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The Brooklyn Daily Eagle from Brooklyn, New York • Page 28

The Brooklyn Daily Eagle from Brooklyn, New York • Page 28

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14.. THE BBOOKLYy DAILY NEW YORK, SUNDAY, FEBRUARY 3, 190l MRS. NATION, KANSAS RALPH'S LETTER SALOON SMASHED, N. A WOMAN OF MOST REMARKABLE NERVE. Scandal Mongers Are Discussing Lord Dufferin's Venture in, the Muddy Footsteps of Lord Delawarr The Duke of Norfolk and His Indiscreet Zeal.

"Well, have you a better one?" said Mrs. Nation. "No, I don't' think I have." "Then what are you going to do?" She reminded him of his oath to support the constitution and execute the laws. She drew from him an admission that rutn shops are against the law. ''Then why don't, you close them?" said she.

The Governor pleaded that he was powerless. "What can I do?" he said. Calm and clear came Mrs. Nation's reply: "Call out the militia. You can close every joint in Kansas, if you will, Governor Stanley." Then, rising from her seat, she looked him squarely in the face.

and said: "You can do it, if you want to, but you won't. But you are a lawbreaker if you don't. You took your oath of office to keep the constitution. If you refuse my request you are not only a lawbreaker, but a perjurer." Mrs. Nation repeated the words "perjurer," OPEKA, February 1 One woman with a hatchet.

In the role a saloon ONDON, January 25 Lord Dufferin and the Duke or Norfolk have been filling the mouths of the gossips for a weel; wrecker, has done more in the last four or more with the choicest morsels that have been enjoyed here for many a month. Dufferin, of all men in the kingdom the shrewdest diplomat, the longest headed of the nobles, trained a whole lifetime to be cautious and "I'm thankful that the eggs were not rotten," she answered. "Just imagine what a fix I would be in if those eggs were rotten or if they had struck me in the face. As it is I can easily wash "it off in the morning. It's only on my akirt.

Oh, the good Lord is with me. When I got on the train at Wichita, I sat down by the car window, in full view of the mob, and raised the car window. I had great difficulty in raising it. A shower of eggs from the mob came straight for me, and before one of them reached me the window dropped with a bang. God put it down and the eggs smashed on the window.

I just looked tip and smiled and said: 'Thank you. Lord, thank A moment later a big stone crashed through the window and I just sat there smiling with the broken glass rattling around me. "Yes, God is with me." Asked the purpose of her crusade Mrs. Nation "If the Women's Christian Temperance Union had started out twenty five years ago with prayers and songs and hatchets there wouldn't be a saloon in the country lo day. Ali my life I've, been looking at the ruin worked by the rum trade.

I regard it as murder. I regard a rum seller a3 an outlaw and a licensed murderer. I had a letter recently from a woman in Danville, me how to go about breaking up a saloon. I. w.rote back: 'Arm yourself with hatchets, go Into the saloon and go at it 'Just as' you would to kill and she did While at Enterprise Mrs.

Nation received a telegram signed by women of the Women's Christian Temperance Union, asking her to come to Hope, but when Mrs. Nation arrived at Hope at midnight there was no weeks to call attention to the illegal saie of liquor in Kansas than all that has been said or written on the temperance question in this state since prohibition was adopted. worth of damage. She was arrested and locked up. At first she refused bail.

Then when she would have release, the jail was quarantined on account of smallpox. Mrs. Nation charges that a smallpox patient was sent to the jail just to keep her there. Habeas corpus proceedings were instituted and carried to the Supreme Court, which ordered her release pending trial. But rather than face a jury and the chances of some unwelcome exposures regarding the liquor traffic, the prosecuting attorney of Sedgwick County dismissed the proceedings against Mrs.

Nation, on the ground that he believed her mentally unbalanced. Tuesday, January 22, Mrs. Nation turned up at Wichita again and, accompanied by three women, started on another anti saloon roundup. The four women were armed with hatchets and base ball bats, carefully con circumspect, has actually followed in the 'lawbreaker," again and again. Governor Stanley's temper gave way and there fol clumsy and muddy footsteps of Lord Dela chance mile acquaintances to live with them in Paris during the last exposition.

Dr'nMnne The mischievous effect! rUloUNUUo of the use of malt sub BEER SHOCKS stitutes in thfc mihii8 of beer have produced OLD ENGLAND. a great sensation here though the many deaths that have come of it seem to have been con fined to Manchester and a small area around there, the business ground of one or two brewers. It is a shock to old England to find that her beer is poisonous. It is about all she has left except the command of th's sea. Her once vaunted roast beef comes from America, her precious Southdown mutton is new brought in cold storage rooms from New Zealand, all else that she used to boast loudest about is either gone or vanishing and now the doctors say that such warr of "Hboley" fame and lent his name to a speculative for private gain.

The company" was the London and Globe Finance Corporation, which made stock gambling its business and lost 55,000,000 of its shareholders' money during the chairmanship of Dur ferin. His plea that he did not understand what was being done by the company and that he found that he could not master th ways of the Stock Exchange In a lifetime of study would add to "his shame but for the mitigating fact that he invested something lowed a verbal fusillade that probably has never been outclassed. Then Mrs. Nation took another tack and finally secured from the Governor a promise that if she would induce the prosecuting attorneys to put the joint keepers In jail he would try to find a way to keep them there. Mrs.

Nation was almost beside herself with joy, and she kept repeating "Oh, praise God. The Governor's on my side. Oh, prase God." The Governor got rid of her by referring to the Attorney General, who sent, her to. the Until a month ago Mrs. Carrie Nation was unknown outside of the little town Medicine Lodge and the short grass country.

Today she is being talked about throughout the United States. In Kansas there is not a joint keeper who does not dread the possibility of her coming nnd in various towns they arc preparing heavy plank barricades for both windows and doors. But the fear of Mrs. Xation is not confined to joint keepers alone. She has faced the governor in his official chamber in the state cealed under their cloaks.

They smashed the plate glass front to Burns' saloon and then made short work of all breakable stuff in the anteroom. They failed to reach the bar, because the proprietor stood them off with a revolver. Wednesday, she invaded Enterprise. Followed by a crowd of women, she went to the Klondike saloon. The proprietor had heard like $200,000 of his own money in proof that he blindly trusted the managing director, who County Attorney, who referred her to the City Attorney, and so' on down the line of officials.

But she gave each of these men a spicy seance. She accused all of thsm woman to meet her. The next day she found Jffrs. Carrie Nation. (A Fine Likeness Sketched from.

Life.) sister married a cattle raiser, estimated to is usually the real head, as in this case, of these companies which borrow a great name to use as their chief asset in inducing the lambs to come to the feasting or the fleecing as the case may prove. I saw how Lord Delawarr was shunned in South Africa, even by English reporters, who are not easily dissuaded from "loving a lord," but his sorry case was not a sufficient warning to hold back others from pawning their coronets in that way. Dufferin's case is different. He bore a spletfdid name and had retired loaded with honors. It is very likely that his humiliation and the awful scandal and chagrin among the nobility will serve to keep others of his sort out of the muck and mire of such operations.

capitol. Before a crowd of newspaper men she demanded that he enforce the state liquor law. denounced him as a perjurer and a law breaker, and worsted him in an argument over his failure to execute the laws he swore to uphold. She has assailed the attorney general, the county attorney, the city attorney of Topeka and the sheriff: she threatens to go Into the Legislature unless something is done to close the murder shops. She has aroused such a tornado of public protest against the liquor traffic that there is no telling where it will end.

Nothing succeeds like success, and every day sees Mrs. Nation's crusade gaining in strength and in followers. Plainly, the state officers are worried. None dares prosecute her. Mrs.

Nation says she intends to camp in Topeka until the governor or somebody else in authority acts. She intends to remind them daily of their or the beer as has not killed its drinkers is irritating and inflaming the nerves of the whole people. Strong efforts are making to have Parliament decree that beer made of anything else than barley malt and hops shall be labeled as oleomargarine is, and that the quantity of glucose or other substitutes used in the imitation article shall be regulated by law. In exactly the same proportion as we drink ale and lager at home are we obliged to take an interest in this question because the malpractice of the brewers has gone on longer with" us than with the English brewers. Once it was discovered that the costly barley malt of good beer could be reduced in quantity or left out altogether by using substitutes sweetened with grape sugar, our American brewers went in for the substitutes as generally as they took to refrigeration to take the place of the old method of storing lager for six months in order to 1st it attain its drinkable quality.

When the matter was broached by a powerful New York newspaper, some dozen years ago and an exposure of the dangeroua ness of cheaply made grape sugar was made a representative of many brewers offered the managing editor 5100,000 to stop the exposure the largest bribe I ever knew to bo offered to a newspaper man. be worth 5150.000. This man's fortune, too, went for whisky. Several years alter the death of Dr. Gloyil the widow married David Nation, a lawyer and editor of Warrensburg, Mo.

Their married life has been pleasant, thpugh Mrs. Nation has always been the master mind. People have called her headstrong, but until she began her crusade nobody thought her of dodging, but, said she, "you can't dodge my hatchet." Then Mrs. Nation spent her time between the W. C.

T. U. convention and the state and city offices. Is Mrs. Nation insane? If so, few of her acts indicate it.

She is a woman of most remarkable nerve and coolness. She speaks well and seemingly is never caught unprepared for an emergency. After each of her exciting experiences last week she talked gaily, much as a young woman after a party. She is willing to accept rough usage because firm in the belief that she is doing good and will win her fight. She declared she will not stop until Kansas is free from rum sellers.

At Hope, ahe refused to eat her breakfast for fear that she would be poisoned. And again she declared she couldn't sleep because some fiend was blowing cigarette smoke through the keyhole to her room in an effort to suffocate her. The records of the Missouri Asylum for the Insane, No. 3, at Nevada, show that the mother of Mrs. Nation died in the asylum September 24, 1S93.

She had been there over three years. After the date of death is a statement that Mrs. Nation's great grandmother, on her mother's side, her grandmother and her grandmother's brother and sister all suffered crazy. Eight years ago Mr. and Mrs.

Nation removed to Medicine Lodge and there Mrs. Nation devoted much time to helping the poor and working against ealoons. Medicine Lodge then was full of joints. Mrs. Nation The case of the head of the Howards, the Duke of Norfolk, is not in the ITALY RUDELY JOLTED BY THE DUKE OF NORFOLK.

same category. Like all English Catholics, he is so exuberant over the growth of Catholicism here and the manifest tendency of the national church to drilt Homeward that when he led a pilgrimage to the Pope "the other day he could not realize the political weight of his per tried moral suasion, but that failed of any good. Then she took a hatchet and went from saloon to saloon, "killing snakes," as she calls it, in exactly the same manner as she did recently at Enterprise, Wichita and other places. From that day to this Medicine Lodge has been a temperance town. After finishing in Medicine Lodge she went to Kiowa and when she left there wasn't a whole liquor bottle in the place.

During the intervening six years Mrs. Nation and her hatchet rested, but she says now that in those six years the spirit of revolt against the demon rum was working on her. A The hitherto irrepressible and tiresome Anglo Boer War is, in my opinion, hearing its end. The raid into tho Cape Colony is the last kick' of the BOER WAR IS WEARING ITS END. duty and will continue to wield her hatchet until every nest of the devil, every rum hole in Kansas is closed or destroyed.

The State Temperance Union, in convention here, voted a gold medal to Mrs. Nation Thursday in recognition her good work and in less than ten minutes $100 was raised to purchase the souvenir. Mrs. Nation refused the decoration, saying. "What would an old woman like me do with S100 worth of gold dangling from her dress?" She would accept the money only to add it to her fund.

Mrs. Nation is 54 years old. She comes of an old family of Kentucky farmers, highly respected and well to do. who removed to Missouri just before the war and settled fiE sonality and ot his utterances. He was thinking only of his religion and not at all of politics, and so it came about that he gave both England and Italy a shock which the month ago it became too strong to be borne from insanity.

Mrs. Nation's mother, while in the asylum, labored under the belief that she was' a relative of Queen Victoria. Mrs. Nation has two brothers, one, Jud Moore, lives in Kansas City: the other, C. H.

Moore, is a wealthy stockman at Louisberg, Kan. Jud Moore, who was interviewed by a correspondent of the Eagle, says of Mrs. Nation: "My sister Is not crazy. On the contrary, she is a remarkably strong minded woman. She has seen eo much of the curse of whisky that she believes it is the greatest evil of our time and she has consecrated the remainder of her life to fighting the whisky traffic.

She believes that the temperance people are in the majority in Kansas and she longer and she started on her second crusade, BEHIND THE BAR IN AN" ENTEBPRISE SALOON AFTER A VISIT BY ELKS. NATION, expiring mule. I say this, because I know how rich and rank in material for rebellion the Colony was up to the time that Roberts took command of the British forces and wooed victory until she established her headquarters with his army. Had there been a raid by the Boers into the Colony before Cronjc was taken you would have seen a rising of nearly all who have Dutch blood In their veins, and that means a great majority of the population. But to day the Boers have gone there too late, and the main rising and all the enthusiasm are on th'e side of the British.

It is the British and their friends who are flocking to The Dutch have had time to see how the cat Is going to jump; otherwise, Great Britain would find herself but at the beginning of a war which might easily take years to quell. The behavior of the guerrilla bands in the conquered states points in the same way. They are rattling around like peas in a skillet over a territory as large as France and Spain, while the British are massed along the railroads and in the principal towns, and only four small divisions, under Methuen, Hunter, Bundle and French, aTe free to operate on wide scales. Not even De Wet seems to have any purpose beyond irritating his enemies and escaping capture, so that I think the "trouble" is nearly at an end. This is purely my opinion, but I am so constantly asked to give it to others both Americana continental press eagerly exaggerated into a cause for a breach of friendship.

Norfolk has prepared a very different speech to his holiness, but the Vatican chamberlain took it and after keeping It a few days returned it in the form in which he told the Duke that the'Pope' would like to have it spoken. Forgetful that Italy is England's only steadfast friend and that her government rejoices in exercising undivided control of the nation, the Duke was led to hope for a return of the temporal sovereignty cf the Pope. It was genuine Catholic doctrine and was spoken with sincerity, by a man who forgot that a year ago he was Postmaster General of England, and who only thought of his father: Again, he deplored the liberty which allowed Protestants to attempt the work of proselytizing in Rome, for his people were always Catholics, and it is very likely that the religious liberty which exists in England carries with it some strings which the Profestants, who have gained it. do not feel. Poor old duke, widowed and the father of an imbecile son he has done well enough by England to be forgiven a single lapse in a useful lifetime.

He, too, was in South Africa, where his far from aristocratic face, Bhort, dumpy body and long beard caused him to be several times mistaken for one of the enemy, and he was very lucky to get away alive. I Cut out nf fl Tnorninp Tinner she was coming and had locked his place. Mrs. Nation broke the class in the front door, clambered through the opening, smashed all the windows and the mirrors, destroyed the pictures and cracked every bottle of liquor. The next morning she was attacked by a mob of women, partisans of saloons, led by Mrs.

Schilling, wife of the proprietor of the Klondike. Mrs. Nation was knocked down and rolled in the gutter. Stones flew at her. She was jumped upon by women who cried, her!" She was too stout to struggle much and she endured with patience.

As soon as there was an opportunity she arose, without showing of excitement. Hen eyes flashed, but she was cool. She stepped deliberately from the gutter to the sidewalk and, raising her hands in the position of a platform orator, began a temperance lecture. For a half hour she talked and her wonderful nerve and courage won her the two saloons in the town locked. She harangued the people of Hope for two hours and 4hen was escorted to the train by the proprietors of the two saloons, each on one aim.

As the train pulled out the crowd cheered and Mrs. Nation waived goodby and "God bless you." Saturday evening found her in Topeka and within an hour she hacl made four ineffectual attempts to enter joints. The saloon keepers had been warned. In the place on Fourth street kept by A. Meyers and his wife she received a terrible drubbing at the hands of Mrs.

Myers, who wielded a broom stick like a section hand does a spike hammer. The blows cut Mrs. Nation on the back of the head and 'on the shoulders. When she entered William Ryan's saloon Ryan, who is a 6 footer, grabbed her in his arms and placed her outside the door. Two thousand men, women and boys followed Mrs.

Nation from place to place and finally it was necessary to get a posse of police for her protection. After each rebuff she would say: "Where's another joint?" Then she would talk to the mob, thus: "This Is not my work that I am doing. It's God's work." Sunday Mrs. Nation took a rest and Monday morning she 'made haste to the state house. She found Governor Stanley in his office, and immediately opened up on him.

It was a painful hourfor the governor that he spent. Probably no other governor ever had such an experience. He was threatened, he was he was cajoled and entreated, he was laughed at, he was catechised on his duties, and all this in the presence of a room full of newspaper men, stenographers and legislators. Mrs. Nation put her questions direct and quick as lightning.

Governor Stanley questioned her method in trying to stamp out the saloons. A TRAGEDY the other day an account of nr i irr the sorry ending of the life ui L.M i a saiOSgiri at one of the Meek and Patient Mr. Nation, Who Wept During His Wife's Interview With UBS. NATION CATECHISING GOVERNOR STANLEY OF KANSAS IN HIS OFFICE. (Jovemor Stanley.

has demonstrated that if the women set their minds to it no saloon can exist in a town; they can stop the traffic in the whole state mends. Then she went to the home of. Mrs. Hoffman, wife of the wealthiest man in Enterprise, tied a piece of raw beef over her Injured eye, and returned again to her place 5n the sidewalk. When she left Enterprise that night a howling mob followed her to the train and amused itself by casting eggs and epithets.

Yet she did not seem to mind. Her last words to Mrs. Hoffman, as the train pulled out, were: "Goodby. Keep up the good work. Don't let them open up the rum holes again." Entering the car she sat down in a front seat and began examining her dress in the lamp light.

Her black skirt was smeared with broken eggs. She wiped the smears with a handkerchief, smelled it and, raising her eyes and looking. upward, said, solemnly: "Thank you, Lord." A reporter was standing In' the aisle beside her seat. "What feature of this demonstration are you thankful for?" asked the reporter. IN.

LONDON.1"8 ladies' topping stores of London. She had taken to a wrong relationship with a man and had died in an endeavor to prevent an exposure. The man whom she said had paid the doctor and the doctor to whom she said she had gone both denied her dying accusations. And she was buried and there the matter ends. This was a country girl who had come to London for whatever it is which induces young men and women to give up pleasant homes and comparative comfort in order to try their luck in the Londons, the Berlins and New Yorks of this earth.

Reach teen miles south of Kansas City, not far from Karrisonville. She was well educated. Her first husband was Dr. Gloyd of Holden, a young physician, who had a 6plendid future before him. He was stalwart, handsome and intelligent, but rond of whisky, which brought him to death iu delirium tremens.

Tbey had one child, which died in infancy. In these days Mrs. Gloyd suffered the privations of extreme poverty and then were sown the first seeds which now are being harvested to the terror of the liquor sellers. Her favorite Mrs. Nation is president of the Woman's Christian Temperance Union of Barber County.

She chose Wichita for her first assault. The last Wednesday in December she warned the joint keepers to close. The following morning she appeared in the bar of the Carey Hotel with her arms full of rocks. In a moment she had smashed the big mirror, which cost She put big holes in a 5500 painting of Cleopatra preparing for a bath. She crushed fine stained glass windows.

She got into. the anteroom and did a thousand dollars' in twenty four hours and keep it stopped. "I went to see my sister while she was in the Wichita jail and J. asked her if she wasn't afraid of getting hurt. She replied: 'Why, brother, these whisky sellers are the 'fraidest fellers you ever saw.

AH I have to do is to walk in the front door with a hatchet and they tumble over themselves getting out, of the back Mrs. Nation is receiving considerable money from sympathizers in all directions. Asked who paid her doctor bills, she replied: "God is my physician." ing London, she found that the wages offered made it impossible for her to engage board, pay carfare and indulge in six lunches dur and Europeans that I am forced to think your readers may also care to have it. Perhaps it is provl SECRET OF dential that Alfred HARWISWORTH'S publishes so many SUCCESS portraits in his vari ous papers here, should have met the untoward fata of being caricatured and defamed as he has been in all the portraits of him that I have been, in even the best American papers. It may causa him to resolve to raise the grade of rapid press pictorography when he comes home.

But, as he is the most prepossessing and picturesque figure in journalism on either sido of the duck pond, I could have wished that he had a fair representation at home. Good locking, graceful, with polished manners, easy and well controlled, he shines like a rosy light among the glaring, insistent lights of the newspaper kings of both countries, all of whom that I know are apt to be very nervous, strenuous and more or less volcanically forceful personages, much more bent on telling you how great they are than on lattingyou discover their greatness for yourself. Harms worth's secret is that he lives easily and leta others do the worrying and the work. He has a seaside home, a hunting box, a great interior country house and park, a fleet of a taste for wide and deop reading and a better half whose charming personality gathers at his various homes a very delightful circle of friends. How he is able to do so much E.mid all this rest and recreation is, I suspect, one of his secrets that my fellow reporters at home have not dragged from him.

Yet it is simple. Where other men establish new papers he establishes editors. He said once, when he was asked how many mora papers he meant to establish: "Oh, I don't know. I have only two men in mind now among the young fellows in my employ. One could conduct a feminine fashion journal excellently, and the other seems able to manage a scientific journal.

My plan is to see wha6 iilfi TRIAL IN ipffifllT Canal case was begun in the United States Supreme Court, because that is the tribunal in which the action of a state against a state is heard. In this instance, as has been said, Missouri brought an action against Illinois Of the United States May Be That of and the sanitary district, the end sought being he prevention of the use of the canal because a determination of the facts in the case, and as questions of fact must be submitted to a jury, it will be necessary to have a jury in this instance, as it was in the Brailsford caso of more than a century ago. President Alexander J. Jones of the Chicago sanitary district, when advised of the Supreme Court's adverse decision, said: "The decision is somewhat of a surprise to us, but, after all, it simply means that the case must now be tried on its merits Henceforth the inquiry of the court will be directed to the question of whether or not the opening of this channel and the moving of Chicago of its supposed pollution of the drinking sewage down the Illinois and Mississippi rivers has really resulted in the pollution of the St. Louis water supply.

If so, equity will justify the grievances of St. Louis and the State ot Missouri and the sanitary district will have to find some remedy to prevent further pollution. "The Sanitary District of Chicago has expended $34,000,000 in the abiding faith that flowing water purifies by the principle of oxidation and to dispute this is to dispute what we contend is an acknowledged scientific fact at least acknowledged by all scientists the world over, except those of St. Louis. The ing each week.

The modern large employer of labor understands how to meet a case of this sort. He builds barracks for the women, barracks for the men. and gives them cheap board en masse, but of which he makes a good profit If he is still more clever, he. manages to establish such a system of fines that nearly every penny he pays to his employes comes back into his pocket. So it was with this girl.

She had an "evening out," like a servant girl, and managed to get ruined, thus seeing all of what is called "life" in very short order. This, mark you, is the story of thousands and tens of thousands in London, with or without tho ruinous ending. That Is according as they are. weak or according as they may be very attractive. They are human.

They like to dress well. They hunger for "company" and attentions, and they are kept as poor as so many blind mice in a stone church. Out of this shop where the girl of my story worked no less than thirteen ran away with THE CHICAGO DRAINAGE CANAL CASE. water of St. Louis.

Counsel for the defendant filed certain demurrers, which, as has, been said, have been overrruled by the court, the moral significance of this action being in support of the contention of Missouri. Incidentally, this decision maks necessary How He Made His Money my men can do; then let them do it." JULIAN KALPM. of the process proclamation was made and the following order entered by the court: 'Unless the state appear by tho first day of next term, or show cause to tho contrary judgment will be entered by default against said This expression about tho jurisdiction of the Supreme Court, from such a source, may safely be taken as final, but in passing it may be well to explain, for the benefit of laymen, why common law procedures before the Supreme Court have not been instituted for more than a century. The case of Brails ford, which will bo more fully explained further along, came into the Circuit Court of oamiury uistrict will stand or fall by this principal, and we are prepared to face the issues in the United States courts of equity, which are now opened to the complaints of the citizens of St. Louis and the State of Missouri." It will be interesting to have something in detail about the Brailsford case, which has the distinction of having beer, the only action ever tried before a jury in the Supreme Court.

The case came to the higher court on appeal from the Circuit Court of Georgia, in the form of a bill of equity filed by "His Excellency, Edward Telfair, Governor body to issue an injunction restraining the marshall from paying over to the claimants any part of the sum awarded them by the lower court, as represented by the amount of the bond sued for. This injunction was granted. In the February term of the Supreme Court (1793) the case came up again, on a motion jOR the second time in history, a jury trial will probably soon be brought 1 before tho United States Supremo Court as a result of the opinion handed down in that body last Monday in the case of the State of Missouri against the Stato of Illinois and the Chicago Drainage Board overruling the demurrers of the defendants. The State of Illinois and the Chicago sanitary officials are defendants in a suit brought by the State of Missouri to stop the use of the great drainage canal dug by the City of Chicago at a cost of 534.000,000 on the ground that the sewage of Chicago flowing through this canal pollutes the water used by the City of St. Louis.

The first and only case tried by a jury in the United States Supreme Court came up from the Circuit Court of Georgia in 1794. The case was a complicated but interesting one, involving as it did the old principle of state confiscation of property under certain conditions, and, incidentally, the right of the Supreme Court to sit in' the capacity of a common law court. Chief Justice Marshall referred to this important question in one of his decisions, citing this instance of a jury trial before the Supreme Court. He says: "At a very early period of our judicial his statute of South Carolina; that those de'ota were not confiscated by the statute of Georgia, for that statute enacts, with respect to Powell Hopton. precisely tho like and no other degree and extent of confiscation and forfeiture with that of South Carolina.

We are also of the opinion that the debts due to Brailsford, a British subject, residing in Great Britain, were, by the statute of Georgia, subjected not to confiscation, but to sequestration; and, therefore, that his right to recover them revived at the peace, both by tM law of nations and the treaty of peace." After some further instructions from tho court, tho Jury brought in a verdict for th defendants ueorgia li91, and because the state authorities believed that the plaintiffs were subject to the operation of the confiscation acts, it asked to be made a party to tho action. The result was that the case was taken to the Supreme Court for final adjudi cation. But to day the method of procedure would be entirely different. The first step would be the consideration of the cause by a court of claims. If it were an action by a citizen against a single state the matter would come up in that state's Court of Claims.

The old theory is that a governing power be it king or a state, cannot be brought into court to dismiss the injunction (1) on the ground "that the State of Georgia had no remedy at law to recover the debt in question," and (2), that "even if there was a remedy at law, there was no equitable right to justify the present form of proceeding." This contention was argued pro and at great length, and the decision of the majority of tho court, as delivered by Chief Justice Jay, was, "that if the State of Georgia has a right to the debt, due originally from Spalding to Bradford, it is a right to be pursued at common law. The bill, however, was founded in the highest equity," continued Justice Jay, "and the ground for granting an injunction continues the same namely, that the money ought to be kept for the party to whom it belongs. We shall, therefore, continue the Injunction until the next term; when, however, if Georgia has not instituted her'action at common law, it will be dissolved." Pursuant to this decision, the cause was tried before a special jury, at the opening of tho February term of the Supreme Court in 1794. The argument continued four days, and Chief Justice Jay then delivered his charge to tho Jury, in substance as follows: and commander in chief in and over tho State of Georgia, in behalf of the said state," against Samuel Brailsford, Robert William Powell and John Hopton, merchants and copartners; and James Spalding, surviving partner of Kel3all Spalding, defendants. The original action was a suit on a bond whereby Brailsford, Powell and Hopton sought to recover some 535,000 frcm Spalding.

When tho case was heard in the Circuit Court (In 1791) the state appeared as a party and laid claim to the amount of the bond, setting up the "confiscation law" enacted by Georgia in 17S2 in support of the claim. Briefly, this law provided for the confiscation by the state, under certain circumstances, of the property of or debts due British subjects or the citizens of other states whose property had been confiscated for the same or other reasons. In the lower court the state maintained that Brailsford was a native subject of Great Britain, that Hopton's estate had already been confiscated by an act of the Legislature of South Carolina, and that Powell also came into this latter category. The Circuit Court, however, declined to admit tho state as a party to the Buit, and the ease having been decided in favor of the plaintiffs. WHAT HE SAID.

"My wealthy uncle spoke very nicely of you, Henrietta." said Mr. Meekton; "very nicely, indeed. I'm sure you would have been flattered If you could have heard him." "Indeed!" "Yes. His tribute to your personal charm was most graceful, and at the same time his recognition of your istore of Information, such as most peopis need a lifetime to acquire, was convincingly sincere." "I should like to know precisely what ho said." "I can recall exact language," Mr. Meekton went on, in gentle innocence.

"He said you looksd like 25 and talked 111:2 60." Washington Star. as a defendant without consent and it was in recognition of this principle that the courts of claim, both federal and state, were established. So, if the action is against a state, the case is brought to a state court of claims, and if against the federal government, In the federal court of claims. Either party to the action has the right to appeal to a higher court. In the case of an action against this state, for example, this appeal would bo to the Court of Appeals, and in the action against the federal government It would be made to the Supreme Court of the United States.

tory suns were instituted in this (the Supreme) court against the states, and the questions concerning its jurisdiction and mode of procedure were necessarily considered. So early as August, 17:12, an Injunction was awarded at the prayer of Georgia to stay a sum of money recovered by Brails ford, a British subject, which was claimed by Georgia under her acts of confiscation. This was an exercise of the original jurisdiction of tho court and no doubt of its propriety was ever expressed. In February, 1793, tho case of Oswald vs. the State of New York came on.

This was a suit at common law. The state not appearing on the return A SPONTANEOUS EITOET. Clarence Did my proposal surprise yea, Clarissa? Clarissa Indeed, it did, Clarence; honestly, I didn't expect to get it witltoat hinting for It. Exchange. We are of opinion that the debts due "You say he made all his money by the pen.

Is he a poet?" "iJo; he's a pork packer." The litigation of the Chicago Drainage the state began an action in defense of its to Hopton Powell (who were citizens of rights before the Supreme Court, asking that South Carolina) were not confiscated by the.

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Pages Available:
1,426,564
Years Available:
1841-1963