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MAY 11, 190 .
The Commoner.
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Ifitry of. public instruction issued official "do'cu
ments relative to the erection of tills laboratory
on the same day that Professor Curie was killed.
It Is interesting to note that Professor Curie as
a boy seemed so stupid at school that his parents
withdrew him and put him under a private tutor.
'All through his years of study, including the final
preparations for the arts degree, he wad ham"
pered by the necessity of studying uncongenial
subjects. It was only when he was free to follow .
his natural bent that his powers were manifested.
It was not surprising to learn that Professor
Curie was generally so absorbed mentally that
he was unaware of happenings around him. There
is no doubt that his untimely death can be de
scribed to this. While crossing the street in
front of a cab which an ordinary man would have
passed behind, he suddenly became aware of his
danger and ran into a pair of horses drawing a
dray, which he apparently did not see, and fell
beneath the wheels of the dray. Professor Curie's
dfivoted laboratory assistant, on viewing the hody
at the police office, said tearfully: 1 knew my
dear master would be killed some day. He was
very imprudent and was constantly dreaming
when walking the streets.'"
MANY ACTS OF violence were committed in
Paris and in other portions of France on
May 1. Several bombs were discovered by the
police, and an attempt was made to derail a rail
road train. Soldiers charged upon mobs in Parlg.
and many persons were Injured. One thousand ,
arrests were made. For a long time the French
public has been greatly stirred because of antici
pated trouble on May 1. Two years ago. the.
general confederation of labor, which in France "
is a socialistic organization, decided on strikes
for May 1, 1906. It is claimed that the socialists
were anxious to bring about a general sfrike, be
lieving that it would result in revolution. It is
claimed, however, that these socialists were -greatly
disappointed at the .failure of the labor
troubles to become widespread. , K'
MR. PHBLAN, FORMER mayor of San Fran
cisco, suggests that the federal govern
ment be .asked to indorse a loan to be raised, by
San Francisco. .The New York Evening Post
says: "Mr. Phelan is quoted as Baying that for
such endorsement, precedent exists in the loan
of the United States to the Pacific railways dur
ing the sixties, and, more recently, in its X'ailway
loan to the Philippines. What will occur to the
practical reader, however, is not only that circum
stances were so peculiar in both these cases as
to provide no safe precedent, but that the nature
of the government aid differed radically from
that now suggested in the case of San Francisco.
If the Union Pacific had defaulted outright on
its interest due the government, the United States
possessed the right of foreclosure. If the Philip
pine railway concessionaires were to fall back
on the Philippine commission for its guarantee
of interest on their bonds, a similar lien would
oxiBt Even in the case of the bonds issued by
the United States last March to help the con
struction of public works in the Philippines it
was stipulated that we should possess a lien on
the lands bought from the Philippine religious
orders. The railways and the lands were at least
rational security for the federal government to
deal with; but it is somewhat difficult to imagine
the federal government foreclosing on the San
Francisco public-utility systems and tlje city hall.
T N THE CITY ELECTION held in Omaha, May
-1 1, the democrats won a sweeping victory.
The following city officials were chosen: Mayor,
James' C. Dahlraan; clerk, Dan B. Butler; comp
troller, C. O. Lobeck; attorney, Harry E. Burn
ham; building inspector, Charles H. Withnell;
city council, First ward, Andy Hansen; Second
ward, Lee W. Bridges; Third ward, Harry
B. Zimman; Fjdurth ward, L. B. Johnson; Fifth
ward, Goodloy F. Brucker; Sixth ward, W. S.
Sheldon; Seventh ward, Alma Jackson; Eighth
ward, John C. Davis; Ninth wardP Thomas Mc
Clovern; Tenth ward, Peter E. Elsasser; Eleventh
ward, M. F. Funkhouser; Twelfth ward, Jeff W.
Bedford.
ALL OF THE ABOVE named with the excep
tion of Councilman Zimman are democrats.
Mr. Dahlman is at present democratic national
committeeman for. Nebraska. He was first cho
sen to that position in 1900, and was re-elected
at St. Louis in 1904. This Is the first time Omaha
has gone democratic in sixteen years. The demo
cratic platform promised economy in the admin
istration of the city's affairs, freedom from cor
porations, reduction of telephone rates, admis
sion of independent telephone companies, acquisi
tion of the Omaha water plant, dollar gas, and
after the acquisition of the waterworks the ac
quisition of an electric, light plant and other pub
lic utilities. The candidates also pledged them
selves not to accept favors, contributions or as
sistance from any corporation during the "cam
paign or after election.
THE HOUSE COMMITTEE on immigration has
recently reported . a bill to legalize faulty
papers of citizenship. The Washington corres
pondent for the Record-Herald says: "Between
20,000 and 30,000 naturalized citizens residing at
Chicago will be materially benefited by the pas
sage of this bill.. The revised statutes provide that
an alien may e admitted who has a certificate
of naturalization issued by 'a court of record of
any of the states, having common law jurisdiction
and a seal and clerk.' The crlmina court o'f Cook
county issued between 20,000 and 30,000 certifi
cates before this provision requiring tha,t the
certificates should be issued by a court of record
.or one that had common law jurisdiction. It is
estimated that throughout the country there are
between 60,000 and 70,000 aliens who have simi
lar defective certificates. The pending bill legal
izes these certificates. Unless the defective certlft-
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ciiea hraucd at Chicago a"tf elsewhere are vali
dated, a condition of much confusion may result
in la'cer years growing out of property transfers by
persons who have admitted themsojlvos to be clti
zons of the United States and acted on that
theory for a long term of years."
FORTY-FIVE THOUSAND immigrants entered
the United States during the week ending
Saturday, April 21. The New York World says:
"Within the past thirty days all of this rush of
people to the new world, all records have been
broken. March broke the record for tho months,
when 110,741 arrived at Now York. The week
ending March 31 broko all records for any singlo
week, when 30,700 passed our gates. But a tort
night later this record was knocked out by tho
45,000. And the record day April 13, 1903, with
7,300 was smashed to smithereens by Monday,
April 16, with its 17,196 immigrants from all over
Europe Scotch, Irish, English, Italians, Greeks,
Polos, Lithuanians, Dalmatians, Croatlans, Ger
mans, Swedes, Danes, Russians, Hungarians,
French, Portuguese, Spanish, Swiss everybody.
All records were broken in the last .recorded year,
when 812,870 foreigners entered the United
States. Of these 263,150 settled in the state of
of New York and about one-third of these in tho
city. 'If the immigration keeps up like this said
Assistant Commissioner- of Immigration Joseph
Murray, 'wo will pass the million mark in 1906,
and possibly make It 1,100,000 all- told. It Is
without doubt going to be a record-breaking
year.' "
TOM L. JOHNSON, mayor of Cleveland, is de
veloping an invention which has attracted
considerable attention in his home town. Mayor
Johnson's product is said to be decidedly promis
ing in the way of a marked improvement in the
matter of travel. Many newspapers are having
considerable fun out of the mayor's work on this
line, the Cleveland correspondent for the New
Yqrk World sending to his paper this exaggera
tionj "Mayor Tom L. Johnson has invented a
motor which in recent tests developed the theoret
ical speed of four hundred miles an hoUri The
mayor hopes to revolutionize travel. The car is
to run on an overhead track. At the highest speed
of which the motor iff capable wheels would fly
to pieces. Herner fchods take their place. ' Power
ful magnets take up the weight of the car and
minimize the friction of the shoes on the rails.
Windows in such a car would he unnecessary, for
scenes would change faster than the eye could
catch the image. The landscape would be a
streaked gray blur. The motorman would have
to look through a thick glass bull's-eye, else the
force of the wind would make a mat of him on
the wall behind. Stops at stations would have
to be automatic, otherwise the station would
be passed before the motorman could see that
it was near. A head-on collision would mean
the annihilation of every passenger. The inven
tion will make possible just Us high a rate' of
speed as Steel and human endurance will stand.'?
Power of Congress With Respect to Courts
There has been controversy among lawyers at
the national capital concerning, the powers of
congress with respect to courts. W. W. Ballew,
of Corsicana, Texas, makes an interesting contri
bution to the discussion. Mr. Ballew says that
Senator Bailey is eminently correct in his ex
position of the constitution and the power, of
congress over the jurisdiction of federal courts.
He says that Senator Bailey is so clearly sup
ported by the authorities that there is no room
for controversy over the question.
.Mr. Ballew presents the following brief:
"Article 3 of the constitution of the United
States declares that the judicial power of the
United States shall be vested in one supreme
court, and in such inferior courts as the congress
may from time to time ordain and establish.
"The supreme court is the only court whose
jurisdiction has been defined, fixed and deter
mined by the constitution. All other courts of
the United States are the creatures of congres
sional creation.
"Congress has by the constitution exclusive
authority to regulate the proceedings in the courts
of the United States. (Wyman vs. Southard, 10
Wheaton, 1.)
"Congress possesses the exclusive power to
legislate in respect to. the form and effect of pro-,
cess, mesne and fnial in federal courts. (Riggs
vs. Johnson Co.," 6 Rail., 166.)'
"No federal court, save the supreme court,
has any constitutional jurisdiction, and, hence,
no inherent powers.
"The sole jurisdiction" of all federal courts,
other than the supreme court, is granted by act
of congress. (United States vs. Hudson, 7
Cranch, 32.)
"Of. all the courts which the United States
may, under their general powers, constitute, one
only the supreme court possesses jurisdiction
derived from the constitution, and of which the
legislative power can not deprive it. All other
courts created by the general government possess
no jurisdiction but what is given them by the
power that creates them, and can be vested with
none but what the power ceded to the general
government will authorize them to confer. The
power which congress possess to create courts
of inferior jurisdiction necessarily implies the
power to limit the jurisdiction of those courts
to particular objects. (United States vs. Hudson,
7 Cranch, 32.)
"The supreme -court has been granted the
right to adopt rules to regulate the practice in
all courts- of equity of the United States, and
these rules are obligatory upon all the courts of
the United States. (Story vs. Livingstone, 13
Peters, 359.) (McDonald vs. Smally, 1 Peters
020.)
"Congress created the circuit court of ap
peals, the circuit and .district courts, the court
of claims and hankrupt courts, and conferred
upon each all jurisdiction that can be assumed
or exercised by each. Congress can abolish,
change, amend, modify or limit the jurisdictiop
of all federal courts save the supreme court.
"It is tho peculiar province of the supreme
court of the United States under the acts of con
gress to determine all questions relating to the
subject of the process of federal courts. (Butz
vs. Muscatine, 8 Wall, 575.)
"This has been the law 'for more than 100
years.
"The jurisdiction of the federal courts Is
limited. That of the supreme court by the consti
tution which created it, and of all others by the
acts of congress which createsuch cou.-ts, confer
their jurisdiction and distribute the judicial
powers.
"The jurisdiction of federal courts is not gen
eral, but special. (Maxfield vs. Levy, 4 Dall, 330.)
(Marbury vs. Madison, 1 Cranch, 137.)
"A circuit court can not exercise any equity
powers, except those conferred by congress.
(Fontain vs. Ravenal, 17 Howard, 369.)"
Mr. Ballew adds:
"Tho foregoing principles are indisputable,
hence congress has the exclusive power to limit
the jurisdiction of all federal courts, except the
supreme court, and may limit, the right to Issue
the writ of injunction and provide when and how
same may issue. The writ of Injunction Is. not
a writ of right, but is merely an equitable remedy,
that may be limited in any manner authorized by
the legislative power."
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