Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 28, 1901, Image 1

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    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