The Bamberg herald. (Bamberg, S.C.) 1891-1972, May 30, 1901, Image 1
- - ' - ... , . . p - . _
T " ' ' - ; ; -:.' -;'
The Bamberg Heraed. 1
ESTABLISHED 1S91. BAMBERG, S. C.. THURSDAY. MAY 30.1901. OXK DOLLAR PER YEAR. M
g . ,-.-j
I ? ? tvirn nr a
TILLMAN ANIL
Both of South Ca
Send In Their
IIIIMI is I
Outcome of Joint Debate at Gaffney
Was an Unexpected Denoument
and Tremendous
Sensation.
During the joint debate between
Senators McLaurin and Tillman, at
Gaffney, S. C., Saturday, the latter
replying to a remark of McLaurin,
stated that he was willing to resign
his seat in the United States senate
if McLaurin would and, with him, go
before the people as candidates for re
election, the one against ue other.
The challenge was quickly accepted,
and after the meeting was over both
men wrote and mailed their resignations
to Governor McSweeney, thus
leaving the Palmetto state without a
representative in the upper branch of
the national congress, a situation
which has not obtained since the days
_ of reconstruction.
Among those who realize the import
of the resignations it created a sensa-1
tion. It was the most startling and j
* dramatic incident in South Carolina's
startling politics for very many years,
^ and the very novelty of the situation
leaves considerable doubt as to the
procedure.
The joint debate was the most interesting
political, event in South Carolina
since the famous Tillman cam- 1
p&igns of 1S90 and 1S92. Senators Till- :
man and McLaurin occupy antagonis- i
tic attitudes on questions of national J
politics, and as a result their personal '
relations have become greatly strain- 1
ed. This was made manifest in the ]
course of their debate, and some of
the passages between them were in- J
tensely exciting. Tillman is the su- ?
perior of McLaurin as a campaign <
speaker, but the latter is full of ear- <
nestness and spirit, and holds up his 1
end of the argument with vigor. He 1
had many supporters in the crowd and <
his strong points were warmly cheer- 1
ed. The majority of those present ap- 1
peared to be with Tillman, however, 1
and this gave him the advantage. 1
Tillman's Version. 1
"McLaurin made a bluff at me," said <
Tillman after the discussion was over, <
"and didn't think I'd call him. I felt 1
that after I had made an assault in his 1
honesty and integrity of purpose, he i
tried to parry that by taunting me I
with the assertion that I wouldn't <
teave my six years' bomb-proof. I saw 1
the opportunity to make a ten strike
* for democracy, and I was ready to
take it, regardless of the personal
sacrifice. I want South Carolina to
say whether she wants two democrats
or two republicans in the senate. If
the people don't want to re-elect me,
I don't care to serve them. I shall
announce my candidacy to succeed myself,
and will take such other steps
as I find desirable. I regard it fortunate
that this is an off year, so that
we can discuss these national issues
without any trading and combinations,
the voters can live upon these issues
wthout outside Influence. If I relieve
the state of eighteen months of McLaurin,
I think I am entitled to some
credit and thanks. If a commercial
democrat isn't a republican, I don't
know what he is. If McLaurin is a
democrat, I am not I want the people
* to decide between us."
McLaurin's Comment.
Senator McLaurin, when asked
aty)ut the resignation, said:
"Tillman made a bluff today and I
called him. I put "him in a position
where he either had to resign and go
into a sensational race with me, or
confess he was bluffing and was afraid
to risk his political scalp, though willing
to knife me in a campaign in
which he was not a candidate and had
nothing at stake. All I desire is a
free, fair and open fight witn Tillman
on the issue upon which we differ. I
earnestly hope mat all others will
keep out of our race and run for the
other senatorship, so that Tillman and
I may meet as man to man and fight
it out He said he was unwilling to
bulldoze me into a joint debate with
him, if I was afraid to meet him, and
I hope he will not show himself
afraid to meet me in the senatorial
race. I hope he will not get any of
his strikers into the race to dodge behind,
but will meet me in it alone."
Governor Has Resignations.
'Governor McSweeney at Columbia.
Sunday morning, received, on the
train while preparing to go to Chickamauga,
the official resignations of Senators
Tillman and McLaurin, dated at
Gaffney, May 25th, to take effect September
15th next When asked what
he had to say about the matter, Governor
McSweeney said: <
"The resignations of Senators TillAggy
May Visit Us.
A special from Washington says:
Aguinaldo is likely to come to the \
United States next fall and spend the
winter in Washington. This information
reached the war department in c
the mail from Manila. t
c
Birmingham Piumbers Out. t
All the plumbers of Birmingham, i
Ala., are out on a strike. The strike t
is due to the refusal of the employers
to grant a seven-hour day on Saturday. I a
KEENE'S COLT TAKES CASH.
Three Year Older Easily Wins the j
Coveted Brooklyn Handicap.
James R. Keene's Conroy, the first
three year old to win a Brooklyn han- <
dicap. cantered home a winner at .
Gravesend Saturday with the odds of <
4 to 1 against him. Herbert finished I
second and Standing third. The fa- I
vorite, Banastar. was away back in 1
the ruck, unable to get up his speed i
in the heavy going, me stake was <
$10,000, of which $8,000 went to the i
winner. <
MIAURIN OUT
rolina's Senators
Resignation.
man and McLaurin as United States
senators was received by me in the
mail this morning as I was leaving
for Chickamauga, the resignations to
take effect September 15th. I will not
take up the consideration of these resignations
till I return to my office. At
the present I have nothing to say and
no comment to make upon the action
of these gentlemen."
The meeting has created great interest
all over the state on account of
its being the first between the two
senators since their difference became
emphasized, and there was a large attendance
from other counties.
Interest at National Capital.
A Washington special says: Senator
Tillman has resigned his seat in
the senate for the purpose of forcing
Senator McLaurin to meet him on the
stump. That is the view which South
^arolinans in Washington take of the
announcement that both senators have
resigned. They are at a loss to understand,
however, what object'Senator
McLaurin could have had in resigning,
for they believe he can have
no hope of re-election. Whatever may
be the explanation o. the course of
the junior senator, it is not doubted
that these resignations are the prelude
of the most sensational political
fight that has occurred in the Palmetto
state in recent years?a fight in
which personalities will be indulged
in with the utmost freedom.
Ever since Senator McLaurin broke
over the party lines in the senate and
refused to follow the democratic party
in opposing the peace treaty, the Hanaa
ship subsidy bill, the army bill and
Dther measures, Senator Tillman has
been axious to break a lance with his
independent young colleague. Senator
McLaurin, in his recent speeches in
North and South Carolina, has resented
the attempt of Senator Tillman and
pther leading decorats of the state to
criticise his independent attitude, and |
has indulged in certain reflections
upon Senator Tillman and others who
iiffer with him, which incensed Senator
Tillman so much that he issued a I
!ormal challenge to Senator McLaurin
to go upon tne stump and jointly dehate
the questions at issue before the
roters of the state. Senator McLaurin
ieclined to accept Senator Tillman's
challenge on the ground that the latter
was not a candidate for re-election
to the state senate. McLaurin intimated
that he would cheerfully debate
the issues of the campaign with any
)f the avowed candidates for the position
he now holds. Senator Tillman
lad just been re-elected for a second
term In the senate, his election being
practically unanimous. His resignation
is doubtless for the purpose of
placing him on an equal footing with
the other rivals of Senator McLaurin
md thus forcing the latter to meet
lim-ilpon the hustings.
STREET CARS IN AWFUL CRASH
rive People Instantly Killed and Many
Hurt In Trolley Accident
at Albany, N. Y.
A special from Albany, N. Y., says:
Ho onrc rnoinc fnr a swlfoh 'whilA
unning in opposite directions at the
ate or forty miles an hour, cost five
ives Sunday afternoon by a terrific
collision in which over forty promilent
people were injured, some fataly
and others seriously.
The lobby of the local post office
illed with dead and wounded, hystercal
women and children looking for
elatives and friends, surgeons adminsterifig
temporary relief and ambuances
racng through the city taking
;he wounded to hospitals, were the
>arly intimations of the accident.
The scene of the accident was a
;>oint about two miles out of Green>ush,
on the line of the Albany and
nudson railway. The point where the
jars met on the single track was at a
iharp cure, and so fast were both runling
and so sudden the collision, that
he motorman never had time to put
>n the brakes before the southbound
:ar had gone almost clean through the
>ther car and hung on the edge of a
ligh bluff. One motorman was pinoned
up against the smashed front of
he southbound car with both legs severed
and instantly killed, while the
>ther one lived but a few minutes.
Fully 120 men, women and children
ormed a struggling, shrieking pyra
* J JAV.
ma, mixea wuu uiuuu, uciatucu yvnions
of human bodies and the wrecktge
of the cars. Some of the more
ilightly injured of the men^extricated
hemselves and began to pull people
>ut of the rear ends of the two cars,
tnd almost every one was taken out
n this way, and nearly all were badly
njured.
SAVAGE ACTS OF FILIPINOS.
Perpetrators of Horrible Crimes Keep
Military Courts Hard at Work.
Officials papers received at the war
lepartment from the Philippines give
he details of many horrible crimes
committed in the which
he perpetrators were tried before miltary
commissions convened from time
:o time.
Many 01 them, for savage cruelty
tnd pure wantonness, are unsurpassed.
MORE MANILA SCANDALS.
\rmy Officers Arrested on Charge of
Trading In Permits.
A Manila special says. Captain Michael
Spellman, Lieutenant D. R.
Jones and Surgeon D. W. Welch, of
company G. Forty-third infantry, stationed
at Maasin, Southern Leyte,
have been arrested on charges of
trading in permits to ship hemp from
closed ports. They will be tried by
courtmartial. It has not been determined
whether Manila hemp buyers
are directly implicated.
FOURTEEN LOSE LIFE
Freshet Disasters In Tennessee
Worse Than First Reported.
EUZABETHTON ALMOST RUINED
The Majority of Fatalities and
Greatest Property Loss
Occurred In East
Tennessee.
The Tennessee river reached the
height of 35.8 a'. Knoxville Thursday
afternoon, and then began falling. Its
tributaries in upper oast Tennessee,
where the greatest loss has resulted
from the flood, have rapidly receded
into their banks, revealing wreckage
of houses and bridges and ruined
crops.
The loss of life thus far reported aggregates
fourteen, though it is not
improbable that there are others.
Three bridges are reported 6wopt
away in addition to the twelve reported
Wednesday. There were two road
steel viaducts in Washington county,
over the Nolachucky river; Sullivan
county steel bridge at Devault's ford;
Ohio river and Charleston railroad
bridge near Devault's ford.
The loss at Elizabethton due to the
flood is conservatively estimated at
about $250,000. The damage to the
town of Watauga is estimated at
$150,000.
The Holston river, near Hogersville,
was higher than it has been since
i CC7 Tho -orator tmirhori thp tracks
on the Southern railway's steel bridge
near there.
At Knoxville the flood did a great
amount of damage. The Onega, steamer,
largest vessel plying the Tennessee
above Chattanooga, was wrecked
Thursday afternoon, being a total loss.
Traffic via Bristol on the Southern
railway, Norfolk and Western route,
will be delayed until the bridges that
were carried away are replaced.
The Southern hopes to handle trains
by Asheville and Spartanburg, to and
from the east, while the road through
Asheville, via Salisbury, will not be
in use for several days.
The damage in North Carolina from
floods is far worse than at first reported,
especially to the crops and the
fields. Many fertile bottom lands
were entirely denuded of soil and are
totally worthless.
Aii Southern railway trains between
Charlotte and Atlanta were temporarily
operated by way of Columbia and
Spartanburg on account of a washout
of about 300 feet of a trestle at the
approach to the Catawba river bridge
ten miles below Charlotte.
The heaviest damage to the Southern
railway is on the Western North
Carolina division. In many places
along the line great gaps are found
on the track.
Asheville is without water. The
flood so badly damaged the waterworks
plant that it may be several
days before it can supply the city
again.
LEPER HOME DEMOLISHED.
Louisiana People Forcibly Object to
Establishment of Lazaretto.
The Louisiana state leper board recently
quietly purchased a large plantation
in Jefferson parish, opposite
New Orleans, and made arrangements
to establish there a leper lazaretto.
When the news became public Jeffries
and St. Charles parish were
aroused to indignant protest and
threats were freely made that the
torch and the rifle would be employed
to prevent the transfer of the leper
colony to the point selected.
At a meeting Wednesday the board
heard vigorous protests of the citizens
of the two parishes, but deeided
to take no action at present. The protestants
concluded that the board was
determined to at least attempt to establish
the lazaretto in Jefferson.
The result was that during Wednesday
night the proposed home and
other buildings on the plantation selected
were fired and totally destroyed.
The facts will be at once reported
to Governor Heard.
FAITH CURISTS IN TROUBLE.
Followers of Dowie Held Criminally
Responsible For a Woman's Death.
A coroner's jury at Chicago, which
for two days listened to the evidence
in the case of Mrs. Emma Lucy Judd,
wife of one of the officials of John
Alexander Dowie's Zion, returned a
verdict holding Dowie, H. W. Judd,
husband of the woman, and Mrs.
Sprecher and Mrs. Bratsch to await
the action of tne grand jury. The
two women named in the verdict were
in attendance upon Mrs. Judd prior to
her death. The charge against them
is "criminal responsibility" for the
death of Mrs. Judd, as they failed to
call in a physician.
KILLED HER SIX CHILDREN.
Demented Mother Arraigned In Court
and Found Not Guilty.
Mrs. Elizabeth A. Naramore, who
killed her six children at their home
in Coldbrook Springs. Mass., March
14th last by beating out their brains
with an ax and a club, was tried
Thursday and found not guilty because
of insanity, and Mrs. Naramore
was committed to the Worcester insane
hospital for life.
Famous Boer Diplomat Dead.
Marthinus Wessels Pretorious, the
first president of the Dutch African
republic, the title of which was changed
in 1858 to the South African Republic,
died May 19th at Potchefstrom,
Transvaal Colony.
Mark a Full Fledged G. A. R.
At Cleveland. O., Senator M. A.
Hanna was mustered into Memorial
post. Grand Army of the Republic, of
:hat city. He was received with great
enthusiasm and made a brief speech
>in reply to the congratulations.
I SOUTH CAROLINA I
i STATE NEWS ITEMS.
rsicMCNirjfsjrsirsirsi*
South Carolina Monument Unveiled at
Chickamauga.
The monument erected by the state
of South Carolina on the battlefield
of Chickamauga v:as dedicated last
Monday.
Governor McSweeney and state officers,
accompanied by a regiment of
infantry, arrived in the early morning.
The train bearing General Walker
and the South Carolina division,
U. C. V., was delayed and did not arHvp
until i n'rlork. at which hour the
entire party proceeded to Lytle station,
where the party formed into a
column escorted by the infantry and
marched to the monument, which is
located at the foot of Snodgrass hill.
Governor McSweeney acted as presiding
officer and made an eloquent
speech in which he extolled the virtues
of the American soldier.
Rev. John Kershaw pronounced the
invocation.
Addresses were then made by General
"(j. Irvine Walker, Hon. D. S. Henderson,
Col. J. Harvey Wilson and
Bishop Capers at the conclusion of
which the cords that held the winding
sheet were pulled by four young ladies.
Governor McSweeney turned the
monument over to General H. V. Boynton,
who made an appropriate speeclj#
in reply.
The monument was only completed
Sunday night.
The bronze palmetto tree which
surmounts it was made in Massachusetts,
and was delayed en route. It
was forwarded on a special train from
Cincinnati Saturday night and placed
in position Sunday.
The total height of the monument
is thirty-three feet. The base and
shaft is of South Carolina granite.
*
* *
McSweeney a Probable Candidate.
Governor McSweeney states that he
probably will be a candidate for the
United States senate in the coming
primaries, although he has no definite
announcement to make just now.
. Colonel Wiley Jones, chairman of
the state democratic committee, who
has already announced his candidacy
for the senate, has issued a call for a
meeting of the committee on July 1st
/-. nlon + Vi Q r? Q TT"> no i crn
IU piuu bUV V^l** J^MIQUI
*
*
General Hampton Suggested.
Charleston friends of General Wade
Hampton will endeavor to have Governor
McSweeney appoint him to the
United States senate to succeed Senator
McLaurin, resigned. The joint
resignation of Tillman and McLaurin
will make it necessary for the governor
to appoint two successors. The
understanding seems to be that Tillman
and McLaurin will make the race
for Tillmans' long term. In that event
General Hampton, if appointed, would
serve the remainder of McLaurin's
term, and if able and willing to make
the race, it is said that he could be
easily elected in the primary next
year. This plan is being engineered
quietly in Charleston, and so far no
expression has been asked of Hampton.
The old soldier, however, is
still dear to the hearts of his people,
despite the fact that'he was defeated
for re-election to the senate by Tillman's
influence, and a new Hampton
movement would develop wonderful
strength.
*
* *
Farmers' Institute Free.
President Henry Hatzog, of Clemson
college, will give the South Carolina
farmers an opportunity to learn something
about scientific farming this
summer. Farmers' institutes will be
held in those counties where there is
a manifest interest. The course of
lectures will present to those attending
the results of the most recent investigations
in theoretical and practical
agriculture, and the special needs
of the locality in which the institute
is held will be considered.
All expenses of these institutes will
be borne by Clemson college; the
+V*/\ tm rrc o ro
cuiimiumi.v m nuiuu iuc uiccuugo o.?^
held are asked for nothing but a hall.
These institutes will be conducted by
Clemson professors wherever fifteen
farmers unite in asking for them. At
the close of the county institutes a
state institute will be held at Clemson
college, where farmers will be taken
care of free or for nominal cost.
The institute features of the college
are particularly valuable, and tend to
improve agricultural methods immediately,
instead of waiting for the sons
of farmers now at. college to apply improved
methods.
Speaking about Clemson college, the
building committee, of which Senator
Tillman is chairman, is contemplating
building an additional dormitory
to accommodate more applicants. The
college is popular with others besides
farmers. Electrical engineering is
now a feature.
*
* *
Guarding the Beer.
In accordance with a recent order
issued by Governor McSweeney, dispensary
constables in Charleston have
refrained from emptying beer seized
from blind tigers into the sewers. For
a long time the seized beer was destroyed
because there was no provision
in the law for its retention. There
is a provision by which liquor captured
is sent to Columbia, but the
plan all along was to pour out the
beer. A great deal of money has been
saved by this rule, and now that there
is a beer famine in Charleston the constables
are more eager than ever to
guard it.
COST OF TAR AND FfcA I MfcMS.
Work of a Mob Entails Loss of $3,000
to an Ohio County.
A jury at Bellefontaine. 0., awarded
$3,000 damages to David Rickman for
injuries received at the hands of a
mob. Rickman and Ed Jackson, both
negroes, and Mrs. Nell Jackson, white,
were tarred and feathered and driven
out of town by indignant citizens of
West Liberty. The trio brought suits
for damages against l.ogan. county.
Jackson was awarded $1,000 damages
and Mrs. Jackson $7,000.
RESTS WITH COURT
Georgia Public Property Food
Case Argued Before Justices.
GREAT ARRAY OF LEGAL TALENT
Contention In Ail Its Phases Exhaustively
Presented and Result
Is Awaited With v
Great Interest.
The appeal brought by State Treas
urer Park from the decision rendered
by Judge John b. canaier upon me
mandamus proceeding of the governor
of Georgia requiring him to pay the
state school teachers' warrants out of
funds now in the treasury was taken
up by the supreme court of the state
at Atlanta Thursday morning with a
full bench sitting.
The court room was crowded when
the argument began at 9 o'clock.
Many of the capitol officials were
present, also a number of distinguished
lawyers.
There appeared before the court in
behalf of Treasurer Park Hon. Washington
Dessau, Hon. Dupont Guerry
and Orville A. Park, of Macon; Judge
George A. Hillyer, of Atlanta, and exChief
Justice Logan E. Bleckley, of
Clarksville. Judge Bleckley submitted
a written argument, but made no
speech before the court. Occasionally
he offered a suggestion to Mr. Guerry
while the latter was making his argument
? * * 1 i 11.. I
Tne state was represented uy auw
ney General J. M. Terrell, who went
thoroughly and exhaustively into his
side of the case.
The general hope is expressed
throughout the state that in deciding
the case the supreme court will pass
upon every issue involved; that it
will decide the main constitutional
point in connection with the public
property fund, so that it will be settled
for all time to come. As Treasurer
Park put it, the people want "no
avoidance, evasion or lodging," but a
settlement of the whole question.
The attorneys on bcth sides in their
arguments urged thi court to settle
the case from beginning to end, so
that it may be forever known whether
or not the public property fund may
be employed as is desired, or must be
kept intact in the treasuryMr.
Dessau opened his argument
for the defense by stating the case
generally, and then took the proposition
that the treasurer was merely a
ministerial officer and should obey
the law as he found it without raising
any constitutional objections.
"The treasurer says, 'I have no
funds with which to pay these war- J
rants,' " Mr. Dessau said. "That statement
is not disproven and it is not
denied. But the governor says, 'You i
have the funds, the public property 1
fund; you can pay these warrants
from that.' The treasurer says he cannot
do that as he is forbidden to do so
by solemn convention?the constitu-.
tion of the state."
Attorney . General Terrell began
his "argument immediately after Mr.
Dessau concluded. He opened by saying
that it was Ben Johnson who said
that: "It is unjust to condemn any
one for multiplying words, for multiplying
is sometimes necessary."
"Today if Ben Johnson were here,"
--:J "onH Rpp mV
oaiu jii xciioii, wv*?. ? ~ ?
friends, would he not paraphrase his
words by saying, 'It is unjust to condemn
litigants for multiplying counsel,
for sometimes it is necessary to
multiply."
Mr. Terrell proceeded then upon argument
of the first question involved,
namely, whether the treasurer is a
ministerial or a judicial officer.
He ati4 4bat the constitution provides
for the election of a treasurer,
but nowhere defines his duties.
"His duties are defined by legislation,"
said Mr. Terrell. ,
The attorney general cited sections
of the code wherein it is provided how
the treasurer shall pay out money. He
said that it can be paid out upon warrants
issued from the executive department
and properly countersigned
by the comptroller. i
Mr. Guerry had the concluding argument,
and said it was important to
the people of Georgia that the constitutional
question at issue should be
determined, because it involved a
large sum of money and future legislation.
Unfortunately, however, he
said the distinguished attorney general
had devoted about five-sixths of
his time to argument that seemed intended
to defeat the very end sought
He had devoted most of his argument,
Mr. Guerry said, to endeavoring
to show that the treasurer had no
right to raise the issues which were
now sought to be decided. Mr. Guerry
said he hoped, however, the court
would go to the extent of its constitutional
power in deciding all the Important
issues involved.
Date Named for Cup Races.
rPV,? Amsrlno'c />nn rorpu will hpfin
1UC XlUiViivw w vvtjf wvo.?
on September 21, Sir Thomas Lipton
having by cablegram agreed to that
date and promised to have a formal
request fixing that as the new time
sent by the Royal Ulster Yacht Club.
_____ j
Thought His Wife a Burglar.
At Louisville, Ky., Sunday morning
F. H. Richardson shot and killed his 1
wife, Kittie Richardson, mistaking
her for a burglar.
KILLED IN PRISON CELL.
Man Detained In Memphis Police Station
Slain By Fellow Prisoner.
Alexander Peden, a well known citizen
of Pulaski, Tenn., was murdered
Monday night in a cell of detention at
the police station, and N. A. Gillis, of
Cumby, Hopkins county, Texas, is under
arrest charged with the killing.
Peden had been arrested for safe
keeping, having imbibed too freely
during the afternoon. Gillis was also
arrested for the same cause and put
in a cell with Peden.
ARE FOREIQN LANDS
Snpreme Court Defines Status of
Our Island Possessions.
RELATES TO TAXING PURPOSES
Constitution and Flag Do Not Go Together,
Says Decision?Congress
May Dictate?Four
Justices Dissent.
The United States supreme court
Monday handed down opinions covering
all of the issues on the new insular
possessions whic- have been in
pAntmvorfiv
Although several of the decisions
upheld the contestants on certain issues
raised, yet the most important
decision, that of Downes against Bidwell,
Justice Brown announces the
sweeping decision of the court upholding
the general attitude and policy of
the government up to the present
time.
The effect of this decision is to affirm
the constitutionality of the Foraker
act and to give congress power
to deal with a newly acquired territory
in such manner as the legislative
branch may consider suitable for the
new territory The declaration also
has the effect of declaring that the
new insular possessions do not by virtue
of the treaty of cession acquire
all the privileges and rights of the
constitution.
Of the several cases decided Monday
the two which attracted-the greatest
share of attention from the court
were what is known as the De Lima
case and that known as the Downes
case, and of those two the opinion in
the Downes case is considered the
most far reaching, as it affects the
future, whereas the De Lima case
dealt with a transitional phase of our
insular relations.
What De Lima Case involved.
The De Lima case involved the power
of the government to collect duty
on goods imported into the United
States from Porto Rico after the ratification
of the treaty of Paris and before
the passage of the Porto Rican
j act. The court said the government's
contention in this case was substantially
a claim that Porto Rico is a foreign
territory. The entire case turned
upon that contention, 'ihe court
held that the position was not well
taken; that Porto Rico was not at
the time foreign territory, and that
therefore the duty which had been
collected must be returned.
The decision in the Downes case followed
the history of the dealings of
the government of United States with
Porto Rico a step further, 'l'nat case
dealt with the legality of the exaction
of duties on goods imported from
Porto Rico into New York after the
passage of the Foraker act, providing
for a duty on goods shipped from the
United States into Porto Rico, and
also on those shipped from Porto Rico
to the United States. In this case
the court held that such exaction was
legal and constitutional.
The point of the two opinions considered
collectively is that Porto Rico
was never after the acquisition of
that island foreign territory; that un- .
til congress acted-, upon ihe-question^ |
no duty could be collected, but that i
as soon as congress outlined a method
of controlling the island's revenues,
that acton became binding; in other
words, that congress has power under
the constitution to prescribe the
manner of collecting the revenues of
the country's insular possessions, and
has the right to lay a duty on goods
imported dnto our insular possessions
from the United States, or exported
from them into the United States. It
holds, in brief, that for taxation purposes,
they are not a part of the United
States to the extent that goods
shipped between their ports and the
United States are not entitled to the
same treatment as though they were
shipped between New York and New
Orleans.
Dissenting Opinions.
The chief dissenting opinion in the
Downes case was announced by Chief
Justice Fuller, Justices Harlan, Brew- j
er and Peckham joining in the dissent, j
TT~ A fV? AIIrrVt TX71 ^nlv !
ne bctlU LUC majuiiLj, I.uvugu ..
differing in their reasoning, seemed to
concur in the view that Porto Rico belongs
to the United States, but nevertheless
is not a part of the United
States, subject to the provisions of the
constitution in respect to taxes.
Justice Harlan said: "In my opinion
congress has no existence and can
exercise no authority outside of the
constitution. The idea that this country
may acquire territories anywhere
upon the earth by conquest or treaty
and hold them as mere colonies or
provinces, is wholly inconsistent with
the spirit and genius as with the words
of the constitution. It will be an evil
day for American liberty if the theory
of a government outside of the supreme
law of the land finds lodgment
in our constitutional jurisprudence."
STOP HAZING OR CLOSE.
Congressman Landis Makes Dire
Threats Against Military Academy. I
Congressman Charles B. Landis, of
the thirtieth Indiana district, a West j
Point visitor, is reported as saying j
that if the hazing evil at West Toint
could not be suppressed the military
academy wouid be closed for three or
four years.
"Congress is in a humor to do just
such a thing," said Mr. Landis.
CHAFFEE LEAVES PEKIN.
All American Troops, Except Small
Legation Guard, Depart from China
The last of the American troops in
Pekin, with the exception of the legation
guard, left the Chinese capital
Wednesday morning. The headquarters'
staff departed at 10 o'clock. At
7 o'clock the bands of the British
troops escorted the Ninth United
States infantry from the Temple of
Agriculture to the depot, where a
Japanese band awaited them. All the
generals and their staffs and all the ..
officers off duty were present
*
MINE MADE A MORGUE
Horrible Catastrophe In Coal Pit
Near Dayton, Tennessee.
TWENTY-ONE MINERS KILLED
Bodies Fearfully Mangled By Explosion
of "Blown Blast"?Many
Victims Buried Under
Debris.
At the Richland mine, of the Dayton
Coal and Iron Company, two miles
from Dayton, Tenn., at 4:30 o'clock
Monday afternoon, a terrific explosion
of gas formed by the collection of coal
dust resulted in the death of twentyone
men, ail white, and most of them
married and with families.
The explosion was caused by what
is known among miners as a "blown
blast." It is the custom of the miners
to place blasts and fire them off at
quitting time each afternoon, leaving
the coal thus thrown uown to be loaded
and hauled from the mine the next
morning. The Richland mine is destitute
of water and hence a great volume
of fine particles of coal dust invisible
to the naked eye, accumulate at
the roof of the mine, forming a highly
inflammable gas, subject to explosion
if exposed to flames.
At exactly 4:30 o'clock a dynamite
cartridge was placed in position in
one "of the rooms for a blast The
miners had just started for the mouth
of the mine. The blast did not explode
as intended, but instead a long
flame shot out of the blast hole and
ignited this accumulation of dust Instantly
a terrific explosion occurred
and a seething mass of flames shot to
the mouth of the mine and extended
300 feet into the open air, scorching
the leaves from the nearby trees.
There were thirty-four men in the
mines at the time. Four of these escaped
with slight injury. Twenty-one
were killed and nine were terribly
burned, most of them fatally. The
force of the explosion caused great
masses of coal and slate to cave in
from the roof of the mine and many
of the ill fated miners were completely
buried.
Word quickly reached Dayton ana
rescue forces were at once organized
and proceeded to the mine. One by
one the blackened and horribly disfigured
bodies were taken from the
debris and carried to Ine .mouth of the
mine, where they were loaded into a
locomotive and carried to Dayton.
Scores of relatives and friends gathered
at the mouth of the mine and the
shrieks of' anguish as the forms of
loved ones were removed were heartrending
in the extreme.
The two undertaking establishments
at Dayton were turned into improvised
morgues, where the 'mangled
bodies were dressed and prepared for
delivery to their families. All of the
men employed in this mine were residents
of Dayton.
CONSTITUTION NOT IN IT. *
Solicitor Richards Interprets Kis
Views of Court's Decision.
A Washington special says: Solicitor
General Richards, who had charge
6i the insular cases before the supreme
court, makes the following
statement containing his interpretation
of the decisions of the court:
"The important question involved in
these cases was wTtisther the cession
of territory contained in the treaty of
Paris ma<je Porto Rico and the Philippines
an integral part of the United
States within the meaning of that
provision of the constitution requiring
'all duties, imposts and excises to
be uniform throughout the United
States.' The court held that the ces- *
sion simply made Porto Rico and
the Philippines domestic territory -of
the United States subject to the control
of congress, which control could
be exercised without reference to
those limitations. This limitation, the
court held, was intended to apply to
the states of the union and does not
apply to the acquired territory unless
by the treaty and by subsequent act
of congress it is incorporated within
and becomes an integral part of the
United States.
? /
BOTTLE TELLS TALE.
Steamer Croft Goes Down In MidOcean
and All on Board Lost.
A London special says: A bottle,
which was picked up at Granton Friday,
contained a message saying that
the steamer Croft, with all hands, was
sinking in the mid-Atlantic.
The British steamer Croft, of the Arrow
line, laden with grain and general
merchandise, sailed from New York
January 25, 1899, for Leith and Dundee,
with a crew of twenty-flve men,
and was never heard of. .She has long
since been posted &3 missing at
Lloyd's.
STORM STOPS COTTON MILLS.
Many Large Factories In South Carolina
Forced to Suspend.
A special from Spartanburg, S. C.,
says: The rains of Monday and
Tuesday were very damaging in this
section. High water caused the closing
down of the large cotton mills at
Clifton, Glendale, Pacolet and Tucapau,
seven in number. At least ten
important bridges in the county are
either gone or badly wrecked.
TO "YANKEE1ZE" CONTINENT.
Madrid Papers Make Flippant Flings
at Buffalo Exposition.
The Maarid newspapers have begUD
a campaign against the Pan-American
exposition now on at Buffalo.
They say that the exposition is designed
to undermine Spanish institutions
in South America and prepare the
way for "yankeeicing" the entire continent.
They urge ti.at the South
American republics should boycott the
exposition instead cf supporting it
- . _ . . . _
' "- .i ' ^: i ...-.vi-l;
uUUlMHfc IU ITOUJ |
-H
The President and Mrs. McKinley |
Start on Homeward Jonrney.
INVALID WEAK BUT HOPEFUL
Prospect of Soon Being at* Home ;
Again Greatly Elates the Pa*
tient and Gentle ^11
Sufferer.
President McKinley and party, after
a sojourn of nearly two weeks in San ^
Francisco, left the California city for v.:
Washington Saturday.
Mrs. McKinley enjoyed a refreshing mm
night's rest and seemed elated at
prospect of soon being at home. She
1
was convejeu uuu iuc ^
to the Oakland ferry in a closed carriage
by a circuitous route chosen so .^Jg
the invalid might pass oyer only
smoothly paved streets. She was ac- jg
companied by the president, Dr. Rixey J||
and a trained nurse.
An immense crowd had assembled villi
at the ferry depot of the Southern
Pacific railway. The large open space - ^
at Market and East streets was a solid
mass of humanity through which
the police kept open a passageway for
the president and nis party.
Heads were uncovered as the carriage
bearing Mrs. McKinley approached,
and there was a visiole effort to
restrain any burst of applause as the ^
carriage with drawn curtains passed $
slowly through the throng. .All respected
the frail condition of the snfferer
and enthusiasm was suppressed.
There were no formal ceremonies at f
the depot Goodbys were exchanged
by the president cabinet members and
others of the party with friends who
had come to wish them godspeed and - '
the travelers boarded the ferry boot
Oakland. #
The carriage containing, Mrs. McKinley
was driven on to the lower
deck of the boat and the curtains were
partly raised so she might obtain a
glimpse of the bay and the QoMen j8M|
As the steamer drew out of the slip, ,
hats and handkerchiefs were waved, '
and as it swung into the stream the- shipping
in the harbor dipped their
colors in salute. Tumultuous cheers
then broke forth on shore and were borne
out across the waters?San
Francisco's farewell.
At the Oakland mole, where the
train was in readiness, the inclosure <||9
was roped off. Mrs. McKinley was
tenderly helped out of the carriage by . .?
the president. When she had been
made comfortable in her car he ap*^?||&
peared upon the platform and waved
adieu to the throngs beyond the ropes. .^3
The presidential train traversed the - |
state of Nevada Sunday and reached
Ogden, Utah, at 6:30 o'clock Sunday *?
night The route lay along the Hum* ,jf
boldt river through the Ruby and
Wasatch mountains and then descend- |
ed into the Salt Lake basin. During |
most of the day the elevation exceeded
5,000 feet and snow-clad peaks were |
continually in sight from the ear winThe
president makes it a rule ordi> ci
narily not to travel on Sunday, but the. I
present circumstances were so excep- ^
tional that he hid his compunctions in
order that his wife might the sooner ?
reach home.
SOUTHERN SHOWS INCREA8E.
PpAMrtv In Georaia at 8ie
Advance Over Last Year.
Southern railway property in the
state of Georgia is valued at $10,310, ;"J||
851 this year against $10,257,578 last
year, an increase of $51,773. .
The returns were made to Comptroller
General Wright the past week. *
The returns have not been accepted, vvjf
however, and will not be until Comp* jf
trolle^(fcight goes over the returns Js
in detail Tffld comes to an agreement
with the^ratbern officials regarding
the value "of
vannah, Macon, Rome and Atlanta.
The Southern has reduceu .the re- 1
turns on the value of bridges, claim- M
ing that a large number of trestles
have been filled in since last year.
TO REVI8E CHURCH CREED. ^
_________ y' ,-''JvSSm
Presbyterian Assembly at Philadel- jrt
phia Vote Important Concessioner
Creed revision to satisiy conscienrV||
tious office holders, ministers, elders
and deacons, who are disturbed by
some <if the doctrines and certain |
phrases in some of the chapters of the
Westminster confession of faith, and i
a new doctrinal statement of the re- - $ J
formed faith for the million members ' % 5
in the church not office holders, who 3 ^
wish to know what the church be- 8 |
lieves without studying the confession
of faith?these concessions were made
by the general assembly at Philadel- ^
phia with practical unanimity.
ANARCHISTS CLAIM MURDER.
G*oup at Paterson Don't Believe that _ %
Bresci Committed Suicide.
The news tnat Gaetano Bresci, the 'A
assassin of King Humbert had committed
suicide in the penitentiary of
Santo Stefano oaused great excite- ^
ment among the anarchist group in
Paterson, New Jersey. That the aa
* ? - -a? in.
sassm UClUiUljr uio nic ?
archists will not for a moment admit,
They say that Bresci was murdered
3ts ?|
FLORIDA QUARANTINE STATIONS S
? " % ipS
Will Be Leased to Government In Purv
suance of Legisl^lve Act.
A special meeting of the Florida-~~
state board of health was held In Tal- -i
lahassee Tuesday for the purpose of
considering a proposal submitted to
the board from the United States treasury
department through the marine
hospital service to turn over the mari-^j
time quarantine servic^4asdfc^^|^^ N
and lease all quai^fmne stations to
the government a* authority throng*
a joint resolution of the legislature. M