December 21, 1901.]
THE PATTERSON CASE IN MANILA.
CHINA OVERLAND TRADE REPORT.
contended in his closing argument that Act No. 265 is ultra vires, beyond the scope of its powers for two reasons. The two reasons advanced by Mr. Davis are as follows :-
First. That the act is a violation of the treaties now existing between the United States and Great Britain.
Second. That the said act belongs to a class acts decided by the United States Supreme Court to be acts regulating commerce and therefore void because the power to pass such an act is distinctly within the jurisdiction of Congress and no other body.
On the 9th inst., before the Supreme Court at Manila, for the first time Mr. Patterson was allowed to testify in his own behalf. Upon the usual preliminary questions being answered he stated that as he was a British subject, he felt that it was incumbent upon him to refuse to take any oath that would bind him in any way to any foreign country; that he did not dispute the authority of the Collector of Customs and that it was his desire and determination, and Mr. Davis quoted extensively from various always had been, to keep within the require-legal authorities in support of the two aboved ments of the law. When cross-questioned by cited grounds, and argued forcefully from his Attorney-General Wilfley as to his reasons for view point. He said: "It was never intended leaving the ship in Mr. Fiske Warren's launch that the Civil Commission should pass or have instead of following out the usual programme | the power to pass any laws other than local laws and going ashore on the launch belonging to for the government of these islands." the Travellers' Transfer Company, Mr. Pat- terson said:" I did not then and do not now intend to defeat the law in any way. All I have to see to is that my allegiance to my native land is not interfered with." At Judge Willard's suggestion, the Attorney-General asked the petitioner what his reasons were for going off in Mr. Fiske Warren's launch, and he answered that it was only a matter of courtesy arising out of his long acquaintance with Mr. Warren. He said that he had been assured by the American Consul at Hongkong that there would be no difficulty in landing in Manila, and that he would not be required to take the oath.
The case resolved itself into the following points:-
"First, whether or not the Civil Commission has the power to pass laws regulating the com- merce of these islands. It is contended by the attorneys for the petitioner that it has not; while on the other hand Mr. Wilfley has said: The Civil Commission represents the President of the United States in these islands, and I do not believe that it is within the jurisdiction of this court at the present time to make any ruling contrary to what the President desiros done. He has the authority from Congress to act in this manner, and therefore I cannot see what legitimate grounds exist for any one to discuss or dispute the right of the Civil Com- mission to act as a sovereign body, so long as it represents the President and he represents the people and the government of the United States.
Second:-Whether or not the authority of the Collector of Customs ceases upon the landing of an alien in Manila. It is the contention of Messrs. Davis and Cohn that the minute Pat- terson stepped on Philippine soil he was no longer responsible to Mr. Shuster; but the government holds that this contention is a mere technicality and although there may be some good grounds for bringing it up, it can have no vital influence on the decision of the Court." Mr Willey offered several examples illus- trating this stand. Among them was the following: :-"Suppose & smuggler should come into this port and effect a landing unknown to the Collector of Customs. Would that smug- gler be beyond his jurisdiction the minute he reached the shore, or would Mr. Shuster have the right to confiscate his goods and place him under arrest ?"
Mr. Wilfey also contended that inasmuch as Mr. Patterson, through ignorance or other reasons, failed to comply with the law in regard to landing in Manila, he was therefore direct- ly accountable to the Collector of Customs for his act. He said: "Had he come ashore as he should in the launch designated by the gov ernment as the proper launch for him to ride in, there can be no doubt but what he would have been required to take the oath before lear. ing the Custom House; and it was through no negligence on the part of Mr. Shuster that the oppertunity was not given Mr. Patterson at the time. "Mr. Shuster sends his inspectors on board all incoming ships. Their work on board is merely casual, and they have nothing to do with cases such as this one. The pass that Mr. Patterson received merely entitled him to the right to leave the ship on board the Travellers' Company's launch. If there was to have been any further inspection he would have heard of it upon landing."
Attorney Charles A. Davis, associate of Attorney Cohn in the defence of Mr. Patterson,'
The Supreme Court adjourned after a two hours' session and gave out their decision as follows: The case of the writ of habeas corpus, issued on petition of Thomas Toye Pat- terson, having been heard and submitted for decision, the Supreme Court of the Philippine islands, resolved by a majority vote to dismiss the writ and to order the petitioner responsible for the costs of same." Judge Cooper was the only member of the Court to dissent from this decision. The Manila Times says:
Now that the Supreme Court has re- fused to grant the writ of habeas corpus there is some interesting speculation in pro- gress as to the further developments in the case. It seems to be the general trend of opinion that Patterson, backed up by Fiske Warren, the Boston lawyer and insurgent sympathiser who is now in these islands, will endeavour to find some other way in which to contest the action of the government in en- deavouring to make him take the oath of allegiance. It is even said that Patterson will, if he has not already done so, appeal to the government of Great Britain and possibly to the authorities at Washington. Certainly at the present time he has no recourse in the courts of these islands."
Q
CANTON.
[FROM OUR CORRESPONDENT.]
Canton, 16th December. GREAT CONFLAGRATION IN HONAM.
A serious fire broke out in Honam on Thurs- day night, resulting in the destruction of two to three hundred houses. The flames spread with extraordinary rapidity, as is always the case after a long drought in this land of effete fire engines. It is supposed that there was some loss of life, but the exact number has not yet been ascertained. The bulk of the damage is covered by insurance policies held in various Chinese companies. With a view to preventing the spread of fires a series of precautionary orders have been issued by the officials. The great difficulty is to obtain a sufficient supply of water Hydrants are few, the engines are anti- quated machines worked by hand, and the hoses always leak. All shopkeepers are therefore to provide themselves with two large wooden buckets. These are to be kept full of water and to be hung in a conspicuous and convenient place. In the event of fire they are to be at the disposal of the fire brigade. They are to bear the sign of the shop inscribed upon them, and any shopkeeper who fails to comply with this order is to be fined.
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VOLUNTARY INDEMNITY CONTRIBUTIONS.
Among other means for raising the great share of the indemnity which Canton has been ordered by the Court to provide, was a pro- clamation issued by the Viceroy requesting people to give from time to time what surplus they could spare. This was issued in the eighth month, but the response was only 781 taels. The ninth month has produced a larger contri- bution, amounting to over 4,000 taels. These amounts only apply to the suburb; the amount of the contributions of the interior of the city not having been published.
A NOTABLE THIEF
has been arrested on the s.s. Pak Kong. His name is Ng Tang, and for many years he defied. the police of the city. A reward was offered for his capture, which was gradually increased
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until it reached over $7,000. Success made him bold, and he was recognised in Hongkong by a detective who managed to learn his inten- tion of coming to Canton. The steamer was boarded before her arrival, and the thief reached Canton under an escort of police.
KIDNAPPING CASES.
Two cases of kidnapping have been frustrated of late. The first was a most impudent at- tempt to carry off a woman in the streets of Canton. Her husband was a candidate for the M.A. degree, and while he was being examine l she desired to go and call on some of her friends. Not knowing the way she enquired in the streets, and a bystander, on learning her destination, said he knew the people and where they lived, and would conduct her. On the way he puffed smoke into her face, and before she could recover, contrived to chloroform her. She woke up to find herself in a strange room with an old woman who would give no answer to her questions. A day or two later she was put in a chair, and as she was being carried through the street cried out for help. The coolies dropped the chair and levanted. The usual crowd collected, to whom she told her story, and it happened that her husband, who was seeking her, came up, attracted by the crowd, recognised her, and took her home with him.
The other offender was a woman, and was caught two days ago. She brought her victim from the country, where she caught her by a Chinese adaptation of the confidence dodge. The modus operandi is to tell stories of the vats wages that are paid in Canton and to offer to conduct and find work for the other. On reach- ing Canton and again at Hongkong they are told that these are merely villages on the way to the provincial capital. On arrival at Singapore the kidnapped girls are told many tiles of the ways of English magistrates and police, and in their ignorance are generally frightened into complete submission.
THE VICEREGAL BODYGUARD.
The private bodyguard of the Viceroy is now being drilled in European fashion. They wear a red blouse and blue leggings, with the queue coiled up and a blue turban over it. They are armed with chassepots, but do not babitually march and fire with fixed bayonets, which weapons they only carry on state occasions. The men understand how to march in step, mark time, form fours, and such like. They are headed by a drum and fife band, and have a couple of buglers attached to them. The times and calls" played by these are all used in the English army. In the same way the non-commissioned officers walk by the side of their men, and the captain is the only one who is allowed a horse. They are also taught to salute in the English fashion, and always attract a crowd when marching through the streets.
SWATOW.
[FROM OUR CORRESPONDENT.]
Swatow, 16th December. AN INTERESTING LOTTERY CASE.
A certain (or rather, as he is not known, an uncertain) Chinaman started recently a floti tious lottery, the drawing of which, as printed on the tickets, is supposed to take place in Manila, Cuba (siç). Lists of the monthly drawings were duly issued, but no winning numbers ever reached this port. Had it not been for an oversight on the part of the
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management" of the said lottery, the latter would have still found many dupes to purchase its fraudulent tickets. It so happened that a Chinaman here possessed a ticket which should have drawn the third prize, amounting to $5,000. On presenting the ticket to the people from whom he bought it, payment was refused. With a view of obtaining his money the holder of the ticket handed it to a Singapore Chinaman and asked him to use his best endeavours and make the people concerned in the lottery pay. En passant, I may state that this Singapore man is supposed to be a very questionable character. He keeps a school for teaching the English language, of which he has but a very inferior knowledge, to the Chinese. Without knowing the details of the lottery case in ques tion, this man, relying on his British nationality, wrote an official letter to the local Shien,