The morning call., 1894-02-16
GIVEN THE PRINCE
ColOnna Gets the Three
Children.
NOW LET HIM FIND THEM.
John Mackay Is Backing His
Daughter.
NOW LET HIM FIND THEM.
HERE is A PARADOX OF LAW.
The French Court Decides That 1t
Has No Jurisdiction, and
Then Ii Rules.

PARIS, Feb. 15.-The Fourth Civil Cham
Der declared the French courts incompe-
tent to try the suit of Princess Colonna
against her husband for a legal separation
and the custody of her children. and the
chamber made an order giving the chill
dreD, Professionally, into the custody of
their father.
The court says a suit ofthis kind against
the Prince is actiOnable only in Naples,
and it will be necessary for courts in that
city to settle the question of the temporary
care of the chiluren of the marriage pend
ing final decision there. In the preamble
attached to the Judgment the court recites
that the children were temporarily con-
fided to the care Of the Princess on condi-
ton that the Prince be allowed to see them
three times week. The Princess had vio-
lated the decisions OF the court and pre-
vented the Prince from seeing his chill
dren. The Princess has now executed the
project of abduction, which she audaci-
ously attributed to her husband, aud the
order appointing the Princess temporary
guardian of the children is Withdrawn and
the Prince ordered to be guardian. 1t is
ordered that the children be placed in the
care of their aunt. the Princess StigIiano
of Paris. and the Princess Colouna will be
allowed TO visit them on Sundays and
Thursdays from to O'Clock in the after
noon. Ii is further ordered that the
children be handed over to the Prince
within twenty-four hours, and in the event
OF failure to comply with this order the
Princess will be fined 800 francs daily for
three months. II at the end of three
months she continues to disobey this or
der the court declares that it will take
stronger measures to enforce the mandate.
The Princess is condemned to pay the cost
of action.
NEW YORK, Feb. 15.-John Maekay was
shown this afternoon cable announcing
the decision of the French courtln relation
to the suit brought by the Princess Colonna
for separation and the possession of her
three children.
Mackay had spent the entire day listen
ing to lawyers wrangling in Part 2 of the
Superior Court in his suit for $4,000
against Ed Stokes. He read the points
made by the French court and smiled.
Then he said, as if TO himself:
THAT is rot
He was asked which he considered
''rot," the court or the decision. :.
"Oh," replied he, never mind. don't
care to discuss the matter"
From his demeanor it was evident tha
Mackay did not care a good American
copper cent how many decisions the
French court made in his daughters case.
She is in this city and her three children
are with her. She is very likely to STAY
here for some months.
Among lawyers the decision of the Paris
tribunal is considered a legal paradox.
The court holds thatit has no jurisdiction,
yet it directs the Princess to return the
children to her husband.
The Princess refused TO be interviewed
upon the decision. but her brother, John
w. .Msckay Jr., said she is not worrying
about either French or Italian law.
'She brought her childrent to this coun-
try" said young Mackay, because she
was informed that the Prince had formed
a plot to abduct thems As matters turned
out the Prince was a trifle slow"
A personal friend of John W. Mackay
Jr. this afternoon said the decision was
inst what Mackay and the Princess ex-
pected. IF the Prince comes over here"
the friend said. ''he will stand absolutely
alone. He hasn't friend in Americas
The Prince himself is penurious. ana I
uOu luIuh Vi tD6 COlDDnd
family could pay his passage over and
back.
"The other branch of the family is rich,
however, and as every Colonna in Europe
is angry at the Princess the Prince will
doubtless be helped out. Mr.. and Mrs.
Ma ckay are backing their daughter, and If
the Prince comes over the old gentleman
will give him hard tussle."
The Princess walked out this afternoon
with her children and later took drive
through the snow and water.
The Princess Colonna cannot. of
course. at once comply with the courts
orders, she being now in this country with
the children. The fine fixed for the failure
to deliver the children into their aunrs
care must therefore be imposed at least
for the length of time necessary for her
retuln with the children to Europe If she
is so disposed
JUBAI EARLY'S FAIJ