t
THE OMAHA DATLY BEE: WEDNESDAY, DECEMBER 19, 1000.
Telophono 615-691
things
gift giving at
A Whole page would not contain
even a brief des
cription of tho thousands of
beautiful dress goods awaiting
your inspection here.
Handsotno Plaids for Christmas Just
tho thing for children's dreasc3 19c,
25c and C5c a yard.
Mixed Huttings good, strong school
dresses 25c and 50c yard.
In a word, our Tllack Dress Roods as
sortment for Christmas was never
bettor. Como and sco them.
Now figured Novelties 50c, 65c, $1.00,
$1.25 yard.
French Sergcn 35c, GOc, 65c, 75c yard.
Tho demand grows as tho season ad
vances for the prstty shades of red
material for all kinds of wear Hen
rlttas, Serges, Zibelines, Venetians.
' Wo havo them In all kinds at all
prices 25r, GOc, 65c, 75c, $1.00, $1.25,
; $1.50 a yard.
Christmas Women's all
Handkerchiefs linen hand
kerchiefs, hem
stitched and embroidered, 15c,
35c, 50c, 75c and $1.00 each.
Women's all linen llnndkcrchlefs em
broidered scalloped edges new de
signs 50c, 76c. $1.00, $1.50, $2.00 and
up to $5.00 each.
Women's Real Laco Handkerchiefs
from $1.00 up to $8.00 each.
Women's all linen Initial Handkerchiefs
25o each.
Misses' Handkerchiefs, In fancy boxes
25c per box of three also an nil
linen at 50n per box of six.
Men'h all linen plain Hemstitched
Handkerchiefs 15c, 18n or 3 for 60c,
25c, 35c or 3 for $1.00, GOc, 75c nnd
$1.00 each.
Men's all linen Initial Handkerchiefs
at 25c nnd 35c each.
for
Store open every evening until Christmas.
AeBirra ron faster kid glovks axo MaOAUi pattbrxb.
Thompson, Beldeh &Co.
THE. ONLY EXCLUSIVE DRY GOODS HOUSE IN OMAHA.
T. U. O, . BUILD1KO, COB. 16TII AMD DOUQLAI ST.
the court nnd of the sentiment that on this
"holy ground" Justlco and right were cer
tain to prevail. Tho proposition now pre
sented, small In Itself, Involves results
affecting tho entlro futuro of tho govern
ment. Mr. Harmon briefly recited tho cir
cumstances of tho Philippine case. Emll
J. Popko, a volunteer serving In tho Philip
pines, where, ho purchased fourteen dia
mond rings, valued at $!)00 to $1,000,
brought them back to tho United States,
whore at Chicago tho United States cus
toms officers confiscated tho rings on tho
ground that ns they came from tho Philip
pines, were dutiable, and had been smug
gled Into tho United States. Tho caso
now conies up to tho supremo court on tho
appcltnnt's plea that tho property was not
subject to customs duty, tho Philippines
being, ns ho contends, a part of tho United
States.
Mr. Harmon directed tho early part of
his argumont to setting forth the funda
mental principles of equality, which had
been enunciated by tho Declaration of In
dependence. Tho chief points urged In his
argument were:
Hy tho treaty between the United Stntes
and Hpuln tho Philippines beenmo a pnrt of
tho united States: tho government nnd citi
zens of said United States entered said
Islands by authority of tho constitution,
with their respective rights defined and
marked out. Tho former can excroUo no
power over tho person of or property of a
citizen of the I'nltcd States beyond what
the Instrument confers, nor locally deny
any right which It bus reserved.
Tretity nml Const It tit lonnl IUkMk.
Helng a part of tho I'nlted 8tntes tho
Philippine Islands aro subject to the pro
vision of chiuso 1, section 8, article I, nnd
Emmy to Take
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AKT DEPARTMENT,
The Bee Publishing Company
OMAHA, NE1I.
He, Dec. 18, 1300.
True to the
promise we made
when we were the only ones
left that kept their agreement
to close Saturday nights, we
shall be open evenings until
Christmas. One Saturday
night in a year is enough for
us. Plenty of experienced
help and plenty of choice
our store this year.
fine furs
Now
styles in
3torm
Collars,
tho very
latest
fashion
in neck
furs, are
the storm
collars
with the
long tab
effect,
and tail
trim
ming. We consider them tho
most practical Btyles shown
this Boasou.
Wo havo them In Persian Iamb and
lynx, real fox nnd electric seal blue
(ox and other desirable combinations
from $10.00 to $50.00.
We sell only rcllablo and genulno furs
such ns you can always depend on
line Fur Hons, In sablo dyed fox at $10
flno marten Cluster Scarfs at $10.00
elegant atono marten at $22.00 to
$35.00--otter muffs, $15.00 beaver
muffs at $10.00 genulno brown mar
ten muffs at $8.50.
Astrakhan Vur Capes absolutely guar
anteed not to tear alt stitched and
Interlined at $18.00, $20.00, $25.00,
$35.00 and $10.00.
Poor Sleighing caused Santa
Glaus to tip over his entire
sleigh load of fine linens
At our store, and ns ho could not carry
them, he told us to sell them cheap,
which wo aro doing.
of clauses 5 tind t, section !, article I, of the
constitution of the United Stutes.
And ns thero Is nothing differently stipu
lated In the treaty with resiect to com
merce It became Instantly bound and priv
ileged by tho luws which congress had
passed to raise a revenue from duties on
Imports unit tonnage.
Tho president of tho United States has no
legislative power. The Imposition of custom
duties upon commerce between these
Islands nnd other parts of the United States
after tho treaty of peaco and exclmiixe of
ratlllcntloiiH by exeoutlvn order Is without
lawful authority, nnd the seizure of the
property of tho plaintiff herein, u citizen of
tho United States, under such pretended au
thority, constitutes a. taking of his prop
erty without duo process of law,
Mr. Harmon claborntod these main points,
citing nnd discussing many decisions In
support of them. In tho course of his argu
ment Mr. Harmon conceded that congress
could govern tho now territories In any way
It saw fit so long as the form of govern
ment camo within the constitution it may
be a government, or a governor general, or
a commission, so long as tho government
was not repugnnnt to tho constitution.
Mr. Harmon declared that both tho
Philippines and Porto Itlco aro now and
havo been since tho treaty of peaco took
effect a part of tho United Stntes. They
aro tho property of tho United States In tho
senBo that thov aro held In trust for tho
pcoplo thereof. Tho trust Is an express ono
In that Its conditions aro fixed by the con
stitution. Tho builders of tho republic did
not frnmo a constitution for tho original
thirteen states, but for all tho lands and
people, which In the boncllcent working of
Dlvtno Provldenco shall como under Its be
nlgn tntlucnco and control,
l'len of Attorney Cenernl CrlKKft,
Attorney General Orlggs followed, pre
sentlng tho government's position In tho
case. Ho began In ijutet and conversa
tional style, seldom resorting to gesture.
or emphaels. He said that as counsel had
been "wandering In tho Holds nnd plucking
tho llowers of eloquence," ho would first
glvo n plain statement of tho Issues In
volved. Among thoso who came In to hear tuo at
torney general was Ilcprcsentntlvo Little-
field of Maine, whoso speech In tho Porto
Hlco debate was ono of tho most notnblo
expressions on tho status of tho new In
sular possessions.
Mr. Orlggu' plea Is bused upon a brief of
200 pages, tho greater purt of which is do
voted to presenting tho urgumont of tho
United Stntes, whllo tho remaining portion
Is In tho shapo of nn appendix giving the
text of tho peace treaty botween the United
States and Spain nnd also the text of other
treaties supposed to bear upon tho question,
In presenting tho government's 8ldo of
tho controversy the attorney general first
plated tho two cases upon which tho pro
ceeding Is based. This was followed by n
general explanation nnd summing up of tho
government's position, after which camo the
citation of Innumerable authorities, under
appropriate headings, with pertinent run
St
ning comment upon them. Tho nttorney
general contended that the t'nlted States
has tho power to ncqulro territory; that,
having ncqnlred It, It has tho right to gov
ern It, that ndtnlnlstrntlvc construction,
congressional notion and Judicial precedent
affirm that every port In a ceded country Is
properly regarded ns foreign until laws aro
extended by congress to tho now poises
slons; that tho clause of tho constitution of
the United States declaring duties uniform
throughout the United States Is not appli
cable to new possessions, nnd that the con
stitution does not extend of Its own force
over acquired territory.
Where Hie I,mv Come In,
In his general contention on behalf of tho
United Stntes Mr. Orlggs argued that his
opponents wcro wrong from both n legal
and a constitutional point of view. Referring
to tho IcRal aspect of tho case, ho asserted
that tho Dlnglcy net applied to merchandise
Imported from Porto Hlco and tho Philip
pines after their ces.lon to tho United Sta 03
tho saino as It did before, nnd that In viaw
of tho fact that tariff laws aro In rem thero
Is no principle of Justice, much less of con
stitutional restrlctldn, which forbids con
gress from tnxlng in this way tho merchan
dise of outlying possessions of tho United
States when brought into tho ports of the
union.
Ho laid down ns established tho two fol
lowing propositions:
l'lrst That the tariff net of lf07 was In
tended by congresu to classlfv hh foreign all
countries not pnrt of or belonging to the
t'nlted States nt tho time of Its nnssago
nnd tho subsequent cesMon of the SpanlVn
Mauds to Hie United States did not ope
rate to admit imports from thoso Islands
freo of duty under the law.
Second That the turlff act so construed
und enforced violates no constitutional rule
of uniformity.
Taking up tho constitutional question the
attorney goncrnl declared that there was
no doubt that It was tho Intention of tho
Paris treaty uot to mako tho ceded Islands
a part of tho United States and also Hint
It was intended not to mako the Inhabi
tants of thoso Islands citizens. Tho only
thing that could Justify a declaration that
tho treaty Is Invalid would bo that It vio
lates tho constitution of tho United Stntes.
Intent of the Constitution. ,
Calling attention to tho fact that thoso
who attack the treaty rest their caso upon
no Bpeclfio provision of the constitution,
but rather upon a principle of our govern
ment, which they say forbids this nation
to hold sovereignty over bubject territory
which It docs not muko a part of Itself
under the constitution, Mr. Griggs said:
If this were true Ic would bo a limitation
upon tho usual nnd necessary powers of a
sovereign Independent nutlon of such tre
mendous Importance ns to justify us In
Inquiring why It wns not clearly expressed
In tho fundamental law by tho men who
drafted our constitution, They wcro learned
In the law of nations, thev knew tho nuturo
of colonics nnd provinces and how they
were acquired by treaty and conquest and
discovery and how they were held and
governed by other tuitions. They gavo to
the nation thev founded the usual nntnim-
melcd powers of making war and treaties,
tho most frenuent methods bv which for.
elgn territory Is ncqnlred by tho nations of
tne cnrin. ii tney intended in restrict or
limit their own government In these ro-
snocts. would thev not have done ho In
express terms? They did not do so by any
language which can even be suggested nil
capable of such import und It Is therefore
right nay, necessary to conclude that thej
did not Intend to do so.
Ho then proceeded to argue that this
was not only tho Intention of tho franicrs
of tho constitution, but declared that It
could bo positively shown that so far from
tbclr Intending to organize a government
which should bo Incapable of acquiring for
eign territory except upon condition oi
making it an organic part of tho United
States, the early ntatcsmcn of tho republic
wero under the impression that no terri
tory could bo annexed to and become ft
part of the United States without amend
ing tho constitution.
VJewn of 'I'liumtiM Jefferson, j
Mr, Griggs gavo considerable attention
to tho views of Thomas Jefferson on tho
power of tho United Stntes to acquire ter
ritory. Ho quoted tho letter of Mr. Jeffer
son to Senator Ilrccklnrldgo In 1S03, In
which Mr. Jefferson said: "Tho constitu
tion makes no provision for holding foreign
territory." Commenting upon this expres
sion the attorney general ld:
If this language stood bv Itself and wero
the only utterance of Jefferson on the sub
ject It would Justify that belief as to his
opinion on the constitutional question
which has been commonly attributed to
him. An examination, however, of his
writings and of his wholo course of action
with reference to tho Louisiana purchase,
especially with reference to tho constitu
tional question, shows conclusively that
Mr. Jefferson's doubt was not with refer
ence to tho power of tho United States to
ncqulro foreign territory, but rather as to
tho right to annex It to und mako It a part
of the United States.
Various other quotations wero mndo from
Jefferson's writings and among others the
following from a letter to Albort Gallatin:
There- Is no constitutional dllllculty as to
tho acquirement of territory and whether
when acquired It may bo tnken Into tho
union by tho constitution ns It now stands
will becomo n question of expediency. 1
think It will bo safer not to permit tho on"
largement of the union but by amendment
of tho constitution.
Liberal extracts aleo wcro mndo from the
annals of congress to show that tho only
doubt In tho minds of members of corgress
In connection with the acquisition of Louisi
ana was tho right to attach It nnd make It a
part of the United States. Hefcrrlng to
tho doubts of Jefferson, Madison nnd various
others of their time ns to tho power to bring
acquired tsrritory Into tho union Mr. Orlggs
said that power had now been alllrmed by
tho Judiciary, and he quoted numerous
opinions iti support of tho statement.
Ho contended nlso that "tho conceded
power to ncqulro territory by treaty or by
conquest includes tho right to ptcscrlbo
what terms the United States will ngreo to
In fixing tho futuro status of Its Inhabl-
tauts, and, In support of this contention
said, among other things:
Tho political stntus of natlvo Indian
tribes within territory ncqulrcd by tho
United States by treaty has been uniformly
regarded ns unuffected by tho cession. A
long line of special treaties with such
tribes and numerous nets of legislation by
congress on tho subject of Indians and In
dian rights show thnt theso people havo al
ways been regarded as quasi-foreign.
Ho asserted that "tho treaty-making
powor of tho government has exercised the
right to deal with tho status of tho Inhabi
tants of ceded territory in every treaty of
cession from 1803 to 180S."
Stntus of the Inlialtltiiiitn.
Tho status fixed, ho said, has not been
uniform, but exceedingly varying. Ho then
proceeded to iirguo that this practlco is
entirely nt varlanco with tho doctrlno that
"tho constitution follows tho flag," nnd
thnt when territory Is ceded to tho United
States tho inhabitants becomo Immediate
proprlo vlgoro citizens of tho United
States. "If that doctrlno ho true," he said,
"every treaty thnt has brought us now
lands nnd now Inhabitants has violated in
this respect tho principles of tho consti
tution. It convicts of error and usurpa
tion ThninaB Jefferson, James Madison,
James Monroe, James K, Polk, Franklin
Plerco, Andrew Johnson, their cabinets and
the senates thnt ratified their treaties."
Arguing this point ho asked:
If congress may properly define tho
clusseH of etnlgrnnt or aboriginal In
habitants who may becomo citizen,
and tho proper period or probation
nnd tho terms and conditions of
admission. why Is It unreasonable
or unjust to leave to their Judgment
who may become citizens, and the proper
period of probation nnd tho terms and
conditions of admission, why Is It unreason
able or unjust to leave to their Judgment
nnd discretion tho time, tho terms nnd the
conditions upon which tho Inhabitants of
lately foreign Islands may bo admitted to
tho same high status?
Aro tho t'nlted States so bound nnd tied
by this constitution of ours that It can
never ncqullo nil Island of thu sea, n belt
across the Isthmus, n. station for a naval
base, unless It be ut tho cost of ndmjttlng
thoso who may happen to inhabit tho soli
nt tho time of tho purchase to full rights
ns citizens of tho union, no matter how
Incongruous or unfit they may be, whllo
thu fure,lgu-boru Inhabitant or the aborlgl-
nnl red man must itetiend imim the nrnre
of congress, though he dwell half a cen
tury among usf
What reason enn be suggested for deny
llllf tlllfl tlittlltfl Hlletl full twlll-nr tiittl tlla
cretlon ns nre possessed by other nations
In this respect" Why should the frnmers
of the constitution hu'v wished to put such
shackles on thu national limbs, or to strip
the tuition of powers necessary to the
preservation of Its dignity nnd tho tnnln
tennnco of Its material Interests on nn
equality wmt tno nations or tho enrth?
Tho full exercises of theso ordinary
rowers tends til the nxnttittluii nf Mm ilu-.
nlty, Influence nnd welfare or the nation.
Theso powers nro Inconsistent with no prin
ciple nt personnl liberty. Why seek to
needlessly limit nml rcstrnln tho national
functions? Why not rather, with Hie same
largeness of view and purposo that char-
neierizeu suctt statements ns jerrerson nnu
.Marshall, seek, by liberal Interpretation, to
glvo broad und nmple scope to the spirit
of national development, looking forward,
ns Marshall oxtiresscd It "to tho uses to
come," when newer, grnnder, nnd tnoro po
tential opportunities tor nnitonai growtu
nnd Initucnco should have como to us than
our rntners cvpr dreamed of7
"KorelKit" nml "Domestic."
Mr. Griggs laid it down ns a fact thnt
"administrative construction, congressional
action nnd Judicial precedent all affirm that
under our rovonuo laws every port in a
ceded country is to be regarded us n for
elgn ono until such laws aro expressly ox
tended by congress to tho now possessions,"
nnd ho gavo very complete cltntlons of pro
cccdlngs under theso heads in support of
nis contention.
In this connection he quoted thn clause
In tho thirteenth nmendment saying that
slavery Miall not exist In the United States
"or nny placo subject to their Jurisdiction,"
and commenting upon it Bald
Tho clear significance of this langungo Is
that there may be. territory pertaining to
nnd under the Jurisdiction of tho United
niaics which is not. u pari oi tup rnnou
Stntes nnd to which the constitution of
tho United States docs not apply unless It
less It
as lit
do expressly mndo to uppiy tliereto,
tne case oi slavery.
Mr. Orlggs then went nt length Into tho
claim that thn constitutional clauso which
provides that "duties, Imposts and excises
shall bo uniform throughout tho United
States" prohibits Imposition of duties In
the cases before tho court. Ho said:
That clause does not npply to nor govern
theso enses, becnuso tho term "United
States" ns them used means only tho terrl
tory comprised within tho several states of
the union and was Intended only for tho
benefit nnd protection mid not for tho bene
fit or protection of outside territory belong
ing to tho nation; In the latter sense duties)
on Imports from these lslunds wero uni
form throughout the United States because
they nre uniformly Imposed nt every point
In the United Stntes. so that thero Is no
preference given to the portH of one stnto
over those of another, nor Is nny Inequality
between tho several states created.
Tho nttornoy general argued for a sharp
delineation between the rights of tho peo
ples of tho states and thosu of our Imme
diate territories, saying that nil tho au
thority of the United States is derived
from tho people of thu states und not from
thoso of the territories; that the people of
the territories cannot share oj contribute
to that authority, as they nro deprived of
tho right to elect officials, etc. Tho purpose
of tho constitutional provision for uniform
ity was that of insuring equally fair treat
ment to all the Btatcs by congress, and it
was known to havo been one of tho guar
anties held out to the states to accept
tho constitution. It was not a personal,
but a local guaranty, operating not as a
privilege to Individuals, but to states con
sidered as organized constituents of tho
union. Hence, ho argued, reasons for np
plylng It to territories aro wanting.
Constitution 1) Xot I'otloiv.
Tho last feature of tho argument was a
cortcntlon that the constitution docs not
extend of its own forco over acquired ter
ritory, nnd in this connection tho nttorney
general sought to refute tho doctrlno ns
laid down by Chief Justlco Taney In tho
Died Scott case, that tho United States
could not ncqulro territory for any other
purposo thnn to convert It into states of
tho union, v
"Tho doctrine, of tho ex proprlo vlgore
extension t of tho constitution was never
heard of,," ho said, "until it was Invented
nnd advocated by Calhoun as n means of
fastening slavery upon California and New
Mexico beyond tho power of congress to dis
turb or abolish It. It was In conflict with
all provlous views of statesmen of nil par
tics nnd opposed to tho compact In tho
ordlnanco of I7S7. as well as to tho act of
congress known as tho Missouri compro
mise." Tho doctrlno nnnounced In tho Dred Scott
decision wns, said Mr. Orlggs, not original
with Chief Justlco Taney, but wns orlgl
noted by John C. Calhoun and pronounced
by hlra during tho discussion of tho Wllrnot
proviso of 1S47. This doctrlno had been
tacitly Ignored nnd repudiated In later
opinions nnd in congressional action, to say
nothing of tho effect upon It of tho result
of tho civil wnr. Indeed, said tho attorney,
In tho language of Prof. Pomeroy tho Drod
Scott decision had becomo "a byword and a
hissing."
In conclusion, Mr. Griggs submitted thnt
tho Judgments in tho lower courts In both
cases violate no constitutional or other right
and thereforo should bo affirmed.
Justlco llrower inquired of tho attorney
general soon after ho hnd begun If he
maintained that Arizona nnd New Moxlco
camo Into tho camo category with tho now
possessions In tho limitations which could
bo placed upon them. Mr. Orlggs' said ho
would Inter consider how far tho territories
in this country and thoso beyond tho sens
rested on tho snmo basis.
As tho attorney general proceeded ho
warmed up to his subject, at times speak
ing with great emphasis and pounding homo
his points by resounding blows on the
tablo beforo him. Secretary Ongo camo in
during tho Inttcr part of tho day. Mr.
Griggs' argument was not concluded when,
nt 4:30 p. m., tho court adjourned until
tomorrow.
Mr. Griggs will concludo tomorrow and
Mr. Aldrlch will closo tho cases for the
plalntlfff.
AGRARIANS AFTER OUR WHEAT
l'roiioht n Law Which In llipeeteil
to Shut It Out nf
(irrniuny.
WASHINGTON, Dec. 18. Tho agrarian
party In Germany, having successfully
brought about n law at tho last session of
tho Hclchstng prohibiting, In cITcct, the
Importation of Amcrlcnn rnnned meats, is
now using Its powerful Influence to Increase
heavily tho Import duties on all grains
entering tho empire, notably on wheat, re
ports United Stntes Consul Dlcderlch, nt
Ilremen, to tho State dopartment. Tho aim
of tho agrarians, according to tho consul,
is to mako Oermnny entirely independent
of nil countries for Its brendstutfs and food
supplies. "It Is dlllicult to soo," says Mr.
Dlcderlch, "how tho proposed national
legislation enn havo any other effect in
the long run thnn to enhance tho price of
tho dally bread so needful to every man,
woman nnd child In this mintry. H Is Im
poslblo to understand " he says, "how the
proposed duty can Increase the crops of
wheat throughout Germany or decrease the
appetlto of the German people.
"At present, however," says the consul,
"there seems llttlo doubt that tho pro
posed law wll bo passed by tho Holchstag.
As n largo portion of tho Importation of
wheat is American grown this will seri
ously uflect the Interests of tho American
farmer. A duty of 40 or 50 cents on overy
bushel of wheat," coucludes Consul Dled
erlch, "cannot fall to bo well-nigh pro
hibitive and tho coneequenco will bo mare
limited markets, fiercer competition and
lower prices to tho producers,"
"Hurry System" fur llnmill,
WASHINGTON, Dec. 18, Representative
Grosvenor of Ohio today Introduced In tho
house a bill to extend to Hawaii tho priv
ileges of the qct providing for tho Imme
diate transportation of valuable goods,
ISTHMIAN CANAL PROJECT
Senate Oommittce Makes Partial Report on
Nicaragua Waterway.
CONSTRUCTION IS ONE OF NECESSITY
I'nnllinncturnt of Action on llir Hep
burn Itlll I ntll Wishes of (irrnt
llrltnln Arc Km iMin Sti-iiuitly
Con item tied.
WASHINGTON, Dec. lfj.-Scnntor Morgan,
chairman of tho sctiato committee on In
tcroccanlc canals, to which wus referred thu
preliminary report of the Isthmian Canal
commission, todny submitted partial report
tiicroou in connection with tho protocols
or agreements with lunula Kle.a nml Nlenrn
gua relating to tho proposed canal, which
wero submitted recently to tho sennto. In
courso of tho report It Is sold thnt tho state
ment of tho Walker commission nnil I lie
protocols referred to have a direct bearing
upon wnat is known ns tho Hepburn hill
now on tho scnuto calendar. Tho report
continues:
Tliut bill Is a declaration of the policy of
tile I'tllteil SttlteM fni- n fwitml ilmlnr .win.
trol of this government. It Is tho law of
necessity, rather than the expectation of
profit or advantage- to the United States,
thnt compels us to construct, own and con
trol a slilp canul through t'osta Hlca und
Nicaragua, and tho geographical relation
of those stntes to our country and tho
iire.iugo m mo united states among Atneri
can governments point to us ns tho power
that must Incur thu expenditure, bo vested
iiu me nuiiioriiy to control tno cnnni as a
mnrlno highway for ships of nil nations.
Tho nssured profits of this enterprise, In
money, calculated on a basis that Is uven
milch larger than in Indicated In imv re.
port that has estimated tho cost, nro a
Mimcieni justiucnilon ror ttio expenditure
thnt Is necessary to acquire thu right-of-
way aim to construct tne canal,
Ah tho busls and condition precedent to
tho accomplishment of the great task we
must first acquire from Costu Hlca und
Nicaragua, by agreement, the right to
construct, own, control nnd mnniige the
cnnni. In doing this we must fully recog-
iiiku uicir sovereign independence unit au
thority over those countries, respectively,
nnd deal with them without nny attempt
nt encroachment on their national rights.
I ho president Is not empowered or advised
to encroach upon the sovereignty of those
states. The acquisition or tho sovereign
ownership of a tract of country, Including
the lino of the cnnni, would neparnto Nica
ragua Into two Hurts, between ivlilnli Mm
sovereignty of the United States would bo
iiiierposeu.
An UCt more fatal in Ifu ntltmwimi rniinnt
bo conceived und If Its government had the
power to do tills. Under ItM I'nnutltiiHiin
which forbids nny cession of territory to a
lureiKii Binie, tne severance or its territory
by such mutilation would destroy Its terri
torial Integrity and with It tho republic.
Such nn effort Is beyond tho purposes of
tho house bill and Is unneeesHiirv In tin. en.
Joyment of nny privilege or right that re
lates to the ownership or management of
the canal.
.nlnnnl Policy Stilted.
The house hill ileula will, nn r nu n tin.
tlonill tloIlpV. ilpfltllntP It elanrK' II ml u rllna
It on tho statute book, which is tho highest
record of thn political and International
policy of thu United States.
In making this declaration nt tit
nnd purposo of the United States and In
supplying tho president with the means or
executing tho law, tho house bill proceeds
on thu assumption that there aro no ob
stncles In tho way of Its full. Just nnd
penceful enforcement. This line of action
commends Itself to nil who sincerely dcslro
to execute the will of the American people
In tho construction of u shin canal, plac
ing Its ownership, control nnd management
In the government of tho United States. If
me senate unnu concur Wltll tno Mouse In
tho pnssngo of this bill It will he n mnv...
ment of such forco as will draw nfter It
the settlement or nny International dllllcul-
tlcs that tnnv exist, without frlnllnn ..f
danger to tho pence and goodwill that ex
ists uuiwcen tno unitcu states and other
nations. .
Tho report declares that by the treaty of
18C7 botween tho United Stntes and Nica
ragua tho United Stntes Is prohibited from
exercising a per-mllo occupation of that
state; but, "wo have tho right to enter
Nicaragua with military forces to protect
a canal through that state, at tho reouest
of Nicaragua."
Action mi Cnnni II 1 11 Dcinnntlctl,
After a referenco to tho Clayton-Ilulwer
treaty nnd tho pending Hny-Pnuncofote
treaty, tho roport says:
I no na-ssaco of the lienhiirn hill lur ,n
nlmost unanimous vote In the house must
huvu called for a protest from Great llrltnln
If that government considers that nny right
of hers is In conflict with that measure. If
the passiigo of that measure through the
sonato calls forth Hitch a protest then will
no iiiu appropriain time tor its considera
tion nnd for taking measures to nuswer It.
Until then wo can never know the trronmts
of tho objection thut Great Hrltalu may
chooso to make.
Tho senate, eniraaed In a nerntlntlnn with
Oreat Britain, which may or may not result
In an agreement, cannot afford to refuse to
consider a bill so Important to tho country
ns tho house bill No. L'531 merely to await
tun pleasure, oi iJiie-iiuru ot tnut ooiiy.
Tho senntn, us a party of the treaty-making
power, hns no moro Just right to sus
pend legislation on this subject thnn the
president, who Is tho other pnrt of that
power, has to suspend legislation by his
order.
Adverting to any supposed relation Costa
Itlca and Nicaragua may havo to tho Clay-ton-Btilwer
treaty tho report declares:
Theso states wcro not nrnhlhlted bv thn
Clayton-Hulwer trenty from disposing of
canal privileges or their entire territory, if
their peoplo so desire, to the United Slates
or to nny other power for. tho reason thnt
they aro not parties to that treaty. If such
was tho purposo or thy treaty It failed, not
only for that reason, but also because It
wus flagrant usurpation on the part ot tho
great nations Hint made tho agreement and
was condemned, ns It still Is reprobated by
the morality of nations.
Whether wo will abide by and perform
such a covennnt Is a conflict between
morals and manners thut our people will
not suffer to dcprlv of commercial llborty,
tho security of peaco and the pursuit of
happiness.
REAPPORTIONMENT OPPOSED
llnpklim IIIU Will Hp KmiKlit llnrd
liy Hcprciicntntl ves uf Ntnlm
Tliut It Will Hmtrlct.
WASHINGTON, Dec. .18. Thero promises
to bo a big tight over tho Hopkins reappor
tionment bill when It is taken up In the
houso after tho holiday recess. Tho repre
sentatives of the states which will lose
representatives under tho hill aro organ
izing for tho struggle. Tho members of tho
minority ot tho census coinmltteo aro seek
ing to marshal all tho avallablo strength
nmong tho dissatisfied members by making
n minority roport which will recommend
n basis for reapportionment that will not
reduco the representation In nny state.
TIiIb can bo accomplished by making 194,
000 Inhabitants tho basis ot representation.
Upon this basis tho house would consist of
337 members. No stato would lose and tho
followlug would gain: Arkansas, 1; Cal
ifornia, 1; Colorado, 1; Connecticut, 1;
Florida, 1: Illinois, 3: Iowa, 1; Louisiana,
1; Massachusetts, 1; Minnesota, 2; Missis
sippi, lj Missouri, 1; New Jersey, 2; Now
Vork. .1; North Carolina, 1; North. Dakota,
1; Pennsylvania, 2; Terns, 3; Washington,
I; West Virginia, 1; Wisconsin, 1.
Mr. Uurlelgh ot Maine will draw the
minority report recommending thin basis.
It is possible that Mr, Crumpackcr ot In
diana will further compllcato the situation
by ranking another minority report in sup
port of his proposition to' reduco the rep
resentation from the south.
President In I .Voiiilnut Iiiiin.
WASHINGTON, Dec. 18. Tho president
toduy sent tho following nominations to tho
sunato:
John C. A. Lelscher of Pennsylvania, now
minister lo Switzerland, to be minister to
Turkey; Arthur 8, Hardy of Now Hamp
shire, now minister to Greece, Koutnanla
and Scrvla, to be minister to, Switzerland;
Charles J. Francis of Now York, to bo
minister to Greece, Houinanla and Sorvla;
Clarence L. Thurston of Nebraska, to be
secretary of tho legation at Huenos Ayres;
Benjamin S. Warren nt Alabama, tq bo as
sistant surgeon In the marine hospital
service; J. M Patterson, to be postmaster
at The Dalles, Ore.
MACARTHUR REPORTS DEATHS
Sends l, ut Knlillrm Who llnvr lllril
nf I'Vvcr nr Wound Nlnot
III I.nst ItPiMirl.
U'AalllMnTnM t- 1 0 Hnnnrnl linn
. . u, , . j v , l.Vl Jf. .. .OI.V
Arthur hos cnhled tho following casualty
list frntti Mnnlll.i
Tho following deaths hnve occurred since
last report;
111.'R1en,Iy-,,ppn)u(' 12. Company II,
Tr""il . "nn,r'' Hennlo Fmtilitg; Company
SI, hlrd Infantry, Colter Shaw. Decern
her 10, Company It, Seventeenth Infantry,
"iHiitiiii uecemDcr n, uoni
nv : T,W(,1,'-furth Infantry. Sergeant
lensatit 11. Hammond. December 11. Com-
KiKiiiu liiintiiry, jonn u. tininmer,
November 21. Company K. Fourth Infantry,
rifih i f I'cver-December 8, Company D,
cotnber fi. Company v. Third cavalry, Al
fred J. Maud. November 6, t'ompnny l-
Second infantry. Hlclmrd 11. Tldrick.
..V,)!,"li1 l',;ycrTI,cPiubcr 3. Company M,
n wcnty-fourtli Infantry. Benos Nnnlels.
, r, ncceiui intauiry,
Corporal Lwnnrd H. Neal, December II.
Company L. Forty-ilrst Infnntry. Frunk
Died from Wounds Hecelved In Actlon-
"1"IU , v -',"JMi"inv i wenty. irst in
fantry. Michael C. O'Donncll, November 23.
"Ul"! ,(.;.i ' "-Vsoventh infantry,
All Other Causes Deeombci fl, natterv
M, Seventh urtlllery. Thnn.no J. Lubreuk,
Vn,,ml,ii, tft r'nmhn .... A 'rt.li.. .. .
fittitrv. Oliver I.. Ilnrter. ii,.,.0,i...
Third" cavnlry, Charles C'onlln.
fnntry. Hobcrl F. untie. Deoombor 10.
Company (3. Fortieth infantry, Samo!
Duncan. December 9, Company O, Twelfth
Milium i'. i in inn. j-zvit'llIiHT ;(
Comimny F, Thlrty-tlfth Infantry, Churls
Honjamln F. Jones. Docembor 4, Cnmpanv
ii Tuniiii.itri ! i f, hipo itMiii ... n r....i.
t 1 nCIIVJ 'llltll tlltUlHtii ItlllKlIU 1, u II CIV
con.
FROM LAKES TO MISSISSIPPI
Appropriation for Cnnni tn Complete
Connection Itnticn It imv In
House Committee.
WASHINGTON, Dec. 18. Tho houso com
mlttco on rivers nnd harbors expect to
havo their bill completed before tho holl
duy recess. As tho bill ncars complotlon,
with tho continuing contracts provided for,
tho total Is mounting up far beyond the
original anticipations and nt tho last mo
ment It may bo found necessary to srale
all around. It Is understood that tho bill,
with continuing contracts, ns now pro
visionally agreed upon, exceeds $75,000,000,
The coinmltteo hnve provisionally agreed
to an appropriation of $225,000 for a Bur
vey of the fourteon-foot canal project to
connect the Great Lakes with tho Mississippi
uy way or tno Chicago drainage canal nnd
tho Dosplttlnes river. Thero was a big
nght In tho committee over this matter.
but tho canal pcoplo won. It also is under
stood that the committee hnvo provisionally
agreed upon $2,200,000 for nuttermllk chan
nel, Now York.
I'orrluu IIiimIiipnn of Philippines
WASHINGTON. Dec. IS. A stntemenl
prepared by tho division of Insular nfr.tlrn.
Wnr department, summarizing tho trade of
ine i-niiippincs lor tho ten months ended
April 30 last shows that the Imports of
mcrchnndlso during this period amounted
In vnluo to $1C.4S0,255. Gold nnd sliver to
the Value of $1,714,951 nlso worn Itnnnrlnt.
making tho total imnnrtntlnnn tts if,'; "lie
Of this amount $1,183,186 represented tho
goons urougnt in from tho United States.
Manila hemp formed the nrlnelnnl nrtleln
of exportation, $9,217,803, worth being sent
out. ot tno islands during tho period named.
Of this amount $1,285,10" worth went to
Great Britain and $3,090,095 worth to tho
United States. The total exportation, of
merchandise, gold and silver is sot
at $17,038,314.
European countries took $7.284. tfifi wnrih
of this, nnd exports to tho value of $3,284,-
-y. camo to mo united states.
lulr anil Diifhcnn Sltopplnir.
WASHINGTON. Dec. 18. Thn flubn nml
duchess of Manchester, accompanied by
Melvillo Ellis, tho duko's secretary and In
timate tricnii, nrrivcd hero over tho Balti
more & Ohio railroad this mornlmr In thn
prlvato car of Mr. Zimmerman, tho duke's
ininer-in-iaw. insir car was attached to
tho Now Vork express and the passengers
were In the depot only a few moments. Tho
Cincinnati train was late and tho Now
York trnin was held in order thnt thn
duek and duchess might not bo delayed. It
is stated that they will do their ChrlstmaB
shopping In Now York and return to Cln
clnnati during tho later part of the week.
Protection for California Itlvrm.
WASHINGTON. Dec. IS. llcnresentntlvn
Woods of California has been heard by tho
rivers nnd harbors committee In referenco
to an Increase to $150,000 over tho $250,000
nlready appropriated for tho, protection ot
tho Sacramento and Feathor rivers In Cali
fornia. Tho California debris commission
has charge of tho work ami Btrongly favors
tho enlarged amount ns necessary for tho
prosecution of tho important work, a hi
sum of $150,000 will bo appropriated by the
state or uanrornla to supplement tho
federal appropriation, as $SOO,000 Is needed
and only $500,000 Is on hand.
Cnliluet Tiikp It Knny.
WASHINGTON, Dec. 18. At tho cabinet
meeting today It was announced that Cap
tnln Asa Uogcrs of Petersburg, Va., would
bo appointed collector of internal revenuo
to succeed tho lato Colonel James Brady.
Nothing of Importance transpired at th
meeting, both Secretaries Hay and Root re
porting that they had nothing to communi
cate.
Morocco Settlrn Knanicul Claim,
WASHINGTON, Dec. 18.-A message from
United States Consul Oummery, at Tan
glers, Informs tho State dopartmont that
tho Moorish government had settled tho
claim of tho United States for $5,000 In
demnity on account of tho murder of
Marcus Eszagul, a naturalized Amcrlcnm
citizen, in Morrocco last year.
Criick fiuim for .Vutlunnl (iunrd.
WASHINGTON, Dec. 18. Senator Nelson
ot Minnesota today offered in the senate nn
amendment which ho will propose to the
army reorganization bill providing for the
lsBunnco by tho secretary of wnr to tho
governors of tho states and territories of
Krag-Jorgonsen rillos nnd equipment for
tho uso ot tho National guard,
PoNtiiinxtt-r Would (lull HIn .lull,
WASHINGTON, Dec. 18, J. It. Pitkin.
postmaster of Now Orleans, has presented
his resignation to tho postmaster general.
It is understood that tho resignation is
tentative, being submitted upon certain
conditions. As the postmaster general has
been In Philadelphia for tho last few days,
no action has yet been taken.
Mutter of MelKnlorniTP Optlounl.
WASHINGTON, Dec 18. The senato
coinmltteo on flnanco today authorized a
fuvorablo report on tho houso bill giving
the superintendents of colnuge nt mints
the right to exchange gold bars for irold
coin freo of charge or with chargo nt tholr
discretion. Tho present law makes the
chargo mandatory.
Continued ly (hp Semite.
WASHINGTON, Dec. 18,-Conflrmatlons
by tho sonnte: Daniel H. McMillan of
New York to be associate Justlco of tho
Bupremo court of Now Mexico; John W.
Yerkes of Kentucky, to bo commissioner
of Internal revenue.
to ecru: a coi.n lis o.n ijav
Take Laxative Bromo Quinine Tablets. All
druggists refund the money It It falls to
cure. E. W. Grove's signature Is on each
box 25c,
FUS10NISTS HAVE AN INNING
Two WitnesMs Tell What They Know ci
Frauds at South Omaha.
HAD NO KNOWLEDGE OF ANY WRONGDOING
Coiiseitiicntlj- Attorney for the Con
tenters ArKUc Hint the Itrccut
Klrction Wns Properly
Conducted.
If the legislative contest proceedings ot
yesterday may bo taken us nn Index to
what Is to como later on, tho fusloulslH
who seek to hold Beats which" would hnvo
been given to republicans under fulr con
ditions aro struggling with a lost cause.
The contestants, having rested their caso
Monday, tho taking of testimony on be
half of tho contestccs wus commenced yes
terday morning. Only two witnesses wero
cxnmlncd nnd then adjournment was
taken until 10 o'clock today, when
tho hearing will begin In a room over tho
Packers' National bonk, South Omaha, Thu
fusionlsts assert thnt they havo an
abundance of testimony which will ho
brought out In South Omaha. They had
bonutcd that there would be important dis
closures mndo nt yesterday's session, but
the disclosures did not come, and tho ses
sion Instcd only half nn hour.
Tho witnesses of tho forenoon were John
Llddell, who hns been declared on the face
of the returns elected to tho senate, anil
Cnry M. Hunt of tho lower house.
Mr. Llddell testified In substnnco: "I
do not know that there was any fraud In
South Omaha either in registration or tho
counting of ballots, or In any other way."
Tho attorneys for tho contestccs seemed
to think thut becnuso Mr. Llddell had no
knowledge of fraud that thero ccrtaluly
must havo been no fraud.
Hunt Ciirriihoriitcs Llddell.
Tho witness, however, ndtnltted on cross
examination that thero might havo been
some crooked work without him knowing
of It, Tho Llddell testimony was brief,
and then Cury M. Hunt was called. Mr.
Hunt cenfessed to having a thorough
knowledge of tho political situation in
South Omaha, ns veil ns clsowhere In
Douglas county, nnd he wns much moro
enthusiastic than Llddell lu the giving of
evidence.
"I know that there wns no election fraud
In South Omaha," said Huut, "becauso If
nny such plans had been devised I would
have been informed. I heard nothing of
nny wrongdoing cither In registration, bal
loting or counting, so I know that no such
thing exlstedr'
The foregoing testimony caused great
gloo nmong the fuslonlsts in the room, and
from that viewpoint It was taken for
granted that If Cnry Hunt hnd no knowl.
edge of frnud thero was no fraud.
Mcssrp. Simernl nnd Iledlck, attorneys for
tho contestants, nro still confident that
they havo won their ense, nnd It Is not
belloved thnt thn fuslonlsts enn produce
nny testimony that will offset tho con
clusive showing which the republicans
hnvo made.
Do you need n hired girl? A Deo want ad
will bring one.
Dr. McGREW
Ofllce nprn continuously from 8 n.
m. to O p. in. Mtindnyia from 8
to ft p, m.
CHARGES LOW
(Dr. McOrew nt age 52.)
TUB MOST StllCCKSSKUL
SPECIALIST
In the treatment of nil forms of HIS.
HAM ICS AMI ItlSOItltKlIN OK MIl.V
OXLY. an yt-nrs' experience, 15 yearn
in tliunlin.
VARICOCELE AND H YOROCELE
a lU'.itMAXK.vi' cum: mJAHAvrnrcn
IN A I'KW DAYS without cuttluu.
puln or loan of time. Tin- UUICKUST
nml MOST NATUtAI, VUHK thut linn
yet been UIhcu vrred. CIIAItfJLIS LOW.
CYPUIt K 111 011 stages mid conditions
OirniLIO cured and everv trneo nf thn
disease is thoroughly eliminated from tho
blood.
No 'HHEAKING OUT on tho skin nr
foco or any external appearances of tho
disease whatever. A treatment that Is
moro successful nnd far more satisfactory
thnn the "Hot Springs" treatment nnd nt
less than HALb' TUB COST. A euro that
Is guaranteed to bo permnnent for life.
WI-AkNECV young und middle. aged
IlLnMlLOO men. i.oss ok iiamiooii.
Night Losses, Nervous Debility, Loss of
Hrnln nnd Nervo I'ower, I'orgetfulness,
Uashfulncss, Stricture, Gonorrhoea, Qleet.
OV10U 20,000 CASKS CUIIKI).
RECTAL DISEASES Ss.,,? rrVd
eases of tho rectum bus cured whore nit
others hnd failed. Fissure, ulcers, I'IIch
nnd nil chronic dlsenses of tho rectum. Im
mediate rellof nnd a permanent euro Is
mudo without cutting or puln. Tho oure Is
juick una cuinpiuie,
CCItKS il)AU.XTi:Hll.
CHARGES LOW
Connultntlon free. Treatment br "mil,
Medicines sent everywhere freo from kuhq
or breakage, ready for use.
Office houra: S u. in. to 0 n. m. Humlnvs
8 a. in. to C p m. J O. llox "CO. Ofllco
over 215 South llth St., between l''urnum
und Douglas Hts., OMAHA, NUU.
$500 REWARD !
Wd will nsv tho above reward for nnv rn nf
Llrcr Complaint, DjspepHla, Kick Heartache,
Indigestion. Conitluatlon or CoMlvenenH wo
cannot euro with Llvortta, tho Up-To l)ato
i.iutu iiiver riii, wnen tno directions are smel
ly compiled with. Thev aro nurnlv Yrirctabla.
and never fall to give satliifactloii. lo lioxci
contain iiu fins, iuo boxes couuiin 40 rim.w
boxes contain 151111b. Ilewaroof Hilntltiitlnni
and Imitations. Kent by mall. Stanum taken.
NEHV1TA MliniCAL CO., Cor. Cllutou and
Jackson SUs., Chicago, 111. gold by
For sale by Kuhu V Co., 15tu und Douglas
tu., umnna, incd. ; uco. . uuvia, council
JllufTs, Iowa,
.Ml)HljMt5.T.
ORIIIMTtN
FAMILY MATINEE TODAY
Any part of the limine, U5e ijhll
ilren, ! Kullery, 10c,
TONIGHT 8:t5
Diinhiim l'"u in 1 1 '.! suit! Cotlllioiil,
1'lutiMV und Dunn "Musk."
. Prclle's Tnlklnic Ik.
William Cnlilll llnvle.
SuuNono nml Dcllln The Kluoilrouie,
VrlriF KvenlnuH. 10c. 23c. Cue. MatlnncH?
Wednesday, JUc, 25c; Saturday and Sun
day. 10c, -5c, few front rows 60c.
Orent lllg Crowd! Oieat Hlg Show! I
MIACO'S TRIlRAnFRnToiop.onui2oo
Tim New' I'uluce of HurlcHuuo Nluht
i'rices. ioc, uoe, :ioc. Bmoko f you Hko
.lliitlneit T.idni-lOii iinif ail",
ItoHii Hyilell's
i:iv I.IIMIIIV III.M.I l.'u
The hit of tho year Two big burlesuucH
-MutchleBs ollo-fwcnty-flvo pretty wo nen
Ten funny inen-l2iionnouM rush for seatt