davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1904-03-14
WRIT OF MANDAMUS
AGAINST JUDGE WING
of Justice Seeks to Compel
the Court to Take Legal Action on
Chinese Exclusion Gases.

For the first time on record, the Gov
ernment of the United States has ap-
piled to the Supreme Court for a writ
Of mandamus directed against a FEDERAL
Judge A petition for writ Of manda-
mus was filed by Attorney General Knox
with the Supreme Court today. the pur-
pose of 1t being 10 compel Judge Francis
]. Wing. OF the district court Of the
the Department Of Justice holds IS legal
action with regard TO a number OF Chi
nese exclusion cases.
i IS maintsined that Judge Wing. in
holding unconstitutional that part Of
the Chinese exclusion law that provides
for the deportation OF alien Chinese
after trial before a United States com
missioner, is proceeding contrary to the
and that ne is blocking the way for the
deportation OF Chinese who are unlaw-
fully in the United States.
The Chinese Cases.
Several Chinese exclusion cases have
come up in his district recently. Chi
nese charged with being unlawfulIy in
this country Mere arrested and brought
before United States Commissioner
Simpson, who ordered them deported.
Their counsel went before Judge Wing
on appeal proceedings, and the Judge
ordered the prisoners released. When
the Government sought TO have the
necessary papers IN the proceedings
filed in the District Court and all steps
taken necessary 10 appeal 10 the United
States Supreme Court. Judge Wing in
terfered.
The Washington times., 1904-03-14

He maintained that the proceedings
before him on appeal from the United
States Commissioner had been before
MIN as Judge and not before the dis
trict court. and held that none OF the
papers showing the proceedings should
be hled by the clerk.
The result Df mis- course has heen Drac-
tieally TO nullify all attempts to deport
chinese alleged to be unlawrully in this
country. SO long as Judge Wing ad-
heres 10 mis- position II is mauifestly
Impossible for the Government 10 re-
move the cases into the supreme court
In the usual way and the wheels Of JUS
tice are effectively stopped.
Governments Petition.
The petition Of the Government asks
the Supreme Court TO compel Judge
Wing to direct the entry upon the
records of the district court OF all
papers in the Chinese cases in question
and 10 treat the appeal from the Com
missioner as being made TO the court
and not to the judge. In this way. the
road will be left open for appeal TO the
Supreme Court
In view OF the previous course OF the
Supreme Court in sustaining the action
Of the district court IL ordering de-
portation in Chinese exclusion cases in
which appeals have been taken from
Commissioners. the course OF Judge
Wing has amazed the Department Of
Justice officials
Judge Wing maintained that there
was an inherent menace in prosecutions
Of this character, a want Of positive
proof that the persons ordered deported
were aliens, and that the present man
ner OF carrying out the law is danger
GUS in that II subjects persons not ac-
tually shown to be aliens to liability Of
deportation.
The Washington times., 1904-03-14
HISTORY OF MERGER
CASE FROM THE FIRST

Argument was begun December Il last
In the case of the Northern Securities
Company. the Great Northern Railroad
Company. the Northern Pacific Railroad
Company. James J. Hi. J. Pierponr
Morgan. Daniel S. Lamont, and others
against the United States. The action
went TO the Supreme Court on appeal
from the decision OF the circuit court
for the district OF Minnesota. That de-
cisioR was to the effect that the pur-
chase Of the greater part Of the stock
Of two railroad companies constituted 8
merger and was contrary to the Sher-
man antitrust law.
The contentious OF the two parties
to the suit-Jhe several railroad cor
pOrauOns and operators on the one
hand, and the Unite6 States on the
other-were admirably epitomized BY
counsel for the two parties.
Competition, Monopoly.
John c. johnson. representing the Sc
curities Company, and c. W. Bum. rep
resenting the Northern Pacific, appeared
as the chief attorneys against the Gov
eminent The former contended;
"First-That there was no agreement.
contract, combination or conspiracy TO
restrain competition between these two
railway companies or 10 restrain trade
''Second-That if two railway cOmpa-
nies, somewhat in competition with
themselves. find It necessary. in order
to sustain their competition against a
third company, which otherwise could
destro.r them or interfere with their USE
fulness TO tho public. to combine in any
way for the purpose OF protecting them
selves against destruction. ana in order
by means CT that protection. to make q
greater competition with a greater rival.
on a greater scale for the greater advan-
tage OF the public. the court must look
70 the matter as one of fact, TO deter
mine whether the real purpose was TO
destroy or lead TO the destruction of the
smaller competition in order TO promote
trade by the establishment OF the
greater competition
''Third-That IL the holding by the
Northern Securities Company cf the ma
JOrity OF the shares of the two companies
was q violation of the sherman act, an
agreement among any number OF per-
sons would be a violation OF that act
''FCurth-That the first section of the
sherman act does not in any way con-
oemn as Illegal the acquisition or own
The Washington times., 1904-03-14
SIXTY. RUSSIANS MET DEATH
IN PORT ARTHUR BOMBARDMENT

town which suffered most. One build
ing near the war bureau was destroyed.
At another point an entire family was
annihilated. Great depression is no.
ticeable among the Russians at Ying-
kow There is much criticism of the
navy.
A number OF Russians at Port Ar
thur who were found with foreign news
papers in their possession We're ordered
TO leave. The suspicion Of newspaper
men is general among the Russian a
prominent police official has committed
suicide on account OF his failure TO ap-
prehend certain correspondents.
Residents OF Port Arthur assert that
the defenders Of the town are under
the delusion that British officers COM
mand the japanese warships
The Washington times., 1904-03-14
CoNsuLs RECOGNIZED.

The following foreign consular ofii-
GERS have been recognized: w. d. Howe,
vice consul Of Belgium. at Pensacola,
Fla; +. Salcedo Ochoa, consul of Ven
ezuela, at Philadelphia; r. II. Mottu
consul of the Netherlands at Baltimore
Md. and William S Adams vice consul
OF Brazil. At Savannah, Ca
The Washington times., 1904-03-14
VLADIVOSTOK FORTS
LEFT DEFENSELESS
Quarternaster's Bull Would Have Resulted
in Disaster Had japanese Followed
Up Bombardment.

is the
no o
lied them with whose
gun o the fort
to a borderi nimpen
harbor all
ken the town witho tserous trouble
o have
to
sponsb for the bunder
Att been
The Washington times., 1904-03-14
WEATHER REPORT.

Rain or snow IS indicated for tonight
In the middle Atlantic States, and snow
tn the lower lake region and upper Ohio
Valley The weather tomorrow Will be
fair. except along the lower lakes, where
snow will continue
IL VIII be much colder tonight in the
east Gulf and south Atlantic States, and
somewhat colder IN the upper Ohio
Valley.
The Washington times., 1904-03-14
aHEEF00 TEARS DOWN
JAPANESE PLACARDS

CHEEFOO. March 14-with a view to
excite the Chinese from neutrality. the
japanese have posted in the streets Of
Continued on Third Papel
The Washington times., 1904-03-14

Higt Hs+e To-Day y-..--...-------.....6-32 p. N.
High u6s tomorrow. .6.55 a. m. 7-IS .. "a.
Low EIDE tomorrow. .1.l0 a. m. ] % ,. ~.
The Washington times., 1904-03-14
TEMPERATURES.
SIN


Sun vets today. ay..................6 6-O5 r
sun @sses tomorrow W..--........C C.l4 =
The Washington times., 1904-03-14

Continued on Third Page.)
The Washington times., 1904-03-14

Clearing tonight; fair to-
morrow; brisk westerly
winds.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
CURRENT NEWS ITEMS.

The national prohibition convention
will be held ia indianapolis, Ind. June
20.
The death Of William Smith, at St
Louis, Friday followed that of his part.
ner, George Tinker, within three days
Steam has been turned into the first
of the big St. Louis Worlds fair en-
gines furnishing power for the expo
sitiOn.
Seven hiphwaymen ana saloon rob
bers have been convicted in st. Louis
within two weeks, and all have Decn
given stifi sentences.
The Massachusetts committee on re
lations between employer and employt
reports compulsory Industrial profit
sharing impracticable.
CHIEF Musham Of the Chicago fire de.
partment blames the building commits
sioncr's- office for conditions that g x
listed at the lroluois thoa,cr.
A jury AT Edwardsyillc, H., assasscL
Valentine ltapp, a wealthy farmer, &c.
Ol5 for putting 80 bird shot into Arthur
Jennings, or aboGt $3.50 II shot.
German Consul Iielof Of St, Louis
and "A party Of friends, ad a narrow
escape from suffocation In clubhouse
fire at Lake Minnctonka, MINI.
Duke Philip Of Orleans Is seeking Ill.
vorce, and has petiiioncl the curia, "A,
Rome, for ii dispensaiiDn 10 wed the
daughter OF an Austrian nobleman.
An inventory Of the late Isaac Nor
o estate, exclusive Of % pieces OF
realty, in 81. Louis, shows persona
property valued at over 81 1900 900.
The carriage. baggage and parcel driv
ers OF the 81 Louis Transfer Co. have
reached an agreement with their en-
ployers and resumed work Saturday.
Premier Combes was accorded a vot'
OF confidence by the French chamber o
deputies, whore a discussion of labOi
riots brought about exciting scenes.
France has presented an ultimatuH
10 The vatican regarding the appoint
mcnt of French bishops, and may r
quest the withdrawal Of the papal nun
clio.
benjamin Sackman, a workman. fel
SO feet from Eads bridge, 81. LOUIS, In
10 tho Mississippi river and wal
drowned before assistance could reaci
him.
Tammany Leader Murphy declare
he did not, while In Washington, de
clare for u one for president. III,
predicts that New York viii 70 demo
cratic,
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
THE DEMOCRATIC COMMITTEE
Chairman james the Per-
sonnet ana Calls "a Meeting For
February =. AT -. Louis.

Washington, Jan. 19.-Hon. James X.
Jones, chairman of the democratic ma
t!onal committee, has announced the
personnel Of the committee on arrange
ments for the democratic national com
mittce, and has called a meeting OF
that committee for February 2 next, at
81. Louis.
The membership OF the committee IL
as follows: James X. Jones. chairman
tx-offcio; VIM. X. Stone, vice-chairman
ex-Oficio; J. NJ, Guffey, Pennsylvania;
ID. J. Campau, Michigan; N. Il. Mack,
New York; J.. G. Johnson, Kansas;
John X. Mclean, Ohio; J. NJ. Head,
Tennessee; John Il. Osborne, Wyoming.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
A WEEKS NEWS CONDENSED
A Complete Review Of the Happenings
of the Past Seven Days in This
and All Foreign Lands.
GIVEN IN THE PRESS DISPATCHES
AT WORK.
Daily Proceeding Of the senate and
House briefly Told.

The senate on the l4th listened TO
Speeches by Senator Ncwlands, attack
ing the course Of the administration
in the Panama affair. and by senator
Dcpew in defense Of the administra-
tiOn. Senator Latimer spoke in ad-
vocacy Of a plan for the improvement
of public wagon roads. The house
passed the legislative, executive and
judicial appropriation bill, carrying
so III 700. after restoring the paragraph
providing for the salaries and expenses
of the civil service commission. Bills
were introduced providing that the
government should not purchase any
cOnv!ct-made articles. and providing for
the admission Of Oklahoma and Indian
territory as the STATE Of Oklahoma. The
senate joint resolution authorizing the
erection Of a monument in memory Of
Benjamin Harrison on government
land in indianapolis was passed. Ad-
jOurncd 10 the 18Th.
In the senate on the 10th a bin was
introduced 10 pension all civil war vet
Grams sl2 a month who had 80 or o
days military or naval service Scna-
tor Teller spoke on the isthmian ques-
fion and said he did not doubt the good
intentions Of the president, bu, he was
ing a large number Of private pension
bills the scna,e adjourned until the
18Th.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22

senate-The post Office inquiry res
o!ation and the Panama canal question
divided the attention of the senate, ON
the 18th. The first half of the session
was given up to the inquiry, Messrs.
Hale and German being the speakers.
Mr.. Hale made a plea for the reference
of all postal Investigations resolutions
to the committee on post Offices, and
Mr.. German repeated his assurance
that he would be satisfied with that
disposal of the question. The discus
sion OF the Panama canal question was
confined - the continuation of Mr.. Tel
ler's argument that the course of the
United States In the recent revolt OF
Panama was contrary to international
law and sound morals. The senate, at
1927 p. m, went into executive session,
and at $50 p. IN. adjourned.......
House-Thc house devoted q brief ses-
sion to District of Columbia business.
While in committee of the whole on
one bill, the post Office scandal was dis
cussei, Mr.. Bartlett, of Georgia. intro
ducing a letter from NJ. w. Louis, who
felt aggrieved at certain statements in
the Bristow report. Mr.. Cowherd, of
Missouri pointed out that Louis was
irregllarly appointed just in time to
let a contract that cost the government
$4,000 more than vas necessary. At
l:2s p. m. the house adjourned.
Hon. James X. Jones, chairman OF
the democratic national committee. on
thu 1Sth announced tIa ,,r.a-.1 ,T
the committee on arrangements for the
democratic national committee, and
called a meeting Of that committee for
February . next, at 10 O'Clock a. m,
at the Southern hotel, st. Louis.
Alexander Roland Milne, C. VI. G.,
collector of customs for many years at
Victoria, b. C., died there, on the 18th.
He was a recognized authority on mat
tc"S pertaining to sealing, and was
decorated with the order Of 81. Michael
and st. George " the late Queen Vic
toria.
Seven people, all colorcd, were killed
instantly, on the 18Th, by the explosion
OF a boiler in a saw mill owned by
S. f. Sullivan, in James City, near
Newbern, y. e. The mill was dcmol-
ished, and all the machinery practi-
cally destroyed.
Gov. Pardce Of California, on the
18th, Issued a warrant for the requisi-
ton of James K. Coffee. who was con-
victcd OF murder in Arkansas, but es-
capped from Jail, and had for the past
seven years been living in Kern county.
Cal.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22


The Farmers bank at Auburn, Ind.
failed to open its doors and a notice
posted on the doors promised that the
bank would pay out dollar for dollar.
Jumbo Clark, "A negro. was lynchcd at
High Springs, Fla. for attacking a white
girl
The annual dinner Of the diplomatic
corps was given al the white house by
President and Mrs. Roosevelt.
Governor Cummins, Of Iowa. In his ad.
dress following his second Inaugural
tion argued for revision Of the tariff
ard for reciprocity with Canada.
Sixteen churches IN Chicago have beer
closed for violations Of the building law
Fire Chief Musham, tesrifying before
the l%roquois horror inquest in Chicago
admitted thai he had little knowledge
Of the laws governing public safety.
but sought TO shield himself by saying
that responsibility rested with the
building department.
FIX President and Mrs. Cleveland
gave out "A statement expressing graft.
tndc for the sympathy conveyed to
them on the death of their eldest
daughter, Ruth.
Butch Riley, "A negro who killed &
c. Mcmillan near Tallulah. Miss. was
lynched by IA mob.
Alderman j. j. Brennan, Of Chicago,
was taken to the bridewell from the
county jail, and began his years term
under conviction of ote-buying.
The state department has been in
formed Of the recognition Of the re-
public Of Panama by Guatemala.
The exchanges at III" leading clearing
houses in the United States during
the seven days ended on the 18th aggre-
gated 81, 2G5. 794 ,274. The decrease com
pared with the corresponding week OF
last year wal 1873.
Thirteen directors of the once power
full but now broken candy trust lp-
peared In a New York court and plead
guilty TO breaking the conspiracy
law.
The Chicago livery drivers strike
ended on the employers acceptance of
the CLOSED shop and arbitration OF
wages.
There were 324 business failures in
the United States during the seven
days ended on the 18th. against 267 the
ssme week In 1909.
Two masked men robbed the bani nj
8elen. N. NJ. OF 81 600.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
Weekly trade reviews show a ia

Weekly trade reviews show a ia
"orable condition in all lines and a re-
sumption of manufacturing with re-
viewed confidence.
Rendered insane by Illness, Edward
known expert chemist, shot and killed
his wife and himself.
John Robinson was hanged at Kinks
Vile, Mo, for the murder OF his father
in-law. George Conkle.
John Harris, a negro, who, while re-
sIsting arrest. killed Policeman Dras-
bach, was hanged at Atlanta. Ga.
Brig. Gen. Gran has assumed COM
mand OF the department of the lakes.
succeeding Maj. Gen. Bates, who goes
10 St. Louis.
Many army officers oppose the bill now
pending in congress by which the office
of adjutant general Is abolished and a
military secretary created.
Eighteen sightseers in Mammoth
Cave in Kentucky were thrown into the
water when their boat sank and had a
narrow escape from drowning.
a committee of Michigan citizens in
vited President Roosevelt TO attend the
celebration of the birth Of the republican
party at Jackson July G.
Seymour K. Church, a pig iron mcr-
chant, failed in San Francisco with la
billties of 1920, 900.
The Citizens bank at Mount Ayr, Ia.
owned by Ray Cunning, made an assign
ment with liabilities of si50.o6o.
The Olyphant breaker and washery OF
the Delaware d Hudson company at Oily
phant, Pa, was destroyed by fire. throw
Ing $500 persons out OF work.
Actors and theater employees who are
out Of employment in Chicago and busl-
ness men whose trade has been affected
appeal for relief in the opening Of thea
ters.
or the 543 victims Of the Ir%oqlois
theatcr fire in Chicago only two remain
unclaimed. The coroner's inquest IS
nearly ended.
Nine fremen, trapped by smoke and
fame high in an elevator in Chicago,
we're rescued by comrades, who
chopped through the roof,
The sonate committee on privileges
and elections began hearing arguments
in the case Of Mormon Apostle Smoot
Of Utah.
Franklin Union No. 4 Of Pressfeeders
In Chicago was placed in the hands Of
a receiver by Judge Brcntano.
In "A fire in the La Sale livery stable
in Chicago II horses were crema'cd.
George UdclI celebrated his one hun
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
PERSONAL AND POLITICAL.

Colonel Charles DENLY, Of Evans
Vile, Ind. former United States minis
ter to China. died suddenly at James
town, y. Y. while IN a lecture tour.
In joint session the Ohio legislature
declared Marcus A. Hanna reelected
United States senator for the term Of
six years, beginning March 4, 1908,
Col. Thomas NJ. Cunter, a member
Of congress from 1875 to 1885. died
in Fayetteville. Ark. aged 7G years.
Asa S. Bushnell. who served two
terms as governor Of Ohio, from 1895
to 1898. died in Columbus, aged 70
years.
r. H. McCntchen, head Of the bank
Ing house Of r.. n McCutchen 4 CO..
Of Hnls'cin, la, died Of typhoid fever.
Commodore William W. DUNCAN,
United States navy, retired, died at his
home in Baltimore. aged Gs years.
Mrs. Ruth Brown Thompson, daugh-
ter Of John Brown, the libcrator, died at
Pasadena, Cal.
Senator Hanna has issued the call for
the republican national convention to
meet in Chicago June 81.
DR.. Pollock f. Hyatt, United States
consul AT Santiago de Cuba for five years
prior 10 the outbreak Of the Spanish
American war. died at his home In Jer-
sey Shore. Pa, aged 7S years.
Lyman f. Barnes, a member Of con-
rress in 1892, died at Appleton, Wis,
aged - years.
Mrs. Linday Allison, who claimed 10
be The oldest resident in tic United
States. died at Pensacola, Fla. at tho
age Of 1873 years
James Lawrence Blair, former gem
eral counsel of the 81. Louis exposition
and under indictment IN charges of cx-
tensivc frauds, died al Eustis, Fla.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
CHARGED WITH
ROBB|NC THE DEAD
Three Alleged Ghouls Have Been
Arrested By Chicago Police.
MEN CONFESS TO THE CRIME
II IL Considered Certain That the
C~OrOner's Jury Investigating the
%IrOIuOis Fire VIII Place Ne-
spOnsibility On the Guilty.

Chicago, Jan. 13.-Charged with rob-
bling the dead and dying at the lrO-
quOis theater fire, three men have been.
placed under arrest by the Chicago pO-
lice. The first of the alleged ghouls
to be captured was Louis Wise, keeper
of the Illinois saloon, located at Dear
born and Randolph streets, a few door,
from the main entrance of the theater
1t is charged hat Wise robbed the
body Of a dying woman, Mrs. Il. j.
Trask, the afternoon of the fire, secur-
ing Sl99, which, it is alleged, was di.
vided among three men, W OF WHOM
were arrested after Wise.
Police Claim to Have COnfcssiOns
The police claim to have received
confessions from all three men. The
other two arrested are Charles Conway
said to have received 500, and Thomas
Mccarthy, alleged to have been given
$3.50. The fourth man, still at large
Is q stranger, who was given $12. He
is said to be a travelling man from
St. Louis.
1t is said that Wise confessed that
$40 was taken from the body of Mrs
Trask, of Ottawa, H., when she was
carried, dying, into the saloon. The
money was handed to Wise by a ply.
stefan attending the woman. Wise Is
reported to have given $ll to the police
and told them it was all she had.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22

The constitutional convention in
Panama was organized with great en-
thusiasm.
All factions in Japan are united for
the country's defense, and, while they
hope for an honorable peace, they are
preparing for war.
Emperor William, as king of Prussia.
delivered the speech from the throne
to members of the Prussian diet.
Sir Henry Keppel, admiral of the
British navy retired, died in London
in his ninety-fourth year.
Morgan County democrat. (Versailles, Mo.) 1900-1906, 1904-01-22
FOREIGN

Admiral Coehlan reported that many
Indian tribes on the isthmus were grow
ing restless and hat numbers had en-
braced the cause of Colombia.
Dispatches from MOSCOW say that the
Russian government has claimed the
service of the entire volunteer fleet.
The city Of Seoul. Curea, was reported
panic stricken. and American marines
were guarding railroad and legation
property.
The slaughter OF all foreigners was
urged by the Corean native press and
American women and children were or
dered by the minister at Seoul TO re-
main indoors.
Belief was widespread IN Pan.m IA that
the Colombian army had started 70
march OF the isthmus, The Panama
army had ~. 900 men ready for the field.
D~iplomatists say that other countries
will become involved II Japan end Rus
STA go to a
The annual report OF the commissioner
OF education for Porto Rico shows pro-
gress In the school AFFAIRS OF the island.
The total school enrolment was 7O.2l6.