance of the lot from our srreat famous em
broidery sale. It was impossible to wait upon the great throng that filled our
cmDToiaery aisies. it was tne most uvciy selling ot all our NOW Jb AMOUS
EMBROIDERY SALES. Expect the balance will last through the entire- day.
The selling WILL, START PROMPTLY AT 8 O'CLOCK. EARLY COM
ERS HAVE BEST CHOOSING.
$1.00 to 50c Embroidery at 25c
$2 Allover Embroidery at 97c
$2 Embroidery Flouncing 77c
Great Millinery Bargain
$1.50 Straw Braid 37c
iooo pieces fine quality Straw Braid, comprising wood, yctta, silk
and lace braids, all the new and wanted colors. This will be the
last opportunity this season to buy these braids at such BAR
GAIN PRICES. Regular values $1.50 to S1.00 for 10-vard
pieces; today your choice at 37
Cloak Store Bargains
$22.50 Tailor-Made Suits $1275
$12 and $10 Silk Waists $5.98
$8.50 Walking Skirts $5.85
$1.00 Newest Shirtwaist Silks 7
Our Great May White Sale
Still Lm Force, Offers Exceptional Bargains
$1.50 White Dress Goods 98c $1.00 White Dress Goods 69c
9c J
Y
. WHITE GOODS SALE
20c White Persian Lawn at. . . .7 -UC
40c White Brocade Waisting 30d
25c White India Linen for 19(i
GreatestBargainsinMus inUnderwear
POLICY-HOLDERS ARE SECURED
Superintendent Hendricks Issues He
assuring: Statement to Them.
ALBANY, X. Y.. May S.-Superlntcnd-cnt
or Insurance Hendricks makes public
today the following statement:
To the PoUey-Holdcrs of the Equitable
Life Aturanee Socletr of the United States;
Thi department Is In receipt of numerous
inquiries concerning: the controversy now
pending with the management of the Equit
able AMuranee Society of the United State
New York, and particularly as to the solv
ency of the- society. In order to Hiv- ,
anxiety of all the policy-holders. I deem It
proper t.t this time to ssy that In connec
tion with the investigation of the society
now In proeres by this department. I am at
this date sufficiently well Informed a tr. it.
condition and unhesitatingly state that It is
financially sound and that all Its contracts
to policy-holders are fully and safely jusx-
Bracket! Will Bring Xew Suit
BALLfiTOX. X. Y.. May 8.-In the Su
preme Court here today an order
granted discontinuing the action of Marv
&. louug. or Saratoga, against the
Kqultable Lite Assurance Society and
James H. Hyde. The application was
made by Senator Brackett. attorney for
the plaintiff, who desires to commence 2.
similar actios under tbe authority grant
ed by Attorney-General Mayer. "
Rallread Telsgrapliers ia Sees I oh.
BUFFALO. X. T.. May S.-TH initial
meeUnr ef th flftfe -Weml and l&th
reguter Sfostm f tsie Gr&adBirtefefj t
uk hjnic -er MkKread
CRETANS SEIZE CUSTOM HOUSE
i-orcign warships Sent to Hcdiicc
Rebels to Submission.
SPECIAL CAULK.
CAh.A. ilay 3. Crctcan Insnrcpnts
have seized the custom-house at Kastecli
and are collecting the duties.. Fifteen
gendarmes were taken prisoners by the
Insurgents. Several foreign warships
cuargca wiui me auiy ot preserving peace
In Crete have been sent to Kastecli to
cxpci tne insurgents.
Festival In Honor of Cervantes.
.MADRID, May S. The tercentenary or
the publication of "Don' Quixote" was
observed today as a holiday throughout
me country, witn norai festivals and the
unveiling of monuments to the author.
Cervantes. The streets of Madrid
swarmed, with sightseers. Last night
there was a military torchlight procession
which afforded a splendid spectacle. De
tachments of all arms participated, and
In the cortege was an electric Jlght in a
car bearing a, bust of Cervantes, which
the dense crowd cheered with frantic enthusiasm.-
An academic festival at .the
Royal Academy was the feature of the
day's programme.
March of German Mission to Fez.
TANGIER. May S. The German rais-slo.-
headed by Count von Tattenbach
Ashold, has arrived at Alcasar-Keber,
SO miles northwest of Fez, where It
was met by an Imposing detachment
of cavalry, which will escort the mis
sion to Fez. A number of troops have
arrived here" to escort the British Min
ister. Gerald A. Lowther, to Fez.
Winners or Schiller Prizes.
BREMEN, May 8. The board of Judges
of the German Schiller Society has divid
ed the prize of $1506 ofTered for the best
play written during ISOi in Germany
equally between Gerard Hauptmann, au
thor of "Rlscberdt": Karl Hauptmann.
author of Thc Miner's Tool Make." and
Bcre Hauffman. author of "Count von
Charolais."
Germans. Killed by Hercros.
BERLIN, May 8. A force of Hereros &h
April 27 fell upon a German colusn un
der the cow ih ami ef Captain Wiaferfeldt
in the mountains east of Ganaats. Ger
raaaT Seatawest Africa, and ia a lively
fight that fallowed IS Germans were
killed or wouaded. The a&tlves were
beatea-o with the lose of X bub killed.
, Profit or Japan's Railroads. '
TOKIO. May S. The profits ef tke gor
emaet TaJtreaee for tke fecal year were
"C""g ?tote:kjr;sHit
WHITE SUITING -SALE
20c Oxford Suiting at - 16
20c Plain Duck at 17
20c German Suitine; at 16J
Greatest Bargains in Lace Curtains
XJpmaruWoi-Te & Co, j
C T ZEN
SHUT OUT
Chinaman Bom in America
May Be Excluded. .
SECRETARY MAY DECIDE
Supreme Court- Upholds Order Ex
cluding Ju f uy, an American-
Born Chinaman Returning
From Visit to .China.
WASHINGTON.. May S. In- the case of
Ju Tuy the Supremo "Court of hie United
States held that the decision of the Sec
retary of the Department of Commerce
and Labor is final In Chinese exclusion
cases. Ju Is the son of Chinese parents.
but claims to have been born In the
United States. His exclusion was ordered
after a- temporary visit to China and he
took th case to the Federal Court.
In passing on the Secretary's right to
order exclusion in such cases. Justice
Holmes, wbo delivered the opinion, said:
The petitioner, although phyalcaUy within
the bousdarics. Is to be regarded as If he had
bten stopped at the limit of our jurisdiction
and kept there while his risbt io- enter was
under debute. If, for the purpose, of arsuaient.
we assume that tne fifth amendment applies
to him and .that to deny entrance to a citizen
1? to deprive, him of liberty, we nevertheless
are of the opinion that with regard to falm
due process of law does not require a Judicial
trial.
Justice Brewer delivered a vigorous dis
senting opinion In behalf of himself and
Justice Peckham. Justice Brewer said
that Ju Tuy had been- judicially adjudged
to be a cltlaen of the United States, and
added:
There can he. no punishment except for crime.
Th! petitioner has bee guilty of ae crime,
and it has been ao detemlaed. Tet ia ce
Aaace of thl adjudication ot laeeceace he is
compelled to setter ptwistmeet a criraisal
end is denied, the protection of a graad or
petit Jwy. The statutes ef the Us i ted States
enreeMy limit tne anaaiy or tne detersH&a-
Uoe of tbe taualfraloa ofer hi the eases of
aflees. It alee fees been coasMered by the.
GorerBseeat that tbeee statutes ee set apply
to eitlseas. ana yet In tbe face of ail tble
we are tetd that tbe rates ef the Deeertmeet.
oi ceeMseeee aae xsee .asey ee eefereee
satm ttlses ae that Congress se ta testes'.
I cebwor beUeve the Ceagrese HUbxW te
prevtee tfcet a- ciwsee. stats- bocsuse be.- be
bHsae bsssi ebsMxsew ?ee. cea ibe 'eserfved
ec a. taw liberty ' fretoettoawtiM rCaat
slitution guarantee arrl. If to Intended, I
du not tcllee that It had the power to do so.
THE DAY'S DEATH RECORD
George V. Lyon, Xcw York.
NEW YORK. May S.-Oeorge W. Lyon,
surveyor of the Port of New York under
President Harrison, and more recently
judge or a minor court in the Thjlipplnes,
is dead at the home of his son In Say
brook, Conn. He had been 111 for a long
ilme. Lyon was prominent In politics
here for many years. He returned from
his post in the Philippines over-a year
ago broken in health.
Hublui, Famous Singing Teacher.
EW YORK, May S. Kduardo Rubin!
Swinfln Jcrvis, better known as Eduardo
Rubini, once a distinguished singer and
teacher of vocal, music, is dead here,, aged
63 years. He was born at Rome. The
British Royal Princesses were his pupils
in singing for several years. Among his
pupils were Volplni. Scallsi, Paulino Luc
ca, Marimon, Cotognl, Joseph" Maas and
Campanlni.
Hackcnschmidt Throws Mnupns.
MONTREAL. May S. HaukenschmMt
tonight undertook to throw Maupas,
the Canadian champlpn, three times in
one hour. He accomplished the task
with ease In 21 minutes and IS seconJs.
Scrofula
It is commonly inherited.
Few are entirely free from it.
Pale, Treak, puny children are
afflicted with it in nine cases out ot
ten, and many adults suffer from it.
Common indications are bunches in
the neck, abacesees, cutaneous erup
tions, inflamed eyelids, sore ears,
rickets, catarrh, "wasting1, and general
debility.
Hood's Sarsaparilla
and Pills
Eradicata it, positively and absolute
ly. This statement is based on the
thooMnds of permanent curs these
medicines hare wrought.
uMy diagater: bad scrcrfala, wlta derm
KfM Ms her neck aad aboat her ears. Hood's
fcrfapaiiBl was highly recommended jaA
she ik K acd was eared. She te sew ia
ft hetJfch." Xas. J. Hi Jess, Parker
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