Morning journal and courier., 1890-04-30
N0Wo " i0'o6'"P" FRON ALL QUARTERS. EXECUTION POSTPONED. KemmIer's Case to go to the Supreme Court. A: FLORIDA STEAMER BURNED. Strikers Attack Troops in
 Austria. IA PUBLIC BUILDING BILL VETOED. The Proceedings of House
 and Senate.
A PUBLIC BUILDING BILL VETOED.
A STAY FOR KEmmLER.

A STAY FOR KEMMLER. A Writ of Habeas corpus Issued by Judge Wallace of the United States Circuit Court-Text of the Writ What Kemmler Said-Argument 10 be Heard at Cananda1gua June l6.
 AUBURN, April 29.-United States Circuit Judge Wallace has issued a writ of habeas corpus for Kemmler, returnable at Canan- daigua June F, which stays the execution. The ground for the writ is that the act under which execution was to take place was in violation of the constitution. The text of the writ is as follows:
 The President of the United States to Charles F. Durston, warden and agent of Auburn prison:
 Greeting The people of the United States whom God defend, do command you that you have the and and whatsoever name the said William Kemmlsr is called or charged before the circuit court of the York to be held at Canandaigua on the third Tues day in June at 10 o'clock in the forenoon.
 Witness the Hon. . Melville W. Fuller. chief jus Fail not at your peril, and have you then there this writ.
 On the back of the writ is thh endorse ment: "The within writ is granted this 29th day of April, 1890.
 (Signed) WILLIAM J. WALLACE, Judge of the United States District Court" NEW YORK, April 29.-The writ of habeas corpus granted by Judge Wallace in the case of Kemmlsr, who was to have been executed by electricity at Auburn this week was given on the application of ex-United States Dis- trict Attorney Roger H. Sherman of this city. MT. Sherman saw the judge in his prlvate rooms late Monday afternoon and obtained from him the papers which did not become a writ until signed by Clerk Doo- | little of the northern district circuit court at Utica. Several lawyers interested them- selves to secure the writ, among them Bourke Cochran.
 AUBURN, N. Y., April 2o.-Kemmler did not show any particular feeling when Ward- on Thurston explained to him that he had at least two months longer to live. "Oh," he said as the truth seemed to dawn upon him, l 'that makes me feel much easier" His face was expressionless as he walked away and sat down.
 MT. Sherman will not say who retained him. He simply said that he was Kemmler's counsel and that the writ obtained was oper- ative. The court of appeals of this state passed upon the law and decided favorably upon 1t merely as it affects the constitution of the state of New York. Now the entire question is thrown into the courts of the United States and the question of the federal constitution ib involved. The act of congress of 1878, under which the ap. plication is brought, has already been con- strued by the United States supreme court. It was intended to cover the southern out- rage cases when violations of the election laws were common. The supreme court, in passing upon case wherein 1t claimed that the eighth provision of the constitu- tion applied to state laws imposing certain punishments, decided that the provision applied to national and not to state legal violations. A number of leading | off har nnio ko to-day that the application will not be successful, as it is clearly within the limits of the decision referred to. Mover theless there is long road to travel before the end will be reached. When Kemmler is produced at Canadaigua on June 16, the first argument will be had. That may last for several days and 1t may be weeks before the decision of the court will be handed down. If it is against MT. Sher man he may take the case on appeal to the United States supreme court at Washington It2may take months or years to set the ques tion fully before that court and 8 still longe time to reach the final decision. Meanwhile it Is asked whether the step taken to-da, will result in delaying all the expected cleo trical executions in this state. There ar three men in Sing Sing prison under sen tence now.
 HIS SECOND VETO. Presldent Harrison Refuses 10 SlxI
 His Name to a Bill for Public Build
 ing at Dallas, Tex.-His Reasons Sc
 Forth.
 WASHINGTON, D. O., April 29.-The prosl dent sent to the house to day a messag vetoing the bill for the erection of publi building at Dallas, Tex. The bill made a appropriation of $20O 00O for the construe D tion of an addition to the building complete in 1888. Ths president calls attention t the fact that the bill as introduced in tn house provides for an appropriation of $l00 900 and that the committee on public build ings and grounds after consultation with th e supervising architect of the treasury depart ment recommended the appropriation of ths amount. The postmaster at Dallas says tn president claims that the additional accomms : dation needed will require the erection of Q addition two-thirds as large as the preser building. The supervising architect wrot s to the senate committee that an additio : larger than was required could could t E erected for the amount at first proposed n $1OO,O00. Under the conditions the pres dent believes the proposed appropriation to large. and he therefore vetoes the bill. + Following the statement of his reasons fe the veto, the president says:
 
 D buildings has not proceeded, 80 far as I ca :, trace, upon any general rules. Neither pol ulation nor the extent of the public bushes n transacted has always indicated the point where public buildings should first | T. built or the cost of tho structur tt It cannot be expected that in the sbsens of some general law the committ' | of congress having charge of such matte ,t will proceed in their recommendations upc al strict or equal lines. The bills are individu
 and if comparisons are attempted the necei sary element of probable future growth made to cover all apparent inequalities. will be admitted, I am sure, that only pull , lie need should suggest the expenditure
 the public money and that If all such nee'
 cannot be at once supplied the most gener
 and urgent should have the preference.
 am not unfriendly to liberal annual expe
 allure for the erection of publ E. buildings where the safe and conve
 ient transaction of public business d
 mand it and the state
 the revenues will permit. It would be wise in my opinion to build more and less cost 0i houses and to fix by law the annual expe w allure for this purpose and some order m preference between cities asking for bull 10 10 ipgs. But in view of the pending legislati' d, looking to very large reduction of our re