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X
r
FIX INSULAR RIGHTS
lapiiBiCanrt'i Decliiini ' Philip
pine Tariff Law. 7. U- t
ISLANDS NO LONGER FOREIGN TERRlTOhi,
Cum to B Aliia Whts Bpailih Yitlli U
UniUd Itotei.
BECtME AMERICAS AT THAT MOVENT
labjiot t. thi Yaikeii' Tariff lights Till
Oongrm Acta.
EARLY LEGISLATION IS LIKELY TO FOLLOW
Benntnrs mill llciirespittiitl pi Will
Speedily lPPk to IlPKulntp (lur
Corn mere In I ItHnllnns vrlth Hie
Ports ii f (he ArchlpclnKo.
WASHINGTON. Dec. 2. -Opinions were
rendered In the United Suites supremo court
today in the last two of the Insular test
cases. One of them was lout know as
"The Fourteen Diamond Rings" ease. In
volving the relationship of the United
States to the Philippine Inlands from a
tariff point of view, him! the other what Is
Vnown ah the "Doolcy caso No. 2," Involv
ing the constitutionality of tho collection of
duty on goods shipped from New York to
I'orto Tllco.
In the former caso the court, through
Chief Justice Fuller, held that the diamond
rlnss brought In fromr the Philippines and
over which tho caso arose should have
been exempt from duty under Iho Paris
treaty of peace, its the treaty mado the
Fhlllpplncs United States territory.
Tho decision In tho Philippine caso fol
lowed that of the last Porto Hlcan case of
the last term. In tho Doolcy case It was
held that tho duty collected on goods car
ried from New York to Porto Uico was per
nit I bio, but that In reality It was a tax
for tho benefit of the Porto Ricans them
pelves rnther than nn export duty, as, was
rlalmcd by tho merchants who antagonized
the government In tho case.
Dissent In Opinion.
In both cases there were dissenting opin
ions concurred In by four of tho nine Jus
tices of the court.
Justices Gray, White. Shlrns nnd Mc
Kenna united In dissenting from tho court's
opinion In tho Philippine case, but they
Med no written statumrnt bo7nd n, mcro
note, In which they merely stnleJ that thoy
"dissented for reasons stated In their opin
ions In tho case of Dcllma against Dldwcll
In the last term of the court.
The decisions wcro rendered In the room
of tho enato committee nn Judiciary,
where the court Is sitting temporarily, and
owing to the limited space there were com
paratively tow "persons, and those lawyers,
present. Tho delivery of the opinions In
-cltlcf.i wltlftric Terfdtnt;-nr",tbe"ll(wcntJng
opinions, consumed a little more than an
liour of time and was listened to with the
closest attention.
I'oritkpi Act UpliPlit.
It Is generally believed that the finding
In tho Philippine case will lead to early
rlfoiiu to sccuro lexlslatlou Tor the regu
lation of our commercial relations with
those Islands.
As tho Porto Hlenu opinion slistnlus the
constitutionality of tho Foraker act no
inch necessity will nrlso with referenco to
I'orto Itlco.
The diamond ring caso is ono of tho two
Importnnt cases left undecided by the court
Inst term, when It decided a number of
rases Involving the customs relation of tho
t'nltcd States with Its Insular possessions.
The cases decided at that tlmo born en
tirely upon the relations of this country
with Torto Rico and this was the only rase
of n. largo number which were then argued
and considered which Involved tho rela
tion of the Unttcd States with the Philip
pines. The other rase Involves the right
to Impose duties on articles exported from
tho United States to Porto Hlco. Much
interest has becu manifested In this Philip
pine case, becauso of tho probability of leg
islation relating to tho Philippines at the
Approaching session of congress.
Hhms Kr Inert liy Custom Otttelnln.
The record shows that Pepkc, who was
tho respondent In the court below, was a
soldier In tho nrmy of the United States tn
thu Island of Luzon; that whllo thcro and
after tho ratification of tho peace treaty lie
purchased tho fourteen dlumoud rings which
ure Involved tn tho case. He uftorward
brought these rings whllo still In tho serv
ice of tho United States aboard tho United
States vessel transporting his regiment to
Snn Francisco, where ho was mustered out,
Later he camo with tho rings to Chicago,
whero thn rings were solzctl by tho customs
efttcera under the claim thut the Philippines
were foreign territory and merchandise
brought from those Islands to tho United
(Mates uas subject to customs duties, which
vcrn not paid by Pcpko. Pcpko Bet up tha
claim that tho Imposition of duties upon
merchandise, under tbo circumstances was
contrary, to tho constitution of tho United
States nnd in violation of his rights as a
citizen.
Tho take came to the supremo court from
tho district court of tho United States for
tho northern division of Illinois. In that
court tho fncts set up In Pcpkc's plea wcro
admitted by demurrer filed by thn United
States, and that court sustained the de
ruurror, overruling tho plen and entering
Judgment agulnst tho merchandise thus
cited and directing that it be sold In nc
cord with the law and from this decision
tho present writ of error was prosecuted
I'nrrlun with Itespcet tu Tn r I n..
After stating the case extensively Chief
Justice Fuller quoted at length from the
opinion of this court In tho ease of Dcllma
agulnst nidwcll. Ills principal quotatlou
from thot rase was the paragraph setting
forth tho theory that a country remains
foreign with respect to the tariff laws until
congress luu acted by embracing it within
tbe customs, ' Tho opinion then continued
as follows:
"No reason Is perceived for any different
ruling as to the Philippines, rty tho third
article of the treaty Spain ceded to tbo
United States tho archipelago known as the
Philippine Islands, and the United Stains
agreed tn pay to Spain the sum of $20,000,
000 within three month.
"The treaty was ratltled, congress ap
propriated the money, the ratification was
proclaimed. Tho treaty-making power, ths
executive power, legislative powor. con
curred In the completion of the traduc
tion. Cnnic t'niler Our Mm,
"The lVilllpplnes thereby ceased, In the
language of tho treaty, 'to be Spanish.'
Ceasing to he Spanish they cease to be
terclgu country. They, cume under the
tomplele nnd absolute sovereignty nnd
dominion of the United States and so be
tamo tcrrltoty of the United States over
which civil government could be estab
lished. "The result was the same, although there
was no stipulation that the native Inhab
itants should be Incorporated Into the body
Politic, and none securing to them the
'hi to choose their nationality, i Their
Ts" 'they became entitled to Its trotootlon.
' Hut It Is said that the case of the Phil
ippines Is to be distinguished from that of
Porto Rico because on Fobruary 14, 1S99,
after the ratification of that treaty tho
senate resolved that by the ratification of
tho treaty of Paris with Spain It Is not In
tended to Incorporate the Inhabitants of the
Philippine Islands Into citizenship of the
United States, etc., nor to permanently an
nex those Islands.
"Wo need not consider the force and ef
fect of a resolution of this sort, It adopted
by congress, not like that of April 20, 1S8,
In respect to Cuba, preliminary to the dec
laration of wnr, but after title has passed
by ratified cession. It Is enough that this
ras a Joint resolution, that It was adopted
by the senate by ft vote of 21? to 22, not
twn-thlrds of a quorum, and that It Is ab
solutely without legal significance upon the
question before int. The meaning of tho
treaty cannot lie controlled by subsequent
explanations of somo of those who may
have voted to ratify It.
Semite' Trrnty Intent.
"What view the court might have taken of
tho Intention of the senato In ratifying tho
ticaty we arc not Informed, nor Is It ma
terial, ami If any Implication from the ac
tion referred to could properly be Indulged,
It would seem to he that two-thirds of a
quorum of the senate did not consent to tho
ratification on the grounds Indicated.
It Is further contended that a distinction
exists, In that while complete possession
of, Porto Uico was taken by thn United
States this was not so ns to the Philippines,
bccailiio of the armed reslstcnco of the nu
tlvo Inhabitants to a greater or less extent.
"Wo must decline to assume that the gov
ernment wishes thus to disparage tho title
of the United States, or to plnco Itself In
tho position of waging a war of conquest.
Insurrection Hop .Nut A (Tret Title.
"The sovereignty of Spain over the Philip
pines and possession under claim of title
had existed for n long series of years prior
to the wur with the United States. Tho fact
that thcro wcro Insurrections ngatnst her
or that uncivilized tribes may have defied
her did not affect the validity of her
title. She granted the Islands to the United
States, nnd tho guaranty In accepting them
took nothing less than tho whole grant. If
tboan In Insurrection against Spain
contluued In Insurrection ngalnst tho United
States, tho legal title and possession of tho
latter remained unaffected.
"Wo do not understand that It Is claimed
that In carrying on the pending hostilities
tho government Is seeking to stibjugatn
the people of a foreign country, but on the
contrary that It is preserving order nnd
suppressing Insurrection In territory of tho
United States.
It follows that the possession of thn
United States is adequate possession un
der Icgul title, nnd this cannot be asserted
for one purposo and denied for another.
,W.c. dismiss tbe suggested. idUtlndloaas
untenable. Hut It Is sought to detract froth
the weight of tho ruling In Dcllma against
Jlldwell because one of tho five Justices
concurring in tho Judgment. In that casu
concurred In tho Judgment In Dowues
ugalnst Illdwell.
.Not Held to lie I'orrlKii.
In Dcllma against Uldwcll Porto Itlco
was held not to be n foreign country after
the cession and that n prior act exclusively
applicable to foreign couutrles becamo in
applicable. 'In Downes against Illdwell the conclu
sion of a majority of the court was that
an act of congress levying duties on goods
Imported from Porto Itlco Into New York,
not. In conformity with the provlsiona of
tho constitution In respect to tho Imposi
tion of duties, Imposts and excises, was
valid. Four of thn members of tho court
dissented from and Qvn concurred, though
not on the same grounds In this conclu
sion. The Justice who delivered tho opin
ion In Dellma's case was ono of tho ma
jority anil wns of opinion that although
by tho cession Porto Itlco ceased to bo n
foreign country and became a territory of
tho United States and domestic, yet that It
was merely 'appurtenant' territory and
not a part of the United States within tho
revenue clauses of the constitution.
.Itirlsillcttmi of Interstate Ooiiiiiirrcp,
"This view placed the territory, though
not foreign, outside of Iho restrictions ap
plicable to interstate coinmerco and treated
the power of congress whon affirmatively
exercised over a territory, situated ns sup
posed, as uncontrolled by tho provUlous of
the constitution In respect to national tnx
atlon. The distinction wus drawn between
a special act In respect to the particular
country nnd a general and prior act only
applicable to countries foreign to ours In
every sense. Tho latter was obliged to
conform to the rule of uniformity, which
wns wholly disregarded In tho former.
"The ruling In the case of Dellma re
mained unaffected ami controls that under
consideration. And this is so notwith
standing four members of thn majority In
the Dellma caso wcro of opinion that Porto
Itlco did not lcconio by the cession sub
jected tu tbo exerclso of governmental
power In the lovy of duties unrestricted
by constitutional limitations. Dcnreo re
versed nnd cause remanded with directions
to quash the Information."
Second Dnoley Cnsp In Declilpil.
Tho United States supreme court today
decided tho second of the Doolcy rasej, In
volving the constitutionality of the law of
April 12 providing for tho collection of duly
on nrtlcles shipped from the United States
Into Porto Klco. Decision was rendered by
Justice Brown, The government Is 9U3
tallied In tho second Doolcy caso.
In the Dooley' caso Justice- Brown's opin
ion held that as I'orto Hlco Is not fore Inn
territory tho goods shipped to Porto Itlco
nro not exportB, but wbethor exports or Im
ports tho wido rnnga of congress In thn
matter of taxation was sufficient for a con
tingency of this character. At best, ho said,
the duty was 'a temporary oxpedlent, and
as It was explicitly provided In the Forakcr
act that tho Porto niran legislatures could
change tbo character of the enactment It
was held that tho Foraker act was merely
legislation In tho Interest of Porto Rico.
The Karsker Aft wm SiikIhIiipiI.
The Foraker act was sustained on tlie
grounds laid down In the Downs case,
another of tho Insular cases decided at thy)
last term. The decision of the lower court
waB affirmed. Justlco Drown explicitly s.ild
that the opinion was not to bo caustrued as
a Justification of export duties, Justlco
Whlto ncqulesced In tho result, but de
livered nn Independent decision, This rase
grows out of tbo Imposition of tariff duties
on goods shipped from New York to Porto
Itlco Mny 1, 1900 to October 23 of tho samo
year under the act of April 12, 1900 pro-
(Continued on Second rase.)
STATE TREASURER REPORTS
Stmftr'i lirai-Aanual Statimtit PrtsiaUd
tt Oaranioi larag.
SCHOOL FUND CERTIFICATE ATTACHED
llunril of Cdtienllonnl I. mills anil
I'll nd Nit) All I nln vented I'rr
ninnent Money Is In Stnto
House Vnult.
(From a Staff Correspondent.)
LINCOLN. Dec. 2. (Special Telegram.)
The eeml-nunual report of Treasurer
Stuefcr for tho six months ending Novem
ber 30, showing the condition of all state
funds, was presented to tho governor this
afternoon and by the tatter olllclat whs
given to the newspapers, together vith n
certlHcato signed by three members of the
Hoard of Kdutatlonal Lauds nnd Funds, In
which It Is stated ttmt nil uninvested per
manent school money Is In the vault at
the state house. As shown by the treas
urer's report, tho total balance of the four
permanent educational funds Is $1$, 171.20.
The total of all money In banks, deposited
ns current funds, Is $.i35,295.2n, making a
grand total of all balances of $55.1,473.42.
Tho certificate of correctness tor the un
invested school money la signed by Gov
ernor Savage, Secretary of Stato Marsh
and Attorney General Prout, all of whom
devoted the afternoon to rountlng the
money nnd checking over tho books In tho
treasurer's otllce.
Mr. Stuefer la his report makes no ref
erence to the Hurt and Cuming county
bond deals.
Tho certificate and treasurer's statement
In full read:
We. tho undersigned members of tho
Hoard of l'Mucnllmml Lands mid Funds,
hereby certify that we have this tiny
counted the cash In tho treasury and tlnd
that tho amount nn hund In the said treas
ury Is J1S.K9.20. We have nteo examined the
securities purchased and the methods of
accounting nnd find tho same to be not
only In compliance with the law, tint highly
satisfactory. UZUA 1. HAVAUK,
Governor.
F. N. PIIOITT.
Attorney (lenrral.
aKOItClU W. MAIt.SU.
Secretnry or Stutc.
Trensurer' Iti'port.
Ills Kxeellency, Honorable Kzra. r. Sav
age, (lovcrnor of the Stute or Nebraska:
Dear Sir In compliance with a provision
of the constitution of thn state of Ne
braska, I herewith present my seml-nnnunl
report showing the receipts or the treasury
from all sources and the disbursements for
nil purposes from June 1, 1901, to November
30. 1901, Inclusive.
These receipts nnd disbursements arc ex
hibited In tho several funds ly the follow
ing: .Snmmnry.
Balances DIs- Balances
Juno I. Ite- burse- Nov.
Funds.
General
1901. celnts. nieiits. SO. 1901.
.$ S0.9S7 t 4B.).Mr $ 4M.3H; $ RMKfi
Perm, school 237.7M r25.119
779.937 2.9b"
Temp, school 371,599 30i.77i
Per. unlvers. 12.1M v.JM
AS. Col. end. 21, 152 SI. 1 12
Tern, unlvers. 00,499 92.191
IIosp. Insane 270 2SS
State library r..r.l 3.820
Unlver. cash 14,957 16,S9ti
Nnr. library. 2,Sirt M
Nor. endow.. 33.032 720
Nor. Interest 110 1.2S9
yen. kii. labor cits S..v.
Tett.' InlKT.-.-V.-.-- I.H2S- .
Ag.& M. Arts S.fWO 25.01)
U. S. Ex. Stn. ' 2.IOI 7,5"0
3M.I97 329,871
US
39,231
JA312
"lw'i
12.4 tt
M7
23.W0
62.3SI
B29
S.745
19,410
2.779
9.41
2.131 fi.77
13.711 1 l.fiW)
0,WS 2.9M
Totnls ...JW..223 JI.4S3.43t $1.79G.lSt $533,471
llv cash In depository banks i535,295.2S
By each In treasury vault 18,179.20
Total $553,474.43
The following umounts. Included In the
above statement, wcro paid Into the treas
ury from other sources than that of taxa
tion:
Interest on bonds nnd warrants. ..S 32.9S3.27
omen fees, from state officers 3S.ir.-3.39
Oil Inspection fees 2.SI5.2S
tnlprpxt nn ilenuHlls 5.IKI.3
Miscellaneous 5.9S1.71
IT. M. ciwprnmpiit. fur II. S. Ex
periment station 7,5tM.ll)
tT. S. irnvernnieiit. for Nebraska
Soldiers' and Sallorn' Homes 115.16l.St;
U H. government, for agriculture
and niechunlc arts 25,0o0.ti
Warden of St.ito penitentiary K.O.XII
Clnmo nnd fish license fees 2,296.00
Total $.1)5,000.82
Sell on I I'll nil InvpHtiiipiit
By order of the Hoard of Educational
Lands nnd Fundi. I liave invested euucu
trust funds to the amoant of $l.9.
ofl In county bonds of this state and now
have In my possession bonds whose face
value Is exactly $159,000. Tn thcfe bonds
lire attached Interest roupon to tho
iitiiiiiint nf 11:21.710. which must be nald
nnd go Into the temporary senooi luiiu
for distribution to the reliunl districts of
the stnto. by th tlmo the bonds become
optional, the optional period varying from
one to a little les than ten years. To
Mils sum will ho uili oil 11 very farce
amount uf Interest which will accrue on
tho bonds between the date of option nnd
the into or maturity, investments in
stutn warrants have ben made to tlie
amount of $7&0.2"0.72, making a totul In
vestment In bonus anil warrants or ji.--.ji,-230.72
for the eloven mouths of thn present
year. Tho total ninoum of educational
rutins investeu in uonus nun warranis 111
tin. date nf tills tenort Is $l.9i'7.45C.SS. which
Is $192,955.44 larger than nt til" begliiulmr
of tnls iKlmimstnitiou.
There li now on linncl in llie leninorar.v
school fund $313,041,ra. to be apportioned
to the Heboid districts of the stato Inline
dlaUiy after the close of business on Ue-
ccnrnel ., ijui, mis amount, nowever, may
bo slightly Increased by that date.
Mute leinHiiiip.
Current fund bank account November
30, 1901:
Union National. Omaha $ 37.S22.Si?
ITn ted States National. Omn 111,.,. R3.49ii.bl
Cltv Notional. Lincoln 29.69fi.ln
Packers' National, Houtn umana.. 2i,7M.?.i
First National. Lincoln 23.911.0.
Saunders County Nali, Wiiboo..,. 10,107.18
Ailnms County. Hastings 14.912.37
German National, muhuiiks ltsl.l
Bank of Commerce, iuuisvillo.... :i,non.ni)
Battlo Creek Valley lo.twi.tm
First National. Alliance 4.140.71
First National. York 5,143.02
Broken Bow- State fi.ouo.oo
Citizen's. S ct'ook. ... . S.139.07
Union Stnto, Harvard 7,0os.33
Cltv National. vorK ;i.MB.r,-i
State, Curtis l.2f.9.C3
Farmers' and Jlerclianis , Ntroms-
burg 5,112.75
Hunk nf Cant County. IMuttS-
mouth 10.000.O)
Omaha National, umana,., ,7U,:k
Merchants' National, Omuha &S.3PS.I')
Columbia National. Lincoln 29.4mi.S2
Bank nf -Uazlln Mills I.MO.OO
First of St. Paul 4.&00.O)
First National, lloldrego 4,792.m;
First National. Waytiu 15.150.3.S
Pierce County, Pierce 7,fm.o.)
Hank or Orleans, urieans li.uw.ni)
Grand Island Banking Co fo.Cw.ni
First National, Ioomls 5,000.00
Total
Cash In treasury vnult
$535,295.22
18,173.20
Total balance $553,471.42
D.irlng llie eleven months Just cloned 'I
have received $7.fil6.Sl Interest on stato
funds deposited In banks, every dollar of
which lias been properly accounted for nc
cordltm to law.
In conclusion, I desire to slutn that
there Ik nothing covered up or hidden In
this ottlcn and that I nm perfectly willing
tn submit "very transaction to tho most
thorough examination and the most
searching scrutiny by the proper authority.
Respectfully submitted,
WILLIAM STUEFKlt.
Ktnte Treasurer.
GEORGE W. MARSH,
Secretary of State,
by Frnnk .McCartney, deputy.
I'ni.tnln Tllley Acquitted.
AUCKLAND. New Zealand, Dee. 2. Th
United States naval court nt Tutulla,
Samoa, has honorably acquitted Captain
Benjamin F, Tllley, the naval governor of
Tutulla ot all the charges against him.
ALBAN IS MAGNANIMOUS
Victorious l.rnernli Amid Pence nt
Colon, Trriit"i with nn
liilsheil I'm'.
COLON, Dec. 2. Tho City qt Panama con
tinues quiet. Following Oeneral Alban's
orders, the Colombian gunboat lloyaco,
rowing, a launch hearing soldiers, has left
Panama.
The destination of this expedition Is re
ported to bo Agua Dulce. From this point
the government soldiers will attempt to
clear the remaining bands of liberals from
the Department of Panama. General Hell- j
zarlo Parras, tbe liberal lender, is sup
posed to be In the vicinity of Agua Dutce.
American marines are still ashoro at
Panama.
Juan Antonio Jlmlnez, formerly a member
of the staff of thn Insurgent general, Do
mingo Diaz, lias come voluntarily to Pan
ntnn, where ho delivered himself to Gen
eral Albaii. General Diaz did not Instruct
Jlmlnez to come In and surrender. Tho
former Insurgent says he Is sick Bnd dis
gusted with the campaign. After ho had
surrendered General Alban put Jlmlnez In
carriage and accompanied nltu to his
house. Upon arriving General Alban said
to the wife of Juan Jlmlnez: "Look, I
have brought you your husband."
Tho British sloop of wnr Icarus has re
turned to Panama from South American
ports.
Tho Chilian minister, Senot Yrarraraza-
vcl, arrived here today. Ilr wus tendered
an enthusiastic reception.
NEW YORK, Dec. 2. The Herald's Colon,
Colombia, correspondent, cables ns foltows:
Your correspondent has obtained an Inter
view with General Carlos Alban, governor
of the Department of Panama and com
mander nt tho military and navnl forces
of tho Isthmus, regarding .the situation.
When General Alban was asked If he could
now maintain free transit on tho Isthmus,
ho replied:
"Colombia docs not reqtilro. foreign aid to
maintain free transit across thn Isthmus.
Within nine days we have recaptured Colon
and have killed or taken prisoners the
troops which occupied that port."
"Are you satisfied with the terms of tho
treaty executed In Colon?" was asked.
"Yes: the terms aro tho samo ai those
arranged In July of last year, when the
revolutionists surrendered at Pauaina. I
must snv. however, that many of those
samo rebels have again taken up nrms
Bgalnut tho Columbian govcl-nment."
"Do you consider tho Isthmian revolu
tion entirely at nn end?" jit
"Not yet," replied Oeneral Alban, em
phatically. "There arc BtllvTeoveral bands
of Insurgents In the lntorloebf tho Depart
ment of Panama. Theso bands will soon be
crushed." 'M
News has reached Colon that a committee
of the Insurgents several days ago de
manded that Hocas Del Teyo should sur
render. It Is now believed Abat Boeos Del
Toro Is In tbe hands of revolutionists.
NEW 'GERMAN TARIFF
BILL
Count Vim Hiicluw I'riinouiiem It tno
of the Must liniiurjiint on
Hpi'ii ril.
. &
...BERLIN.. Dee. 2. 'ThifJS:) Is the most
Important which has been tieforo tho house
for a long time, but It does not imply any
deviation from the policy In regard to
treaties of commerce," said the Imperial
chancellor. Count von Buelow, nt the open
ing of the debate on the tariff bill In the
Reichstag today. "On the contrary, thu
federal governments aro firmly resolved
to pursue n policy with commercial treutlcn
In the future In the Interests 01 uerman
Industry, while, of course, upholding tho
Just lights of Germany."
Tho bill took Into account alt the Inter
ests nnd wishes which wcro especially de
serving of consideration and more particu
larly agriculture. But it was also Intended
to remedy defects which the existing tariff
displayed with respect to commerce and
luiluiilry.
The federal governments were fully pre
pared for heated conflicts, but tho Imperial
chancellor was convinced tnat tlio nnw
tariff offered a basis affording good protec
tion to agriculture, Industry and trade. Ho
hoped that In the ensuing discussions a
sense of confidence In the government
would provall. The chancellor's remarks
were greeted with cheers.
"The emperor," said the chancellor, "has
approved the bill, which Is the result of
several years' comprehensive, carcrui la
bor."
Allusion was mado to the United States
In the course of today's debates upon tho
subject and thn name "America" Is likely
to yet bo more freoly used by both sides
in this controversy.
The Inrlff expenses of tho United States
and tho pressure of American competition
constitute rich mines for nrgumont on
either side of the question. Brotwushcr
(bread usury) or the raising of tho prion
of bread Is to be the battle word of the
manufacturing capitalists nnd tho socialists
alike, who, by a curious turn of politics,
now unite In passionate opposition to n
bill that primarily Increases tho cost of
food stuffs.
BULGARIA EVADES BLAME
Anmver to 1,'iilteil Mates Is Con.
slilprpil Imprudent In
Vleiiun.
(Copyright, 1901, by Press Publishing Co.)
VIENNA, Dec. 2. (New York World Ca
hlegram Special Telegram.) Tho Bui
garlan government's reply to the note of
United States Diplomatic, Agent Dickinson
was mado public hero today by tho Austro
Hungarian foreign ministry. It was writ
ten by Mr. Dancff, Bulgarian minister of
foreign affair, and concludes with tho fol
lowing words: "1 nm surprised that you
have rnrao to the conclusion that the
United States will hold Bulgaria responsible
for Miss Stone's death. I must regard It
ns certain that the using of violence by tho
brigands can only bo nttrlbutnblo to your
protracted negotiations, It was for yoli
to carry tho negotiations to a successful
end. The Bulgarian government declines
all responsibility."
In Vienna this answer Is considered Im
pudent, and tho hope Is expressed that the
United States will hold Bulgaria reipon-
alblc for Miss Stone's safety. Mr. Dlckln
son's note was banded to Mr. Daneff three
weeks ago. The Bulgarian cabinet met Im
mediately (November 12) to consider the
note.
SALE OF DANISH WEST INDIES
Full Aurrppinpnt Itciirheil nt Cnpen-
luiuen nml Treaty Will Bench
WnstilitRtnn This AVerli,
COPENHAGEN, Dec. 2. A full agree
mcnt has bceu reached between Denmark
and the United States for the sale of the
Danish West Indies. The treaty will prob
ably bo signed this week ut Washington
The prko fixed l.i between $4,000,000 und
$3,000,0000.
ALL AGREE ON IRRIGATION
Wiittra RtiaUn aad fitpranntatlTM Can
Tan tba lltiatian,
OUTGRiWTH OF THE CHEYENNE MEETING
l'lnns for I.PKlslnllon Vroiiiisrit mill
Much Comfort TnUeit from
( l'rpslilrnt's Distinct
Aiiprovnl.
(From Staff Correspondent.)
WASHINGTON, Dec. 2. (Special Tele
gram.) The reclamation nnd Irrigation ot
the arid lands of tho west was tho sub
ject dUcttsscd at a conference called by
Representative tlurkett of Nebraska to
night In the room of tho t-cnatc committee
on claims. In which twenty benatorn and
members of the house participated An or- ,
ganlzatlon wns effected. Senator Warren of
Wyoming was made chairman and Repre
sentative Shallenbcrger of Nebraska secre
tary. Others present were: Senators Mil
lard and Dietrich of Nebraska, Reedcr of
Krfnsas, Bell and Shafroth ot Colorado,
Newlands of Nevada, Tongue of Oregon.
Burke and Martin of South Dakota, Suther
land of Utah nnd Mondell of Wyoming.
Representative Burkett rend .the pro
ceedings of the meeting held In Cheyenne
last Juue, of which tonight's meeting was
the outgrowth. Senator Warren expressed
his gratification' nt the unanimity of senti
ment of all present to consummate an end
which would bo beneficial to the people of
tho west and said he was plessrd to an
nmincn that many eastern members of cou
gress had expressed their desire to cMcnd
aid In passing Irrigation legislation for tho
west.
Senator Dubois and Representatives
Newlands, Mondell nnd Shafroth gave their
views on the subject, which tended to show
that on tho question of irrigation nil were
a unit and willing to make concessions to
bring about the passage of nn act looking
to the reclamation of the western lands.
Only One Obstruction.
The only obstruction was n difference
In tho state laws controlling tho reser
voirs, canals and artesian wells should
such legislation be ennctcd. Tho govern
ment. It Is said, could be repaid In a man
ner hereinafter provided, but tho states
should have the governing of Irrigation
plants.
While nothing definite was decided upon
tonight. It was agreed that all would act
ns a unit to bring about Irrigation on n
large scale and a draft ot a bill will bo
submitted nt a future tlmo for considera
tion and subject to amendments by the
members Interested.
Ono Important fact brought out by every
licaker was that President noosevclt had
Informed each that he was heartily In favor
of this movement and would encourage tho
enactment of such a measure.
A number of Ncbraskaus In the senate
witnessed the swearing In of tho two repub
lican senators from Nebraska for tho first
tlmo In eight years. Dr. und Mrs. J. A.
Andrews of Eustls, under the charge of Au
ditor W. E. Andrews, looked down from tho
reserved gallery upeu the Inspiring scene.
Dr. Andrews and his brldo are on their
wedding tour, which they expect will ex
tend over a large portion of tho cast. Mr.
Andrews Is a brother of tho auditor nf thn
trenail 1 y and Is n member of tho stato leg
islature. Ills bride was formerly Miss Lula
Trolt of Hastings, who was confidential sec
retary of Chairman Lindsay.
D. E. Thompson of Lincoln was also a
scnato spectator and saw Senator Dietrich
take tho oath of office. Mr. Thompson loft
tonight for New Orleans, enrnutn to his
mining properties In Mexico. Before leav
ing ho took dinner with Senator Dietrich
and Charles E. Magoou.
When asked who would be appointed
stato oil Inspector In plnco of Ed It. Slzer
Mr. Thompson said tho place would go to
the Travollng Men's association, but as that
body had not ngrced upon u man, so far as
ho know, ho could not hazard a guess.
Thompson unit Amhnssiiiliirshlp,
An evening paper says that Senators
Dietrich and Millard presented D. E.
Thompson to the president today as a can
didate for minister to Mexico, and adds:
"The presentation of D, E. Thompson Is
significant of future, conferences with the
president. Mr. Thompson wants to be am
bassador to Mexico to succeed General
Powell Clayton, and Scnntor Dietrich Is
going to make nn effort to land him. It Is
pretty well understood that Senator Diet
rich severul times tried to get President
McKInley to give this position to Mr.
Thompson, but Mr. McKinlcy declined for
two reasons, ono that General Clayton's
record was satisfactory and the other that
General Clayton was his friend. General
Clayton and the dead prostdent worn warm
personal friends. Sonutor Dietrich, backed
by hlrt colleaguo, Senator Millard, Is going
tn renew his cfTorta for an ambassadorship
for Mr. Thompson."
When shown this paragraph Mr. Thomp
son seemed greatly put out. He said there
was no truth In llie report that he
wanted an ambassadorship, nor bad he au
thoiized anybody to present his name. "I
rccogulzo that thn least said about thn mat
ter the better." said he.
N. W. Wells of Schuyler, Neb., was 1
looker-on In the houso during Its Inaugura
tlon exercises.
Mlns Houso of Cedar Rapids, la., nleco of
Senator Millard, who b attending school
In Baltimore, was the gue3t of Miss Millard
during the morning session of the senate
Lincoln I'nst muster I'erslstPiit,
H, M. Ilushnell, present postmaster ot
Lincoln, Is contemplating making a fight
oil Ed Slzer's solectlon to his placn on the
termination of his present term of office,
Ho has, howover, been quietly notified that
he cannot chango tho decision of Senators
Dietrich nnd Millard and Representative
Burkett.
Sunator Klttredge tonight entertained the
members of tbo South Dakota delegation ut
dinner at Harvey's. In addition to Senator
Gamble nnd Representatives Burke and
Martin, there were present Auditor Per3un
nf the Interior department, United States
Marshal E. G. Kennedy of Eureka ami
Colonel It, W. Stewart of Pierre, who c.amo
on to witness Mr. Klttrcdgo's Induction as
senator. Representative D. II, Mercer ot
Omaha arrived from San Francisco Sunday
night and was lu the house romtnlttcn room
for the llrst time In months today.
W. It, Wheeler of Omaha, clerk to thn
house committee on public buildings and
grouuds, arrived from the west yesterday,
Dppnrtiuent Notes,
These rural fren delivery routes have
been ordered February 1: Nebrnska Wll
brr, Saline county; routo embraces forty
four squaro miles, containing a populutlon
of 7.V, John Barton currier. South Dakota
Brookings, Brookings county; additional
ervlco: route covors 'thirty-six squaro
miles, containing population nf 164; Ole S.
Snovo carrier.
Nebraska postmasters appointed today:
A. E. Cooksey, Uurrevs, Fillmore county,
CONDITION 0FTHE WEATHER
Foren t for Nebraska Ilnln or Snow and
I'oldor Tucsdu. Wednesday Probably
Falrj Northeasterly Winds.
Tmiiprntiirp nt
Hour. IIpk.
.". n. in
I n. 111 121
7 it. Ill ..... . Ill
S n. 11 Ill
11 11. 11 11)
10 n, 111 I
11 11. ill M I
Vi 11
Oninhn Vpstrrdn
llonr. Dp
1 p. m :
U p. 111 ...
it p. in
I p. 111 ..... i
.-. p. tn ..... i
It i. 111 ..... '
in 1
in ,
s p.
11 n.
tu ,
vice T. J. Harvey, resigned: William Scarr,
Newark, Kearney county, vice W. II. Mer
rick, resigned.
B.- M. Wnde of Arkansas City. Kan., was
today appointed gardener and Arthur E.
MeFchldge, teacher, was promoted to he
sehoul Inspector ot tho Rosebud Indian
school, South Dakota.
A second dividend of 25 per cent has been
declared in favor of the creditors of tbo
Lcnmm National bank nf Lemars, In., mak
ing 50 per edit on claims amounting to
$llt!,30fi.
The following have been admitted to
practice before the Interior department:
Robert M. Proudflt of Friend, Neb.; Paul
Grnblll of Dcs Moines. Ell W. Drako ot
Charlton, Horace M. Hnrner of Marengo.
Ia.; David II. Latham ot Faulkner, S. D.
Bids were opened at the Treasury de
partment today for a steam beating appara
tus for the public building nt Clinton. Ia.
E. N. Woodbury of Clinton wan tho lowest
bidder at $1,952. .
The postoflkc nt Tenvllle, Montgomery
county, In., has been ordered discontinued:
mall to be delivered ut Sclola.
IN MRS, BONINE'S DEFENSE
Witnesses Sy Titer Snw otbhiK l'n-
nsnnl In Her Itelntlons vrlth
A? rps.
WASHINGTON, Dec. 2. The defense In
tho caso of Mrs. Lola Ida Bonlne, charged
with tho murder of James Seymour Ayres,
today began the Introduction of testimony
and placed witnesses on tho stnnd beforo
court adjourned for the day. Tho line
of examination showed that tho purpose
was to cstnbllsh that Mrs Bonlne evinred
no particular partiality townrd Ayres and
that her conduct and bearing townrd him
llffercd In no respect from that dlsplayod
toward other guests of tho hotel.
Tho first witness railed was William C.
Hay, who, with his family, lived at tho
Kenmoro nt tho time of tho tragedy. Ho
testified that the dances nt tho Kenmoro
were usually arranged by Mrs. Bonlne nnd
that nt theso dances her bearing toward
Ayres was nothing out of tho ordinary.
It had been her habit, ho said, when the
dancers wcro not prompt In their attend
ance to go to their rooms and urge thorn
to como down. He stated, on cross-oxniul-natlon,
that he understood It nnd been Mrs.
Bonlnc'a ,lntcntlon to leavo tho hotel, but
nftcr tho tragedy he had advised her that
It would bo Improper to do so until tho
affair was elcared up.
Richard L. Jcnks testified that ho heard
Mrs. Bonlne giving Ayres advice ugalnst
drinking to excess,
Georpo B. Gardner, assistant attorney In
the Interior department, to whom Mrs.
Bonlne first told her story and who was ono
of the government witnesses, testified that
on thn night of the tragedy ho bad seen
Mrs. Itonlno nnd Ayres dancing together
and had observed nothing unusual In their
conduct.
David C. Mooney, n clerk In tho auditor's
office, said he had observed Mrs. Boulno
dancn with Ayres, but saw nothing In her
nttltudo toward him differing from that
toward others. Similar testimony was
given by others. Onn of tho Jurors wns
tuken suddenly 111 during the day, but with
tho aid of a physlrlun managed to continue
throughout the day. Thn trlnl will bo re
sumed tomorrow.
FAVORS THE DIAZ DOCTRINE
Drlpuntp from I'nrnBriinr to MpxIpo
Cinitcii,tls the VI tin roe Unelrliie
Is I nmlpiiintp.
MEXICO CITY. Dec. 2. The session of
tho Pan-American conference took an unex
pected turn today. Tho order of tho day
called for a discussion of the project of a
Pan-Aemerlcan bank and thn exchange of
official publications, but at tbe opening of
the session Mr. Bacz of Paraguay took the
floor and made a speech adv'ocatlng a com
prehensive scheme of arbitration. Dcle
gato Bacz said that tho Monroo doctrine
only protected tho American nations from
European aggression. What was needed
was a new doctrine to protect them from
aggressions on tiio part of each other. This
desideratum had been supplied by tho Dliw
doctrine) recently enunciated by Srnor Ro
vern. Thn basis of the Diaz doctrine Is peace,
but pence can be necured only by Justlco,
a.nd Justlco can be secured through arbitra
tion, therefore, said Mr. Bacz, It was neo
rssary to proclaim universal arbitration ns
tho natural law of tho American republics.
WOULD EXPEL ANARCHISTS
Srmtlor lliirrnvra AVIII Intrnilnre mil
for Hip Inclusion nf 0.iies
tlnnnhlp Alipns,
WASHINGTON, Dec. 2. Senator Burrows
of Michigan will Introduce a bill tomorrow
providing for the exclusion and expulsion
of alien anarchists. By Its provisions the
board of inquiry Is authorized tn diligently
search for anarchists among thn foreigners
coming to this country and ascertain by
pertinent questions as to his antecedents,
his opinions a3 to government, or wbethor
ho belongs to any society nr association
with anarchistic tendencies, and It may ex
nmlno tho person of such nllen for marks
Indicating such membership.
When an anarchist escapes thl Inquisi
tion ho may be seized hy tho commissioner
general nt inquiry and It after a thorough
and satisfactory Inquiry la found to bo a
menace to this government as an anarch
lt may be deported to the country from
which he came.
Temporary Governor,
WASHINGTON. Dec. 2.SccroUry of the
Interior Hitchcock has telegraphed Wil
liam Grimes, secretary of Oklahoma, to act
ns governor until tho newly appointed gov
ernor, Mr. Forguson, takes charge. The
latter will tako the oath of office here to
morrow. MovpniPiiffi of Oernn VpsscIs Dee. 'J,
At LeltB Arrlved-Iniogen, from Sun
Francisco, Montevideo, etc., via llnrwlch,
At Glasgovv Arrived Sunnotlun, from
Montreal,
At London Arrived Montevidrnn, from
Montreal.
At Olbrnltnr Arrived Fiip-I Bismarck,
from New York for Naples, etc.
At Liverpool Arrived-1 vernlu, from Hos
ton, At Bremen Salled-Cassel, lor N'evv Yolk.
At New York Arrl veil Culabriu, from
Naples; l'rlcaluud, from Antwerp,
CONGRESS AT WORK
Both Ioiim Btgia a Itttiea that Ut Lait
Till tha tfiddli rjBBi.
NEBRASKA'! NEW SENATORS TAKE OATH
Th.lr OradntiaU Call Forth CritUlim tf
Watchftl Mr. Hoar.
HE POINTS OUT DISCREPANCY IN DATE
Thin Thij Ax Faued nt ta tka Official
Filii fir Itctrd.
FLOWERS DELUGE THE VARIOUl DESKS
Senator Dietrich Mts Vnr Buck on
rtPiinhllcnii Sltlc, While Nenntnr
.Mlllanl Is In "Cherokee. Strip"
vrlth the Dciunornts,
(Fiorn n Staff Correspondent.)
WASHINGTON, Dee. 2.-lSpecll Tele
gram,) Congress Is once more on ths
hands uf the president and from present up
pearances It Is likely to nlay on his bands
until thn middle of June. Nevrr was thura
a more auspicious beginning of a new con
gress. Thn day was Ideal and thn IibIIh ot
congress were crowded curly by the usual
llist-day crowd. The senate chamber was
H blazo of color, Imrucni-n quantities of
flowers on desks kiiggestlng an autumn
flower show lustcad ot u dignified nsscm
bly chamher In which the upper branch ol
the nntlon's leglsloturu meets to place lawt
upon tho statute books ot the republic.
Shortly after tho Invocation by tho blind
chaplain Senator Allison of Iowa presented
the credentials of Senators Charles H.
Dietrich and J. II. Millard nt Nebraska,
whllo Senator Gamble of South Dakota did
a llko service- for A. B. Klttredge of his
state, who has been appntntnd by Governor
Herrled tn fill thn vacancy caused by tha
death of Senator James H. Kyle. Tbo crc
dentists of Senators Dietrich and Millard
were read and were about to be ordered
to the files of the senate when Senatnr
Hoar of Massachusetts railed the atten
tion of the scnato to a woeful defect, tn thn
certificates. Had there, been a contest on,
these two senators' credentials would un
doubtedly have been referred to tho com
mltteo on privileges nnd olectlons. Both
certificated stated that tho Individual sen
ators dated their senatorial term from
March 2S, whon every school boy who knows
his constitution knows that tho senatorial
bills begin from March 4, unless appointed
by tho, governor to fill a vacancy caused by
death.
Senator Hoar stated that his was not t
captious position, but he wnnted thn senatn
to appreciate the Importance of having tho
credentials correct as they went Into film
for future generations to ponder over. Sen
n'tor Fry.c, president pro tern, ordered tlvi
credentials to the files and then Senatoi
Klttrrdge's credentials were read and re
ferred. llscort I lip Nriv ISciintnrs.
Tho only Incident connected with swearing
In the now senators occurred when Senator
Spooner, realizing that Mr. Dietrich wai
being left out rushed lo tho seat of ths
6enlor senator from Nebraska und, taking
him by thn arm, hurried down tho uldo
aisle. Senator Dietrich elevating hla hand as
ho strodo to tho president's desk. Umally
this feature of the senate's opening Is most
decorous, but old-timers were compelled
to bmllo as they saw the llttlo giant ot
Wisconsin escorting thn stalwart scaator
of thn South Platte to the swearing In.
Senator Millard was presented at the desk
by Senator Hanna, whllo Senator Gamble
did the honors for Senator Klttredge. Thn
desks of the senators from Nehraskn -wcrfl
gay with flowers, whllo Senntnr Klttrcdgn
had ono of the biggest floral pieces In thn
chamber, an ottering from members of thn
South Dakota delegation and friends who
came to see the "silent man," as ho la
called In the Black Hills, tako tho oath of
oftlce.
Senator Dlrtrleh's seal Is far back on
tho republican side of tho chambor, whito
that nf Senator Millard It. in tho "Chero
keo strip" on tho democratic sldi, thorn
not being enough seats on the republican
side of tho chamber to accommodate all
the represent atlvos of that porMiaslon.
Senator Dietrich takes tho beat which Sen
ator Hanna first occupied when ha enmo tn
congress, whllo Millard occupies tbe scat
formerly held by former Senator Ttirplo of
Indiana.
Drnvrliit; for fconls In House.
In drawing for seats on tho hoimo side E.
J. Biirkntt's name wok the first ot tho Ne
brasknns called. He chofo a seat ono
aisle nearer the Bpeaker's desk than ho
orctipled In the Fifty-sixth congress, whllo
Screlio E. Payne ot New York and John
Dalzell of Pennsylvania nhnso scats to hi
right and left. William Novllle of the Sixth
district wns the first of tho populists called
and ho selerted hli old scat right under
the speaker's nnsr. Stark, Shallenbergnr
nnd RohlnsoD got seats on the Inst row on
tho democratic side, well In the center
"Our Dave" wos the lnt Nehraskan called
and he had to content himself with a dek
far tn tho left of the speaker.
, Congressmen Burko and MRrtin of th'i
South Dakota delegation wcro fortunate In
having tholr nutnes called early In the seat
nllotment and brnetlted correspondingly.
Mondell of Wyoming Improved his location
over that in tho last congress and is rur
rnunded by a number of dlitingulshed leg
islators from the west.
None of thn Iowa delegation fared badly
In the allotment, although It wns long In
tho game befnro Ijicoy, Hepburn nnd Hull
were called. If there were any flowers for
these gentlemen they did not appear nn
the floor, as Speaker Henderson peremp
torily ordered that no floral offerings should
bo carried In until after tho drawing for
seats bad brcn concluded and when It
wns the houso adjourned, Icavlns tho fliwer.v
wilted In the lobby.
lirst Irrigation fllll.
The first Irrigation bill of Ibc hesslon
was Introduced today by Mr. Newlands of ,
Nevada. It was the general bill for tho
reclamation of arid lands, Introduced by
him at the last scsslou, which was favor
ably roported in Its essential provision by
both houso and senuto committees. It pro
vides that all money received from tbo
salo of public lands In the' arid land states
shall bo sot asldo as '"an arid land recla
mation," It authorizes the secretary of tho
interior to let contracts for tho construe
tlon of reservoirs and Irrigation works,
payments to bo mado from this fund, u
(onttact to be let until tho money Is In
the fund, Thu tost of each project Is to hi
fabtoucd upon tho land reclaimed 11 ud Is to
bo repuld to tho government by settlers in
twenty annual Installments. Reclaimed
