davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06

move Judge Cox argued. was inneren' ~ '.e
nowor N oppo,nt, and could be limited only
~ snocifc LEGISLATION. But the lcglslatioh oh
which tho Executive orders OF 1870 hnu lo''
,.ore boscd-thc Civil Service act OF 1SS3-coh'
,oined no provisions which justlhed the re-
s,rictions laid on the power Of dismissal ny the
orders themselves In any legal view, there
fore the nroclamatons Of November = $780,
md Of Julv 81. 1891 were ultra wires ana Voiu'
opd could afford no ground Of redress 10 peti-
tioners who appealed in the courts TOT their
enforcement. Such regulations might DE con-
sdercd as establishing IAN internal pohcy
for an Administration; but their application
said the Justice, was "a matter between the
"Presldent and his CaDlnet, anu no' "' III "
matter for the courts
The other suit, brought in the United States
District Court Of Indiana by deputy-mar'
sinai threatened with dismissal, was equally
disastrous to the plaintiff. Judge baher' VIM
gave the decision. agreed with Judge Cox that
the Federal courts had no jurisdiction III SUCH
cases md no power to grant remedy. The
true recourse was with the President ana the
Attorney General whose exclusive function IL
was to see that the Civil Service rules were
applied by subordinate Federal officials. Inc
"pOWcr and authority OF the eAccuti'c u'P'i'
"ments." the Judge asserted, ARE ample 10 cor
rect all acts Of usurpation or INSTRUMENTATION
and "the Court cannot assume that the fresi'
"dept and the Attorney General Will not at
"once correct tho wrongful act OF the marshal
"whcn brought TO their attention..
Judge Jackson IS reported as saying last
week. when issuing his Injunction against the
Collector Of Internal Revenue In West VIZ
ginia that he differed from other justices OF
the Federal bench on some OF the questions IN
volycd I'm the oustcd oflice-ho!ders appeal 1or
n STAY. and that ne considered the granting OF
n restraining order TO be clearly within the
Jurisdiction Of the court. But. whatever the
result Of the rchearng ut Wheeling, tho true
validity and scope of the two Executive Orders
will perhaps not he fairly established until they
are subjected TO the final scrutiny OF the SUI
nrcme Court. The effect Of this ultimate 1ndg-
mcnt on the workings Of the Civil Service sys-
tom may be dismissed, Of course, as largely
academic; for probably no Administration FOR
years TO come will venture 10 abandon the
present orders MS an essential portion or rs
internal policy" Yet the present struggle In
the courts has, however, nm undenaDle bearing
on tho future Of the American Civil Service,
and its outcome will he watched with incrcas-
Ing popular interest.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
PARK BOARD AND RAPID TRANSIT.

The Park Board has done well In reconsider
ing the vote by which n fortnight ago it de-
clined to approve the plans of the Rapid transit
Commission affecting Battery Park. That I'M
expected obstacle. suddenly interposed after
the Board had seemingly yielded It's consent TO
the underground construction. caused much
disappolntment and was In reality n serious
matter. inasmuch as 1t threatened delay
which. under the circumstances Of a changing
government might have been fatal. The
prevalent feeling was that the Park Board
laudably desiring to exercise lis trust with
scrupulous regard to the public interest, had
not INQUIRED closely enough into the case and
had consequently committed the error or
blocking a public undertaking OF the highest
inheritance for the sake Of avoiding a com
Daratively trivial sacrifice We expressed the
hone nj the time that the Board would per
ceive the proprie;y Of taking broader view Of
the question and reverse its action. This II
has now done, under an agreement with the
Rapid Transit Commission that the details OF
construction beneath Battery Park shall be
subject to It's approval. This is n fortunate
solution Of a difficulty which might have been
even more troublesome than most Of those
which the Rapid Transit scheme has encoun-
tered in its protracted record Of disappont-
ments.
OF course, this advantage gained settles moth
ing decisive, and 1t Is possible that the city
may shortly find itself completely stalled once
more In its effort to obtain something like an
adequate transportation system. At the same
time there have been no Developments In the
course of the inquiry by the Supreme Court
Commissioners which suggest a probability
that they will dlSapplove the plans while the
necessity Of relief from existing conditions be-
comes greater and more obvious from day to
day There is little or no reason to expect that
the extension and improvement Of the surface
roads will permanently relieve the congestion of
traffic. 1t may be hoped that for time their
cars will not be so overcrowded ns to make
riding in them positive torture, but the popu-
lation increases with such rapdty as to forbid
the supposition that the surface or the elevated
railroad companies can keep up with its re-
ouirements. The people declared by large
majority three years ago that they wanted
underground rapid-transit roads built on their
credit They need, and doubtless want, them
now much moro, and ii will he great msfort-
une If they are not permitted to obtain their
desire.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06

bombarded the siamese forts when France waS ~
war with Slam 1t Is said that he was presenIiSSp
a second time and that, nettled by the kihs co'u-
ness, he withheld his hand
DR.. Wthers c. Watt the well-Knowh E'isn'"
scientist is at present in San Francisco OF MS way
homo from a visit to the eper colonies OF austria
lasa, where he has been studying the oise"'e'
Mrs Sally Betsy Jennings OF Fairheia. oon'.'
who has Just celebrated her hundredth pitthoay'
IS granddaughter OF Orpha Hamilton VIII wa"
a sister Of Alexander Hamilton.
d. L. Moody. the evangelist. is holding series
OF services in Montreal this week. after winch "e
will make tour through Canada, holding services O.
in Quebec Ottawa and other cities, going do A"'
West Winnipeg
Alexander Ramsay Of st. Paul, now eighty-t"o
wears OF age who was appointed by Presioen'
Zachary Taylor first Governor OF Mnhesota' Is
still prominent in all great public movements anu
sneaks with nearly as much energy and force o., ss
he did in his younger days. IL Is relatsu oL M ~,
that when he first visited the Territory IN MS om,
cial capacity he refused TO allow the inltary Gon
mandant there to fire salute in MS honor' et
wei said the commandant. "but let me call out
the guard to receive you. -, n.. x,,or, INV
Don't do IT," replied Ramsay: Il don't want any
fuss made about my being here ..d,r,
"As YOU wish, Governor" said the cornmanIa rn
.but I want to do something to show a proper re-
opect to tn, chief executive OF this IerrttYas
there ANYTHING that you would suggest or desire re-,
'sYes" said Ramsay 'If you have q little sooo
whiskey about tho post II! take a nip
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
AUSTRALIAN Fedora TON.

Progress Is being made-sowly but, It IS to
be believed. Straightforward federal union OF
the Australian colonies. convention was. It
will be remembered, held AT Adelaide in Fcbru-
arv last. Mt which Federal Constitution was
drafted. That document was then submitted to
the various Colonial Legislatures for review and
criticism TO that work much time was given.
The Legislatures had no power to alter the Con-
stitrton, but merely to suggest amendments
and they did the latter with vengeance
Scarcely n clause was passed uncritlcised, and
Oh scarcely one suggested change did any two
Legislatures agree. Finally the little bit Of
Constitution and the monstrous mass Of com
mont. criticism and advice were submitted to
the convention again. when 1t reassembed at
sydney few weeks ago. Had the convention
been compelled to accept all or any Of the legis
lative suggestions. the whole scheme would
have failed. For the action Of the Legislatures
was almost invariably against federation. But
the convention had a free hand, it was gov
erned by spirit Of reasonable compromise. and
the result OF It's deliberations bids fair TO be
n decided step toward federation.
There were two serious matters OF dispute
The composition of the Federal Senate was one
The smaller colonies wanted equal representa-
ton In II for all. regardless Of size: Just "a
there IS for the States In the United States Sen
ate The big colonies wanted representation
according 20 population. The other point was
the power 10 amend taxation and appropriation
bills The small colonies wanted the Senate to
have such power on the American plan: while
the large ones wanted the House of Represent
ativcs TO DO all-powerfu. and the Senate to
have merely m advisory or perhaps suspensory
function. IS in Great Britain. The outcome has
been compromise. The large colonies have
Welded on the first point and the small ones on
the second. Thore will be. according to the
present state Of the scheme. equal representa-
ton in the Senate. and the House OF Represent
atlves will have fun power over money bills
OF course there are other questions ut issue but
none as serious rs these. and all will doubtless
he satisfactorily settled by the convention.
When the convention has completed It's re-
vision. which 1t has probably done by this time.
the Constitution will be submitted to the pop
ular vote of each colony. Each voter will vote
aye or nay OH the entire Constitution, and the
vote Of each colony will be reckoned. according
TO its majority. as unit for or against the Con
stltutlon. II tho vote be favorable TO adop-
ton. the Constitution will be referred to the
various Legislatures. and each House Of each
Of them will be asked to forward 1t separately
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
.,, Nth ov,dent reluctance: There

m CIV tbough with evident reluctance: Inere
"can he no pretence but that the administration
"of the last three years has been in every de-
"nortmont Of the city governments OF New-forR
"apJ BROOKLYN a vast improvement upon the
"odr,nistrations that preceded it, The other
WIS Seth Low, who in two terms rs Mayor or
prooklvn had made conspicuous success. The
logic Of the situation pointed unerringly to one
or the other Of these two men. Their names
were on all lips. For many weeks after dls-
cussion began no others were mentioned
Mayor Strong declined to be considered can
dlda;e But--just here-suppose he had not
SUPPOSE he had permitted the use OF his name
Does any intelligent voter who knows the re-
lat!ons or lack Of relations. that have existed
between the Mayor and the Republican leaders
during his entire term Of Office believe that they
would entertain for a moment the Idea OF max
ing him their choice? Mr.. Low was then, the
most natural and logical candidate. II may
have been poor politics for the young and ar
dent spirits OF the Citizens Union to urge his
nomination at so early date, but they were
earnest and impulsive and could not be re-
strained BY Mr.. lows own good judgment
they were kept back from positive action untii
they had demonstrated to his satisfaction that
they had behind them body OF over looVoo
voters who earnestly advocated his candidacy.
He was nominated. He Is in the field as the
representative, and the only representative, or
the principle embodied in the new Constitution
as enunciated in the address above quoted. lie
will continue In the field Is there any good
reason why Republicans who believe the Con-
stltutlonal Convention acted wisely and honest
" should not suDnOrt him?
The issue is distinctly made In plain terms
It is whether the voters Of New-YOrk will sup
port the principle Of non-partlsan municipal
government, which Mr.. Lauterbach said, IN
signing the address. was both practicable and
desirable, or will vote 1t down upon his later
declaration that Tammany Democracy Is better
far than non-partisanshp. The Republicans OF
this city have their choice Of Lauterbachs.
There are two Of them.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
THE NEWS THIS MOhNiN"'

,,,,,c,, The programme Of the Spanish
,souais Ia TO be carried out as soon as p .1,o
80. strong efforts are being put io.'n us,ent
friends of Captain Genera Wo,;,e met but the
iiI ms attracted little attention. .ne w..
oof confidence is regarded by the 80 ~ the
equivalent to the acceptance % Afshanistan has
S%,sbe1 HIS reply to the petition OF Tue "a. ~
prbo appiied 10 him for assistance asa,tI IN
I,rjtish. he has also Issued prociti'i e. tics
~ ssCbans - The bodies Of more lan ia, o
IN ia sought salvation by burylne thei.
soIyes alive have been discovered near Oue''"'
In Russia. . 4, nro.
DONrsTIC.-The State Department IS Pr
ceed.ng with the arrangements 10, delegates
conferences: the names OF the JaPanee annointed
were announced. - The Presid Ie,aa pr nd
Taurits $. Swenson Minister to Deniilain N, az
T)r Edward Bedloe Consul at CaHtoi Inc .,.i
- Tho Executive Committee or me Nation a:
Municipal League at its meeting IN % 'a
annonted a subcommittee TO WORK ioi .ie e,o .
t,pr of Seth Low - The defence In tne Luet-
er, 90 co rested: Luetgert did not TESTIFY IN ms
6wn behalf - The Viewer faction Won IN 1n ',
CLINTON County Republican Convention, io.,
made up by the County Commi'tee na pai,,,nore
excluded by a court injunction. = baitiIi , 9
Won the second game in the Tempe Cup sei .i
- The first regular meetings OF lhe I'M ,nia
Endeavor Society's state convention "e'e "e'N
in Elmira a
r,eetinq IN Cooper Union, and platform was
adopted - Judge Wallace was 1ori ma 'o,.
of his nomination for Chief Judge OF the o9ul : :
of Appeals Richard Croker appealcu a.
~ r,eetinq OF the Tammany Hall Executive
Committee and gave orders for the prosecution
Of the campaign. - The Board OF Estln1a re
appropriated 100000 to make the atera s1n 900
tbe civ Hall - The libel suit for SZJ",VU
damages brought by the Rev. Dr. Daniei -
Potter against John d. Rockefeller. was ois.
missed by Justice Gdersleeve, DR.. Potter h ot
being able to proceed with MS case'
Stocks were dull and weak.
THE NEUTRALITY-SUSPICIOUS. for TO-DAY
Fair and warm. Temperature yesterday: High
est 6S degrees; lowest. a. average oil.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
PERSONAL.

The Rev Il. Fay Mills, tho evangelist who re-
comfy became affiliated with tho Unitarians Will
begin n series OF union religious meetings In Bos
ton oh October TO- At the preliminary meeting the
Rev. DR.. Edward Everett Hale Will preside. and
Horace Sears, chairman of the General Committee
win present 10 Mr. Mills an address signed nv
prominent ministers and lavmcn OF Boston Tho
occasion will also take the form of a reception 10
the Rev Mr. Mills ana Mrs. Mills.
Senator Cafrery. OF Louisiana, in speaking the
other day OF tho water hyac!nths which ara 90
seriously impeding navigation In his State said.
'If | don't get rid OF those hyacinths tho people
viii never elect me TO Congress again.
James Lano Allen. the novelist will soon visit
England.
Monsgnor Nugent. Of Liverpool England who
has done so much 10 rescue homeless BOYS and
girls ia paying visit to the Northwest and
icctred the other evening In Mlnnea polls on .rhs
Wallis and Strays Of Liverpool
The Rev. Eliot White curatc OF Grace Church
In this city. has accepted the rectorsh!p OF q,
Johns Episcopal Church. Worcester. Mass
When Vice-Admiral Mot OF the French Navy
was presented to the King OF Slam recently he
found himself in an embarrassing position for II
was he who commanded the French notilla which
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
MANHATTAN THEATRE.

Whether not THE First Born" presented last
evening at the Manhattan Theatre. is Chinese
as II processes 10 be is question for the Oriental
ist. 1t certainly has In II something OF the uni
versal human that makes II convincing and proper
TO tho West as well as TO the East. II depends
little upon stage artifce though the two are
appropriately set and the costumes sufficiently
realistic. wfe's deser;ion OF her husband the
kidnapping OF his child and the vengeance OF the
husband and father upon the man who caused his
misery make up the sum OF the simple plot. IL is
the absence Of any striving after effect that makes
Mr.. Powers's little play effective. The acting
OF the principal members OF the charac-
terlzed by the same restraint that Influenced the
making OF the play. Mr.. Powers. Chan Wang.
the father bereft OF his little child. calling for
vengeance and finally executing Il, was impressive,
without suspicion OF rantng. and Mr.. Benrimo,
the pipemender and Highlander. bore his part az
the faithful friend OF Chan Wang with credit.
Miss Carrie T.. Powers and George Osbourne de-
serve mention FOR their capable presentation Of
their respective parts. those OF slave girl and
Chinese physician.
\ farce entitled "A Night Session preceded tho
play. 1t was without any merits OF Its own. and
some clever actors failed in their well-meant eff
forts 10 make II Interesting.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
Nmnscmente.


ACADEMY OF MISUNDERSTANDING >. ,or..
BrJOU THEATRE-2-S-Whs Eappent1 20 'o"'''
BROADWAY THEATRE 10 st' i'"e
CAslNO-s-The Belle 81 New OF c,-s
DALY'S TUFATRE-2-6:lS--Tho circus ~, ~. Gina
EDEN MUSEE-wax Works. Grand Cohce''' rim ~
rNpIPE TIffsArRE-c-s:2o-rh The Lathe Mn rT n.-
FIFTH AVENUE TTiEATRE-s;So-ih' A'''
GARDEN THEATRE-sI5--A Bachelors ~ Wsg-Yorx
CAr1ICT, ,rHEATRE--Sf6--A stranger ~ E>'"
GPAND OPERA HOUsE--2-S-New c Ben,e
HARLEM OPERA ROUSE--s:l5-..Ei Sap'"
HARLEM MUSIC HALI1-s-NanceVle-.
GUni "a aonApT- TUTATRE-2-sl5-The fre"0n
,n,M1NsGie u, ~, 7-1,FATRE-e-Ds Godene Eva
ROSTER & BIALS-7 :30--Vaudevh'e..r
LYCEUM s:ib-Chanse, n Hne'' 4, 1880 ..
MADISON SQUARE GARDEN-lV:so d. Ms W
m-Am.rcan Institute Feir
NANHATTAN-S:15-The Frat Born. z N. r-,erlo
PAsTORs-l2 20 II p m - GO ,Vanasv,ile
PLEAstRE PALACE.-l So-'' oo-
PROCTOR S-Vaudevile x-.,- .. <caxe.town.
G1IJ e tn EATRE-2-el5-he r.,ri escue-
WTBER & FIELDS MUSIC HAl-L-|-0
The Glad Hand. y s.,s-rha Sign Of the
18th STREET T'HDATRE-2-e'i'-A"' '
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
COURTS AND TIE CIVIL SERVICE

In spte of recent rcbuffs from the Federal
bench oppeals continue to he made In the
United States courts for the enforcement by
Injunction or otherwise, of the purely Exccu-
tive orders framed under this and tho proceed
ing Administration 10 regulate and govern dis
mlssals from the Civil Service. Within the last
three months elected Federal oficchodcrs in
various parts Of the Union have brought suit
to compel their reinstatement on the ground
that removal in each case had been accom-
plshed In violation of the terms OF the Execu-
tive procanations OF November .. 1896 and
July 81, 1897; and though the decisions so far
given have been IN the main adverse to the
complainants. there IS every Indication that
these searching challenges oc the power of re-
mOval will be renewed again and again In
the District and Circuit courts until their fu-
tlllty or soundness is definitely demonstrated
Oh appeal to the highest Federal tribunal
Only the other day 4 temporary restraining
order was granted in the District Court OF West
Virginia. which estoppcd the Federal Collector
from removing gauger In the Internal Reyc-
nue. Service at Marinsburg, and the hearing on
the continuance OF the Injunction set for this
week, IS not unlikely TO throw n new and In
teresting light on the questions OF jurisdiction
and equity which these successive suits have
involved.
4 review Of the two most important cases
Of appeal for reinstatement so Ear passed or
offers little encouragement TO dismissed en-
ployes who seek their remedy in the Federal
courts. One complaint. that Of John G.. Woods.
formerly superintendent of tho Louisville Post
office. who maintained that he had been re-
moved because Of political or religious opln-
ions or affiliations" and therefore I'm viola
ton Of Mr. Cleveland's order OF November .
1896 was heard last August In the Supreme
Court Of the District of Columbia. Judge Cox,
who delivered the opinion, dismissed the ap-
peal ON the ground that the court had no jurls
dction in the case but at the same time he de.
clarcd that even had jurisdiction been cstab-
lished the Injunction could not by any posi-
biity have been granted The power to re-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
RosENTHAL's COMING POSTPONED.

Mr. Henry Wolfsohn has received Il letter from
Rosenthal under date OF September y. which
postponed the expected visit OF the pianist 10
America until the fall OF next year 1t Will be
remembered that Rosenthal here last sea-
son and gave n concert In Carnegie Hall He then
went to Boston 10 play With the symphony Orches-
ira, but fell ILL., and going Immediately thereafter
to Chicago where he also 10 play with Mr..
Thomass orchestra the disease was diagnosed as
tvphoid fever He was III all season. and seemed
quite recovered when he returned to Europe In
the spring lie continued to gain In health and
strength, and 1t was expected that he would return
70 New-York and begin his American tour on
November L. lie has now written 10 Mr.. Wolf
sohn his manager that, having consulted num-
her OF eminent physicians. they have advised him
IN rest during this entire season. spending the
winter in the Riviera. SO as TO gain sufficient
strength for a series of recitals In London In tho
snrtnr and an American tour in the fall of 1873.
ia ends his letter with the words: II beg OF you.
my dear friend to talk calm view OF this post
ponement which is so painful to me. and hope
mat through our combined efforts we shall be
successful next season.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-06
THE TNWEiRIED THEITREBUTLDER

There is still another report OF a theatre speedily
TO be built IN NewYorl;. Il is TO be. Ii is said at
M great distance from the crossing OF Broadway
and Thirty-,h ird-st., but not in Broadway. II Is
70 be a part OF a foureen-story building the rest
n, which Is to be used for apartments. a roof-gar-
den etc The theatre, though only small part OF
the building is to seat some three thousand peo-
NE II the scheme now under discussion is carried
ou,. and It Is TO be used as a house for travelling
COMPANIES at comparatively low prices. 1t IL. In
short 70 be run something OF the principle OF
the Grand Opera House. The man vino Is to pay
the money to build that theatre IS TX. NJ. Bennett.
OF Pittsburg who already has theatres in other
cities and Is ambitious TO have one In New-York
Th. managers are TO be Davis & keogh. a we'll
known firm OF this city. Mr.. Davis said yesterday
that the plans had been drawn but he was no'
vet willing to show them. The fact appears 10 ~
that the present plan has been under discusso.
for a long time. and the plans were prepared 90
A year ago or so. They do not appear TO DC -,
sort that are likely to be carried out 10. rbaiS
little time 10 come and 1t is said that the ~
OF the necessary land has not yet been sscw"s