Show PIGTAILS IN A POKE Able Arguments in the Cliae Clan Ping Case NO EIGHTS OF CONTRACT EXIST The Pacific Coast People Defended From the Charges of Bigotry and Persecution ngotry Persecuton Peoplo in Glass Hoftses Etc Special to THB HEHALD Examiner Dispatch WASHINGTON March 29The Chae Chang Ping case was argued yesterday before be-fore the supreme court For the first time since the death of Judge Mathews the supreme court on assembling this morning had a quorum present and was able to proceed pro-ceed to business Six justices constitute a majority and all were present this morn lug save Judge Blatchf The first thing done was to admit t the supreme court bar six young lawyers from various states among whom was Stephen White of Los Angeles who was admitted on motion moton of Mr John F Swift The case that had been in course of argument the day before the death of the judge was put over till Monday owing to the circumstances that a brother of judge Mathews was actually making his argument when the court ad journed and was still absent in connection anl connecton with the funeral This order brought the Chinese case of Chae Chang Ping to the front as the first on the calendar The court was at first disposed dis-posed to rule limiting speeches to two hours time and two counsel on a side but anl afterwards relaxed the rule and all the four who had appeared for the United States viz SolicitorGeneral Jenks for the government and Messrs Johnson White and Swift for the state of California were allowed to speak Among the crowd of spectators were L B Misner of Benicia Mr Osborne of Los Angeles Mrs Stephen M White Senators Stewart Dolph and Mitchell and Congressmen Yandever and McKenna GOVERNOR IIOADLCV OPENED THE CASH for the appellant with a finely phrased argument ar-gument which was however mainly a reiteration re-iteration of the points made by him in his original brief AttorneyGeneral Johnson of California followed in support of the contention of the United State He took up the argument of the other side regarding regard-ing the contract implied in the return certificate cer-tificate and argued that tley had confounded con-founded rights of imperfect obligation with inchoate rights or mere privilege with vested rights There is a wide distinction distncton he argued between perfect vested rights 01 property and mere privileges or matters of favor inducements to hope and expecta ton sometimes called contracts of imperfect imper-fect obligations The identifying certificate certifi-cate he continued which gives to Chae Chang Ping the socalled right to return is not only not a contract but cannot become an irrepealable contract under our system of government but Congress has the exclusive ex-clusive power to regulate commerce with foreign nations which includes the whole subject of immigration and that Congress cannot abrogate or take away from a succeeding suc-ceeding Congress the power confided by the constitution constituton Whenever we enter the domain of the public policy of the country argued Mr Johnson we enter a wider territory than the restricted one of contracts and it is apparent that Congtess being charged with a duty and a trust cannot divest itself by contract of the power of determinm when it is improper that a certain class of alien people shall come hither Moreover the nation is incapable of conferring a vested right of extra territoriality upon these aliens who have voluntarily left the country coun-try for that would be to transfer trans-fer protanto what is inalienable to a foreign power That is all that can be claimed for such concessions is that they are in the nature of a revokablc license I the appellant holds no vested right but a mere revokable privilege due proc ss cf law is inapplicable to him and the remainder remain-der of the appellants argument as to an falls ex post facto iaw and the bill attainder LIEUTENANTGOVERNOR WHITE 3AII in opening that he believed the appellant had made concessions fatal to his case He said he would assume as conceded 1 That Congress had power at any time to enact a statute conflicting with a treaty and 2That Ping had no right to enforce any treaty stipulation between himself and the government of the United States The question then to be dealt with is did this Chinaman acquire any rights under any law of Congress of which the act of 1SSS unlawfully sought to deprive him M White argued that the certificate relied upon by the other side was simply a method of identifying adopted by Congress to prevent pre-vent the perpetration of frauds by alleged Chinese laborers Congress had never con ferred any rights in the nature of property On the contrary each treaty and each at was more restrictive than its predecessor When it was granted that Congress could at one time and by one act keep out all foreigners why could it not assert its perogative gradually J The United States said to this home if merely man go you so g desire You may come back again if the government does not see fit to change its policy regarding the matter As to the argument that due process of law was denied Ping or that his liberty was jeopardized Mr White insisted that nothing noth-ing had been done to infringe on the consti tution This Chinaman is an alien he may roam over all the earth except that we have said he must not enter hero We seek to divest him of no property and we do not ask to imprison him a moment but we do insist that he shall let us alone SOLICITOR GENERAL JENKS restated some of the arguments of his brief in his usual forcible and clearcut manner forcble cearut He was followed by Minister Swift who said that the question raised by the appellant appel-lant had long since been settled by the court against his contention Mr Swift defended the California people and those holding antiChinese sentiments from what he claimed was in the nature of a sneer from Governor Hoadley He justified the sentiment and declared that ourpeople are engaged in the patriotic duty of holding the gateway of the nation against an eruption from Asia which threatens that homogenity which if not essential to our existence as a nation is certainly indispensable if we are to hold a place among the l great powers of the earth Had the people of the Atlantic Atlan-tic states a generation ago been as wise and as patriotic when another nonassimil able race was at the dictation of avarice I avarce being imported into the country the nation would have escaped the bitter experience of the civi war and would not now be confronted con-fronted with a race problem that will perplex per-plex in its solution the wisest statesmen for centuries to come Justice Matthews Sncessor Uncertain Special to TiE HERALD ExaminerDispatch WASHINGTON March 20It is not improbable im-probable that tie extra session of the Senate Sen-ate which convpned March 5 will close on Saturday of this week Quite a number of the Senators are anxious to get away and none of the number so far as can be learned are desirous of remaining Washington Wash-ington a day longer than necessary Mr Thurman yesterday offered a resolution resolu-tion for the appointment of a committee of two Senators to wait upon the President and inqure if he has any other business to lay before the Senate The resolution went t J over until today butat Is expected to pass soon after the Senate meets and the President Presi-dent will inform them that their presence will not be needed after the 30th instant A senator who spoke with the President upon this subject yesterday asked General Harrison what action he proposed taking in regard to the appointment of a successor to the late Justice Matthews of the supreme court General Harrison said Generl Harson the Senate need not wait on that account There are several sections of tho country that are clamoring for the appointment The President Presi-dent preferred t move slowly in the matter mat-ter and give everybody a patient hearing I addition to the vacancy on the supreme bench there are yet t be appointed a first assistant secretary of state a first assistant assis-tant of the interior land secretary interor a commissioner com-missioner an Indian commissioner a public pub-lic printer a comptroller of the treasury a sixth auditor two comptroller a United States treasurer and a solicitor of the treasury as well tsr 1 scores of firstclass postmasters and custom house officials who need not necessarily tie confirmed until the next meeting of Congi ss Congss Sketches o11 Nominees WASHINGTON MaiJA 29 William L Scruggs who Mar nominated to be United States ministcrto Venezuela was born in Tennessee butfterwards removed butafterwarls to Georgia He has lied considerable experience ex-perience in diplomao having been appointed ap-pointed United States consul at Canton China in 1SSO from wjiich post he was promoted motel to be minister to Bo ota in 1SS4 Scruggs held this position until relieved by the last Democratic administration Landzing B Mizner named as United namel States minister to Central America is a welltodo resident of Benecia Cal He is an extensive land owner in that place and is reputed to have accumulated a for tIC thrnlh mtmt h 1 1 t Mr Shoup nominee for governor of Idaho is one of the oldest and best known l residents of that territory He is a large cattle dealer and owner of several general I merchandise stores and also some stage lines He is a man of considerable wealth Robert Adams nominated as ministar te Brazil is a gentleman of culture and attainments attain-ments living in Philadelphia He is a I graduate of the University of Pennsylvania an exSenator and a member of the governors gov-ernors staff of the Philadelphia city troops William O Bradley named for minister to Corea is a prominent southern Republican Republi-can During the war he was a union man He has been the candidate of Kentucky Republicans for governor and United States Senator and made a good race against Governor Auckner for the former place At the Chicago convention Kentucky urged him for VicePresident and he received a number of votes from the southern delegates dele-gates He is a fine lawyer with a lucrative practice and it is said he will not accept the office and that he informed the President whatever Presi-dent that he did not desire any appointment A United States Deputy Marshal Killed LOUISVILLE March 2A teejram to United States Marshal Gross from Floyd county this afternoon stated that Deputy Marshal Wiseman had been fred upon by a party of twelve outlaws last Tuesday and instantly killed He fvas accompanied by four special bailiffs and was making a raid after moonshiners The deputy had three prisoners when he was attacked All made their escape One of the bailiffs whose name was not given was badly wounded Several shots were exchanged and two of the attacking party it is believed be-lieved are killed Their names are unknown un-known and they were carried away by carrel their companions awaJ Abducting an BO000 Heir CHICAGO March 29 Arthur Kruschen ski a 14yearold boy said to be heir to a fortune of SSOOOO in the old country and who was said to have been abducted several days ago has been heard from His mother last night received adisnatch from flrnstlin Ohio reading Your son just passed through here He was on a stock train He tried to get off two men who wore cowboy cow-boy hats held him until the train left the city Maybe you can head him off at Pitts burg Telegrams were sent to the chief of police at Pittsburg Amies Armorial Bearings WASHINGTON March 29 Colonel George A Armes has furnished for publication a card in reference to his recent trouble with 1 Governor Beaver He says that after the governor declined to state in writing that he had not ordered his removal from the processionaand started to move off he f Armes took the governors nose in his finger and gently pulled it saying Take that The card closes as follows I have nothing t say touching my record in the army and my character and capacity as a citizen Seven wounds in action illustrate my former and those who know and have had business relations with me can testify t the latter I esteem my honor and good name too highly to submit to insult and injury without resenting it In the North Sea Lives a Whale ATLANTIC CITY N J March 9A medium sized whale of thegervavis species became stranded on the beach near Chelsea yesterday afternoon and was captured bJ the crew of the government life saving station sta-tion after a severe struggle Upon being dragged ashore it was found to measure thirteen feet in length and was estimated to be from 3000 to 4000 pounds in weight As the monster was captured by government govern-ment employes it will probably be sent to Washington Salisbury Has a Land Scheme LONDON March 9The cabinet decided to propose at the next session of Parliament Parlia-ment a land purchase scheme for Ireland similar to a plan proposed by Chamberlain The ministry also resolved to introduce in 91 an Irish local government bill The measure provides for extensive changes in the management of the internal affairs of Ireland The Senate May Adjourn If I Chooses WASHINGTON March29 President Harrison Har-rison is said to have given semiofficial lson gTen semiofcal notice no-tice to Senators that they may adjourn Tuesday so far a business from the executive execu-tive is concerned I is believed that a successor to the late Associate Justice Stanley Matthews will not be nominated before the adjournment Want Boulangar Arrested PARIS March 29La Presst states that Deputies Clemenceau and Bovier Lapierre have requested Constans minister of the interior to arrest Boulanger The cabinet has unanimously resolved to prosecute Boulanger Germany Still Wants Klein WASHINGTON March 20It is reported and believed in wellinformed circles that tho German government has requested that rrespondent Klein be arrested and returned turned to Samoa t be tried before the American not German consular court for murderous assault The Lydecker Court Martial WASINGTON March WThe prosecution of the Lydecker court martial closed its case today BrigadierGeneral John Newton New-ton retired who Va chief of engineers when the tunnel wasTbegun testified for the defense He did not see how Major Lydecker with the duties of his office could have performed any effective personal per-sonal service against fraud and that in work of any ordinary character his visits to the tunnel would have done no gocd Unless there was danger of caving in the witness could see no good in frequent visits Ion I-on the part of the offlper for bad work would go on the mompnt his back was I turned I was almost impossible to obtain good public work by contract tcaAL i = |