Tin-: OMATTA DAILY HER: "FHTDA Y, nEOEMIVTCK 21 1900.
COLONY GASES ARE CLOSED
Ei-Eolicitor Genual Aldrich Mikes Lut
Argument for Appellants
CONGRESS HAS NO ARBITRARY POWER
Oiuimrl llrclrrr-a It I'nunfc io Hilar
luillrlal Opinion nn Armunrntu
of Contf itiiinrnrj' I'ol
Itlt'lnnit. WASHINGTON, Doc 10. The closing ar
fuintnt In the l'lilllpplnca nud Porto IUco
taw ua made In the United State su
jinunr court today find the cases wero
uhiolttt-d for the Anal adjudication of tho
ocmrt. The crowds which haro filled the
cbt-mLers since the esses wero taken up
wore on hand In reinforced numbers todny,
entirely occupying th room reserved for
tho bar and the outer room lor the public
Nsny people came early In tho day to se
cure advantageous seats. As tho novern
intnt'a case had been closed by tho uttor-nej-
general. It remained only to hear tho
senior counsel In the 1'blllpplno case,
Chnrlen IL Aldrich of Chicago, former so
llcltor general, who had ono hour and a
half romalnlng of tho five hours given to
the plaintiffs,
Mr. Aldrich had before him tho plulntlffs
brief and a voluminous portfolio of notes,
bat ho spokn freely, with only occasional
reference to them. At the outset ho said
ho would contlnu himself lart?ely to local
argument, following tho attorney general -polnta
and seeking to meet them, although
ho regurded much that tho attorney general
had presented as Irrelevant. Ho apolio
dollbcratoly anil Bcldom with any effort
for dramatic force. Ho first directed hln
attention to tho circumstances under which
this government eamo Into existence, tha
trugglo for liberty Bnd tho Amcrlcnn pro
test against Kngland'H assertion of tho
taxing power over tho American colonics.
With this history boforo tis, ho said, It
was a remarkablo fact that tho attorney
general of tho United States, over 100
yiwrs after tho great strugglo which
founded tho American government, should
come Into tills eourt nnil assert a taxing
power more cxtremo than had been as
serted by the most ardent defenders of Eng
land's taxing power ovor tho colonics.
Opinions liy Chief .1 tint Ice Mnrxliiill.
Mr. Aldrich spoko of tho opinion of Jus
tlcn Marshall In Loughborough against
Illako as of decisive Importance nnd ho
nummcd up that decision ns bearing upon
tho present condition ns follows:
That tho power to tax. levy duties, etc.,
extends to the entire I'nUcil States.
That the term "I'nlteil States embraces
"our great republic, which Is composed of
Htutes it ml territories."
That "It Is not less neenssnry, on the
principles of our constitution, that uniform
ity In the Imposition of Imposts, duties and
excises should bo observed In thu ono than
tho other.''
It follows from tho forogoliiK that the
rlghtx nnd obligations of tho territory thus
n part of the United .States nnd tho Inhabi
tants thereof nro measured and tested by
tho constitution.
As to tho contention that tho Philippines
wero not a part of tho Hutted States, Mr.
Aldrich Bnid:
Wero tho Islands ceded by Spain still for
eign territory, then our country would havo
ns Its commercial representatives therein
consuls, who would perform the requisite
olllclal nats prescribed by our customs laws
covering tho shipments of mcrchnndlso froni
these Islands to any part of tho United
Ktates. Tho court takes Judicial notice i'f
the fact that our government has no consuls
In thu Philippines, nnd that when Spanish
Hoverelgnty censed In tboso tslnnds, tho
Tulted Btates consuls therein wuro with
drawn, and that tho consular agents of for
eign powers thenceforth were tho accredited
representatives of tho respective foreign
governments to tho United States and our
government signed the exequatur of such
ronsuls. What an anomaly It Is to have to
havo Spain send Its consuls to tho Philip
pines Ir, as contended, for tho purposes of
revcntie, they are still foreign territory. If
they are not American territory they must
still be Spanish, for It Is not pretended tti.it
any other nation foreign to tho United
States has neuutred any sovereignty over
them, nor Is It pretended that tho Philip
pine islands In the eye of international law
occupy the status of an Independent nation.
CIiiIiiik Arbitrary Poller for Cohki-pd.
Taking up tho nttorncy general's conten
tion concerning tho constitution, that tho
reliance of tho president was In part placed
upon tho senso of Justtco of congress, whoso
notion Ih open to review at frequent elec
tions, Mr. Aldrich sntd that If this meant
anything It meant an assertion of power
by congress moro cxtremo and arbitrary
than was over exercised by the Tlrltlsh
Parliament. Tho attornoy general's lntor
protatlon of tho word "sovereignty," Mr.
Aldrich said, was that this government
had a right to do what nny other nation
does. This word had become most popular
since wo entered upon a colonial policy.
Hut, Mr. Aldrich declared, tho sovereignty
of tho United Stntes was ono oxerclscd
under tho constitution nnd It wo nro In
tho Philippines or Porto IUco It Is becauso
of tho power given by tho constitution.
Justtco Whlto Interposed a question when
Mr. Aldrich reforrod to tho American pro
test against "Hrltlsh tnxatlon without rop
rcnontntlon." Would this mean, tho Justice
asked, that congress could not tax tho now
possessions until thoy woru represented ,n
congress? Mr. Aldrich said that It did
not go that far, and was sufficiently
answered In tho enso of Loughborough
against Dlnke.
Mr. Aldrich said ho entered a protest
agalnat tho usn of Jefferson's namo In sup
port of tho proposition that tho United
States enn acqulru and hold territory In
definitely. It was settled beyond question
that Jefforson himself had not regarded tho
Louisiana purchase ns constitutional and
believed that a constitutional nmondmout
was necessary. Justlco Gray nsked hln first
question at this point. Inquiring If counsel
held that thu Louisiana acquisition was un
constitutional. Mr. Aldrich answered that
ho did not so hold, but Mr. Jefferson did,
and tho arguments of that day showed
how political Influences affected final re
sults. Hot n Hate Iliixlu.
Justice Drown asked If it wero safo to
bum Judicial action on tho arguments of
contemporary politicians.
"I think not," answered Mr. Aldrich,
"and 1 refor to thcra only because thoy
occupy throo-fourtbB of tho brief of tho
attorney general."
In speaking of oxceutlve action, Mr. Aid
rich referred to President McKlnloy'a first
mrssagu stating that It wus "our plain duty
to abolish all customs tariffs between the
United Stntes and Porto IUco."
Justlco Shlras asked If tho president waa
then speaking of tho duty of cougress.
Mr. Aldrich said ho supposed tho presi
dent meant the duty of tho nation.
Justlco Harlan also asked If tho treaty
power could go boyond tho fourteenth
amendment to the constitution, to which
Mr. Aldrich answored that treaties could
not ovorruio tho constitution,
Aftor citing Lord Mansfield 's onlnlon nn
the limitation of tho power of tho king
nn j-amamom, .Mr. Aldrich eald:
It Is a startl tig proposition that a power,
denied to Parliament us Inconsistent with
liberty and consonant only with tvrantiy.
kelotiKH to thu concreKs nf tim nnitn.i u,.,,A.;
In ono cubo and to tho president thereof in
another: that u power, the assertion nf
which Justllled rebelllfin and a prolonged
and bitter war to resist, was carefully pre.
served In tho verv inivurnmimi ,.tni,ii.ii..i
aH the result of such resistance- that our
oreiaiuors iicmcu nn omnipotent parlia
ment to deeroo an omiilnoteiit concresHt
that what was tyranny as to them In 1770-70
m less man tyranny now. '111110 must Do
cuonnio or cnanguig principles ir tlili prop
osltlon bo true,
American StriiKKlt fur Liberty.
Speaking of America's early struggle for
liberty Mr. Aldrich said:
The virile remonstrances of thn mivernl
colonies compare favorably with any public
document ever produced, These discussions
made tho writing of tho Declaration of In
dependence easy and were a lit vituperation
of the long years of struggle and sulf
sacrifice necessary to maintain and estab
lish the principles of that Immortal produc
tion. Wo have sltico abolished stuvery nnd
have lived admittedly the foremost nation
In all history In all that stands for liberty
Kilaninteed by laws made by a fren people,
which Is our boast und the object of our
adoration, our principles, our traditions,
our liberty, our eonstltutlon-nll forbid that
arbitrary power shall become our char
actcrlstlr. The shaft aimed nt the new
colonial policy Is tipped with a feather from
tlio Amcrlcnn constitution.
Jir. Aldrich closed with an eloquent refer
ence to tho work of our forefathers, which
was not for their day, but for all time.
As toon as ho finished tho court turned to
other cases, after allowing counsel In tho
Porto IUco caso ton days to fllo a further
brief.
CHANDLER STIRS UP ROW
Inferential ttrlitilu to Committee 011
Con tliucni t UiiicnuPK for Ullntorl
ncus In Itenented.
WASHINGTON, Dec. 20. A spirited de
bato was precipitated In the senate today
over tho resolution of Mr. Chandler to dis
charge tho committee on contingent ex
penses from further consideration of the
resolution authorizing an Investigation of
the Montana senatorial cases. The matter
took a political turn nnd resulted In somo
lively colloqulca. No action upon tho reso
lution was taken.
Mr. Jones of Arkansas declared that If
the senato should adopt thu tceolutton"dls
charging thu committee of contingent ex
penses from consideration or tho resolution,
It would vloluto tho law, us thu law pro
vides that nu such expenditures shall bo
made without tho authority of tho commit
tee on contingent expensco.
"Docs tho sonntor mean to say," In
quired Mr. Spooner, "that tho uennto's hands
aro tied If thu committee on contingent cx
ponsaa should never mako a report."
"I mean to tell tho senate," replied Mr.
Jones, "Just what tho law Is."
Mr. Jones of Arkansas declared that the
resolution offered by Mr. Chnndler was In
tho naluro of a rebuke to tho comtnltteo nn
contingent expenses that the committee
did not rultsh. A meeting of tho commit
teu hail been held today, but had post
poned nctlon until tomorrow. Ho was of
tho opinion that no tangible result could
bo accomplished by authorizing now an
nu Investigation of n caso that would bo
settled by the Montana lcglslnturo on Janu
ary 2, when It met to elect a senator.
Not Mutter of I'olltlcH, Sn Cliiimller.
Senator Chandler declared that no poll
tics had entered Into tho consideration of
tho Montana senatorial contest by tho com
tnltteo on privileges nnd elections. Doth
of tho nppolnteeB to the senate from Mon
tana, Mr. Clark and Mr. Mnglnnls, were
democrats and tho quostlon Involved tho
seating of ono democrat or another.
Adverting to tho question of law Involv
ing tho right of the sonato to dlschargo
the comtnltteo on contingent expenses
from tho further consideration of tho reso
lution, Mr. Chandler maintained that such
u law could not bind tho senate, the com
mlttco being n creaturo of tho senate.
In response to a statement from Mr.
Chandler that tho committee on contingent
expenses wns dilatory In nctlng on tho
resolution, Mr. Oalllngor, a member of tho
committee, said that at tho meeting today
a "conclusion" for tho "present" had been
reached. Ho said that tho commtttco would
havo another meeting tomorrow nnd de
sired to havo eomo members of tho com
mtttco on privileges and elections beforo It
to explain "tho necessity for tho proposed
Investigation."
"I don't think," retorted Mr. Chnndler.
"that tho extraordinary spoctnelo has ever
been wltnosscd In this senate beforo where
the committee on contingent cxponscs hns
summoned members of another comtnltteo
to appear boforo It to glvo reasons why an
order of tho Bennto should bo oxocuted."
In vent IxiiHon linn Cost J;tO,000.
Further along In his argument Mr.
Chandler, In response to nn Inquiry by Mr.
Tillman, said that the Montana senatorial
Investigation conducted during tho last
session of congress had cost between $30.-
000 and $40,000.
Mr. Scott of West Virginia, a member
of tho committee on contingent expenses,
said that ns n matter of business ho had
a right to know whether tho money to bo
expended for a further investigation of
tho Montana caso ought to bo Bpcnt.
I'cnuicg a motion by Mr. Lodge that
tho senato proceed to tho consideration of
oxecutlvo business Mr. Gnllingcr, nlso 11
member of tho contingent expenses com
mtttco, mndo a statement of tho ense fiom
Its Inception and contonded that tho com
mltteo's notion was Justified by tho facts.
An ofTort was mado to conttnuo tho do
bato, but on Mr. Lodge's insistence the
senato went Into executive session and at
4:25 adjourned.
WARDS OF NATION CARED FOR
lloimc 1'usnea Appropriation Illlln for
InillauM and L'ndufn nt Went
Point Academy,
WASHINGTON, Dec. 20. Tho houso to
day passed tho Indian ,nnd tho military
academy appropriations bills. Tho former
carried ;9,03G,G26 and tho latter $700,151.
Neither provoked much discussion. A few
minor amendments wero placed on tho
former.
Tho amendment of Mr. Llttlo of Arkan
sas, striking out tho appropriation for tho
Hampton (Va.) Indian school, wns disagreed
to, 14 to 3.1. A vigorous discussion of tho
soctarian question developed In connection
with tho amendment. Mr. Cannon cnllsd
attention to tho growing cost of educating
tho Indians. In 1887 It was about $1,000,000
and now about $3,000,000. Last year It
cost $1,381,000 to educate tho 43,000 chil
dren of tho District of Columbia, and over
$3,000,000 to oducnto 21,600 Indian children.
Mr. Curtis of Knnsns oxplalned thnt tho
Indian children wero not only educated, but
boarded and clothed.
An nmondment was agreed to rotative
to tho foes of clerks In courts In tho In
dian territory, requiring fees to bo nc
counted for nnd allowing $G00 a year lit
addition to salary for certain extra work.
Tho bill was then passed.
Tho military acadomy appropriation hill
wns then taken up. It curried $700,151,
$25,845 rnoro than tho current law. Mr.
Hull of Iown, chairman of the military
committee, explained thnt the prlnclpnl
Items of Incrcaso wns $10,000 for tho cen
tennial colebrntlnn to bo held nt tho
academy on July 4, 1001.
Mr. Ilalley of Texas asked If tho prac
tlco of hazing nt tho ncadomy had been
broken.
"Tho academy management," replied Mr.
Hull, "Is doing all It can to weak It up.
Cadets have been expelled during tho laU
year for Indulging In tho practloo."
"I notlco from tho testimony now be
lug taken nt West Point," said Mr.
nalley, "that tho cadets admit that hozlng
continues. I do not bellovo It Is necessary
to make n bruta of a man In order to make
a' soldiers of him. I bellevo tho practlco
should cease. If It ennnot bo stopped tho
ncadomy should bo abolished," (Applnuso.)
"And tho naval academy as woll," cried
Mr. Hill of Connecticut, amid applause,
"I ngrco with nil tho gentlemnn hns said
regnrdlng tho brutality of hazing," ob
served Mr. Hull, "and I think tho officers
of the academy will soon stamp out tho
practlco."
Tho bill was then passed.
Mr. Hopkins of Illinois, chairman of the
cotrmltteo on census, gnvo notlco thnt ho
would call up tho reapportionment bill im
mediately after tho holiday recess,
CONGRESS FOR NEXT DECADE
Committee on Reapportionment Preients
Three Reports to House.
MAJORITY APPROVES HOPKINS MEASURE
Hrprencnlnt I vc IlnrlclKb on Itetintf of
the .Minority .NiikkckIi 11 DlnVrrnt
Air tb nd, While CrimipiieUer of
Indiana lilt at the South.
WASHINGTON, Dec. 20. Representative
Hopkins, chairman of tho comtnltteo on
census, today lu tho houso filed the ma
jority report ou tho reapportionment bill,
reported by his committee, tlzlng the mem
bership of the house for next decade at
257. Representative Uurlelgh of Maine (lied
n minority report, nlgned by bIx mem
bers, In favor of a houso to bo composed
of 386 members nnd Representative Crimi
packer of Indiana, who signed tho Uurlelgh
report, ulso submitted nn Independent re
port In favor of reducing the representation
In tho southern stntes to tho oxtent of the
abridgement of the suffrnge. His Independ
ent report favors a houso composed of .171
members.
Mr Horklns, lu tho majority report, cites
many Instances to show that tho loss of
seats by states under reapportionment bills
wns not uncommon. Mnssnchussotts, for In
stance, which undor tho' third census, had
twenty members, wns reduced to ten under
tho sixth, seventh nnd eighth, nud Vlrglnln,
which had twentr-thrco lu tho third, had
but nlno under the ninth. Thu report says
tho committee followed tho plan adopted
under tho Bixth census nud followed con
tinuously since. It has tho sanction and
npprovnl of sixty years of national existence.
Tho plan Is to divide the constitutional
population by 357, tho proposed member
ship. Tho quotient, 20S.S6S. is tho ratio
of representatives to population. This ratio
npplled to tho population of each state
will yield In tho aggregate number some
what less than 357, tho number determined
upon as tho membership of thu house. The
dtrfereuco Is made up by assigning to the
states having tho largest majority fractions
additional representatives until n sulTlclout
number havo been assigned to bring the
total up to 357. A membership of more than
357, tho report says, would muko the houso
unwieldy.
Ilnrleluli .Minority Iteporl.
Tho Ilurlolgh mluorlty report Is ns fol
lows: The anomalous character of this proposed
apportionment, as well as Its obvious In
justice, Is clearly demonstrated by tho fact
that It Is necessarily based. In part, upon
majority fractions, and yet Colorado, with
a majority fraction of liil.367. Florida, with
a majority fraction of 110.5S6. do not re
ceive a reprcsentntlVH based upon such
majority fraction, while -very other state
with a majority frnctlun iccelves a repre
sentative for such majority fraction.
AV'o believe Hint every statu should be
treated allko with reference to Its majority
fraction, ns no valid reason hns or can be
assigned for the discrimination between
them. Wo also bellevo tliat In tho new
apportionment no state should loso a repre
sentative. We, therefore, recommend a
house consisting of .ISO members.
In reaching this number we havo followed
tho precedent established by the house In
1872, when tho house ndded to tho whole
number of representatives a represeutatli e
each for tho stntes of New Hampshire and
Florida by reason of the fact that they each
had almost a majority fraction after the
whole number of representatives had boati
apportioned. Wo tako the computation
based upon 3SI representatives, upon a
ratio of one representative for every WI.152
of population. Nebrnska, with a majority
fraction of VfiZ), nnd Virginia with a
majority fraction of 10rt,545, each lose 11
representative nnd get no representative
for the majority fraction In either case.
These are the only stntes having mnlority
fractions that fall to get .a representative
therefor. This necms to us an Injustice.
Then fore, following the precedent In tho
enso of New Hampshire nnd Florida ill
1872. wo assign to each of these states ono
representative for each innjorlty fraction,
thus uddlug two to tho whole number, mak
ing In nil under tho proposed bill 3S0 repre
sentatives. Under this the gain Is ns follows: Ar
kansas, California, Colorado, Connecticut,
Florida. Louisiana, Massachusetts, Missis
sippi. Missouri North Carolina, North
Dakota, Washington, West Virginia and
Wisconsin gnin ono representative each;
Minnesota, New Jersey and Pennsylvania,
gain two; Illinois, New York nnd Texan
gain three. ,
Wo submit that this apportionment, In
volving nn Increase In the membership of
the house of twenty-nine. Is lu lino vlth
tho uniform practice of the houso In In
creasing Its size so as to keep pace, ns near
as may be, with the Incrc.ibe In population
of the country. No Inconvenience ns to tho
seating capacity of the house can result
from this Increase. A plan proposed bv tho
architect of tho capltot shows that 11 slight
lengthening of the outer row of seats In tho
corners on ench side nf the chamber and
a rearrangement of eight seats In tho body
of the hall will nccommodnto tho addi
tional representatives.
AlirldK'fl MuffniKf In tho .South.
Tho Independent report of Mr, Crura
pnekor Is a lengthy document which goes ex
haustively Into tho abridgement of tho right
of suffrage In tho southern states. In tho
beginning ho quotes tho fourteenth amend
ment to show that when tho right to voto
Is abridged, except for participation In re
bellion or other crime, tho representation
shall bo reduced In such utatcts In propor
tion to such abridgement.
"Congress, In this mnttor," Mr. Crum
packcr says, "must take cognlzanco of cur
rent history and of facts disclosed by olll
clal records. There Is not n member of
cither houso or congress who does not know
to a moral cortnlnty that by direct opera
tion of law tho Btntes of Louisiana, Missis
sippi, North Carolina and South Carollnn
havo disfranchised a sufllclent number of
citizens to doprlvo each of them of several
representatives, to which they would other
wise bo entitled, to sny nothing of tho
largely Incrcnhed suppression of votes
caused by unfair partisan administration
of tho laws. Tho question Is, will congress
mako an apportionment of representative
according to tho plain requirements of tho
constitution, or will It avoid these require
ments nnd net according to arbitrary will?"
Situation In LoiiInIiiiiii,
Mr. Crumpnckor then takes up tho con
stttutton of Louisiana nnd adduces figures
to show that In that stato 43.74 per cent
of tho citizens nro disfranchised. Tho rep
resentation Bhould, therefore, ho argues, bo
reduced from seven to four. In North
Carolina, for the Eame reasons, he figures
that tho representation should bo reduced
from nlno to six; in Mississippi, fiom
seven to four, nnd In South Carolina, from
six to four. Tho subterfuge resorted to
In tho aouth evade tho law, ho says, marks
tho beginning of political demoralization ami
senile decay. Ho then proceeds to a
severe nrralgnmont of tho south, In many
localities of which, "the trampling under
foot of laws calculated to secure tho ex
erclso of political privileges to the negro,
has continued for so long that It Is showing
its vicious fronts lu tho provalonco of mob
law." Ho denounces the frequent resort
to lynch Inw anil 1U unspeaknblo conse
quences. "Tho ntrocltlos," he says, "bo
spoak a deplorable condition of political
morals. Tholr frequent occurrence Is tho
legitimate result of n generation of diaru
gard of election inws." Tho solution of the
problem this condition presents, Mr. Crum
pnckor says, is one of tho burning questions
of tho hour It is above partisanship, It
Involves tho very llfo of the government.
Ho says, In conclusion:
"Tho mensuro I proposo carries no ro
sontnient toward nny stato, north or south.
It Is not designed for punishment, but It
simply alms to place representation In tho
houso upon its constitutional basis and
no stnto can Justly complain If It bo ac
corded Its full rights, No compromlso rnn
bo mado with wrong."
IMtkln Will Tic Hrleimed.
WASHINGTON, Dec. 20. The resignation
of J, II. Pitkin, postmaster at New Orleans,
which wns tendered to tho postmaster gen
eral several days ngo, will bo accepted so
soon ns the sureties of the postofllce pro
sent a man who Is acceptable to tho de
partment tn take temporary charge of tho
ollleo. It Is presumed that tills action will
bo taken tomorrow.
MATY IS RATIFIED
(Continued from First Page.)
was compiled with and the vote wns tnkm
upon tho treaty Itself, resulting as follows:
Yeas:
Aldrich, Hansbrough, Perkins,
Allison, Harris, Puttus,
Hacon, lluwley, Piatt (N. Y.),
Hoverldgo, Hour, Prltchnrd,
Ilurrows, Jones (Nov.), Proctor,
SF'Tf Keun, UuarlcK,
Chandler, Konney, Hcott,
-'ny, Lindsay, Hhotip,
( u lorn. Lodge. Spooner,
H?,1,1.00'. Mcllrlde, .Stewart,
n I tighatn, McCotuiiH, Hulllvnn,
Llklns, Mct'umber, Talllaferro,
lalrbanks, McKnery, Thurston,
irnker, MoLaurln, Turner,
Kister, McMillan, Warren,
f;ry-: Mallnry, Wetmore,
Oulllnger, Monctm, WoIcott-55.
JJule, Nelson,
II an 11a, Penrose,
Nays:
Allen, Culberson, Pettlgrsw,
JJard. Daniel. Teller,
I at'.-, lleltfeld, Tillman,
llerry, Martin, Turley,
Hut or, Mason, Vest,
Cockroll, Money, Welllngton-18
Thu pairs on tho treaty voted ns follows,
two senators for tho treaty being paired
with 0110 against It, In nccordanco with
custom: Depuw and Sewell for, with Raw
lins ngnlnst; Clurk and Simon for, with
Chilton against; Dolllver nnd Uakor for,
with Towne ngnlnst: Coffory and Piatt of
Connecticut for, with Jones of Arkansas
against; Kyle, absent nnd unpaired. Ho
was for tho treaty, but no pair could bo
secured for him,
Tho pairs on votes on thu amendments
were ns follows: Chilton for, with Simon
against; Rnwllns for, with Depow ngnlnst;
Konney for. with Sewell ngnlnst A linn
for, with Dolllver tignlnst; Jones of Arkan
sas lor. wun Piatt or Connecticut against;
Heltfcld for, vlih Kyle npalnst; Harris
for, with Clnrk against; Cnfiery nnd Maker
absent and unpnlrcd.
Text of the TriMity.
The text of the treaty as amended Is aB
follows:
Tjio United States of America and her
Atlantic! and Paclllc oceans, und to that
end to remove .any objection which mav
nrlHo out of the convention of April 13, 185(3.
common.y called tho Cluyton-llulwer treaty
to construction of such canal under tho
auspices or thu government of the United
Mates without Impairing tho "general prln
V.r. neutralization established In
article vlll of that convention, have for that
purpoie appo.nted as their plenlpott nt.aries:
llio president of thu United States, John
S. Iluy, secretary of statu for tho United
States of America, and her majesty, tho
queen or (Ireat Hrltaln and Ireland and em
press of India, und tho Right Him. Lord
Pauncefote. G. (. H., (I. c. M. G., her miij.
esty s ambassador oxtraordliinry and pleni
potentiary to the United States, who, hav
ing communicated to each other their full
powers, which were found to be lu due
urticl s'UV "Krt'el1 U1'" 1,10 following
Article I It Is ngreed thnt the canal bo
constructed under the auspices of the gov
ernment nf the United States, either
directly at It own cost or by gift or loan
of money to individuals or corporations, or
through subscription to or purchase of
Block or shares, and that, Hubjeet to the
provisions of tho present convention, tho
Bald government shall have and enjoy all
tho rights incident to such construction, ns
woll as tho exclusive right or providing for
the regulation and management of the
canal.
Art. II Tho high contracting' parties, de
Hlrlng to preserve nnd maintain the "gen
eral principle nf neutralization" established
In article vlll of tho Cluyton-Uulwcr con
vention, which Convention Is hereby super
seded, adopt ns tho basis of hucIl neutrali
zation tho follow lug ruleH, substantially us
embodied in Uo convention between flreat
Ilrltnlii and Certain other powers, signed nt
Constantinople Octnber 29, 1MS, for thu free
navigation pf the Suez marine canal, that Is
to say:
First. Tho canal Hliull bo freo and open
In tlmo of war as lu time of peueo to tho
vessels of commerce and of war of all nu
lions on terms of entire eiiunllty, so that
there shall be 110 discrimination against
any nntlon or Its citizens or subjects in re
spect of the conditions or churges of tralllc
or otherwise.
Am to IllncUlldi- uud KIkIiIm of AVlir.
Second. Thn canal shall never bo block
aded, nor Hhall any right of war be exer
cised, nor any act of hostility be committed
within it.
Third. Vessels of war of i belligerent
power shall not revlctual nor tuku any
stores In tho canal except so far iib may bq
strictly necessary, and tho transit of such
vessels through the canal shall bo effected
with tho least possible delay, lu nccord
aneo with the regulations In force, and with
only such Intermission as may result from
tho necobsltles of tho service. PrtzcH shall
bo In all respects subject tn the same rules
as vessels of war of tho bel'IgerentH,
Fourth. No belligerent shall embark or
disembark troops, munitions of war or war
like materials In the canal except lu easu
of accidental liiudrauco lu transit, uud lu
such caso the transit shall bo resumed with
all posslblo dispatch.
Fifth. Tho provisions of this article shall
apply to waters adjacent to the canal,
within three murine miles of either end.
Vessels of war of a belligerent shall not
remain lu such waters lunger than twenty
four hojrs ut any one tlmo except In caso
of distress, and in Much caso shall depart
art soon as possible; but a vessel of war of
0110 belligerent shall not' depart within
twenty-four hours from tho departure of 11
vessel of war of the other belligerent.
It is agreed, bowover, that none of tho
Immediately foregoing conditions anil stlp
illations lu sections numbered llrst, second,
third, fourth and llfth of this article Hha:i
apply to measures which the United States
may llnd it necessary to take for Kceurlng
by Its own forces the defense of tin; United
StatcH und the maintenance of public order.
Sixth. The plant, establishments, build
ings and all works necessary to tins con
struction, maliiteiianco and operation or thu
canal shall be deemed to bo part thereof,
for thu purposes of this convention, und in
tlmo or war as In time of pere shall enjoy
complete immunity irom iiiiuin ..
by belligerents anil from actH calculated to
Impair their usefulness as part nt the canal.
Seventh No fortlllcatlouH sba'l be erected
commanding the canal or tho water ml Ja-
m... r..i,...i uiiiIph. however, snail lie
ut liberty to maintain such military pollco
along tho canal as may bo necessary to pro
within six months from the date hereof, or
1. .-. n.fi.
eTnUfa'ur-reof the respective nlcnlpo
tontlartes have signed thla convention and
thereunto nlllxed their seals.
Done In duplicate at Washington, the &t
day of Fobruarv, In the year of Our Lord
une thousand nine bundled
S1Kl" iV'Nn'-FOTi:.
LONDON COMMENT ON TREATY
General Sentlnieul of I.endhiK
In That limit llrlliiln Cannot
AeiM-pt Pnet Amended.
LONDON, Dec. 20. Nearly nil tho morn
im; papers' have editorials on tho nctlon
of tho United States senato In connection
with tho Hny-Puutu'cfote trcoty. They ex
press regret rnlhcr than surprise at tho
supercession of tho Clnyton-Ilulwcr treaty
nnd unanimously declare thnt It will bo
ImpcEslblo for Great Hrltaln to accept tho
amended treaty.
"Tho senato has taruck n serious blow,
says thu Dally News, "at tho fundamental
principles of good faith ntnong nations, nt
Its own repulntloti and at tho vory constitu
tion of tho great republic."
"We aro thankful," says the Dally Chron
icle, "that tho Bennto stopped (.hort of
arr.oudmcntB obviously designed to wreck
the wholo proceedings. Wo bellevo that a
compromlso Is still posslblo, as the re
sources of diplomacy are not yet ex
hausted." Thero Is a strongly evident drslro In all
the comments to do everything reasonable,
as the Dally Chronicle suggests, to mcrt
tho views of tho Americans. Several pa
pers, however, consider It out of the ques
tion that tho British government should
for n moment accept or discuss thn amended
treaty. The Standard argues on this basis,
f Mr,,:,. V. u" "f "-'lilted Kingdom
of Ureal Hrltaln uud Ireland and empress
of India, being desirous to facllltnto the
construct on nt 11 xhin ,.,,,,,,1 1 ,, ,,,,, ,.,, ,'!...
tect 11 againsi mwnTmi. .
Art. Ill-Tile present convention sh.il bo
ratilled by the president of the United
states lu and with the ndvlec and consent
of tl ose ,a"!! thLrenf. and by Her HUtannlc
majesty, and ratllica lions Hlmll be ox
"i.V.....:i' ,.. WimhliiKton or at London
while "recognizing In tho fullest manner
that Persldcnt McKlnley hits labored car
nestly to combine Amcrlcnn nsplrntlons
with dellcnto regard for International nb
ligations. It says: "Tlmo Is on the Bide
of n friendly settlement. No harm tIII
bo done If tho whole transaction Is left ns
It Is until March, when wo may hope that
tho now senato will meet tho question In
n fresh spirit."
Tho Dally Tclcgrnph, which thinks it is
n matter for compromise, Bays: "Our ex
Istlng treaty rights cannot bo superseded
In tho summary manner some senators
seem to Imagine, but nobody In Knglnnd
desires to thwart tho legltlmnto wishes of
thu American people by a too rigorous in
sistence on our claims nnd privileges. The
mere fact thnt a ratification of tho amended
treaty Is keenly desired in America would
nnturnlly lead us to review our own po
sition nnd to attempt to llnd somo middle
way of amicable arrangement."
Tho Times makes no comment.
MANY CONFIRMED BY SENATE
List of !'rrildriitliil .Voiiiluutlonn
Iliitmlnir from .Minister to I'ost
niiister Appro rd.
WASHINGTON, Dec. 20. Tho senate to
day confirmed tho following nominations:
C. S. Francis of New York, to bo minister
to Oreece.
Arthur S. Hardy of New Hampshire, to be
minister to Switzerland.
. J. C. A. Lelshmniin of Pennsylvania, to be
minister to Turkey.
C. L. Thurston of Nebrnska, to bo secre
tary of tho legation at Iluenos Ayres,
J. F. linker of New York, to bo secretary
of tho Chilean Claims commission.
J. M. Ferguson of Pennsylvania, to bo
secretary of the legation to Japan,
Postmasters:
Oregon H. C. Atwell, Forest Grove: R.
Wnggencr, Hltlsboro; D. J. Wilcox, Luke
view; A. W. Severance, Tillamook; C. Reed,
Astoria; F. G. Jewett, Stimpter; K. Sum
mers, Plnevlllo; J. C. Manning, Alexander
City; H. H, Lawler, Knsloy: D. Crock, Jack
sonville. Montana O.'W. Crane, Fort llenton.
Indian Territory H. T. Kstcs, Muskogco;
D, Red Held, Ardmorc; J. II. Jones Lehigh;
S. W. Muytubby, Caddo.
Colorado S. Rogers, Independence; A. W.
Durkce, Greeley.
Arkansns .1. E. Hughey, Warren; T. II.
Murphy, Osceola; O. M. Lehman, Illack
Rock.
South Dakota 12. young, Faulkton.
Washington G. 13. Hnrtson, Mount Ver
non: V. J Knapp, Anacortes.
North Dakota M. A. Mllllgan, Hope; R.
II. Smith, Mnndiui.
Missouri J It. Dyer, Ash Grove; M. W.
Castor, Clayton; K. W. Prentiss, Hethany;
W. K. Templeton, Excelsior; E. D. W.
Arnold, Lamar; E, R. Williams, Richmond;
J. H. Bryant, llurllngton Junction.
Oklahoma J. A. Randolph, Waukomls.
Arizona E. M. Williams, Clifton.
Wyoming II. S. Ilnteinnn, Douglas; J. M.
Rlghtcr, Cambria; G. Jensen, Saratoga.
Kansas Mnudo McGUl, Oswego.
Iowa It. A. NlcholBon, New Sharon; J.
A. Fcrrall, Mason City; J. G. Ileal, Man
ning; J. lluchanan, Eaglo Grovo; W. H.
Wilson, Audubon; J. S. Schroedor, Qutten
burg; R. F. Rice, Mllford.
California A. P. Morrill, Campbell: A.
llooth, PnBO Robles; G. L. Merguler. Palo
Alto; R. N. Hill, Oxnard; G. O. Tlor,
Mountain View; J. A. Lovelnnd, Mcnlo
Park; C. A. Hills, Dunsmulr.
Texas J. M. Harrcll, Manor; J. Cook, Jr.,
Longvlew; C. S, Hodcnhamcr, Wharton; J.
W. Hadley, Qunnnah; C. Real, Kerrvllle;
J. M. Hlckcy, Henderson; W. L. Rogers,
Conroe; E. L. Stevens, Seymour; T. F.
Herner. Henrietta.
Nebraska W. II. Austin, Franklin; W. T.
Hrltton, DIoomlngton.
Alaska J. C. C. Darner, Juneau.
Hawaii L. Scvrrance, Hill; J. M. Oat,
Honolulu; C. II. Ilishmop, Llhue; A. Wall,
Lthalnt.
Porto Rico R. A. Rivera, Arcclbo.
Also H. E. Cutting,' receiver of public
money nt Pierre, S. 1)., A. Whclon, register
of the land office, Pierre, S. D.
i'i:.siox.s I'oit witi:iix vutkha.vs
AVnr NiirvivorH Itriueniliercil liy (ha
(irin-rnl C01 eriiiiirul,
WASHINGTON, Dec. 20. (Special.) The
following pensions havo been granted;
Issue of December 4:
Iowa: Orlglnnl-Cloorgo Jlclv. Pendell,
Stanhope, ta. Addltlonnl William T. Kin
cald, Columbia, $12; Michael McLaughlin,
Farley. J12. Renewal Morgan Smith, Lake
City, Increase Samuel V. Swarla, Har
lan. 10. Reissue John W. Wood, De.s
Moines, $21. Orlglunl widows, special ac
crued December 0 Emma Stephenson,
Homer, $V
Colorado' Original Darius Shay, Love.
land. Jfi. Restoration and Increase Hrlggs
N. Whitman (dead), Apache, $12,
.lonrn Doesn't Think of ItriliriiliiK.
WASHINGTON, Dec. 20. Senator Jones
of Arkansi.s, chairman of the democratic
national tommlttee, snld today thnt there
Is 110 foundation for the report that ho
FIRST CLASS PULLHAN SLEEPERS
...DAILY BETWEEN...
OMAHA AND SAN FRANCISCO
Without Change
GREAT
ROCK ISLAND
ROUTE
M,.MU.t.h,be,, Scenery of the ROCKY
nV?TA N'l and SIERfeA NEVADA by
Daylight In both direction!.
DINING CAR SERVICE TI1ROUUH.
UUPPGT LIBRARY CARS.
For full Information, rescrvatlonsand Itiner
ary "Chlcntfo to California" address City
Ticket Office, 133J Farnam St., Omuha,
Neb.
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MONTH.
SPECIALIST
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and Disorders of Men
IS Years In Omaha.
VARICOCELE
HYDROCELE cured.
Method new, never falls,
Wilhnll, 1 1 . . I ri ....... A
lofsof time.
2 YPUII IQcuredforllfeand tliepolsor.
rr,,B-,0thorotighly cleanfd from
ths syMera. Soon every klKti and symptom
disappear completely ami forever No
"HUBAinNG OUT" of th9dlese on tho skin
nr face, Troatnient contains ao dangerous
Uruginr Injurious medicines.
WEAK MEN Loss 0F Manhood from
" Ci7 . , , ' cosses or VlCTUis to Nr.nvous
SEXUALLY DBnti.iTT or Exhaustion,
WistrNo Weakness Involuntary Lossrs,
with i:ltl.v Dkoay In YotiNO nnd Mipple
Aged, uclt of vim, vigor snd strength, with
sexual organs Impair d nnd weak.
STRICTURE "ai1,ril".,'c,i'feQ.wl,n a new
ZLrt n ecx anrt. 'n'alllblo Homo Trent
ana uutti innt. Nninntruments,riopln,
nn detention from buMnes, Gonorrhoea,
Kidney and Mlnrtrter TrnnhlM.
CUItllS niMKANTRKl).
Cumitltatloii Fret. Treatment by Mill.
CnllonorarldreM IIO S. 14th fit.
Dr. Searlos&Soarlos, Omaha, Not),
Etna NO CURE, NO PAY
Kill If you hftTfl small, weak orjrnt,
Ml lot power or wrakrnlns dralm,
our Vacuum Orgin PeTnloporvlll
reitore you without Arnzt or
II electricity 1 M.000 In rnn not one
failure 1 jnt one rettirnuli no C O. P, fraud writ for
partleulan. vent aealed In plain envelop.
LOCAL APPLIANCE CO., 414 Chirlei Did f Omvir, Colo.
A
contemplates tcslKnlnrt (he rltalrmansblp
"I have had no correspondence on that
Bttbject with nnyone," ho said, "nnd no
mirkcMIou of thnt nature hns over been
niiule to mo by nny one, nor have I sug
gested It to any ono. indeed, tho subject
had never entered my mind until I saw the
report In tho newspapers, Thero Is no
occasion for n meetlm; of the national com
mittee nt this tlmo and no mectlnR is Ha
bio to be held. Iu a word, tho report Is
without foundation."
COMPILATION OF GAME LAW
llriuirliiicnt of AKrlculliirr 1'titlliiK
11 t'niiiplrtr Work oil
tin- Mulijrol.
WASHLN'OTOS:. lw ?rt rl, ttrli.,,i
Statca Department of Agrlculturo has In
press nnu win soon Issue u bulletin entitled
"Laws Ilegulatlnc tho Tr.inHnnrtntlnti nml
Sale of Oamc." Tho bulletin was prepared
uy nr. 1. m. rainier, who has been charged
with the Immediate supervision of matters
relntlug to game under the Luccy net, ns
Bistcd by 11. V. Olds, nn nsslstnnt lu tho
division.
it contains n compilation of such sections
of tho various stuto laws ns relate to tho
transportation nnd sale nnd gives tnbles
nnd dlncrnms showing rlnarwl mun. .....
rles prohibited from shipment nnd sale nnd
iiiniis 01 nags, and regulations regarding
non-resident licenses.
The bulletin was urcnnrnl in i.
demand of shippers, transportation compa
nies nnd eamo denlern. ulu mn.11
llnd themselves In tho position of Inad
vertently violating laws with tho provisions
of which they nro unfamiliar, nnd the re
quirements of which they hnvo no ready
means of ascertaining.
Other Mn M ( 1 1 1 Apply.
WASHINGTON, Dec. 20. Mrs. Nellie
Orant Snrtorls desires the statement made
that there Is no truth In the rumorod
engagement of Mlsa Satorls nnd Mr. Nichols
of Now York.
For Ilnnmenraii.
IlenJ. Ingcrson of Hutton, Ind says he
had not spoken a word above a whisper for
months, nnd 0110 bottlo of Koley's Honey
nnd Tur restored his voice. It Is used
largely by speakers and singers, Take no
substitute. Myers-Dillon Drug Co., Omnha;
Dillon's drug stcrc, South Omaha.
PARE YOU FEELING BADLY? f
RICKLYASH BITTERN
will miDP vnn.
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It is complete containing 300,
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MUNYON'S
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Whon Prof. Munyon sa.ys his Kidney
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ittduoy dlsenio he does not overstate the
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nluco among the almost Infallible remedies
It will not cure Bright' Disease) in the ad
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llrlKhl'H DIsenixi.
Fifty-six other cures. All druggists. ,c
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