v m i i Supreme Court Gives the Gov ernment the Best End CONGRESS THE SOLE ARBITER Ruling Requiring Return of Collected I Duties Affects Only Transitional Period Between Treaty Ratification and Special Enactment Washington May 28 In tho United States supremo court yesterday opin ions were handed down In nil but two of the cases before that court Involving tho relations of the United States to Its Insular possessions The two cases In which no conclusion was an nounced were those known as tho 14 diamond rings ense and the second of the Dooley cases Tho undecided Dooley case deals with a phase of tho Porto Klcau question and the diamond rings case Involves the right to tho free Importation of merchandise from tho Philippines to tho United States The original intention of the court had boon to adjourn after yesterdays sit ting for the term but discussion of the cases passed on took about 5 hours bo the court adjourned until today when It Is presumed tho remaining cases will be passed upon Of the several cases decided tho two which attracted the greatesUshare of atten tion from the court were what Is known as the Dellma caso and that lcnown as tho Downes case and of these two tho opinion In the Downes caso is considered tho most far reaching as it affects our future relations whereas tho Dellma caso dealt with a transitional phase of our Insular rela tions The Dellma case was tho first to receive the attention of tho court and as It appeared to be quite sweep inly opposed to the governments con tentions many persons precipitately arrived at the conclusion that the gov ernment had been worsted all along the lino This view suffered a decided change when the decision was received in tho Downes case Tho court was very evenly divided on both cases but political lines were not at all con trolling The Dellma case involved the power of the government to col lect a duty on goods Imported Into the United States from Porto Rico after the ratification of the treaty of Paris and beforo the passage of the Porto RIcan act The court said the governments contention In this case was substantially a claim that Porto Rico Is foreign territory The entire case turned upon that contention The court held that the position was not well taken that Porto Rico was not nt the time a foreign territory and that therefore tho duty which had boon collected must be returned Foraker Act Chaqges the Situation The decision in the Downes case followed the history of tho dealings of the United States with Porto Rico a step farther That caso 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 upon goods shipped from the United States into Porto Rico and those shipped from Porto Rico Into the United States In this caso the court held that such exaction was legal and co V ItuAoal The point of the two opinions con sidered collectively Is that Porto Rico was never after the acquisition of that island foreign territory that until con gress acted upon the question no duty should be collected but as soon as con gress outlined a method of controlling the Islands revenues that action be came binding In other words that congress has power under the consti tution to prescribe tho manner of col lecting tho revenues of the countrys insular possessions and has the right to lay a duty on goods Imported Into our Insular possessions from the United States It holds In brief that for taxation purposes they aro not a part of tho United States to tho extent that goods shipped between their ports and tho United States are entitled to tho same treatment as though they wore shipped between New York and New Orleans Justice Brown delivered the courts opinion on both and there were vigor ous dissenting opinions In both In tho Downes case four of tho nine mem bers of tho court united In an opinion characterizing In strong language the opinion of tho majority In that caso In this opposing opinion the chief justice and Justices Harlan Brewer and Peckham united and tho chief Justice and Justice Harlan presented their views In written form Justices Gray Shlras White and McKenna also while agreeing with tho conclusion an nounced by Justice Brown announced that they had reached the conclusion by different lines of arelment and Justices Gray White and McKenna an nounced opinions outlining their re spective positions Justice Shlras White and McKenna also dissented In the Dellma case uniting In an opinion Justice Gray also presented an Inde pendent and dissenting opinion in that case The other cases decided by tho court were tho Gotzo vs tho United States involving duties on Importa tions from Porto Rico and Orossman vs the United States duties on Hawaiian Imports being involved In these two cases the Dellma decision wa3 followed and assessment of duties prior to enactment of legislation for the Islands held illegal The assessment of duties was part ly sustained ana partly upheld in tho cases of Dooley and Armstrong vs tha United States Tho duties wero held legal when made during military oc cupation of Porto Rico and prior to ratification of the peace treaty but I wVn levied nftor the pirn treaty but prior to passngo of the Tor akor act Tho small court room was crowded to repletion throughout the day prom inent officials and many attorneys be ing present and the proceedings wero follow from start to nnlali with keen Interest Gist of Dellma Opinion In tho Dellma caso Justice Brown concluded as follows It nn net of coimrem lie norcsrtrjr to con vert ii fiirolKii country into liiinclc ter ritory tln iitnwllon lit mice unggcta Iticlf wluit U lie elinrneler of the IccNIiitlnn ite tnnnilcil for till purpose Will nn not np ptoprliitlili money for Its imrclmse lie mif tlelent Appirentlv not Will nn net npiiopiliiii itn iltitlcN collected upon tin pint to ninl from niicIi country for tlie heiiellt of lu i ovcrtimcnt be snttlclent Appmcntlv not Will nets uinklng nppro prlntlonx for ll poolnl service for the cMntillslinicnt of lllitlune for the innln eniuice of ipi irniitlne Millions for erect Inc pnlillc have that effect Will nn net cstiitiltslilni n complete local iov eminent lint with the reservation of n rlulit to collect duties upon commerce lie ndennate for t tint purpose None of these nor nil together will he snlllclenj If the government lie sound since nets etulirac Iiir all these ptovtslnus have been passed In connection with 1orto It leu nnd It Is Insisted that tt Is still n forelcn country within the tnennltii of the tnrlff laws We nre unable to ncqiilcsce In this assumption that a territory mav lie at the same time both foreign and domestic We ate therefore of opinion that at the time tlue duties were levied Porto Itlco was not n foreign country wllliln the meaning of the tnrllT lavs tint a tenltory of the Tutted States that the duties were Illegally oncted nnd that the pliilnlllTs nre entitled to recover them back UPHOLDS ADMINISTRATION Solicitor General Richards Interpreta tion of the Decisions Washington May 2S Solicitor Gen eral Richards of the department of Justice who had charge of tho Insular cases before the supremo court made the following statement containing his interpretation of tho decisions of the court Tho Important question involved In these cases was whether the cession of territory contained In the treaty of Paris made Porto Rico and tho Philip pines integral part of tho United States within the meaning of that pro vision of tho constitution requiring all duties Imposts and excises to bo uniform throughout the United States The court held that the cession simply made Porto Rico and tho Philippines domestic territory of tho United States subject to tho full control of congress which control could be exercised with out reference to those limitations This limitation the court held was Intended to apply to the states of the union and does not apply to acquired territory unless by treaty and by sub sequent act of congress It Is Incorpo rated within and becomes an Integral part of tho United States The de cisions are consequently a victory for tho government They sustain to the fullest extent the so called Insular policy of tho administration The gov ernment now has the sanction of tho supreme court for governing these Islands as their needs require The court holds that tho constitution did not of its own force at once apply to those ceded territories PLEASES THE PRESIDENT Supreme Court Decision on Islands Suits the Administration Omaha May 2S The presidential train arrived here this morning Mrs McKinloy is standing the trip very well and seems rejoiced that every hour brings her nearer home At Sidney Neb the president and the cabinet received the official Infor mation that tho supreme court had decided tho Insular cases in accord ance with tho contentions of tho gov ernment The news came in the shape of a telegram from Solicitor General John K Richards It was brief how ever and contained no details beyond the bare announcement that the admin istration had been sustained Natural ly the president and cabinet officers were elated over the victory although they have never doubted that the de cision would he in favor of the govern ment Cubans Will Accept Havana May 28 By unanimous agreement tho Cuban constitutional convention has decided to take final vote on tho acceptance of tho Piatt amendment today This decision was reached after long argument against tho acceptance of the amendment by Senors Tamayo and Portuondo who wore answered by Senors Sanguily and Berret Tho conservatives claim that the Piatt amendment will be ac cepted by the convention by a vote of 17 to 11 SPARKS FROM THE WIRES A Great Northern freight train col lided with a dynamite car near Ta coma Monday The euglue and train wero totally destroyed Major Taylor tho colored American cyclist In the return match Monday defeated Jacquelln tho French cham pion In two out of three races James Post and his nephew were burned to death and Mrs Post wa3 burned seriously In a fire Monday in their residence at Havelock Ont Tho strike of the machinists em ployed by tho Brooks Locomotive works at Dunkirk N Y was settled Monday Their demands were granted It Is now said that President Erra zuriz of Chile who has been suffering Yroui paralysis Is much worse and that little hope of his ultimate recovery is entertained Secretary Gage Monday received and accepted the resignation of W P Hazon for tho last four years at tho head of the United States secret service at New York Tho Wabash and Chicago and Alton roads agreod Monday to allow tho question of differential fares for the former road between Kansas City and Buffalo to go to arbitration - J TUN NORFOLK NKWS Kill HAY MAY U MOl Ill I I Kill Terrific Explosion in a Tennes see Coal Mine CAUSED BY A BLOWN BLAST Flames Ignite Accumulation of Dust and Unfortunates Are Caught In Fiery Furnace Only Four Escape Without Injuries Dayton Tenti May 28 At tho Ulchhind mine two miles from here yesterday a terrific explosion of coal dust resulted In the death of 21 men all white and most of them married and with families At -130 p m a dynamite cartridge was placed In position In one of the rooms for blast and tho miners Htnrted for tho mouth of tho mine Tho blast did not explode as Intended but In stead a long llumo shot out of the blast hole and Ignited the accumulation of dust Instantly a terrific explosion oc curred and a seething mass of Ilamo shot to tho mouth of tho minu and extended UOO feet Into tho open air scorching the leaves from tho nearby trees There were 31 men In the mlno at the time Four of these escaped with slight Injuries Twenty one were killed and nine terribly bunred most of them fatally The force of the ex plosion caused great masses of coal and slate to cave In from the roof of the mine and ninny of the ill fated miners were completely burled Word quickly reached Dayton and rescue forces were at once organized and proceeded to tho mine Ouo by one the blackened and horribly dis figured bodies were taken from the de bris and carried to tho mouth or the mine where they wero put on a loco motive and taken to Dayton Scores of relatives and friends gathered at the mouth of the mine nnd the shrieks of anguish as the bodies wero remocvd were heartrending Tho dead Tom Wright Dick Smith Will Matthews Sam Smith Hal Icy Smith Tom Walker George Holmes J P Gothard Terry Smith Abo Gothard Sam Burwlck Jim Pickle Wash Trasley Oscar Rodgers Lewis G Rodgers Lowery Hawkins J F Walker Perry Pope Llge Poole Andy Medley Will Rose The injured William Burchono Sr William Burchono Jr Bob Walker Rev F M Cook Rev William Hale Bart Hale Arthur Decker Ed Craig J T Burwlck PACKET DUBUQUE IS SUNK Diamond Jo Line Steamer Strikes Rock North of Burlington Burlingtou May 28 Tho Diamond Jo packet Dubuque southbound struck a rock 18 miles north of hero last evening and sank in five feet of water There wero 50 passengers on board All escaped injury News of the wreck was roclcvod by telephone from Oquawka eight miles below the sceuo of the accident and at present there is no other source of news While tho boat sank In less than a minute it is stated that no person was drowned or injured though there wero 50 passengers on board A largo quantity of Hour carried on deck as freight slid off into tho water when the vessel listed to one side The vessel now rests on a slanting bottoM The rock tore an IS foot plank from the vessels bottom letting tho water in with a rush The Dubuque was en route from St Paul to St Louis The steamer W J Young of Daven port on route down will probably take off the passengers and bring them to Burlington Tho Dubuque Is one of the finest Dinmond Jo line packets running between St Louis and St Paul Captain King on Trial Mobile Ala May 28 FormerCaptaln and Quartermaster Cyril W King In charge of tho construction work at Fort Morgan Ala was put upon trial yesterday in tho United States court charged with receiving a bribe from Contractor J H Hobson Hobson charged that last summer he did 800 worth of work at tho fort and that King rejected a great deal of material In October King offered to be easier on hfm for a consideration Hobson paid King 2000 In Installments the last batch of money being marked and verified by a detective Cedar Rapids Strike Declared Off Cedar Rapids Ia May 28 Tho Burlington Codar Rapids and North ern strike involving 300 men was de clared off yesterday and the men who have not found other employment will return to work at once Tho strike was caused by tho introduction of the piece work system which is not re ferred to In tho terms of settlement One Killed In Wreck Alliance Nob May 28 E V Faw cott a Burlington and Missouri conduc tor was killed in a wreck at Mars land last night The wreck occurred on a curve at the crossing of tho Niobrara caused by the flange break ing from a wheel throwing six cars and caboose into the stream Injured Number Over Fifty Albany N Y May 28 Further In formation from the vicinity of the collision on tho Albany and Hudson railroad near East Greenbush shows that tho number of injured Is over 50 There have been no other deaths how ever up to this hour Ends Life With a Razor Omaha May 28 Joseph Hecho 42 years old an Inmate of tho county hospital committed suicide shortly after midnight by cutting bis throat from ear to ear with a razor ASKS WRIT OF HABEAS CORPUS Mrs Bonine Held for Killing of Cen sus Clerk Wants Release Washington May 28 A petition for a writ of liuliMiH cot pus wui tiled yM tardily by counsel for Mrs Lola Ben in who Is hold In conneetlrn with the killing of young Ayres tha consult ifUflivfiill Tpsr itns noNtNK clerk In the Hotel Kenniore two weeks ago The decision holds that the case Is In course of orderly adjudication by tho authorities that no emergency calls for the step and no menace to health la Involved such as Is con templated by the statuto empowering Issuance of such writs and that such action would he hasty Tho court therefore order J hat tho prisoner bo not admitted to ball OPPOSE RAISING CUSTOMS United States Will Stand Out Against Revenue Proposal Peking May 28 It seems probable that Great Britains position limiting the Indemnity to be demanded from China to 450000000 taels will be agreed to by tho end of tho week United States Special Commissioner llockhill thinks this may bo considered an American victory Though his proposition limiting Indemnity to 3 10000000 taels was not accepted still it was tlie cause of tho other powers considering tho Idea Tho only point likely to causo further delay In a decision by all tho powers except America Is that regarding the raising of tlie foreign customs 5 per cent Mr llockhill told tlie ministers at a recent meeting that rather than take this step America would relinquish all claims to Indemnity nnd even make a money present to China as American commercial interests would suiter far more thereby than those of any other power with possibly one exception GOVERNOR WOULD GO HIGHER South Carolina Senatorsbips Bring Out a Big Field of Candidates Chattanooga Tenn May 28 Gov ernor McSweeney of South Carolina who Is attending tho dedication serv ices of the South Carolina monument at Chickamauga stated yestonlay that ho would probably be a candidate Tor tho United States senate In the com ing primary although he had no defin ite announcement to make nt present Colonel Wiley Jones chairman of tho state Democratic committee an nounced his candidacy for tho senate TROOPS SAIL FROM CHINA All Except Legation Guard Now Out of the Flowery Knigdom Washington May 28 A dispatch re ceived at tho war department from General Chaffee at Takn says that tho transports Sumner and Lennox sailed May 27 and that all of tho troops that aro to leave China aro off for Manila Grading Begun at Emporia Emporia Kan May 28 Grading on tho Kansas City Missouri ami Orient railroad was begun hero yester day Laying of rails on tho section between Emporia and Wichita will bo commenced July 4 Boers Capture a Post London May 28 The Times pub lishes the following from Craddock dated May 27 Kritzlngers Invad ers Into Capo Colony captured a post near Maraisburg after a stout resist ance Cheeseman Embraces Episcopal Faith Creston la May 28 Rov T W C Cheeseman formerly a Congregational minister at Ashland Neb and a well known lecturer has embraced the Episcopal church hero TELEGRAMS TERSELY TOLD Tho eaglo will hereafter ho tho model and omblom of tho American Women Suffragists Flro In tho resldonco of Rov I T Osborn two miles north of Halley Ida Monday resulted In tho death of Mrs Osborn and hor young son Tho conference of western railroad presidents which was to have been held during tho first week In June has again been postponed until Sept 4 Two boy3 named Harloy Mann and J B Adams wero playing In a barn loft at Tilsonburg Out Monday when tho hay became Ignited and both boys wero burned to death Tho different unions in tho tailoring trade In Now York Brooklyn and Now ark Issued a notice to tho manufac turers that they aro preparing for a fight for tho abolition of tho uilddlo men In tho clothing trade A dispatch from Union B C saya tho steamer Kinghurst Is on tho rocks off Denman Island In tho Gulf of Georgia Tho Kinghurst Is a new steamer and was built for trade from Cape Nome to adjacent poluts I III II Presbyterian Assembly Settles Vexed Question END OF THE DEBATE ON CREED Dr Moffatt Introduces Harmonizing Amendment and It Is Adopted Unanimously Next General Assem bly to Be Held In New York Philadelphia May 28- My a unani mous vote the Presbyterian general nil uetnbly adopted lie report of tho spe cial committee on the revision of the cnnfeHslon of faith The debate on this Important question luul extended Into the fourth day nnd to Rev Dr Inmcs I Moffat ht due tho credit of having brought the enninilsslonors to such harmonious routlustou When recommendation B wiih on ftit urdiiy ndopted by a comparatively small ma jority Rev Moffat t annniinced that In view of the divergency or opinion he would today present what he hoped would meet with the approval of the entire iiHsembly When lie presented this amendment today II wns tmitantly accepted by the conimlimlonerH and the adoption of tlie report as a whole with but little delay A viva voce vote was taken and when ill nycH responded to tho ques tion the commissioners arose nnd sang Iralse God from Whom all Blessings Flow which wan followed by a prayer of thanksgiving by Moderator Million The inonienlous question of creed revlHlon having been disposed of tho assembly proceeded to tho considera tion or unfinished business Tlie re port of tlie special committee on Ju dicial commissions was tlrst In order and was adopted after a brief discus sion This report recommended the establishment of a permanent Judicial commit ten to which shall be referred all Judicial Issueii which the general assembly does not elect to try before tho whole body Them will be no ap peal from tho decisions or tills com mission During tho afternoon reports of vnr Ions special committees were consider ed and adopted among hem a supple mental report or the committee on the ological seminaries which recommend ed tho consolidation or tho Louisville and Danville seminaries New York was selected as the meet ing placo for tho next general as sembly SEAL UPON WOMAN SUFFRAGE United Presbyterian Assembly Formal ly Accepts Report of Committee Des Moines May 28 United Pres byterian general assembly placed Its seal upon tho question of approval or woman suffrage by formally accepting tlie report of tho judiciary committee which wns to the offect that the ques tion wns purely a civic one and there fore not one that properly can come beforo an ecclesiastical legislative body Ten thousand dollars were appro priated Tor home missions an Increase over that or last year Dismissed Cadets Call on Root Washington May 28 Tlie five cadets who wero dismissed from West Point were at the war department yesterday Secretary Root stated at tho conclusion of the conference that the statement made by tho cadets had not altered Ills opinion and that the situation remains unchanged Tho secretary of war has approved the findings of tho court martial In the enscs of Cadets Vernon and Perry who have been dismissed from the acad emy Expelled for Advertising Cedar Falls la May 28 At the state convention or dentists at Clear Lako action was taken whereby the name or Dr J A Jones or Ackley was stricken rrom the membership roll and he wns prevented rrom reading a paper before the convention Tho charges mado wero that his name had been connected with an advertlsmont of Dr C E Perkins or Dos Moines In such a manner as to mako him guilty of unprofessional conduct Ten Thousand Dunkards at Lincoln Lincoln Mny 28 Tho Dunkard Na tional conreronco hold all day and evening services divided Into groups of outdoor and sldo meetings Tho at tendance reached Its height yesterday and 10000 persons It Is estimated wore on tho grounds Tho religious services were varied by many annual reunions and sightseeing excursions Tho homo of William J Bryan was visited by thousands Rev Charles A Fritz is Dead Hastings Neb May 27 Rov Charles A Fritz who has been pastor of tho Gormnn Lutheran church for tho Inst ton years died suddenly yes terday at his homo Father Fritz as ho was familiarly called had reached a rlpo old ago but his sud den domlso was a surprise to all his friends Irrigation Is Discussed Omaha May 28 The conforenco at tho Omaha club of sonators and repre sentatives from Nebraska and Wyom ing In tho United States congress wa3 an Informal affair yesterday morning and tho discussion ranged over tho broad fields of both states from sheep hording to agriculture Death of General Stone Burlington May 28 General Georgo Augustus Stono a veteran of tho civil war and slnco 1884 national bank ex aminer in Iowa died at Burlington hospital aged C8 years 3 HERRON ADD MISO RAND WED Vows Omitted From the Ceremon Which Was Extremely Simple New York May 28 -Announcement wan made yeulnrdny of the marrlagu on Saturday evening last or Professor George I Ilerroti and Miss Carrlu Rand the ceremony having boon per formed In the apartments of Dr Charles llrodlo Patterson or this city The Rev William T Brown pastor or Plymouth church Horhester N Y performed the ceremony which wan extremely simple there being no vown taken by either party Miss Kami prior to her tinrrluge devoted con slderable time and money to the causn of socialism nnd It li the vitenllon of her lnmbaii I and herself to devote tholr lives to socialism SEVEN FOR COURT MARTIAL t Trial of Mllltitmen to Take Place With In Ten Days Lincoln May 28 The seven mlllthi men who disobeyed the orderu of Cap tain Bolshaw at the stale penitentiary last Thursday will bo tried by court martial within the next 10 days An of Ileal report of the disturbance wan Hibinlttoil to Ail Jttatil General Colby by Captain Bolshaw or the neven offenders only one was tin old member or tlie guard the others having Joined the Lincoln company lor the purpose or obtaining temporary einployinnet They were regularly enlisted however and consequently are subject to mili tary discipline j IS FINED TEN THOUSAND j Chicago Man Pleads Guilty to Opcrat Ing Illicit Oleomargarine Factory Chicago May 28 Having pleaded guilty to operating an illicit oleomar garine factory Albrt T Dow proprle tor of the Fertile Valley Creamery company 2331 Stale street was yen terday lined 1 10000 and sentenced to hIx months in tho county Jail by Judge Kohlsaal In the general court Dow In said to have cheated the government out or 10000 in revenue payment Thin In said to be the heaviest tlno ever Imposed In a federal court Deserters Under Arrest Den Moines May 28 Bert A Smith Charles Hehultz and Luther Kelley all of Ottuniwa have been brought to Den Moines under arrest as deserters rrom the army They enlisted last rail and were assigned to Hie Fourteenth cav alry and wero sent to Fort Leaven worth They served one month anil grew tired of the life They were alt recaptured near Oltiimwa where they came rrom and will be sent back Tor punishment No Change In Strike Situatloi Toronto May 28 President OCon noil or the International Machlnlstn association said yesterday that there was nothing new In tho strike situa tion la tho United States Special con ferences of the International Metal trades will ho said meet today and tomorrow representatives of the strik ers and the bosses will moot In Chi cago to atempt to adjust tho differ ences there Baseball Scores Yesterday American League Milwaukee 3 Philadelphia 8 Chicago 10 Haiti more 3 Detroit 1 Washington 8 Western League Omaha 1 Colorado Springs 0 Des Moines fi Denver 5 St Paul 4 Kansas City 5 Minna apolis 4 St Joseph 5 Ill Uivl Catcher The dog catcher is not the only per son In tlie city who Is sincerely hated by both man and animal There is a cat catcher as well and lie comes In for his full share of antipathy He makes a living at the business nnd a very good one It Is said Faw aro aware of the fact that pussys fur Is a very desirable article of commerce There are any number of dealers In this city who are glad to pay all tho way from 50 cents to 1 for a cats skin according to size and quality The method of catching the unsuspect ing cat Is n particularly mean one It Is a well established fact that cat are very fond of catnip and will troop after a man who carries a bundle of It This greed leads to the undoing of pussy who will come to a stand If a bit of the herb Is thrown ou the ground and Is thus made an easy prey A bag and a chloroformed sponge do the rest and many a household pot the disap pearance of which caused sorrow can be accounted for in this way Phila delphia Press A Well Merited lie tort Ex Assistant United States District Attorney Sutherland Tenney of New York was graduated from the Colum bia Law school In 1S75 when bo carried oft the first prize of 500 A disap pointed competitor congratulated him und added I suppose It was because your thesis was Illegible as usual and tho Judged gave you tho benefit of tho doubL Mr Tenney uurutllod replied Oo v much hotter you would do If yoa adopted that practice In all your work Saturday Evening Post Dorothy In Kniflaud Do you realize how many children aro named Dorothy A childrens hos pital In London not long ago asked every child In England named Dorothy to contribute a shilling toward a bed to bo called by that name The result was enough money to found a dozen beds showing that there aro thousands and thousands of children named Dor othy living in England alone Atchi son Globe Quite Free Pastor I uuderstaud Brother Jor klns considered my sermon very freo Do you know on what ground Deacon I have an Idea When the collection was taken up after It he was asleep and it passed him Phlladul phia Press