Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-05-13
At THE WHITE HOUSE
Decision Reached in the
Rathbone Case.
REHEARING TO BE GIVEN
JURISDICTION TO BE GIVEN GU
BAN COURT OF APPEALS.
G. A. S. Frost, Former Department
Clerk, Pardoned-Mr. Blair's Name
Presented for Court of Claims.

President Roosevelt and his cabinet today
decided upon the important case Of Estes
G. Rathbone, for whom Senator Hanna has
been appealing for a new trial.
The decision Is that President Roosevelt
will confer upon the Cuban court of ap-
peals jurisdiction to give Rathbone a re-
hearing, even to the extent Of listening to
any new testimony.
Rathbone's attorneys took an appeal
from the lower court to the Cuban court of
appeals but this latter court decided that
it had no Jurisdiction except upon the law
in the case. The question before the Presi-
dent and Secretary Root was as to whether
to order a new trial by the lower court or
confer Jurisdiction upon the higher court to
review every phase Of the case. The latter
was decided upon. An order will be issued
extending jurisdiction to the court of ap-
peals not only to review the law and the
facts, but to take such additional testi-
mOny as it sees fit.
A Pardon for G. A. S. Frost.
Upon the recommendation of Attorney
General Knox, President Roosevelt today
granted a pardon to c. A. s. Frost who is
serving a one-year sentence in California
imposed by the circuit court of the United
States for contempt. Frost was formerly
a clerk in the Department Of Justice in
this city and went to Cape Nome to in
vestigate charges against Judge Noyes. He
made a report favorable to Judge Noyes.
Soon afterward he resigned and became
Judge NoyeS' private secretary. When the
latter was recently convicted of contempt
by the circuit court of California Frost was
also convicted He is pardoned on legal
grounds.
Representative Ray for Judge.
Presidents Roosevelt's visitors this morn
ing during the hour before the cabinet met
included Senator Platt of New York, Rep
resentatives Cannon, Brick, Lands and
other members of both houses Of Congress.
Senator Platt is doing all he can for Rep
resentative Ray for the federal judgship
that is at the disposal of the President
The senator believes, too that the President
will conclude that Representative Ray is
the best man for the position. Attorney
General Davies of New York, who is spok-
en- Of for the position and is highly regard
ed by the President, Is ssaid to prefer the
republican nomination fof chief Justice of
the supreme court of New York, but as
this Is somewhat uncertain he has not
nounced that he is out Of the race for the
federal position. 1t is said among New
York people that Representative Ray has
always had a desire to go on the bench and
that he could have secured a place years
ago. Senator Platt at that time urged him
that at some future time his ambitions for
the bench would receive the senator's sup
port
The Court Of Claims Judgeship.
The President has not given any intima-
ton that he feels favorably to any Of the
candidates for the vacant position the
Court of Claims. So far as he Is concerned,
the place is still open. Representative Pearre
of Maryland today formally presented the
name of Gist Blair Of this city and Mary
land for the position. Mr.. Pearre spoke
highly Of Mr.. Blair, declaring that no bet
ter man could be chosen. The President
said that he had abundance Of excellent
material from which to make selection.
During the last of this month President
Roosevelt will make two short trips from
Washington. On May 20 he will go to New
York to attend meeting Of the Presbyter-
ian board Of home missions In Carnegie
Hall. Three days later he will go to An
napolis to dine on the French battleship
Gaulois with the French officials who come
to this country to take part in the Rocham-
beau statue exercises.
President Roosevelt has made no definite
plans for spending the summer. good
many diversions are talked or One of
Horn country in Wyoming with Harry New
Of indianapolis and others, but nothing
Of this is settled.
Invited to a Banquet.
President Roosevelt today received
delegation Of the Friendly Sons of st. Pat
rick, consisting Of Vice President Constan-
tine J. Mcclure, Miles o Brien, DR.. Francis
]. Quinlan. John ]. Rooney and ]. I. c.
Clarke Of New York city and Frank Gan
non Of Washington. The members Of the
society called to pay their respects and to
invite the President to attend the banquet
to be given at Delmonico's on May 20 to
atctir 1tch yHy1on fn
this country to attend the exercises in
cident to the unveiling Of the statue to
Count Rochambeau. President Roosevelt
is a member Of the Friendly Sons Of St.
Patrick. The President will consider the
invitation.