Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-12

| involved in the American adminlstra-
| ton Of the isthmian canal zone was
| fired in the supreme court yesterday.
| On behalf of Oil Nifou, a Chinese sub
| ject who was imprisoned for having
| lottery tickets in his possession, his
attorney Gilbert II. Little, applied for
| a writ of habeas corpus. Officials of
the department of justice believe the
action raises a series of questions al
| most as important as those which de-
| veloped as a result of American occu-
patton of the Philippines and Porto
Rico.
Nifou AYERS he was the agent OF
Panama lottery company; that the
company possessed vested rights In the
canal zone, obtained from the Colom-
bian government which had been re-
organized by the republic of Panama
and which the cession of the canal
zone to the United States could not in
validate He holds the suppression Of
the lottery is not necessary to the con-
struction of the Panama canal and
that his imprisonment is illegal, being
contrary to three amendments Of the
constitution of the United States.
The department states the question
raised in Nifous case is this:
How extensive is the authority of
the president to make orders, and has
the isth1nian canal commission the
right to enact general legislation for
the government of the canal zone?"
This question concerns not only the
lottery companies but other conces-
sionaires engaged in business contrary
to American law.
Nifous counsel holds that if the zone
is territory of the United States and
il federal law under American prac-
tees does not apply, then the COM
plant against Nifou must be quashed.
If it is foreign territory it is contend
ed, the president has no authority to
direct the isthmian canal commission
to enact legislation outside of the
power granted by treaty and of con-
gressional legislation, which may be
enacted in pursuance of the terms of
the treaty, unless he should exercise
war power arbitrarily and illegally.
John f. Wallace, chief engineer of
the ithmian canal, said yesterday that
5000 men now are engaged on the en-
cheering and construction work of the
canal The work of installing an AM
erican plant at Culebra is going for
ward as fast as the machinery and
supplies can be secured and when Mr.
Wallace left six American steam show
els were at work in the Culebra exca-
walton, and arrangements have been
made to install additional machines at
the rate of two a month.
Canal Work Progressing Rapidly.
During the last ninety days, he said,
laborers have been coming in freely
from Costa Rica, Jamaica and the |
Barbados. Each month the amount of
work is increasing. In March it was
three times what it was in December,
and five times the amount excavated in
July.
Mr.. Wallace says it will be only |
few months before life on the isthmus
will have practically all the comforts
and conveniences that are obtainable |
in the states.
If the engineers decide it will be |
feasible to construc, either a sea level |
canal or one at higher level, Mr.. |
Wallace says the decision will resolve |
itself into one of general national pol |
icy and not one of engineering. He de- |
clared it would require two years to |
manufacture and install the machinery ]
to complete the excavation for canal .
at sixty foot level work which would |
be necessary in any event. During this |
period ample time will be afforded for
irof