Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 28, 1901, Image 1
The Omaha Daily Bee. ESTABLISHED JTJiNE V..1S71. CKMAIIA, TUESDAY' MOBK1KG, MAY 28, 1001-TEN PAGES. SJXCrLE COL'Y riVK CENTS. WILL REVISE CREED Presbyterian Aatamblj Votes Unanimously in Favr of the Change SUDDCN SETTLEMENT OF VEXED QUESTION End ii G Quicly Betchid that the Olerfj Are Themselves Eurpriitd. GREAT ROAR OF "AYE," THEN DOXOLOGY Dr. MofTett Introducei Harmonizing Amendment. AIL CONGRATULATE HIM ON RESULT lomp Minor A til nil in cut in Report ChmiKrn Arc In l'liriiscolmy null Mmlc tn Slalr More Ksnllcltl' AVhnl In Intruded. PHILADELPHIA, May 27. By unanl mous voto tlic Presbyterian general assom bly tclay adopted tho report of the special committee on the revision of tho confession of faith. Tho debato on this Important question hail extended Into the fourth day, cud to Rev. Dr. Jnmcs I). Moffatt Is due tho credit of having brought the comtnls doners to such a harmonious conclusion. When recommendation H was, on Saturday. adopted by a comparatively small majority Jtcv Moffatt announced that. In view of tho divergency nf opinion, ho would today pre ont what he hoped would meet with tho Approval of tho entire assembly. When h presented this amendment today It wjs Instantly accepted by tho commissioners nnd the adoption of tho report as a wholo followed with but little delay. A vivo voce vote was taken anil when 640 ayes responded to the question, tho roimnlssloner8 arose and suns "Praise God from Whom All Dlcsltigs Flow," which was followed by a prayer of thanksgiving by Moderntor Mlnton. The momentous question of creed re vision having; been disposed of, the assem bly proceeded to the consideration of un finished business. I'eriimncnt .1 u it to I n I Committee. Tho report of tho special committee on Judicial commissions was first In order and was adoutcd after a brief discussion. This report recommended tho cstnbltshm a permanent Judicial committee to which shall bo referred all Judicial Issues which the general assembly does not elect to try before tho wholo body. There will bo no nprenl from the decisions of this commis sion RECEIVE , M.TY AT SYDNEY Itux-iun Wnr i Inlim In Welcome In llnl. Duchess of SYDNEY. N. S. . -ny 27. Tho British steamer Ophlr. having on board tho Juke and duchess of Cornwall and York, ,ir rived hero at 11 o'clock this morning. It was Joined outside the harbor by a squadron of soven government vessels conveylns the premier, Sir William Lyne, tho ministers and federal officials. As the squadron en tered the roadstead, the Ophlr leading, KM Itusstan cruiser Oroinoboy, from the Athol bight anchorage, fired n royal salute. The British cruisers responded, hoisting the Itusslnn flag. The harbor was crowded with shipping and excursion craft, and tho shores wero lined with thousands of specta tors. The sun shone Intermittently. When tho Ophlr came to anchor It was boarded by tho governor general, tho earl of Hope toun, governor general ot tho common wealth; Sir Frederick Darley. lieutenant governor of New South Wales, and the Russian admiral. Tho duko and duchess landed at 2 o'clock Hnd wero greeted by enthusiastic crowds. The decorations were magnificent and a brilliant military escort awaited the landing of the duke nnd duchess. RUSSIA APPLIES THE SCREWS MiiMUMidi l.ctiilhiir Xcit iniirr Jlntlcrnte CiiiiiiiifiiI nil Strllicn. for ST. PETERSBURG. May 27. Tho prohlbl tiou of tho publication of tho Nuvoo Vreraya for n week because of Its editorial articles on the labor troubles Is creating un Immense sensation, as indicating extraordt nnry nervousness on tho part of tho gov eminent. The Novoo Vrcmya Is second only to tho Moscow Vladomotlo in conservatism and Is usually allowed greater latitude than are tho other papers, The editorial tn quos tlon Is mild as compared with many gov ernmcntnl publications on the labor situ atlon In more quiet times. It merely said tho operatives wero poorly paid for ex ccsslvoly hard work and wero beginning to bo influenced by western literature and suggested that tho government carry on the work begun for emancipation and en forco social reforms. RELIGION IN THE ISLANDS i'niM' mill riirilliinl t.Mihnun Coniulf titer Ciilm mill I hi; t'lill- IIIC, (Copyright, 1W1, by Press Publishing Co.) ROME. Mav ;. I.Vpw York World Cnble- 1 1118 I ' " ent of I (fam Special Telegram.) Tho pope and Luminal uiUDons nau a long consultation today concerning tho position of tho re llglous orders In Cuba and tho Philippines Tho mntter has caused serious concern at the Vatican, nnd It is now stated on author itative Information that the pope has S GOVERNMENT'S VICTORY Solicitor General So Considers the Bnprimi Court's Baling. SENATOR FORAKER TELLS CIRCUMSTANCES Author of the FornUer Act Kluclilnten llic Situation Hint Were In lnM llim n ml t liu Inlliieneeil the Justices, CONDITION OF THE WEATHER j M'RINLEY ARRIVES TODAY Forecast for Nebraska? Fair Tuesday, with Higher Temperature. Wednesday, i-iur; oojincriy winus. Tcmpernrure nt Omnlin Yeslcrilnyl Hour. IIck, lliinr. Den. . n. tu ,:t 1 p. in 77 ft n. m ." I'. Ill Til ? ii. in...... in :t p. m 7s S u. ill .".I I p. ill Ml it n. m (ii r. n. n so II I Ill) tl l. Ill Ml 1 1 II. Ill 7!t 7 i. lit 7S Ii. iii 7. S P. "1 711 II It. lit. .... . 71 TWENTY-ONE MEN KII.LEO Presidential Fart? Betels in the Fairneti of Nebraska. MRS. M'KINLEY SEEMS MUCH REJOICED An'm-itn llcr tSrcut Comfort Due to Itctieli Oinnliii Knrly 'I'll n MoruliiK. During tho afternoon session reports rf ; como to see the necessity of making a radl various special committees were consid ered and adopted, among them a supple mental report of the comr Itteo on theclogl- caj seminaries, which recommended the consolidation of tho Louisville and Danville seminaries. New York was yjelected ns the meeting place for tho next general assembly. In commenjlng ."." jhe question of re vision. Moderator :Mliltbn enld: "The dis cussion has developed and displayed far more clearly the ngreoment of tho whole assembly upon tho question of revision thnn any division or discord. The decision reached is a victory for -no one, but for nil." llev. Dr. C. A. Dickey, chairman of tho committee on revision, said. "The church may expect peace and progress during the coming yrar. The action of the asiembly manifested mutual confidence. Without dissent tho assembly determined to go for ward and distinctly marked out tho wny for tho forward movement."' Tho committee recommended to tho next assembly tho selection of Los Angeles for tho assembly of 1003. Mo mil Pour oil. James D. Moffat, D. D., president of Washington and Jefferson university, who. on Saturday, gave notice that ho would offer an nmendraent to tho majority re port, was then recognized by the moder ntor. Dr. Moffat explained that he Mas moved tn otter tho nmondinont to recommendation II boceti6c of tho small majority fcl'h on cal change, so as to adapt the orders to the new situation created by American occupation. Mgr. Chappelle, tho papHl legate to Cuba, nnd the archbishop ot Manlln arc also in Homo in connection with the matter. MAY BE ROYAL ANARCHIST Holly llt-llcvcil tu He Hint of .linn Who ThlrMcil for Kulncr'n l.lfc. tCopyrlght, lfml. by Press Publishing Co.) BERLIN. May 27. (New York World Cablegram Special Telegram.) Tho I.oknl Auzelger state on tho authority of Its Dudit Pesth correspondent that thero has Just been taken from the Danube nenr that city a body heavily loaded with chains, which the Hungarian police firmly believe to be that of llomagnoll, the anarchist who was reported to have been dispatched from America for tho purpose of murdering the German emperor. Tho police of every country In Europe nnd America have been notified of tho discovery. RATHER DIE THAN DOCTOR luillii INiitUc l'ori'i- lint eminent Itclnt KfTiirtH In Iti-pri'iN the I'luuuc, LAHORE. May 27. In splto of tho fact that tho plague Is spreading In tho Pun Jab, where It has already Invaded several Fofircay voted to retain the recommend,!- hundred villages, tho repressive measures tlon In the rcvlslou eommttteo's report, have 'so dangerously Irritated natives that Objection had beon made, ho said, to tho the government hus been obliged to order original recommendation in thi commit tee's report because of nmblgulty In cer tain portions und his object In amending wns to rondcr tho voto of the airsembly unanimous on whatever action might be taken, "I hoped to amend recommendation Tl." continued Dr. Moffat, "tn meet all ob jections and to glvo It new working. Many good men who opposed tt. nrlglnnl form were alarmed by tho word 'summary.' I hnvn made a simple chaugo, striking nut tho word 'summary' and subt!ttrul:ig 'statement,' which expresses Just what we havo In view. Again, there h nothing In tho original report as to what shall be done with the summary. I wish to remove nil ambiguity an 1 hBve It Jtatej plainly that tho committed to be nppolutel will bo required to report to thu next assembly and that n recomjitndatlon Ye mado tn tho next assembly to submit the entire sub ject to tho presbytcrlej." Tho amendment was adopted b i viva voce vote, not ono voice being raised In opposition to It. Adopt Hetliliiii Itrport, The question was then on tho adoption nf tho majority report and Dr. Johnson moved that tho three recommendations contnlned in tho report be taken up seri atim nnd the motion was carried. Recommendation A, which calls for the appointment of a revision committee, was adopted with only a few voices jgalnnt It. Recommendation D as amended went through without a sign ot opros.ilon. Recommendation C, on moilou of Dr Haker of Philadelphia, wu amended so that tho amendments to bo p'oparcd by tho committee for several chapter of tho con fession of faith shall be made "either by modification of the text or by declaratory statement, but so fur as possible by declaratory statement." This recommenda tion was also adopted with but li.tlo oppo sition. Tho question then recurred to tho adop tion of the report as a whole. The meder ntor put the question and theu thero was ono great roar of "ayo " l.iUantly the assembly rose enmasse and sang tho Dot ology. Tbo moderator then led in prayer. The end to tho great discussion v.hleh bad continued Into tbo fourth day enmo so quickly that It took everyone by surprho. Dr. Moffat, who Introduced the narmonlzlug amendment to recommendation D, was stir rounded by a crowd which congratulated him on his success In bringing the matter to such a satisfactory issue, a wholesale relaxation of tho plague regu lations. SULTAN CHANGES HIS MIND Owlitu tu l'roti"tM of 1'ori'lKii Km IntkxIi'M lie Iteitclmln Order 1'ro lilliltltiK' Typett litem. CONSTANTINOPLE, May 27. In re sponse to the protest of the foreign em bassies tho order Issued by tho Turkish I government prohibiting tho entry of type writers Into Turkoy has been rescinded. In vcMlxntlllK I'upcr Ciimlilup, TORONTO, May 27. The Canadian Press association has been advised by Hon, Mr. Fielding, minister of finance, that the government will conduct tho Investigation and summon all necessary witnesses in he inquiry Into tho alleged paper makers' combination. Tho association had In tended prosecuting. Mr. Fielding's com munication meets all tho claims ot the press association. Eminent counsel will b employed In the Inquiry, which will open before Judge Taschereau In Montreal. Mnt cmcntN uf Oet'iiu VenxrU liny -7. At New York Arrlved-Zee and. from Antwerp; Marquette, front London, Min nehaha, from London, SIcllU, from Genoa ana .-sapics. t'urilliiitl tilliliunx In Home, ROME, May 27. Cardinal Oibbons, who arrived In this city May 22, expects to remain here for n fortnight and will then return homo by wny of Paris and London. WILLIAM P. HAZEN RESIGNS t'lilef .uent nf I'iiKimI Mntr Secret Service llurcnii Moon to lnlt. WASHINGTON, May 27. Solicitor Gete.al Richards of the Department of Jus.l:o, who had charge of tho Insular cases befoie the supreme court, tonight made the fol lowing statement containing his interpreta tion ot the decisions ot tho court today: 'The Important question Involved In these cases was whether tho cession of ter ritory contained In the treaty of I'arls made Porto Rico and tho Philippines an lntrcgal part nf tho United States within the uieau- Ing of that provision ot the constitution requiring 'all duties, Imposts and cerises to be uniform throughout the United Stntes.' Tho court held that tho cession simply made Porto Rico nnd the Philip pines domestic territory of the UniteJ States, subject to the full control of con gress, which control could be exercise! without reference to those limitations This limitation, the court held, was in tended to apply to the states of tho union anil does not apply to acquired territory unless by treaty and by subsequent act of congress It Is incorporated within and becomes an lntecral purt of tho United States. "Tbo decisions nro substantially a victory for the government. Thoy sustain to the fullest extent tbo so-called Insular polity of the administration. The government uo.v has the sanction of the supremo court fnr governing thiso Islands as their needs re quire. Tho court holds that the constitu tion did not of Its own force at once apply to thoso ceded territories, placing ihelr people, their products nnd their pons on an Immediate equality with ours and confer ring upon them all tho rights privilege! and Immunities enjoyed by tho people, products and portR of the several states. Tor t'ouxri'MN in Determine. "Whllo their fundamental rights arc pre served by theso underlying principles of tho constitution which apply everywhere, the status of their citizens and the nature ot the customs and commercial regulations nro to be determined by congress and tho exercise of tho power vested by the con stitution In congress to make all needful rules and regulations respecting territory belonging to the United States, "Obviously what I have said regarding Porto Rico applies equally well to the Phil ippines, so that the president Is perfectly free, under the Spooner act, to govern tho Philippines as their needs and our Inter ests may requlro. "At tho same time that the court has sustained to the fullest extent the con tention of the government in theso casos it has decided as a matter of statutory construction that the Dlngley act could not bo held to Impose duties on goods brought from Porto Rico, because by ces sion Porto Rico became domestic territory of tho Dnltod States and therefore ceased itb b'e a foreign country. "Tbo decisions of the courts call for no change In the administration of the law. The court did not decide what Is known as the setond Dooley case, which Involved the Invalidity of the collection ot duties under the Forakcr act on goods taken Into Porto Rico from tho United States. While I have no Information on tho subject. It may be that the court thinks there Is Involved In the cases another question as to whether such duties would not amount to duties on articles exported from n state. The court also failed to dispose of what Is popularly known as the 'fourteen dia mond rlnps case,' Involving the entry, free of duty, of rings brought Into the United States by a returning boldlcr from tho Philippines. Thero were no decisions af fecting the Philippines todaj and I pre- . . , . i i , ...in t sumo Doin oi wmse ruaea rt.crii.-u iu m i go over until the fall ierm of the court." S'pitntnr Fnrnkrr KltiHilntr. NEW YORK. May 27. Senator J. II. For nker was neon tonight at tho Wnldorf Astorla and made a statement concerning the d3cislon. "Thero seems to be some contusion n the newspapers regarding tho decisions rendered in the supreme court in tho Insular eases, owing to the fact that a number of cases wero considered and disposed ot nt the same tlmo, each one raising a different question and altogether supposed to cover tho various questions that have been raised with respect to the constitutional power of congress to leg islate for tho new acquisitions. "In order that tho decision may bo fully understood It Is necessary to bear In mind that Porto Rico has passed through three distinct periods that havo relation to these cases. In the first place, prior to tho Spon-Ish-Amerlcan war Porto Rico was a prov Inco of Spain, and as such 'foreign terri tory' In every senso of the word. The Island remained foreign territory, In n legal sense, notwithstanding our conquest nnd military government, until the question of tho ratification of tho treaty of peace, when It ceased to be foreign territory and became a possession or dependency of tho United States, but not a part of tho United Stntes. Being a dependency of this coun try, It was domestic territory as contra distinguished from foreign territory. It is domestic territory still, but It underwent a further change In Ita legal relations to this country when congress enacted tho law of April 12, 1900, providing a civil duty and tariffs. Wliut the Court Decided. "What the court decided was that while wo wore occupying Porto Rico prior to the ratification of tho treaty of peace it was foreign territory and our occupa'lon and government waa military and all tf.at was done was In tho nature ot a military neces sity and valid In their account. From and after the ratification nf tho treaty of peace It was no longer foreign territory, but domestic territory within the meaning of our tariff law, according to which tariff duties can bo collected only on Importa tions from foreign countries and that con- ferritin Uvploliin In Cnnl Mine 11c renve Lnrite AuiiiIht of I'iimiIIIci. CHATTANOOGA, Tenn., May 27. A spe- vatlou exceeded 7.500 fect. Drlct stops wero made for water and to change engines at Rawlins. Laramlo and Cheyenne, Wyo., and Kimball and Sidney. Neb. Tho presi dent mndo no remarks at any of theso places, but ho appeared upon tho rear plat form and shook hands with some of those nearest tho car. Thero wero crowds at every statlou along tho route and every cattle ranch had Its llttlo group of cow boys sitting bolt upright on their horses nnd waving their sombreros ns tho train went by. Mrs. McKlnley Is standing tho trip very well and seems rejoiced that every hour brings her nearer home. The weather has been exceedingly pleasant, and that means much for her comfort. Tho presidential train will reach Wash ington Thursday morning at 7:30. It will nrrlvo in Omaha tomorrow morning early, probably at 7:30, and reach Chicago at 2 o'clock Wednesday morning. The train will be transferred at Chicago to the Pennsyl vania lino and proceed without further stors. SIDNEY, Neb., May 27. The presidential train made the third day's run on the home ward Journey without Incident. The trip neroas Wyoming was at au average eleva tion of over 4,000 feet, and nt Sherman, Just U ....... , V. ... .1nL.,..,w1 Ihn A.lHl . . . rr, . , 1. ,. 1 Ul'lUIU Will UMIII Vl-fiai, IW wrpv.uv. ' mat irom unyica, irnii.. 10 iiuim i . ,.., ,,,. At tho Richland mine of the Dauon Coal , TV.T;.. '. V." "7 ..r and Iron company, two miles tro'n Dayton, at i:S0 o'clock this afternoon, n terrific explosion of coal dust resulted In the death of twenty-one men, all white, and most of them married and a ltb families. Tho dead: TOM WRIGHT. DICK SMITH. WILL MATTHEWS. SAM SMITH. I- UAILEY SMITH. TOM WALKER. GEORGE HOLMES. J. F. GOTHARD. TERRY SMITH. ADE GOTHARD. i SAM DURW1CK. JIM PICKLE. WASH TRASLEY. OSCAR RODGERS. LEWIS O. RODGERS. LOWERY HAWKINS. J. F. WALKER. PERRY POPE. LIOH POOLE. ANDY MEDLEY. WILL ROSE. The Injured: William Dur hene, sr., William Rurchrne Jr.. Hob Walker. Rev. F. M. Cook. Rev William Hale. Dart Hale, Arthur Decker, Ed Crulg, J. T. Uurwick.' Chun oi !) n Ulovin lllnst Tho explosion was caused by what Is known among miners ns a blown blast. It Is tho custom of the miners to place blasts and fire them off at quitting time each aft cruoon, lenvlng the coat thus thrown down to be loaded and hauled from tho mine the next morning. The Rich mine Is destitute of water and great volumes of fine partlcle3 of coal dust, Invisible to the naked eye, nc cumulate nt the roof of tho mine. This dust Is subject to explosion If exposed to flames. This afternoon nt 4-30 o'clock a dynamite cartridge was placed In position In ono of tho rooms for a blast and the miners started for tho mouth of the mine, Tho blast did not explode as intended, but In stead, a long Hums shot out of tho blast hole ami Ignited tho accumulation ot dust Instantly a terrific explosion occurred and a seething mass ot flame shot to the mouth ot the mlno nnd extended 300 feet Into tho air, scorching tho leaves from the nearby trees Thero were thirty. four men In tho mine at tho time. Four ot these escaped with slight Injuries. Twenty-one wero killed and nluo terribly burned, most nt them fatally. The force of thp cxnia'.t cbm.?1 crl masses or coal and Biate to cave in from the roof of the mlno and many of the fated miners were completely burled. HcMMte KorecM Soon nt AVnrlf Word quickly reached Dayton and rescue forces were at onco organized and proceoded to tho mine. Ono by one tho blackened and horribly disfigured bodies were taken from tho debris ami carried to the mouth of tho mine, where they were put on a THE PRESIDENT IN OMAHA. T'rc.ldcnt Wllllnni SIpKlnlry tn sclicdiilcd to rcitclt Omnlin nt 7. till o'clock thin miirnltiK, The npcclnl tritln lirnrliiK dim nttil III purty Mill Htnp nt the t ttlnii Mn tlon nt Hint linnr, mill rnllronil "f llclnli nnlil curly thl tiinrnliiK Hint tin tritln u until undoubtedly proceed lit 711.';. Tlir nlnp nf llftecn tiilnntCM In Oinnliii Tilll iIoiiIMIpk cmililc rnrl)' riser tn net n Kllinpr nf tlic niitlim'n chief niiiKNt rntc, Mhiic ciikIoiii on thli liuiiicMHrd trip In to nppcnr nt the renr plntf'rni nf III enr und. thotiKh not iiiiiUIiik nny upeech, xlinkc humid with tlintc ulio crimil nrmtnil, Om-Iiik tn Mrn. .McKtnlc ' lllncsn there ttIII lie no nttcnipt lit dcinon fttrntlon much n Omnlin miulil lie proud to ulvr. NEBRASKA AIR IS BENEFICIAL President Attribute.. Ill Wlfe'n liu- pi o cinrn t l.urKcly to IiiiIk nrutlnit C'llnintc. SIDNEY. Ncb May 27. (Special Tele gram.) Tho presidential train consisting of eight cam reached hero at 4 o'clock this afternoon, nnd remained twenty minutes, giving tho people ample opportunity to greet President McKlnley. Ho stepped off tho renr of his private car and heartily grasped the hands of the people who passed by him. This was a great treat for the peoplo of Sidney, as it had been reported that the train would pass through hero at fifty miles an hour. Mr. McKlnley Informed your correspond ent Hint Mrs. McKlnley was Etnndtng the trip very well and was feeling much Im proved; the beautiful atmosphere of west ern Nebraska, and the lovely sunshine wero tho best invlgorators they had yet found Tho crowd was orderly and many good wishes wero offered for Mrs. McKluley's speedy recovery. General Manager Dickinson and Superin tendent Robert W. Baxter accompany tho special train. Conductor Link Woodman see has the proud distinction of having charge of the party from Cheyenne to North Platte. SUITS THE ADMINISTRATION I'rcnldcnt nml Cnlilnct tiniccm I'lcnscil tvltli Supreme Court Drcltlon. SIDNEY, Neb., May 27. Tho president and tho cabinet received tho official Infor mation here that the supremo court had decided tho Insular cases In accordance with the contentions of tho government. Tho news enmo In tho shnpc of a telo gram from Solicitor Ocncral Johu K. Richards, It was brlof, however, and con tained no details beyond the bare announce ment that tho administration had been sus tained. Naturally the president and cabinet offi cers were elated over the victory, although they have never doubted that tbo decision would be In favor of tho government. The members of the cabinet aboard tho truln declined to express their opinions for publication In advance of a perusal of tho text of tho opinion. MARRIES HER SURE EN0U6H Prnfcumir Ci'iirgi' D. Ilcrrou of lot .Milken Wife of Currlr Itiiml. NEW YORK, May 27. Announcement OPPOSE AND SUPPORT Bnprem Ceurt Dtciiitni ia Innlar Cans Sitm Largely to Enitais OeTirnment. SOME PORTO RICAN DUTIES SACRIFICED Bitwiin Treaty Ratification and Special Enactment CelUctien Was Illegal. FORAKER ACT CHANGES THE SITUATION Later Eiactiooi Made Ligal bj that Enbie queat Ligislatioi. GIVES THE GOVERNMENT THE BEST END Itullnu HeijulrltiB Itcturu of Collected Diitlcn Allcctn Only Trniinltlunitl l'crlnd, Alremly lionet the Other AltcoU Future lmtclliiltely. WASHINGTON. May 27.-In the United States supremo court today opinions wero handed down In all but two of the case before that court, Involving tho relations of tho United States to Its Insular posses sions, Tho two cases In which no con clusion wns announced wero thoso known ss the "fourteen diamond rings" case, and the second ot the Dooley eases. The unde cided Dooley case deals with a phaso of the Porto Rlcnn question, aud tho diamond lings enso Involves tho right to tho frco Importation of merchandise from tho Philip pines to th United States. Tho original Intention of tho court had been to adjourn after today's sitting for tho term, but discussion of tho cases passed on today took about flvo hours, so tho court adjourned until tomorrow, when It Is presumed tho remaining enses will be passed upon. Of the several cases decided today the two which attracted the greatest share of attention from tho court were what Is known as tho Dellma case nnd that known ns tho Downes case, nnd of theso two the opinion In the Downes case Is considered the most far-reaching, ns It nffects our fu ture relations, whereas tho Dellma caso dealt with a transitional phnso of our In sular relations. Tho Dellma case was tho first to receive , t. , , . . , luu iHuuiiuu oi ino court, and ns it ap- OICKntSOtt" F0fr 'PRESIDENT tJciicrnl MnnnKer or Union I'nclflc Cnn- dliliitc for Actv Vnrk Central Chief OMIcliil. NEW YORK, May 27. Tho Matl and Ex press says today: Three candidates for tho presidency of the Now York Central to succeed Samuel R. Callaway are being seriously contldered by the directors. re was made today ot ho marr ago on Satur- , pcam, ,0 be , Hweeplngly opposed o day evening last of Prof. George Herron , the KOVernram contcntlof - of Iowa nnd Miss Carrie Rami, tho cere- , sons tlrcc,p,tateIjr nrrlve(, at lho conclUion .nun, uawus uecu Rim.u " "'""- that the government had been worsted .ill ments of Dr. Chatles Drodio Patterson of aIonR tho nc- T1,3 , tbisclty Rev. William T UrowTi, pastor of cI(1,(1 chlln(;c when thf) Plymouth church, Rochester. N. ., per- celvcd ln tho ownt,g caS(, The eourt formed tho ceremony, which wns extremely very cvcnIy dvded on bo,h cng simple, there being no vows taken by political lines wc.e not at all controlling, cither .party. ..... Miss Rand, prior to her mnrrlagc, de- """" Ml," 'nie.I. voted considerable time and money to the Tho Dellma caso Involved tho power of cause uf socialism, nnd it is the intention ,ho government to collect a duty on goods of her husband and herself to devoto their imported Into tho United Stntes from Porto lives to socialism. n,eo uftor 1,10 ratification of tho trenty of Dr. qhnrlcs Hrodlo Patterson and Franklin ParlB 0,1(1 before tho paesago of tho Porto Wentworth. both friends of Prof. Herron, ll,caD uct' Tlle coul-t said the govem- Lcnnto5C4Jtlr .,nj.ij j $t. he..nm dp. ub' ceremony wns noi nccorning to mc orni- i ,,.,. .-u mi- nary rites of any church, but merely cov- I ol8n territory. Tho entlro caso turned ored tho requisites of the state law. Tho I "P0" tha' contention. Tho court held that "love, honor, obey nnd support" and tho the Position waa not well taken; that Porto "whom God hath Joined together" clauses Rlco was t t Hio tlmo a foreign tcrrl wero left out. The brldo and groom ugrecd , torJ' a,u. therefore, the duty which had to live together as man and wife so long bcen collected must bo returned, ns It may bo mutually agreeable. Thero Tll decision ln the Downes caso fol was no kissing. At tho hotel where Miss j IowC(1 tno history of tho dealings of tho Rand and Prof. Herron havo been staying United States with Porto Rlco n stf p locomotive and taken to Dayton. Scores of Th nre K V- SY nossleter. vice pres rclatlves and friends gathered at the mouth ,(J f h company; Edgar VanEtten. of the mine and the shrieks of anguish ns , Uper,ntcni,ent of the Central, and tho bodies wero removed wero heartrend ing. The two undertaking establishments nt Daytcn were turned into morgues, where tho mangled bodies were dressed and pre pared for delivery to their families. All B. D.cklnson, general manager of tho Union Pacific. William H. Newman, president of tho Lake Shore road, Is n posslblo candidate, but It is said on good authority that Mr. tno men'empioy ,n this mine were resW ?man prefers to keep his own position dents of Dayton. The Richland mine is the nrnnrrtv nf tin. Dayton Coal and Iron lompany, composed p-entra' of Glasgow capitalist". Tho company operates an Iron furnace at Dayton. December 23, 1S95, a similar explosion oc curred In the Nelson mine, situated a few- hundred feet from where today's explosion occurred, ln which twenty-eight miners were instantly killed. which hart not tho onerous work that at taches to the presidency of tho New York SCALPERS HAVE THEIR RIGHTS I.ntv DetroliiK Their HuhIiichh Ik He old red ly Supreme Court lincoiiHlltiitlnnnl. NEW YORK. May 27. Justice Gilder- KILLS TOO MANY TAII 0R9 sleeve In tho supreme court today denied ,UU I""' ,A,Luna that the antl-scalplng law passed by tho Contrite! Competition Crenten Condi tion tlmt .ctv lurk Lnlniix -May Strike to Itciiiedy. NEW YORK. May 27 The different unions In the tailoring trade In New York Brooklyn and Newark Issued c notice to the manufacturers that they are preparing for a fight for tho nbolltlon of tho middle men in tho clothing trade. If in a reason nble tlmo the manufacturers do not provide shops for tho tailors, they declare, a gon oral strlko involving all tho tailoring trades will bo ordered. legislature this year, Is unconstitutional. The Justice said that while It Is unusual for a special term of tho supremo court . nDO mr.n iha nnn at 1 1 1 1 1 1 nn n 1 1 1 v nf n 1nv It will, nevertheless, not enforce laws which are manifestly Invalid. for some time It was said they had left town. Richard LeGalllcnne, Mr. and Mrs. Ed win Mnrkham aud Bolton Hall were among the witnesses Thero wero no presents, ex cept a thlrty-fiw-acro farm In New Jersey given by the mother of tho brldo, Tho couple will live there. WABASH AND ALTON AT PEACE Allotv tliicntlon of DlfTerentlnl I'liic from Kuiihiim t'lty tu ItulTiiln to (io tn Arbitration. CHICAGO, May 27. Tho Wabash and nhUnnn iV Altnn mnriR ni.rn.il tnrlnv tn Resolutions to this effect were adopted nowbtl)e mlcEton 0f differential fares for uy uuuer mo seals oi iu several unions ,,, , r,, hn,.M,n Knri,g. ritv nnd I v. t .... m.. ..i ,UU ....... . i Will IIUl ri'tll'll OKI U lUlllKUk t UV PUUUlUB Uuffalo to go to artiltratloii. it was niso agreed to restore all rates to normal basis today Involved. Tho tailors claim that It hus become Impossible for the average work PACKET DUBUQUE IS SUNK Due nf tile Fluent VennelN of tlic Uln imiiiil .In Line MrlUe ltock .North uf lliirlliiKton. RURLINGTON, May 27. Tho river packet Dubuquo struck a' rock ln mld-cban-net eighteen miles north ot Durllngton be tween 7 nnd 8 o'clock tonight and sank lu less than n minuto in flvo feet of uwater. It is stated that no person wns drowned or Injured, though there were fifty passengers on board. A largo quantity of flour car ried on deck as freight slid off into tho water when tho vessel listed to ono side. The vessel now rests on a slanting bottom. Tho rock tore an eighteen-foot plank from the vessel a bottom, letting tho water ln with n rush. Tho Dubuque was enrouto from St. Paul to St. Louis. News of tho wreck was received by tel ephone from Oqukawa, eighteen miles bo low the scene of tho nccldent, and at pres ent there Ib no other sourco of news. A tug has left Oqukawa for the wreck. Tho steamer W. J. Young of D;venport, en route down, will probnbly take off the pas sengers and bring them to Durllngton, but man In tho trade to earn enough to llvo Juno 7 pendinf arbitration. uu. luia uuiiuikiun in diu iu uu muntMl by tho competition between the small contractors. Tho men, therefore, demand tho abolition ot lho contract system, In order that the workers may have tho ben eflt of thu middlemen's profit. The rcsolu tlon sets forth that tho present system bo begun July I results In 35 per cent of tho tailors dying of consumption, being obliged to work six teen hours, housed in stuffy shops and breathing foul clr. A general 6triko of all the clothing trade will, It is said, to luvolve about 30.000 workers. tv Itnnil to Orient. EMPORIA. Kan.. May 27. Grading on the Kansas City, Mexico & Orient railroad was begun hero today. Laying of rails on tho section between Emporia and Wichita will I'rcNlilc lit' .McetltiK l'ont poned. NEW YORK. May 27. The conferenco of western railroad presidents which was to have been held during the first week In June hns again bcen postponed until Sep tember I. NEW YORK, May 27Wllllara P. Haien. chief agent of the United States secret servlco bureau with headquarters In thli sequently tho duties collected on unportt city, has tendered his resignation to the government authorities, to take effect June 12 next. WASHINGTON. May 27 -Secretary Gaga today received nnd accepted tho reiignatlnn of W. P. Hazcn, nt the head of tho United States secret service at New York. Mr. Hazcn resigns to enter prlvn'c .business. During the last Cleveland administration Mr. Union was chief of the secret service and during his connection with the ernce has done moat efficient service In connec tion with some ot tho roost notable counter feit cases In tho h story of the depnnm?nt. His resignation was accepted with regret. .leiilniiKy Oilmen .tinnier, ELK INS. W. Va., May 27 -Information was received tier" lodav nf the murdir ot Miss SariiH Parker by Sam Heed, at Oiady Fork, twenty mile from here WIKlrm Dooly, of whnni Ririi wns Wloiu. was slUhtly wounded. Heed ctcuped. from Porto Rlco after the ratification of tho treaty of peace and prior to April 12, IP00, when congress first legislated, wera Illegally collected, Illegally collected not because congress was without power to lm poso such duties, but because In luch oerlod congress hnd not so legislated. "Tho third question decided by the court, nnd the ono of supremo Importance, was that Porto Rlco being a territory of the United Statts Is not n part of tho United States, but only territory bolongtng to the United States, and that It is, therefore, within the constitutional power of con gress to so legislate with regard to it. In cluding the Imposition of tariff duties, ns It may see fit and the congress having so legislated cn the 12th day of April, 1P00, tho provisions of that law ore valid and to (Continued on Fifth Page.) IS FINED TEN THOUSAND Chlcni;o .tlnn 1'lcmln (iullty tn Dpcrut Iiik Illicit Die iimurKitrlni! Fnctory. CHICAGO. May 27. Having pleaded guilty to operating an Illicit oleomargarine factory, Alhrrt T. Dow. proprietor of tho Fertile Valley Creamery company. 2331 Stato streot, was today fined $10,000 and sentenced to six months In the county Jail by Judge Kohlsaat In the general court. Dow Is said to have cheated tho govern ment out of JIO.000 In revenue payment. This Is said to be tho heaviest fine over Im posed In a federnl court. WONDER AI0UT MR. BREWSTER Prleiiila uf Mlltvnukec It n nd' Freight .tlicnt Frnr 1 1 In Dlanpiirnrniice Id tliiiliiiiim. CHICAGO, May 27 Stephen A. Brewster, contracting freight agent of the Chicago, Milwaukee & St. Paul railway, has been missing slnco last Thursday und It Is feared ho has met with foul play, Mr. Brewster was seen last when ho left his office Thurs day night to go home. ALL VOLUNTEERS TO LEAVE l.nxt of Tliem Will lltilt for llnmc llcfore .luly. Mnnlln MANILA, May 27 It Is reasonably cer tain that the remaining volunteers will sail for home before July. Tho Forty-seventh regiment and battalions of tho Forty-ninth nnd Thirty-eighth will sail on the trans port Thomas May 2S. Tho Ohio sails May 29 with the Forty second regiment, and the Ktlpntrlck and Logan Jure 1 with tho Forty-third and Forty-ninth regiments and two battalions of tho Thirty-eighth. The Grant sails from Apparl June I with tho Forty-eighth regi ment nnd two battalions of the Forty ninth. NuniiiHoii .Mny It.-tlre. NEW YORK. May 27. According to a Washington dispatch to tho World It Is reported In naval circles at tho capital that Hear Admiral Sampson may ask for vol unlaiy retirement on account of his health and that tho Navy department will grant liis request Hj will not regularly ho re tired under ttie Htatutory clausn until lato next winter. No ortlclal application lias b-en received nt Washington from him and he may nvke none until after Socretary Long s rcUrn. Is ono of the finest Diamond Jo lino pack ets running between St. Louis and St. Paul. TELLS NASH'S TRUE TROUBLE IIIm I'll) nlcliinn Xny 'Tin n Itiipturcil Illooil Vcknc! In the Spine, Which Mny Ileal. COLUMBUS, O., May 27. Governor Nash's physicians admitted today that he was suffering from tho rupturo ot ti blood vessel ln tho spine. This was ca,usil by tho accident which the governor sustained In the high nltltudes whilo returning from San Francisco, The physicians claim that with absoluto rest tho rupture may hoal Tho injury has affected tho lower limbs and explains the fact that the guverno. had to bo supported in walking. CUBANS TO DECIDE TODAY Convention la tn TitUe I'lnal Vote on Acceptance nf I'lntt Amendment. HAVANA, May 27. By unanimous agree ment tho Cuban constitutional convention haa decided to take a final voto on the ac ceptance ot tho Piatt amendment tomor row. Tho conservatives claim that tho Piatt amendment will bo ncceptcd by the conven tton by a voto of 17 to 11. INJURED NUMBER OVER FIFTY I'crminN Hurt In Street Car Colllnlnu .Venr Allinny .Nu .Mure Death Itcmilt. ALBANY, N. Y May 27 Further In formation from the vicinity of tho collision on the Albany & Hudson railroad, near East Greenbush, shows that tho number of injured !f over fifty. Thero havo been no other deaths, however, up to this hour. farther. That caso dealt with tho legality of the exaction of duties on goods Im ported from Porto Rlco Into New York utter the passago of the Foraker act, pro viding for a duty upon goods shipped from tho United States Into Porto Pico and thoso shipped from Porto Rlco Into thi United States. In this caso tho court held that such exaction was legal and constitu tional. Tho point of tho two opinions considered collectively Is that Porto Rlco was nover, after tho acquisition of that Island, for eign territory; that until congress acted upon the question no duty could bo col lected, but as soon ns congress outlined n method of controlling tho Island's rov cnues, that notion bocamo binding. In other words, congress has power under tho constitution to prescribe tho manner of collecting tho revenues of the country's insular possessions, and bns tho right to lay n duty on goods Imported Into our in sular poejosslona from the United States or exported from them Into tho United States. It holds, ln brief that for taxa tion purposes thoy aro not n part of tho Unltod States, to tho extent that goods shipped between their portB and tho United States aro entitled to tbo samo treat ment, as though they were shipped be tween Now York and New Orleans, DIkkcii tlnu; Opinion. Justice Brown delivered tho court's opinion In both and thero wero vigorous dissenting opinions ln both. In tbo Downca caso four of tho nluo members of tho court unltod ln an opinion, characterizing in strong language tbo opinion of tho ma Jorlty In that case. In this opposing opinion the chief Jus. tlco nnd Justices Harlan, Brewer and Peck- ham united and tho chief Justlco and Jus tice Harlan presented their views In writ ten form. Justice Gray, Shlrau, Whlto anil McKeuna also, whllo agreeing with the conclusion announced by Justice Browu, stated that they hnd reached tho conclu sion by different lines of argument, ani Justices Grny, Whlto and McKennn an. uounced opinions outlining their respective positions. Justlcos Shlras, White and McKennn nlsc dissented In tho Dellma caso, uniting In at opinion. Justice Gray also presented nc independent and dissenting opinion ln that case. The small court room was crowded tc repletion throughout, tho day, prominent officials and many attorneys belug present and the proceeding were followed from start to finish with keen Interest. Nut Fore Ik ii Terrltnrr. The first caso decided wbb that of Ellat S. A. Dellma, ct al.. plaintiffs In orror against George R. Bldwell, collector of tho port of New York, tho caso coming to tho supremo court from the circuit court of tho United States, for tho district of New York. The decision was rendered on behalf of tho majority of the court, by Justlco Brown, the opinion being con curred ln by all tho Justices, except Jus tices McKonna, Shlras and White. Tho decision hung upon tho caso coming from tho state of New York, involving tho levy ing of (13,000 ln duties on goods Imported from Porto Rlco, Into tho United States, tho collection of the duty having been mih talned by tho lower court. In' effect tho decision was that territory acquired by tho United States Is a port of tho United States, and not foreign territory, and that such import duties could not bo levied. The decision of tho lower court wait re versed. Justlco Drown announced In tht begin