The Commoner.
JUNE 10, 1904.
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THE United States supreme court on May 1G
rendered an opinion in the Turner case. The
immigration authorities at New York ordered the
deportation of Turner on the ground that he wag
an anarchist. Turner applied to the United States
district court of New York for a writ of habeas
corpus. The writ was denied and Turner appealed
to the supreme court. Chief Justice Fuller deliv
ered the opinion. Ho said that Turner did not
deny that he was an anarchist and declared that
congress has the power to pass laws to exclude -anarchists.
In concluding the. chief justice said:
"Wo are not to be understood as depreciating the
.vital importance of freedom of speech and of the
press, or suggesting futile limitations on the spirit
of liberty, in itself unconquerable, but this case
does involve those considerations. The flaming
irand which guards the realm where no human
.government is needed still bars tne entrance, and
as long as human, governments endure they can
not be denied the power of self-preservation, as
that question is presented here."
REFERRING to the right of the govern
ment to bar men who believe as Turner does,
the chief justice says: "We are not to be under
stood as depreciating the vital importance of free
dom of speech and of" the press, or suggesting fu
tile limitations on the spirit of liberty, in itself
unconquerable, but this case does not involve those
considerations. The flaming brand which guards
the realm where no human government is needed
still bars the entrance and as long as human gov
ernments endure they cannot be denied the power
of self-preservation, as that question is presented
here." Of Turner, specifically the opinion says:
"Even if Turner, though he did not so state to
the immigration board of inquiry, only regarded
the absence of government as a political ideal,
yet when he sought to attain it by advocating, not
simply for the benefit of workingmen, who are
justly entitled to repel the charge of desiring the
destruction of law and order, but 'at any rate as
an anarchist,' the 'universal strike,' to which he
referred, and by discourses on which he called
'the legal murder of 1887 referring to the Spies
case, and by addressing mass meetings on that
subject in association with Most, we cannot say
that the inference was unjustifiable, either that
he contemplated the ultimate realization of his
ideal by the use of force or that his speeches were
incitements to that end." Turner left this country
several days ago and so will not be formally de
ported. AN IMPORTANT opinion was delivered
by the supreme court on May 1G, when,
speaking through Justice Brewer, the court held
that a telegraph operator for a railroad company
and a fireman on a railroad engine are "fellow
servants," and that the negligence of the operator,
causing the death of the fireman in tne operation
of trains was a risk the fireman assumed, and did
not provide grounds for damages against the rail
road company. The case was that of Alllne A.
Dixon against the Northern Pacific railroad com
pany for damages. for the death of her husband,
C. A. Dixon, a fireman on the road, killed in a
collision caused by the negligence of a telegraph
operator. A dissenting opinion was delivered by
Justice White and concurred in by the chief jus
tice and Justices' Harlan and McKenna.
ON THE same day the "fellow servant" de
cision was delivered, Justice Brewer ren
dered another decision, sustaining the lower court
in imposing a fine upon certain labor leaders who
"were held to be in contempt of court for violating
the injunction issued by the federal judge for the
Northern district of Indiana during the strike at
Hammond. v
AN ASSOCIATED PRESS dispatch, under date
of Washington, May, 27, says: "George HP.
Ormsby, attorney for John'sraith, formerly a sea
man in the United States navy, today filed with
the secretary of the navy formal charges against
Judge Advocate General Lemly and asked that
that officer be tried by general court-martial on
charges of "falsehood and culpable inefficiency in
the performance of duty." The charge grows out
of the case of Smith, now before the supreme
court of appeals of the United States, from a
judgment in the court of claims. Mr. Ormsby con
tends that In moving for an advance of the case
on the court docket Captain Lemly has made false
representations to induce the secretary of the
navy to sign a certain letter In connection with
the motion to advance the case, the alleged false
representations being made, he alleged, to influ
ence the court against his client. The application
of Mr. Ormsby that the judge advocate general
of the navy bo court-martialed will not be granted
by Secretary Moody."
TH E Gerhian geographical paper known as
"Export," says that there are 7,G42,650 Chi
nese living out of China or, in other words, "as .
many as the total population of Sweden and Nor
way." According to Export's figures, America
has comparatively few Chinese, only 272,829, a few
less than the Brltidh island of Hong Kong alone
boasts. Formosa has 2,600,000, but that used to be
Chinese, and they simply haven't moved. Siam
is the greatest goal, of actual emigration, having
2,500,000 Chinese, who have absorbed pretty much
all the active trade of the country. In the Malay
peninsula, also, 895,000 Chinese have nearly mo
nopolized trade under British rule. The Sunda Isles
have 000,000. The Philippines, where the Chinese
are already a problem, have only 80,000 of them.
AN INTERESTING story is told by the
London correspondent for the New York
Herald. Recently a sale was had of the art col
lection of the late C. H. T. Hawkins. The Herald
correspondent, referring to Mr. Hawkins, says:
"Though a great art connoisseur, he had no idea
of ihe effective arrangement of his treasures. In
fact, they were distributed about his house in the
most haphazard fashion. Priceless antiques were
to be found in odd corners, while masterpieces of
painting stood stacked on the floor or with their
faces to the wall. This disorder gave rise, some
years ago, to a curious incident. In his domestic
menage there came a time when the overflow
of the treasures prompted Mr. Hawkins to suggest
to his wife that she should stay one night at a
hotel, in order to avoid the inconvenient want of
space which a new consignment, arriving that day,
had caused. She acted upon the suggestion, nor did
she leave the hotel for the following sixteen years."
THAT a-vast Antarctic continent exists, per
haps twice as large as that of Europe, isln
the opinion of a writer In the National Geographic
Magazine proven by the reports now appearing of
the recent explorations in that region. This writer
says: "The American Commander Wilkes, re
turning from the far south in 1841, assorted the
existence of a vast south polar continent, and
described his voyage of 1,500 miles in sight of the
coast. Ross, however, returning soon after, dis
credited Wilkes conclusions, saying that the land
seen by Wilkes was merely a great wall of ice.
The world has been in doubt which to believe.
That Ross was wrong and Wilkes right is very
evident from the report of Captain b'cott, of the
British Antarctic expedition of 1900-04. Captain
Scott shows that the mass of ice seen by Ross
is in reality an extensive glacier resting on land
and covering the land like the ice cap of Green
land. The glacier is about 700 miles wide, and
reaches the sea through a plain lying between
Victoria Land and Edward VII. Land. The Ger
man expedition under Von Drygalskl, working 80
degrees of longitude farther west, also found a
somewhat similar expanse of ice .capped land,
whose limits they were unable to trace, but which
is apparently a part of the same Antarctic contl
. nent."
T.H E late .Theodore Mommson, the great his
torian, was said to be an absent-minded man.
A writer in the Kansas City Journal says that on
-one occasion, Professor Mommson was engaged
in his study in profound researches and failed to
notice the presence of his servant, who announced
lunch was ready. The servant asked if he might
bring it to the professor, and, receiving no reply,
laid the "table near the writing desk. Returning
ten- minutes later with some fish, the dishonest
monial found tho soup untouched. Thinking It too
good to spoil, ho sat down and finished soup and
fish unobserved of tho profossor. Tho remaining
courses suffered a similar fate. About an hour
later Mommson looked up from his work, and,
feeling a vacuum, proceeded to tho kitchen and
asked why luncheon had not boon served. 'But
tho professor has had his luncheon an hour ago!'
expostulated the servant. 'Dear me!' said tho. his
torian, of Rome; 'how could I be o forgetful?' and
returned peaceably to his study."
AN IMPORTANT opinion" with respect to the
bankruptcy law was delivered by Judge W.
H. Munger of tho fedorai court of Omaha. Re
ferring to this opinion, tho World-Herald says:
"Bankrupts who go into court with c nest-egg
up their sleeve with which to begin life anew after
their sorrowing creditors have been dispersed arc
liable to havo Bomo interesting little sessions with
Judge Munger, who has determined that all per
sons talcing advantage of tho bankruptcy act must
tote fair with everybody, Including the court. One
of tho prime causes of complaint against the bank
ruptcy law has been and is that it enables debtors
who are so disposed to convert and conceal a por
tion of their property, then go through Mnkruptcy,
discharging their debts with a pittance, and after
tho discharge has been entered, coming back to
light well equipped to keep the wolf from the
door,"
ACCORDING to Judge Munger's decision,
stringent measures will hereafter be taken
to assist referees In bankruptcy to get at all the
assets of the bankrupt. Judge Munger has directed
two orders toward this end and more will follow
when occasion requires. Ono of these orders calls
on Samuel Horwlck, a Tokamah merchant who Is
a petitioner in bankruptcy, to turn over to P.
Emerson Taylor, trustee, assets of the value of
$7,000, which the court finds he has failed to turn
over. Refusal to obey the order within fifteen
days is to be punishment by imprisonment in tho
Dpuglas county jail for contempt of court until tho
order Is complied with. Horwick, in his petition
placed his liabilities at $6,293.53, and his assots at
$4,500, of which $500 was claimed exempt. The
second order is against Samuol Diamont of South
Omaha, also a merchant who has sought refuge
in the bankruptcy law. Judge Munger ordors him,
on pain of being jailed for contempt, to turn over
$5,000 of assets to Christian M. Schneider, referee."
W. H. MENTOR of Sioux City, la., believes that
John J. Ingalls know what ho was talking
about when ho wrote the lines on "Opportunity."
A writer on the Sioux City Journal says: "Mr.
Mentor, who Is a real estate dealer, had a chance
to become a half owner of the Pullman palace car
business by advancing $500 to George M. Pullman,
but he refused to answer Opportunity's knock, and
the caller passed on. 'Back in the '50's Mr. Pull
man and I were young men together in Grand
Rapids, Mich,' said Mr. Mentor. 'Mr. Pullman was
a poor man. He was considered by most people
as a crank because of his never ending fussing
over patents and get-rlch-quick schemes. I was in
a mercantile business, my partner being a brother-in-law
of Pullman. Pullman sang in the Congre
gational church choir and received $400 a year for
it. I don't think ho had much of an income out
side of that. He frequently came to my partner
for loans of from $5 to $75 to help him out of tho
hole or get some device patented.' "
ACCORD-ING to Mr. Mentor, Mr. Pullman
called upon him and said that he had under
consideration a great scheme Mr, Pullman ex
plained that he thought that a railway car in.
which passengers might go to bed and sleep would
be a great thing. Mr. Mentor says: "I told him
people did not want to go to bed on a train, but
he insisted the scheme was a good one. He showed
me a model of his sleeping car. He had just
been down to Chicago, where he had contracted
to elevate some brick buildings for alterations by
a scheme which he devised, and he had come home
with about $1,200. He should have made $20,00a
on his contracts, but he took them too low. As it
was the first time anything of the kind ever had
ggg a