The San Francisco Examiner from San Francisco, California • 14

THE SAN FR yCTSCO, TUESDAY MOTINIXO. OCTOHEK 25, 1803. ESPEE WILL FINISH TIE SUPERIOR COURT IN BANK SAYS MRS. BOTKIN MALI I Bh SENT TO DELAWARE FOR TRIAL. 14 1J A WIN'S BODY FLOATING Uncle's Rails to Link II JE The Ghastly Sight May Solve the Ferry Mystery.

I k1 1 -v PCULIAR MASTOP law which falls to provide for the extradition of a guilty man must he understood and adhered to, be-cause It tuny be Invoked as a protection to the innocent, who ore prosecuted without cause, against the annoyance, expense and Invasion of Iiersmial liberty Involved in being extradited. The decisions all taken together with their viirluux mIhuIIiikn amount to the establishment of this rale i. that he who was nctiiiilly lu a State at the time any aet tending to the ultimate completion of a crime was done, or who at anr time after the completion of a crime has entered the State and left, whether voluntarily or Involuntarily, may be retnrned to It for trial. Hut where he never has heen within reach of the vroeess of State since the crime or some portion of It was committed he cannot be sent there. AnV Other COIiat niCtlnn thnn this anlilanl CHARACTERISTIC POSES OF MRS.

CORDELIA BOTKIN IN COURT. Santa Fe and Valley Road. Atchison Would Secure Half Interest in Mohave-Bakers field Division. ABSORPTION CONFIRMED. President Ripley Practically Ac- KnowledgesAcquisition of San Joaquin by His Company.

Special Plspsteh to "The FRESNO, October 24. The Southern Pacific will furnish the connecting link be tween the Santa Fe system and the Valley road unless negotiations now In progress between officials of the two first-named com panies fall. It is the Intention of the Santa Fe people to acquire a half Interest in the line of the Kentucky corporation between Mojave and nakerefleld. This Information was given out tbis evening byf E. P.

Ripley, President of the Santa who to-day arrived from the south In company with other officials of his company and a number of Valley road representatives. The Valley road people arrived from Stockton this morning and were joined by several local railroad men, with whom they left for Bakersfield. There ilicy met the Santa Fe party and returned on a special train, reaching this city about six o'clock. The Santa Fe party consisted of E. P.

Ripley President; Paul Martin, Second Vice-President; V'. G. Nevins, General Manager west of Albuquerque; E. Chambers General Freight Agent of the Hues west of Albuquerque; W. E.

Hodges, General Purchasing Agent; and James Dunn, Chief Engineer. The San Joaquin Valley was represented by Director A. H. Payson Superintendent A. D.

Schiudler, and Chief Engineer W. B. T. X. Gibbs, Treasurer of the Xew York Life Insurance Company was also a member of the party.

President Ripley was seen at his hotel this evening. When asked regarding the reported sale of the San Joaquin Valley Road to tht Lanta Fe, Mr. Ripley stated that the matter was now an open secret and made no denial of It. The Santa Fe now holds an option on a large majority of the Valley Road stock, and It Is only a question of a short time when all the minor details of the transfer of the stock of the Valley Railroad to the Santa Pe Company will be consummated. Mr.

Ripley, when asked for his opinion as to the condition of the Valley Railroad property, stated that the work already coni-4 pleted was of a very high order. He pronounced the roadbed and track as being in the best of condition and in every way equal to the traffic that would be required by a transcontinental railway. In fitting the new road with rolling stock the managers of the new company have looked well Into the future. Mr. Ripley stated that in every way the officials had found that the equipment of the Valley Road was In every respect equal, and in many ways superior, to that of any of the overland lines.

When questioned as to what steps had tVen taken to cover the break from Mojave to Bakersfleld the President of the Santa Fe said that this was a matter that would soon be brought forward for solution. Several routes had been selected and surveyed, aUhough he could express no preference for any thus far mapped out. Mr. Ripley intimated that an early connection between these points was at hand. He did not believe that the operating of through Santa Fe trains from Chicago to San Francisco vould be long delayed.

He Etated that it was likely that an effort would be made by the Santa Fe to secure a half Interest In the trackage now owned and operated by the Southern Pacific from Bakersfleld to Mojave. "If this arrangement can be effected It will give the Santa Fe a transcontinental line from Chicago to San Francisco," said Mr. Ripley, who was quite confident it will soon be accomplished, as the matter has been under consideration for some time. Mr. Ripley, together with the party of officials, will make a tour of inspection over the Visalia branch to-morrow evening.

I'POD their return they will start for Stock- THE VAU.EV ROAD OPTIO. Mr. Watt Saya That the Line Will Be a I ompetlnu; One, Before the close of the present year the Panta Fe Uallroad Company will close its option on the 18,000 shares of Btock of the Ban Joaquin A'alley Railroad and assume control of the last named line. Those who are engaged in perfecting this arrangement have so far declined to state clearly and positively whether or not the fianta Fe people have or have not given a guaranty that the present competitive policy of the Valley Railroad will be maintained. With the option for the shares of Valley road closed, the Santa Fe will be given an entrance for its line to Saa Francisco and the stockholders of the Valley road, the people who advanced the money to make the construction of a competing line potslble, are deeply interested in knowing whether or not, under the changed conditions of control, a combine with the Huntington system will be made.

When Robert Watt, Vice-President of the valley road, was asked whether the directors and trustees of the Valley Kaaroaa naa any assurance as to whether the Santa Fe would cancel its traffic a. ments with the Southern Pacific should the Santa Fe absorb the Valley road, and whether the company would refrain from making any such agreements In the future Mr. Watt said: "If the Snnta Fe system make ar rangeiuentw to enter San Kranr1.ro and the northern portion of th Mate over the traeka of the Valley road, they will have no farther use for any of the traflle aareement thnt they now have with the South era I'liellle Company." Mr. Watt was then asked If there were any assurances to that effect and of what these assurances consisted, and he replied: "We have both written and verbal agree rr.ems ana understandings with the ones who have taken the option upon the stock ci ine vaney roan tnat when thev entor hoi them California and San Francisco, that win be as a thorough and complete oom Supposed to Be the Remains ot Mrs. Mamie Miller.

SHE CANNOT BE FOUND. Hat and PurR 311 Been as Positively Identified Hers. There seems to be little reason that the woman who dlsanneart 'iu lurj Oakland ferry boat Piedmont on Saturday uiBui committed Bulclde by leaping from the window of the ladles' room Into the bay, and quite as inevitable is the conclusion that the woman was Mrs. Mamie Miiw Two acts of persons yesterday saw the body of 4 woniau floating In the bav. and th most careful search has failed to find Mra.

aimer alive. The boOy of a woman, now suDnosel tn that of Mrs. Miller, was passed by the steamer IJay City on her 11:43 trip front this city lor Aiameaa. Some sailors on the rmiaee Philadelphia also saw the body and reported the fact to the officer of the deck. Can.

tain Leale of the trip to this city, told Boatman John Carter of tho floatlne diately put out In quest of It. Two hour" were spent In the grewsome search, but the romalns of the unfortunate woman were not seen again, and It in probable that they were carried out to sea by the tide. The Hay City went so close to the body that Captain Leale stopped his steamer, thai the paddle wheel might not strike rh corpse. To the suggestion that he ml), have made an effnit nannui. IUC UUU Captain Leale replied: "The steamer is not nriantcr) tni, The only thing that could be done in such a case wouia De to put the body on deck, and that would be hardly proper.

When a body COmeS to the nuirtara II la 11- lo fiuuorany decomposed, as it Is nine days after drowning. I did not Imagine that this body could have been in the water but a day. I had no time to look at It closely, for I was endeavoring to avoid striking it with the wheel. That I did not Btrlke It 1 know, because the cook on the vessel saw It pass by. "The cook says that the face could not be seen, as it was covered by the clothing.

The legs were slightly drawn up and the tips of the shoes were just above the water. We passed the body Just to the north of the Philadelphia. The tide was at the ebb and was carrying the body down tbe bay. On the return trip we saw nothing of it. As soon as we reache4 this side I notified the boatmen." John Carter, the hnntman -i, oaiu LU a US went down the bay as far as Alcatraz, but did not get a sight of the body.

No explanation Is given of the appearance of the corpse so soon after drowning. It has been suggested that Mrs. Miller might have taken poison before jumping overboard, and the body bo swell that it was made buoyant Another theory 1b that her clothing may have buoyed her. The boatmen will make another ettort to-day to recover the body. There can be little doubt that the woman was Mrs.

Mamie Miller, who for Bix weeks has been residing with Mrs. Carrie Howard at 102 O'Farrell street. Howard Identified the hat, purse and hand-kerchief found In the ladies' waltlng-rooia of the boat aa the property of Mrs. Miller, and Harry Gonzales, steward of the Piedmont, discovered foot-prints on thewlndow- siii irom wnich tlie unfortunate woman hurled herself Into the bay. Some months aeo Mrs.

Miller mr to commit Biiiclde by taking laudanum at her rormer residence, 3U3 Prospect place, Oakland. At the time she said that financial troubles were the cause of her tiring of life. Her friends say that her final passing was due to the same source. In August She Was forced tn aVan1nn Um Oakland home and take lodgings In this city with her friend. Mrs.

Howard .1,1 known ber for a number of years. She made little or no allusion to er financial I(eH- cultles, and un to a few davs sen maintain ed a cheerful disposition. Last week she went to Visit friends in Oakland mH nn hor return said she bad an attack of the "blues." She became morose and desnnn. dent, and on Thursdav was feelinc verw badly. The next dav she hrlchteneit nn a bit and said she had an aannintmani Oakland on Saturday.

bhe borrowed a hat from one of her friends to wear across the hav. and tnnlr an iM purse belonging to Mra. Howard, saying she wanted something to hold In her hands. When she left the bouse she was anoarentlv good humor, and tnomlaed to he hams before midnight. The next heard of her was when Mrs.

Tin ward tug ubIihH in Man. tify the hat and purse found In the ladles' waiting-room of the Piedmont. Mrs. Miller was a widow. Her husband, who was an engineer, was killed ten yeara ago in Colorado.

The story that she had a boy seventeen j-ears of age is denied by her friouds. She was a woman who was used plenty and could not reconcile herself to poverty. BUILDING, I New Building TO LET i Greatly Reduced Prices which make them the cheap' of any in the city, Light, Heat and Janitor Service free. Elevator ser unsurpassed, RENTS 1 From $15 per Month Up. 214 Hearst Building, or a at i i a uii otreei.

A I'DGES COOK, Seawell, Borden, WaN lace and Troutt of the Superior Court have decided that there Is no law which authorizes them In sending Mrs. Cordelia Botkin to Delaware to be tried on a charge of murder for the pol- sonlng of Mrs. J. p. Dunning, formerly of this city.

Governor Budd Issued a requisition for Mrs. Botkin'a arrest, the Delaware authorities alleging that she was a fusrltive from Justioe, though it was conceded by all that she had- never been In Delaware the an. cusfltion being that the murder was com-mltted by sending poisoned candy through the United States mall. The opinion of the court, written by Judire Cook and unanimously concurred In by the other Judges, said: If tliee allegations be trn. moat heinous crime has heen commuted, one deserving the greatest punlah- went known to the Invr, and if a leirnl war can he found aenil tli prisoner to her trial there, I should lie done.

The eourt has labored earnestly to find a way, hat without avail. The prlaoner, like ail eltl- sen, has eertnln rlahta which have been preserved to her by onr Consti tution, which cannot be violated. When the Government of the I'ntteil States win formed, the frainera of lta Cwittltutlun, as well the framerg of the Article of Confederation which preceded It, made certain provisions for ttie surrendering of criminals by one 8tate to another. The Articles of Confederation, the Con stitution, the statute pawed by Consress to carry the tountlniuoual nrtivlniuiii Into effect, and the statute of this State paused to aid in carrrUis them Into eflect, all provide for Interstate rendition of "fugitives from Justice," but the provisions of each are specific and positive. Citations from the Articles of Confederation and the Federal Constitution Illustrate this point.

In the Artloleaof Confederation these words occur; If any person guilty of or charged with treason. peting line, and that lta character will not change. "We have written and spoken agreements that they will be and will remain fall and free competitors for the business of San Fran clsoo and the State through which they run. I have repeatedly said that the Valley road would not losa Its character as a competing line, and it will not. "The freight and passenger rates which have already been established cannot be raised, and the change In ownership of the stock merely means the difference between a local line and a transcontinental line.

I cannot now, and It would not be businesslike, to produce the assurances that we have obtained from those who hold the option upon our stock." Being asked as to the story from the East ob iu a prupuseu iramc agreement Dot ween the Southern Pacific and the Santa Fa hv bich the latter would use. th tracks nt ttia Southern Pacific to reach the Valley road at Bakersfleld, Mr. Watt said: "You must ask the people In the East hence that csme. I know nnthlm nt i know that I am one of the Incorporators of a company that Is intending to build between Bakersneld and various points south over me icnacnapi mountains. I have Just returned from a survey of the Teton i ith Mr.

Storey, our engineer. Mr. Storey ready bad several survevs thmncrh that country, and he took them to make a gea- rai observation or tneground reconnols- sacce of the general location. Th wnrir pon this line Is going ahead Juat as usual, nd we expect to connect th mi nr ho Valley road with points south. "I'nder those clrcnniitsnesi h.

will be no need of any traflle agrree ment with the Southern. DECISION AGAINST AN INSURANCE COMPANY. Judgment of the Washington Court Sus tained by the United States Court of Appeala. The United States Court of Annuls flay rendered a decUlon In the casA of th fct Manchester Fire Insurants Homns tiffs in error, vs. Robert Abrama.

defendant in error, sustaining the action nf the cikii wnirt of Washington, which gave judgment for the defendant. The suit concerned a claim Of J2.412 held hv- iha AarAar. iL imurance company. In 1892 Abranis entered w. unci uoui uhh i inn nu Krtejiieni wun n.

j. bulson, In which Uulson agreed to farm certain lauds, furnishing the seed, implemects and the labor of one man, therefor. Abrams was to fJay all other hiiu receive one-tnira of the crop 1 mtifttae. Aii.er on nar I was unable to keep the contract, and a verbal aKlcriut'lu mm ITIHnfi 1H hlch A j4 a the responsibilities, agreeing to allow Uulson ins portion or tne procerus after his ownclalms wwre satisfied. He ii.surad Ann inn, for 12.600.

and In .1,, i uaj uuru- ea. ine insuraacB coninanv tiii i r.0 the claim, alleging that Abrama had violated the conditions of the policy by representing that his interest in the property wig absolute an unconditional. Under the decision of the Court of Appeals the Insurance company will have to pay tbe amount adjusted. Judge Hose dJsseaited. SMITH'S DANDRUFF POMAOF dines ecsems, dndni(T and itching scalp.

Guaranteed to gWe satisfaction. Price 60 cent. .11 oriiiririsls. hsmple sut fr.e hy Hnj, resuo, till. 7" But bust asm at ExreUlor Homestead.

An enthusiastic meeting of the MaailreClub of the Excelsior Homestead was held at ire's Hall, on China and Mission stree's Saturday evening. Hobert McKenna pressed Among the speakers were K. Ionian ir clay Henley, F. K. Lane.

A cSn 8 A Ityrne, Khodeg Borden, Jarae, Denman 'inn' ard Stone and Francis Pope. man- A down eonnterfeiti of Napa fioda iit. Tlis Dly genuine Napa gJa Is Jacktoa's. "blch authorl7.es them In sending felony or other high misdemeanor, In any State, snail flee from Justice, and be found In any of the vwiirii oiaies, ne snail, upon tlie demand of the Itorernor or eiecutlve power of the Suite from which he fled, be delivered up ami removed to the Slate baring Jurisdiction of his onVnso. In the Federal Constitution the language used Is as follows: A person charged Id any State with treason, relon or other crime, who shall tiee from Justice arid be foimd in another State, shall, on demand of the State from which Be fled, be delivered up to bo removed to the Mate having Jurisdiction of the crime.

Statutes of the United States touching the subject of extradition are of similar Import, conforming to the. provisions of the fundamental enactments. The Court admits that the suggestions made by Assistant District Attorney Hos-mer In regard to the advanced appliances of modern civilization are timely, but it is Insisted that the Legislature, and not the Judges, should make such amendments as are needed. The Court said: Uniet require a different law than that wbleh was sufflolent in the times of onr forefathers the people can establish It. The only power which Is ultimately sovereign In tills country is the people, acting In the manner prcacrllied by the Constitutlnn and capable in that manner of passing any laws whatever in the form of a Constitutional amendment.

The subjection of all the ordinary antiiorltlea and organs of Oils Government to supreme instrument expressing the will of the sovereign people, and capable of being THEJSOILI Anthony Hope's Novel Too sV a Much tor the Frawleys. Girofle-Girofla Prettily and Staged at tta Tivoli. Sung Many of those who cherish pleasant rec ollections of Anthony Hope's delightful ro mance and of the gallant, dare-devil Englishman with the Elphberg hair wisely pre served those recollections by staying away from the Baldwin last night while the Frawleys added "The Prisoner of Zenda" to their repertoire. Just why the Frawleys want "The Prisoner of Zenda" in their repertoire is a secret hidden beneath the fashionable and immaculate Frawley bosom. They are really pleasing and sometimes delightful In comedy and comedy-drama of the up-to-date, drawing-room varietv yet laet night they went to considerable expense and no little pains to demonstrate convincingly for the second time that the one thing they re not adapted to Is romantic drama.

Rudolph Rassendyll Is a big, strapping, Impulsive, adventure-loving fellow chivalry In tweeds; and T. Daniel Frawley cast himself as RasBendyll, and the other Rudolph as well, of course which Is about all that can be said on the subject, for Frawley was himself as usual, and Rassendyll Is not Frawley. Blanche Bates, charming as she Is, Is not of royal bearing, and did not realize the Flavia that Hope created so well as either Isabel Irving or Mary Mannerlng. She gowned her sumptuously, but made her a rather domestic young woman. In the final scene the parting with Rassendyll she Is notably feeble.

Sam Edwards' "Sapt" more closely approached the real thing than any other character In the play, and Mr. Hickman's "Bertram Bertrand" was the usual Hickman young man rather good in his way, if a trifle tangled In his lines. Mr. Roberis as the Black Elphberg was scarcely en rapport or perhaps had not enough to do to impress himself. Mr.

Roberts develops his characters gradually. Like lone- distance horses, he has to warm nn to hi work. Neither was Miss La Verue conspicuously happy as Antoinette de Mauban. She has a certain maidenly respectability that Is not characteristic of the passionate Frenchwoman. The play Is prettily staged" and costumed on the II TIPS nf tna Ii-rtV, production.

At the Tlvoll. The Tlvoll gives a delightful production of Le Cocq't materplece, It It so freshly staged and costumed, so excel lently east and sung, that it hat never been better presented hers. So one could look an siiiK ioe uuai uue role better than the naive and pretty Miss I.ekhter. The flnree Maznurk is ideally embodied In Mr. Pruett.

who sings the music In superb style. Mr. Stevens lias a congenial role In the anxious father and throws Into it no end of comic distress and humor A very pleasant feature of the east is the reappearance of Mifa Jean Clara Walters, an old favorite not seen here for Ave years at Aurore, tlx mother of ths twins. She was CANNOT HOLD altered by them only, it the basis of our Government. It Is fnie, at stated by the District Attorney, that modern mail fiicllltlet make crime possible without the actual presence of the criminal.

Congress has seen this, and has, as to some crimes, acted. The (Vmsl Itiitlon of the fulled States gives Congress the exclusive control of the tne lis and the undisputed right to dell ne wlmt shall be an unlawful use thereof, and to make such unlawful use criminal, with such peuiilty as It fix. even to a death penalty. A tfrcnt crime niny, In the absence of mii oh a atiitiite us we have In this Stnte vis, set'llon iT of the I'enul ode. sii uniiiiiilNliedihiit better tliuu flint the eoiii-tn Mhould attempt to iinnrp power of Moverniiieiit not deleicuted to them.

Aside from those reasons, and the fact that tlie people never have adopted, and unquestionably never would adopt, a law. cwstitultoiial or stditu-torj-, which would penult tlietu, merely bee.mse a cilmliuil charge was made against them in a sister Stnte, to be taken from home and friends and inlo sueli Slate (which Is the mist ruction that the District Alrorncy asks lis to put upon the lewl. the ouestlon hn been folic mil lutely settled by the highest court In the land. and all the Industry of eminsel lias failed to produce one single cuse In which any court has ruled as thev (VvTlfe.Tld n'liile a snnra .,.,.,7 iniru Sdrersoly to their contention. It Was found that the Reggll case, decided by the United State Supreme Court, was conclusive of the question favorable to Mrs.

Botkin, awl that she could not be taken outside this State beoause, as a matter of fact, she is not a fugitive from the State of Delaware; she was never there and thcre- coroUally erected and her portrayal was most Satisfactory. Miss Mvera aa Pumilto Uronson as Marasouln. Mr. Srh lister as tha pirate chief, and Mr. Hnvca a.

Pm good. The old music was as charming as ever. nnelv nlaved. Tn.nicrh n.ni essay tlie role of Girofle-Girofla. Moroaoo'a Grand Opera Hon so.

The sterling old melodrama. ''The Streets of New York." was given an elaborate produc tion ui iuorusco a last nignt. James M. Urophy played the noted rnln nf Rudder supported by the long cast in which the comedy of Mr. liutler's Puffy was conspicuously funnv.

Miss ldv rinioo uk bootblack. Introduced a pleasing lot of song ind specialties. Mies Atwood sustained the leading part of Allda made it possible to Rive dUB effort to the great fire scene, which is quite exciting. The old play la still attractive as a nictnru nf r.mh..,, in an earlier day. At the Orpheom.

The Orphcum was packed as usual to areet the new bill, which, besides the hold-overs The Vaudnv le rrae Unrtnn ih. Juggler; Granat, the whistler; Miss Norman, in her unique and delightful society take-offs; the, Koyleg in "Ca.pt. Impudence," and the btngraph Is very much enriched by the Midgets. W10. though thev have heen bf.ro before, are as fasiinutlne as ever nu r.t appears alone as Anna Held and sing? "Come, rmy iz mo- in excollent English and the cutest manner Imaginable.

The prizefight, in which he subsequently pummels his lamer partner in the most amusing "mill" ever brought to a finish. John nice and Bnii Cohen present a farce called "Thn llnn. moon," which It provocative of a continuous roar of laughter, while It depicts the wlfo's defeat of a recreant prizefight-loving husband, who gets the worst of It at the show, and after his return to the wife. Hoi rich The second series of Hednrlch sons? recitals at Sherman-Clay Hall proves quite up to the standard of the first. Theee artists are almost beyond: criticism.

Mr. Heinrlch'B accompaniments are superb. He gave "The Erl King" laet night and sane It tut well aa to mnW, ti.o. old song a new revelation. Another reclkl oc curs to-morrow and all who love the finest singing will do well to attend.

MUsj M'tnson at the Sew Comerly. Mies Marie Vinson took the part of Matilda last night at the New Comedy Theatre In the otieratic enmortv MqMMo?" part was thrust upon her very unexpectedly. ui-i'duae ui me aoBcnco oi anas inropp, Dut sue carried it well audi gave general satisfaction. There was a verv good hotise and manv hand some toilets. "The Little Hussar" wbh billed to go on, and had been duly advertised, but owing to the absenc alluded to, the management continued the former comedy.

The audi ence fceemed entirclr rileased. All the. ner- formers carried their parts well. "The Little Hussar" will go on to-night. The Colombia.

Mathewa and Bulger In the rag-time opera, "By the Sad Sea Waves," will continue to be tho attraction at the Columbia Theatre up to and including nent Sunday night. The announcement Is made that "Sowing the Wind," Sydney Grundy's famous drama, will bathe attraction at the Columbia Theatre for one week, commencing next Monday night. The Alcnr.nr. "May Blossoms" Is termed a drama of the quiet school, but the audience that last night filled the Alcazar had ample opportunity to give vent to their emotions. The characters are not overdrawn and one touching incident follows another.

Ths cast that produced the drama had every detail well in hand and the result was one of the best attractions seen at the O'Karri'U-street theatre for some time. Miss Gretchen Lyons, who Impersonated May Blossom, was Ideal as a deceived and broken-hearted wife. Krnest Hastings, who took the part of Steve Harland, the hero, who deceived his love rather than see her become the bride of another, threw himself Into his part with an understanding of all Its difficulties. Frank Denithornc as Uichard Asheroft, the wronged sweetheart nf May Dlorsnm, was at his beat. The scene between the husband, wife and returned sweetheart la the strongest In the play.

Little Anita Loose played au important part In bringing about the climax of the drama. She effected the reconciliation of her enlrai.gr Uthvr and mother. The acting of Uie child fore could not have fled. The District Attorney found' support for his side of the case only in a dissenting opinion In the case of the Stateof North Carolina against Hall, who, while standing In North Carolina, shot across the State line and killed a man In Tennessee. The majority of the North Carolina Supreme Court refused extradition asked for by the Tennessee authorities.

The Court here therefore thought the (IlKSfe-ntlno- nnlnlnn was mm- 'ported by sound reasoning, though It la ob- nuua iuai some provision ougnt to be made for the punishment of the perpetrator of such a crime. The opinion adds: Meantime It may be asked, what can be done (o provide for this casus omissus? We mav answer In the lanirniige of Spear: "Nothing hv any extradition process until there Is some authority of law for It. state statutes may he enacted to furnish a remedy not now supplied bv either rederal or State law." Were the courts without any semblance of rlcht to supply the legislative omission, it would lw criminal usurpation of authority, more pernicious to the public Interesti then the escape of, not two, but scores of criminals. Appellate courts cannot deliberately legislate for the punishment of crime without Incurring a moral accountability as grave as that of th criminal who suffers by the usurpation. Tout ts cannot amend nr stututes.

and, upon the hlichnr-la pate dilatory legislatures by providing for tin safety of the public. Neither Actual not possible oonseipiences should deter Judges from executing the luw as It Is plainlr written simply to punish the guilty, but as well to protect the Innocent. The was thoroughly natural. George Osbourne waa perfectly at home and seemed to enjoy the character of old Tom Blosnom. Wallace Sbaw filled the place of Uncle Bartlett and Miss Marie Howe admirably sustained the trying part of the woman whom he had courted for fortr years.

At the Chutes, Theatre. At the Chutea free theatre the "nnliMoal transformation dance" was well received and ine portraits of Mayor Phelan and other Democratic nominees were wildly aoDlauded. l.ii. llun Smith, the wonderful rifleshot, assisted oy ner aister and father, displayed some won-derfu feata of marksmanship, and McBrlde and James, Irish comedians, had a new and amusing skotch. Kelly and Vlolette changed their songes and had to respond to six encores.

Two Immense pythons have jmrt been added to the Zoo and are sharing the honors with the baby alligators. Will Produce Ibaen'a Play. The management of the Frawley Company announces that arrangements are now complete for the presentation of the firs lhaon performance In this city. Mr. Frawley will ornducn "A Imll'a ti, nu.i..

at iuv uniuwiu Theatre on Friday afternoon, the 4th of No- Tj.Um. iie cusi win inciuoe ineodore Hob-erts, Blanche Bates, Louis layne, Lucille La Verne, Sam Edwards, Eleanor Carey, EvaDen-nison and others. TENNESSEE SOLDIERS BEING DISCHARGED. Nearly Two Hundred Men to Be Dismissed From the Service. By orders Issued! yesterday at a-rmr headquarters 174 men are discharged from ths First Tennessee! Regiment.

This is the result of the weedlng-out prooeee which has been going on tor several weeks past. A few of the dlsehargea were made upon application, but the bulk of them were for those who ar considered unlit to serve a olMer. There were aleo ordered discharged, twenty-three men of the Firat Washington, eleven of the Fifty-first Iowa and six of the Twentieth Kansas. These ddsehargaa were all granted upon application. Those who are discharged In this manner are the following: First Wflslilncrton TteirlmentrViTnnrfl1 PotA Oauvereau, Company 1'rlvate Charles E.

Wil liams, Company It; Corporal Frederick A. Fro-sier, Privates Harvey A. Dyer, Wallace B. Taylor, Hurry Woods, Charles Young, Company L); Artificer Francis M. Hiildman, Privates John L.

Liner, Frank Plug, Martin A. Wick, Company Privates William L. Austin, Louis i. Brant, Charles Simons. Company (J; CorHirals James J.

Putuinn and Charles A. Swift and Private Km-tnett C. Mitchell, Company Privates Newton Nlehelsou, Frederick A. Ward, Company Sergeants J. W.

Cbllds snd Fred B. Slee, and Private John Smtth, Company Lj Private William T. Hawkins, 'unpauy M. Twentieth Kansas Regiment Private Henry McKlnley, Company Privates E. McCoy, Kd-ward Llenmnce ('oimtanr h- Sexton.

Company (J: (Wnora'l H. Elder. Com pany K. Private Kriwnrd L. Miller, Company M.

Fifty-first lows Sergeant tTiarles St. George, Company Prlvstes Allen W. Mitchell, Spencer B. Paxtrai. Lewi E.

Rogers, (Xunpsnv Corporal Allium K. Frltch, Prlvstes Kdward H. Mc-Llroy Frank West, Company Privates Frank W. Meredith, Albert W. Patler, Company Privates George W.

Calkin, Frank Joues, Company K. Drill at the Pavilion. The programme for the competitive drill at Mechanics' Pavilion this evening for the benefit of the work of the Army and Navy Christian Commission will begin with a band concert by the Twentieth Kansas, First Tennessee and FIfty-flrst Iowa Regimental Bands. Then will coma a battalion parade and drill by the First Battalion of the Fifty-first Iowa Regiment, Major W. J.

Duggan commanding. In the competitive drill are to participate Company of the First Tennessee Regiment, Lieutenant Robert Milan commanding; Company of the KlftV-filsr InVA Hnfflm.nl C.r.luln 1 mb 'commanding, and Company of the Twentieth imins n'Knnerii, captain w. ii. nisnop commanding. The Judges are regular United States army officers.

Dr. Hllle it to present the trophy, a silver loving cup, to the company decided to the winners. every citizen, guilty or Innocent, to the possibility or neing removed from the HtHte of his residence to distant Ntnto upon the uiere tiling of a complaint lu such other State charging a crime. All cllhetis would be at the uiercv of their enemies, for. under the rnmitltnti a u-n of this 8tnte, which ts In substantially the same language as the ('(institution, It would be the duty of the Uovernor.

noon It helmr i him that a criminal elm order the arrest and removal of the person charged, for it has always been held ihat the quesliou of guilt or Innocence cannot be inquired Into. Such rcsuii was never contemplated, either by the iramers or tlie Constitution, Congress or the Legislature of this State. Therefore, words' were iiooi imiicd mnue proor that the person charged had lit SOIllS time tmnn wllhln .1... in demanding State necessary before ui me cmzen coutu ne disturbed. Attorney Geonre A.

Knlc-hr ni-niin. the Drisoner. annn-lllifral thai JO nilliug to have the case continued to any day that would best serve the convenience of the muy ana Attorney. Mr. Hosmcr said thnt s-sv riMUlU JVS UI IU ociue in a rew dayB whether to present the uj mt? uranu jury or to proceed against the prisoner by informal ill Mrs.

Botkm WBA nrHrwr1 a. j-i, until next Saturdsv voeuuiion iuo pian to oe followed. Demented Woman and Her Attendant Drowned at Vallejo. Mrs. Vincent Ryan and Miss Emma Smith of Thig City Lost tSpeetel Dispatch to "The Examiner." VALLEJO, October before noon to-day the bodies of Miss Emma Smith of iris Clay street, San Francisco, and her niece, Mrs.

Vincent Ryan, were found by boatmen floatlm! In the bay. The bodies had been in ih but a short time when discovered, A few days ago Miss Smith .1,1. and took up her residence on Florida street a short distance from the water front. She was subsequently joined by Mrs. Ryan, who had been receiving treatment in a sanitarium ui 6t.

Helena. The latter was apparently suffering from melancholia. Miss Smith had hnn taking care of her niece. About 10 o'clock this mornlna house together and were not seen again Diligent Inquiry In the neighborhood failed to "twu, aw me ladles came to be drowned but it la presumed that i demented condition, jumped from the wharf and that Miss Smith sprang after her to save her, or that Mies Smith was grabbed by Mrs Ryan and they fell from the wharf toegflher' ncre no or a struggle and the bodies were under water but a short time before they arose to the surface. HEARST QFFICES in This information call at Room HOOKPR Rr I PNT A DIED WITH HER CHARGE.

Pt? 0 a ii! fiayiri a a i bi ft For In to At est vice.