Indianapolis Journal, Volume 51, Number 337, Indianapolis, Marion County, 3 December 1901 — Page 2

TTIE IXDTAXAPOIilS

JOUKXAL, TUESDAY, DECEMBER 3. 1901

tln t which he- n f. rred as beinjr Ir.effect',i' a:. l r.i't b!nli:i was th rlut Ion ;;..o;U 1 hy tl;j Senate s"n after th; ratiiii.iliu'i the- trt-.ity. TIJH MAJORITY oriNION. Aft-r s-t.ilii; th.' ("ih1 at hum:- length Chi f J'lr-tlc r ;,;'! 1 s-iinif wliat exttr.lv:!y fiom the opinion of ihis court in the i-Air- of I, Lima, vs. Hidwell. His (luotiitl-'n from t'-r-t c.i '. .-was the paragraph settlr.;c forth th- theory that a country remains f-.r kn with respect to tho tariff I.nvj until (nr has nte;l lour. L r.v ir.g it within th" ( Mstoms. The opinion thwn con tliui-1 as fallows: "No r a.-ikn i prc -iv d f r any different ruh in,' as to t.V I Ii i I i i i i n s. l:y the third htI' I- f the trrty Spain eelM to thl'n:t' I Sr;:t s t:;- archip laip known as ih- i'hiiip; i-i.in.i. an! the l.'r.itvr. States ;;;r.1 t' pay t Spain tho sum of wit, in thro- months. Tho treaty v..i rr.tirS l; C.:.:;r a; i ropmted th'1 money; tL-. rn ti:t ati-n was i-rot '.aimed. Th- ti'-ai;. -m;ik;ri' p.w r. th- xecutivI '.y.cr. til- I '--j-Iatlv.- potter, concurred In thi- o .:r.; ! t ; ai of th- transaction. Th.' l'hillpi'ir.-s th-r by a.-ol, in thy lansu.ur ( ti.- tr-aty 'to !' Hani-h.' (Yasir.i; to lFpanish. ltn-y c-a- t- b a, for. j-;n country. Tn y am- on lor th- co.-npi-t- and a!s-I:it- s'i . ; iiity anl dorr.inir. of tho 1 "i it : Stat.s at.'l Vo became territory of t!.- I'r.it.I Sra'r-r. f.vor which i-.il kvrrrrr..t rn:;! b- estaMi-h-'l. Th- rf stilt v.-.is th- samo, altlounh t!i-r- was no rtlj.olation th.il tho i.itiv- Inhabitant f!'a:aal ! ira orj orat '1 into tho body politic Jim! I. on.- st.-ari.ii; t tiini th- riht to rh-"-' th ir nationality. Th' ir all bianco b'(,i.vf it.. to th- l.'n.te! St :t s and they b- oarr- entitled to its prtectin. "Hut it is jsai.t that th- -a.-e r.f the PhilIri '-.n- s is P h- di.'-tinuish-I from that of -orto llio bo'-ai:se on I'ob. 14. Sj. aft-r lh'. t'Ml ati'.n of that tr-aty. the Senate ifsolvo.i t!:at ly tho raifiatinn of the tnaty-of rar- with F-aiii. it i? not int n.bI t- inoorporato th; inhabitants of th I'hiliri'ino i.-lir.:s into eitiz-nship of th t'nitfi St;stef, otc, nor to rmanrntly annex thus- ulanJs. W- noi not conshh-r th-.f-r:i an. I if t of a resolution of ths irrt, if :;.h:.:-.I by Cnrss, not like-that of April l"! l' in r-.-port to Cuba, preliminary to th - ! opiration of war, but nft r tirl- t.a i pas:-ail iy ra tii:e! cession. H is cnou-a tl. at ti-r- was a Joint res. lull' n: that it v.-as ;o!optol t.y tho Senate by a oto of in to not twn-thinhs of a (;':(,rti!ii; an-1 that it is absolutely without ,il i-i niii-: ra on tii ojuetion before us. 'lh- tu anii. u: of tho treaty cannot b controlled by :oil-. iu nt explanations of some of tho::e who may have votetl to ratify it. What view the i I raise mii?ht have tak.-n as to the lnt-ntijn of the Senate in ratifying the treaty we are not informed; nor is it m it'-rial ; and If any Implication !r m ti e action r f rr i to could properly be ir.Muk: . d it wouM ?-im to be that twothirds of a o,u)rum of the Senate iid not com-nt to the rati.'ication on the proumls in.M ate.. NOT WAGING WAIt OF CONQUKST. "It is f urthi r cont?tiif d tiat a distinction exi.-ts In that v.hib- complete possession of iV.rto lileo was taken by the Lnltel States, this was r.ot so as to the Philippines, because of the armol resistance of the natl.e Inhabitants t a. greater or less ext nt. Wo must decline to assume that the f'vernmnt wishes thus to dlsparase the t.tle of the l'i.it i Statt s, or to place itself in the position of waKlriK a war of coii-(U-.-t. 'i'ne 5ov(Tei::nty of Spain over the Philippines and possession under claim of title had xi.t.-.l t-r a Ion st-rlei of years prior t. tte war w.Ui th.- United State?. The tact that there'- were insurrections against iie-r er that ura i vllize d tribes may have eielied her will tji.l nt aftect the validity eif li r title. She granted the islands to the l'rite-1 Stat-s-, and tlo; era n tee. in accept-in-? tin in, took nothing U ss than the whole raut. If thos, in insurrection against Spain continu-d in insurrection asainst tl:e l'nitt States th- le-.al title and ps-i-essiou f the latter r-mainel unaffecteei. '"We- tl r.t liii'lerstand that it is claimed th.it in iurr i.ii; e.m th- p-nllrnj hotllitlf.s th': oveniment is see king te subjugate th.e

COLDEPw WEATHER TO-DAY. ;'iovter.H in outIierii Indiana I'nir In Northern lfirtinn. WASHINGTON, Dec. 2. Forecast for Tn ?'. ay and Wcelr.r -rliy : For Ohio Pain and coMer on Tue?Iay. We-elnesday partly cloudy; fresh to brisk northerly v.lns. Fr Indiana Showers in Fouthern, fair In northern portion on Tuesday; cohler. We.lnestiay fair anI cold; northerly winds. Fr Illinois--Fair on Tuesda and probably em Wednesday,- except .snow flurries alonjr tlie lake- en Tutselay; fre-h north to northeast winds. Yetrit:i y'm Tetuiierndirr. l'ir. Th-r. It. II. Wind. WVather. Pre. 7 a. m 4 j N"..st. Cloudy. ta;5 1 I. v.i . i-i ,2 Xorth. ClouJy. 0.0J Mixinium tom;e ratui t-, 42; mlr.imura tomperature-, Ss. toin; arati . t-tat ni-nt of the mean temperatare and total j rtci;iution cn Dec. Te:np. Vre. 35 .11 ) .OJ j as m23 .Vi ZJ 13.70 W. T. ULYTIin, Section LUrector. N"'riTial M.an l)-pitrture .artiiri' sin'- Ic. I..... 1 trtutc üiiK'u Jan. 1

Local )ler vnt loni tu 3IunIu-. Stati-iis. Mln. Max. 7 p. m. Atlanta. O l 45 H J-a. r...i.i k, N. I li IS Vi 1 : ait al N. V 30 45 3 Canary, N. . T 3S 3) C nua.. HI ZZ ?,r, Z2 e'.iti... Ill A) 44 4,) t I.- v rn-. U y.i 34 41 Si CirA innati, e 42 i,4 42 a:.-jr.li i. K.iu 24 41 4.) Pavtrji it, J j. ö'i 32 I s M.iu.e-s. Pi 22 Z2 3a jj 1 vr.-sti n. T. jt H . is ll.l r.a. M 't.t .' C4 Z-i 34 JL-ks..r.vliIe. I'll (.i C2 lian.-as tity. Mi 32 2' 34 I.itt!- Ivi'k. .rli 4'J f. Mil. o -tt-. Mi' h IS 0 IS MeaU'iii. Te-nt 42 It 42 N.' .-Ii ii',.'. " a: t li 3. N."W rl.-ari-. i.a 7') Nhw Y'-räv e ity: 4) is L N.ath PUtt.. N h 21 .",2 4 kl .hotna. . T ' .' 4i t;k! i: l. Xt-t. IS 32 3 l'itui'iir,'. Pa 42 .'.2 12 ija" Ap: N. V. T 4 1 4 l:.rl l e ty. s. D 3 .-j f-alt Ia.W t'lty 44 :. 41 St. I..,':!?. Ma 3' 2S 2' St. I'aul. Minn 1 l'o h Sj rlrrl. 1 !. Jit. 3 3S 3t hi r.:'-;ll' 11, Me. ................ 31 2 31 Yi'.'k.-t'ur, Mi- ."- ,r.-S f.5 Wasii.nt,.n. 1). C 2S 6 51

I'YIIcwimr Is a summary of mcteorolcfflcal conditions (or Indianapolis and vicinity fcr the montli of November: Mean ntme-oherie pressure, H0.1S; highest, cn the 2Mh; lowest, 2l.2, on the 11th. Mean temperature. ?,0; hiebest. CO, on the 11th; p.wa st. 22. on th 4tii; gre atest daily rr.ni;?, on thi 3d; hast daily range, on the 21:11. Me an t mp rat':re for the month in 171, S:: J-".; lTJ. G7; 17P 42; 175. 4 ; 7ei. 41; W7. ".; ls7s, 4.'.; 7,. J": in. 31: 11. 31; 12. It; 2SJ. 4"; 11. 42; 42: lMt, 4; 17. i : 1-s. 4: 41: !:.. 4'I; ivd, :r.; ls-.C. 3S; I"--:. t.; P'd. :::; '.K. 12: lvnl. 4.": 1:-V. 41: 4 ; 1 4;; P.-'. 12. Me-an temperature ior the miith for -1 Vt.irs. 41; average eh ncj' ft 1 tily nn an temperature eiurir.ir t'ie month. J I're..--; accumulatt! th ;icp t'a'V f ilaily m an tempe rature since J;in. 1. 1.'2 hure. s; ave rage ilaily d. llciency tiri'c Jan. 1. 1 i''rre. I'r. valiir. iire-ction if wind, northwest; total mi a me r.t. 7.'''2 miles; maximum Yebuitv of ni;a!, !irerti n and elate, 4, stiuth, o:i the nth. Total pr. e'pitatioTi, 1.17 inche-s; number cf ;ays with .'I inch er more of precipitation. 7. Total pr i ipitation in ine-hes) for the month in lO. 172. lv72. '2'.; 174. 4 2; 17", ::."!; 1 '7 2 2; 77. 3.'-l; 17S, J s7; lT'. '2; 1". Lr; Ivl. 'J".',; Ivs2, 'J.r.O; lvs:!, V ; U-l. I.S .. 2.71: Ivn.;. 37; Is7. 3.71; 1 N. .".7; 4.:7: K, 2 U".; 1:1, .". o; ls;ij, 4:-'; P 't. 3.2-.; 1- !. 1 's.; lv",. ."1; 1;. 4.P.; 1".;, r7; iv . 2.2:': . 3.:;i; p.. v. 4.12. .wfrraue j.re; Ip't:it i :i for tiie month for 31 j.ar-, ::.v2 ireh-s; total !ehrieny in prec:; :tat! ni i : r i : : u the month, 1'.". inches; m-euir.uh; I !':!. -ief.e-y in precipitation tir-- 3 a j I. 1-, 12.s." imdies. Number "f c'o. ar eias. 12; iartly cloudy, 7; cloudy. 11. IIOVEHENTS OF STEAMERS. II;i:.LT."l. I .-. l-Arrlved; Fuerst E:.-n : ;r. k. frt-m N w York. fr Naples. to. Ni:V YoliK. I 2.-Arrive.l: Calabria. fr :a Na;.!.. 1 ri -I I. from Antwerp. GLASCoW, iy.A-. 2. Airive.l: Sarmatlau, fr'-m Montreal. LONIoN. 1 .. II. Arrived : MontevMoan. from .Monir-il. LI VFiii'OC L, D.c. i-Arrivt-J: Ivtrnla, fiom L'obtoa'

people of a foreign country, but, on the contrary, that it is preserving order and suppressing insurrection in territory of the United States. It follows that the ps-f-es.ion of the I'nlted States is adequate pfssesi(jn under legal title and this cannot be a eitd f'r one purj'o.-e aral !. nied for another. Wo dismiss the sucested l:stincti'jn as untenable. "ilut it is soiiKht to ebtract from the weiKht of the ruling in ! Lima vs. Lidwell, because one of the live judges concurring In the Judgment in that case concurred in the Judgment in Oowr.es vs. Li Iwell. In Ie Lima vs. Lidwll I'orto Llro was hehl not to be a foreign country, atu-r the ce-ssion. and that a prior act exclusively applicable to foreign countries became inapplieabie. "In iJMwnts vs. Ilidwell the conclusion of a majority of the court was that an act of 'onirress levying riutb-s on go..;l.s imported frjni I'orto Hico into New York, r.ot in conformity with the provi.dnns of the Constitution in resptot to the imposition of duties. Imposts and excises, was valid. Fjur of the members of the couit

dissented frenn and five eoncurred. though not on the name grounds ar in this conclusion. The Justice w ho ch-live re l the opinion in Ie Lima's case was one e.f the majority and was e.f opinion that although by the cession i'orto Kico ceased to be a foreign e-ountry and became a territory of the United States, and iometie, y?t that was merely 'appurtenant' te rritory and 'not a part of the L'nlte.l .States within the rvenue clauses of thn Cemsti tuti'n.' "This view placed th tfrrittry. though not foreign, outside of the restrictions applicable to interstate commerce. and treated the power of Congress wh-n affirmatively exercisel e.ver a territory situated, as supposed, as uncontrolled by the provisbms r f the Constitution in respect to national taxation. The- distinction was drawn between a special act in respe-ct of the particular country and a general and prior act only applicable to countries foreign to ours in evtry nse. The latte r was oblige.! to conform to the rule of uniformity which was wholly disregarded in the former. "The ruling in the case of De Lima remained unaffected, ami controls that unlor consideration. And this is so. notwithFtaneling four members of the majority in the I)..- Lima cas' were of tin- opinion that Forto Hico did not become by the cessio n subjected t the exercise of governmental power In th levy of duties until restricted by constitutional limitations. "Oerree reversed and cause remanded with directions to quash the information." Justices Gray, White. Shims and McKenna unite! In dissenting from th; court's opinion in the Philippine case, but they Midi no written statement beyoml a mere note in which they said . that they "disKe'rited for the reason? tatfd in their opinions in the cases of l)e Lima vs. Ilidwell. Dooley vs. the Unlt-d States anl Dowries vs. iUdvvcll in the last term of the court." SKCO.I IlUULi:V CASK. It I Decided In Favor of the Gorern111 en Cm Content inn. WASHINGTON, Dec. 2. The second of the Dooley cases involved the constitutionality of the law of April 12, providing fcr the collection of duty on articles shipped from the Unitetl States Into I'orto Itico. The decision was rendered by Justice Lrown. The chief justice ami Justices Harlan, Brewer and I'eckham united in a dissenting opinion, whic h was hanlel down by the chief justice. They hehl that the duty imposed was export in character, and the fact that it was levied for the benefit of Porto Hico did not change its character. Justice Hrown's opinion held that as Porto Hico is not foreign territory the goods shipped to Porto Hico are not exports, but whether exports or imports the wide rango of Congress in the matter of taxation was sufficient for a contingency of this character. At best, he said, tho eluty was a temporary expedient, and as it was explicitly provided In the Foraker act that the I'orto Piican Leisl iturc could change the character of the enactment it was held that t lit! Uoraker act was merely legislation in thi Interest of Porto Hico. The Foraker act was sustalneel on the grounds laid down in tlm Downs case, anothe-r of the insular cases elecideel at the last term. The elccision of the lower e-ourt was affirmed. Justice Brown explicitly said that the opinion was not to ! construed as a justification of expert duties. Justice White concurred in the result, but delivered an inlependent decision. This case grows out of the Imposition of tariff duties on goods shippei from New York to Porto Hico May 1. VM to Oct. 2:J of the same year under the act of April 12, 1, providing revenues ami a civil government for Porto Hico, the sum involve-.! being $1.423. This money was cllected at I'orto Hico on goods shipped to that port by Dooley, Smith et Co. to their agent, who was in San Juan. The collections were imposed under that portion of the lw in question which provides that all merchandise coming Into I'orto Hico from the United States shall bj entereel at the several ports of entry upon payment of 15 per cent, of the duties which are required to be levied, collected and paid upon like articles of merchandise imported from foreign countries into the United States under the Dingley tariff law. Dooley. Smith tS: Co. brought suit in the Circuit Court of the Unite.l States for the Southern district eif New York to recover the money paid by them which they declared had been wrongfully collected at San Juan. To their petition the United States demurred em the ground that tho court hael no jurisdiction of the subject of the action and on the further ground that the complaint did not state facts sutlicient to constitute a cause of action. Judge Lacombe, of the New York court, sustained the demurrer upon the second point. The case was carried from his court to the Supreme Court. The contention on tho part of Dooleys counsel was that Congress had not the power under the Constitution to impose taxes or duties such as were levied umier the act of April 12, upon articles taken into Porto Hico ports from other parts of the United States. Porto Hicej being an integral pirtion of the Nation. Justice Brown said that the duties levied were attacked on the grmnd that they violated tho clause of the Constitution declaring that "no tax or eluty shall be laid on nrticles exported from any State." The court, he said, in the case of Wo druff vs. Harham, had held that the word "import." in connection with the provisions ef the Constitution "that no State: shall levy imposts or duties on imports or exports," applieil only to articles importe-il from foreign countries into the United States. In that case Justice Miller, who delivered the opinion of tho court, said: "It Is not too much to say, so far as research has extended, neither the words 'export eu 'imuort" or 'imposts' are to be found in the discussion of this subject, as they have come down to us from that time, in re-fe-r-ence-to any other than foreign commerce, without some special form of words to show that foreign commerce is not meant. Whether we look. then, to the terms of the clause of the. Constitution in question, or its relations to other parts of that instrument, or to the history of its format im anl adoption, or to the comments of the eminent men who took part in those transactiems. we are forced to the conelusle.n that no intention existed to prohibit by this clause." This definition of the word imposts had afterward been approved in the case of Brown vs. Houston. Proceeding, he said that if. then. Porto Hico be no longer a foreign country under the Dingley act, as was held by a majority et., the court in De Lima vs. Hi dwell. It Is Impossible to say that goods carried from Ne w Yerk to Porto Hk can be considere d as "exported" from New Yrk within the meaning of that clause e.f the Constitution. If they are neither exports nor imperts they are still liable to be taxe.l by Congress under the ample and comprehensive authority conferred by the Constitution "to lay an.I collect taxes, duties, imposts and taxes." The que 'Stion whe ther a eluty laid by Congress upm goods arriving at I'orto Hico fron New York is a eluty upon an export Horn New York or upon an imj.ort to Porto Hice, he said, was not free from doubt, the manner in which and the phuv at which the tax is levied. b ing ef minor ci nsepu nce. "One thing, how. ver," laa.ided. "is entirely clear. The tax lmposel is en goods imported into Porto Itico. slne-e it was exacted by the collector f the port of San Juan after the arrival e.f the goo, is within th limits of that port. Front this moment th- luties b'cam payable as upon Import 1 inerchan-lise. Now while ;;n inipcrt into one p rt almost m c -ssariiy iavedves a prior export from another, still ir ! te-rmining the character d" the- tax imp. s.-d it is important to consid-r wiu th- r the hity be laid for the purpos.- ..f adding t the ie venues of the- country lrom which the export takes place. -r for th.e benefit of the territory int which they are import.!. By the third section t f the Foraker act Imposing eluties upn merchandise coming int Porto Hico frm th- United State ?t is declared that whnevr the h gi.-iath . assembly if I'orto It. o sh.dl hav- . ::..et d ami put into operation a system of 1 e il taxatieui to meet the heces.Phs of the government e-f Porto Hico by this act established, and shall by resolution dulv passeel so notify the- President, h.' shall make preu-ln mat ion thereof and thereupon all tariff elutb-s on nnrchainlise and article s going into Porto Hico shall cease, ami lrom and ufter that date all such mer

chandise and articles shall be entereel at the several ports of entry free of duty.' "Aral by Section 4. "the duties and taxes colbcted in I'orto Hico in pursuance of this aet. shall not be covered into the general fund of the treasury, but shall be held as a separat fund ami shall be placed at the di.-pi.-al of the President to be use.'. fjr the government and benefit of Port Hico until the government of Porto Hico. h -rein prvi.!el for, shall have been e.rg lnlzc!. when all moneys therefore col-bcte-l under the provisions hereunto une xi e-n.b . 1. shall be transferred to the local tna.-ury of Porto Hico.' "Now, there- can be no doubt whatever, that if the legislative assembly of Porto Hb-o she. old. with the conse nt of Congress, lay a tax upon goods arriving from ports of the United States, such tax, if legally imp .S'd. would be a eluty upon imports to I'orto Hico and not uiwn exports from the Unit-! States; anl. we think. th same re-nit muvt follow if the duty be laid by Congress in th.e inte rest and f.r the benefit of i')rto Kico. "The truth is that, in imposing the duty as a temporary expedient with a proviso that it mav be abolished by the legislative assembly of I'orto Hier, at its will. Cong re .-., thVr. bv shows tha't it is undertaking to legislate for th' islaral temp-jrarily and only until the local government is put into op. rati'.n. The.- me-r.r fact that the eluty passes through the- harxls of the revenue odii-ers e.f the Unit-I States is immaterial in vi-w of the requirement that it shall not be o.verol into the general fund of the treasury, but be held as a separate fund f.r the government and benefit of I'orto Bieo. "The action is really corelative to that of Down.-s versus Bidwell. in which we held that Congress could lawfully impose a eluty em imports from I'orto Hico, notwithstanding the provision of the Constitution that all duties, imports and excises shall bo uniform throughout the United States. "It is true that this conclusion was reache.l by a majority ef the court by different processes ef reasoning, but it is none the less true that, in the conclusion that certain provisions d' the Constitution did apply to I'e.rto Hico and that certain others did not, there was no elifference of opinion. "It is not Intended by this oninion to intimate that Congress may lav an export tax upem merchaniise carried from one- State to another. W hile this does not seem t be forbhlden by the express words e.f the Jonstitutb.11, it would be extremely difficult, if not impossible, to lay such a tax without a violation of the first paragraph of Article. 1, Section 8, that 'all duties, imposts and excises shall be uniform throughout the United States.' There is a wide difference between the full and paramount power of Cemgress in le gislating for a Territory in the condition of I'orto Hico and its pmver with respect t the States which is merely incidental to its right to regulate interstate commerce'. The question, howe ver, is not involved in this case, and we do not elesire to express an opinion upon it. These eluties were properly collecte! ami th action of the Circuit Court in sustaining the demurrer to the complaint was correct, and it is therefore affirmed." Chief Justice Fuller and Justices Brewer, Harlan and IVckham uniteel in a dissenting opinion in the Dooley case. The opinion was real by the chief justice and was based largely on the constitutional provisions concerning the regulations of commerce. He said: "The power te regulate interstate commerce was granted in order that trade betwee-n the States might be left free from discriminating legislation and not to impart the power to create antagonistic commereial relations between them. The prohibition of preference of ports was coupled with the prohibition of taxation on articles exported. The citizens of each State were declaretl 'entitled to all privileges und immunities of citizens in the seve ral States.' and that Included the right of ingress and egress and the enjoyment of the privilege s of trade and commerce.' " Further on. the e.pinion says: "The prohibition in Congress is explicit and noticeably different fr.im the prehihition of the States. The State is forbidden to lay 'any imposts or eluties;' Congress is forbidden to lay 'any tax e.r duty.' The State is forbidden from living imposts or duties on 'imports or exports,' that is articles coming into e.r going out of th? United itates. Congress is forbblden to tax 'articles exported from any State.' The plain language of the Constitution should not be made blank paper by construction, rend Its specific mandate ought to be obeved." Taking up the plea that the eluti.'s in this case- were laid not on article s exporteel frmi the State of New York, but on articles imported into Porto Hico, the chief justice said the language tiel preclules this contention. The geographical origin of the mipment contnds. and It Is mt material whether the duties were collectable at the place f exportation er at Porto Hico. They were Imposed on articles from the State of New York, and be fore the articles had reached their ultimate destination and had been mingled with the common mass of property n the island. The dissenting opinion concludes as follows: "The proposition that because the proce-eds ef these duties were to be used for the benefit of Torto Hico they might be returned as If laid by Porto Hico itself, witli th-? consent e.f Congress, ami were, therefore, lawful, will not bear the Constitutum Congress may lay local taxes in the Territories affecting persons and property therein, or authorize territorial legislatures to do so, but it cannot lay tariff duties on article's exported from one State to another, or from any State to the Territories, or from any State to foreign countries, or grant a power in that regard w hich it does not possess. But the decision iuw- made recognizes such powers in Congress as will enable, by means of taxation, to exclude the products of I'orto Hico from the States, as well as the products of the State s from Porto Kb o; and this, notwithstanding it was hel'l in De Lima vs. Bidwell that Porto Rico, after tho ratification of the treaty with Spain, ceased to be foreign and became elomestic territory. We think it clear m this record that plaintiffs were entltleel to recover, and that the judgment should be reversed."

No "Writ for llinaert. WASHINGTON. Dec. 2.-The United States Supreme Court to-day affirmed the order of Judge Lacombe, of the New York Federal Court, refusing a writ of habeas corpus in the case of George F. Dissert, ef the New York police force. He was a "ward man" anl was convicted on the charge of making Illegal exactions and collections. LniRl Morti Hust Die. WASHINGTON, Dec. 2. In the United States Supreme Court to-day an opinion was handed down in the case of Luigi Storti versus the State of Massachusetts, affirming the decision of the court below. Storti is under sentence of rTeath by electrocution for murder, and fro sought to secure his release on a writ of habeas corpus. His pe tition was denied by the lower court ami that was the decree which was to-day affirmed. llfoejis for l-'onr "Weeks. WASHINGTON, Dec. 2. Chief Justice Fuller to-day announced that after the session of the Supremo Court on Monday next a recess would bo taken for four weeks, the court to reconvene on Jan. 6. J. J. LYNCH'S FLIGHT. Former Bailiff Tells llorr He "Was InIuccmI to Iitnve CliieiiKo. CHICAGO, Dec. 2. Former Bailiff James J. Lynch, the accusing witness, resumed the stand in the Sullivan conspiracy case to-day. His testimony chiefly concerned details of the preparation for his flight, following the exposure of jury bribing, and of his stealthy escape to Canada. He said that it was arranged to reimburse his bondsmen wh n he had been persuaded to "jump his bond." He was given ?"aj to pay his ex-p.-nsas. Then Attorney St. John, who is alb'ne.l to have been in the conspiracy, tor., one of his (St. John's) cards in two and gave eme-half t Lynch's brother-in-law. A man who was t carry the other half was to be admitbal to the home of Lynch's sifter, whe re- the bailiff lived. A man "whom witiuss said he h al ne ver seen before pres. a;t'l tin- other half of the card that night and was admitte 1. He gave- Lynch $3.7,. Lynch made arrangements to have this mom y tive n to his bondsmen. Then, ac-e-ompani.-d by his broth, r-in-l.iw. he went t the .Michigan Central De-pot and b.mght a ticket for "Michigan City. At Michigan e'ity. following th" a.lvice f Attorney Udward Maher. to "make the trip in jumps," h' bought tickets to D trolt. From the latter city ho we nt to Ottawa. Toror to and Montreal. Canada. Wli- n Lynch finished ids story he was turned over t the attorney f.'r the defense, who b.gun a rigid cross-examlr.a-ti-.n. Some fear is expressed by the state that Lynch may break dewn under the lir-ree' pre from the attorneys for the del'i.. as h was unable this aft- rnoon to answer many of the ejue'-stlons . f the def . nüants counsel in u spechie way. I'o Cure n Cold in t)nc Dny Take Laxative Bromo Quinine Tablets. All druggists refund thr money if it fails to curt. K. W. Grove's signature is 011 each Lox. c.

PLANNED BY DESERTERS

LATJ2ST i:PL AXATICIX OF THH MASSACKli IX SAM All ISLAND. Hnneally American Solilier Alleged to Have Been IlennoiiMible for the Attack on Company C. WASHINGTON, Dec. 2. According to Manila newspapers, copies of which have been received at the War Department, the massacre of Company C, Ninth Infantry, at Balangiga, Samar, was planned by deserters from the American army. The newspapers state that two such deserters are known to have acted as spies two days before the massacre. It is said that when the First Infantry was relieved by the Ninth on the Island of Samar these deserters obtained some uniforms which had got adrift during the transfer, and thu3 equipped passed as American regulars. Deserters in Samar are becoming very bold, it is stated, and 'it is not an Infrequent pight to find-notices written in English, posted on trees and shrubbery, inviting Americans to join tho insurgents and Instructing them how to enlist. It is also said to be a generally understood fact that deserters from the Ninth Cavalry (colored) are responsible for all the trouble tho American troops have been having in Hatangas province. It is said that deserters from this regiment led the fight near Lipa in July, In which Captain Wilhelm and Lieutenant Ramsey, Twenty-first Infantry, and Lieutenant Lee. of the engineers, were killed. General Smith, in Samar, and thi Twentieth Infantry, in Batangas, are said to be hot on the trail of the deserters. Mail advices from the Philippines are to the effect that the military authorities have been obliged to expel all the agents of English houses at Manila from the islands of Samar and Leyte, as they have been engaging in tratllc with rebellious natives. It is exacted the British consul will refer this matter to London for instructions, but no serious trouble Is apprehended. The military authorities have sentenced to death two more Filipinos for atrocious murder Diego de Guszman, an insurgent captain, and Feliciano Borja, an insurgent. They are accused of having stabbed to death tho wife and daughter of a native sergeant of police as a mark of appalling vengeance on a man who had taken office under American authority. Funttton Not Coining: Until Sprlngr. IOLA, Ivan., Dec. 2.Gen. Frederick Funston has no Intention of coming home from Manila until next spring, according to a letter received here to-day by the parents of Lieut. B. J. Mitchell. At the time of writing Lieutenant Mitchell said that Gen. Funston was still in the hospital. He was believed to be out of danger from the operation for appendicitis, but had reconsidered his plans to come home now, fearing the cold weather might prove dangerous In his present condition. The Kllpatrlck nt Mnnilru WASHINGTON, Dec. 2. The adjutant general has received a telegram from General Chaffee, saying that the transport Kllpatrlck arrive! at Manila to-day. LIVE STOCK EXPOSITION oi'Kxixn; op Tin: giulvt cattle, HOUSE, SAVIXE AXI SHEEP SHOW. Add ret 1- Seeretnry of AKrienlttir "Wilson I inllnn Inns In tin List of lrlr.e Winner. CHICAGO, Dee. 2. The International Live Stock Exposition was formally opened here to-night before an appreciative crowd which filled the Dexter Park amphitheater. Mayor Harrison, Secretary of Agriculture Wilson, Governor Yates and H. W. Hall, of Texas, spoke In the order given. A parade of prize-winning horses and a concert preceded tho speechmaking. Mayor Harrison delivered an address of welcome. In which he said that in no city in the world could a cattleman be more welcome than in the city which boasts the greatest cattlo market in the world. Secretary Wilson was greeted with loud applause. Ills remarks were largely on the valuo of the cattle business in the United States. He Faid that while the cattle exports from this country last year wero worth $30,0)0, WO, the great market was at home, "among our own people and under our own flag. The horse," said the speaker, "is with us to-night and he will be with us through the ages when the automobile and the bicycle are In the junkpile. No man ever rode a bicycle who had owned a horse; no man would own an automobile who understood the beauties of the horse." The audience was still applauding when Governor Yates arose and bade the visitors to the show and to the convention of the National Live Stock Association welcome to the State. The Governor was followed by H. W. Hall. Mr. Hall maintained a humorous vein in his talk and held the audience to the end. The committee on Judges has named the following gentlemeji to determine the merits of special cattle exhibits: F. A. Nave, Hereford? ; J. C. Imboden, AberdeenAngus, and Wallace Estell, shorthorns. Among the prizes awarded to-day were: Shorthorns, steer or spa ye I heifer two years old and under three The Dutchman (fat steer), first, owned by M. F. Dunlap, Jacksonville, 111. Ilerefords, steer or spayed heifer, two years old and under three Apollo, first, owned by George P. Henry, Goodnow, 111.; Isaac, second, owned by II. T. Schnelker, New Haven, Ind. Steer or spayed heifers, one year old and under two The Woods Principal, first, owned by G. P. Henry, Goodnow, Hi.; Clipper, second, owned by T. F. H. Solham, Chlllicothe, Mo.; Hickory Grove, third, owned by G. P. Henry, Goodnow, 111.; Avalett, fourth, owned by Thomas Clark, Beechcr, 111. In the class for Aberdeen-Angus the price for champion steer or spayed helft-r went to Maple Leaf Steadfast, shown by M. A. Judy & Son, Williamsport, Ind. Judy & Son also took first prize for best lot of three heael owneel by one exhibitor. In the class for distinct breeds of swine the following were awarded first prizes: Champion boar any age, Davis Brothers, Dyer, Ind., first. Chmpion sow, any age, Davis Bros. FLOOD OF MEASURES. (CONCLUDED FROM FIRST PAGE.) ys received from the sale of publicT lands in tho arid and semi-arid States. Mr. Henry, of Texas, to prevent combinations in restraint of trade. Mr. Hücker, of Missouri, to exempt wire mails, wire, barbed vire. etc.. from duty. Mr. Cushman, of Washington, prohibiting the location of mining claims in Alarka by power of attorney. Mr. Kahn, of California, for the designation of certain points on the boundary for the admission of aliens. Mr. Curtis, of Kansas, for the punishment of persons a-saulting or killing the President of the I'nlted States. Mr. Shackelford, of Missouri, placing printing paper and wood pulp on the free list. He-solutions respecting the late President McKinley will b introduced in the House of Representatives h Representative Greisvenor to-morrow, simultaneously with the introiluctlon by Mr. Foraker, in "the Senate, of the same resolutions. The isthmian canal bill will come in later. RepresentativeHepburn, of Iowa, saying that it would not be deferred until the organisation of the committee on interstate- and foreign commerce. The oleomargarine legislation this winter will take a new form. Last year the pi in was to place a prohibitive federal law on butterlne ami all forms of oleomargarine. This aroused the manufacturers and they beat the dairy folks. This time the proposal is to place no tax on oleomargarine, provided it is sold as such; if It is colore-el

to imitate, it is to be taxed, if Fold on its merits ami clearly declared as such it will not be taxed.

AXTI-AXAHCIIIST HILL. Mr. Burrvi Proposes HcInion nnel Expiilftieiit of Foreign ''He-il." WASHINGTON, Dec. 2.-Senator Burrows, of Michigan, will lntroelure a bill to-morrow providing for the exclusion and expulsion of alien Anarchists. By its provisions the boarel of inquiry is authorized to diligently search for Anarchists among the foreigners coming to this country and ascertain as to his antecedents, his opinions as to governments, or whether he belon;s to any society, er association with anarchistic t rak-nc ies; and it may examine the person of ruch alien for marks indicative of fuch memberrship. The board may accept evidence of the- immigrant's common reputation as an Anarchist and orelers. decrees, his views of foreign governments or any prima facie evidence which may be deemed to prevent admission of such alien. When an Anarchist escapes this Imposition he may be selze! by the commissioner general of inquiry, and if after a thorough and satisfactory ineiuiry is found to be a menace to this government as an Anarchist may be deported to the country from which he came. FEDERATION OF LABOR executive committee: mappixg out work for the delegates. Question of Autonomy Probably Will Give Much Trouble Before It I Finally Decided. SCRANTON, Ta., Dec. 2. The executive committee of the American Federation of Labor met to-day to prepare the schedule of work that is to engage the attention of the twenty-first annual convention of the organization, which meets in this city on Thursday next. In addition to over three hundred delegates from all parts of the United States, there will be present delegates representing organize-! labor in England, France, Belgium and other parts of continental Europe, and from Porto Rico end the Philippines. Tho executive council was in session up to midnight. President Gompers said at the close of the meeting that there was nothing to give out to tho public. To-morrow there will be a convention composed of delegates reaching all the tradesmen who work on metal. The scheme of federating all the metal workers was projected at St. Louis a year ago. It is proposed to perfect the scheme at to-morrow's convention. There is considerable compaisnins already apparent on tho question of autonomy. The firemen are fighting the mine workers for jurisdiction over the stationary firemen at mines, the piano makers are protesting against the wood workers' efIcrt to extend their jurisdiction over the cabinet makers in piano factories, and the longshoremen and seamen are in conflict over various question of jurisdiction. The principal tight will le between the miners and the stationary firemen. The action of the mine workers in not preventing its member? from taking the places of striking colliery firemen in the Pennsylvania anthracite districts last summer will be the subje-et of a torriel address by President Schamb, of the firemen. AMljiinteiit Du to n. Strike. riTTSBURG, Dec. 2. Voluntary assignments were made to-day by the Pittsburg Construction and Manufacturing Company, which has been engaged in general building operations, and the big contracting firm of West & Wilson, of this city, to the Prudential Trust Company. The two concerns ara closely allied, the firm members of each being identical. No statement was given out to-night, but George (). West states that the actual debts of the two companies will not exceed SluO.eM) and that convertible assets will reach KKt.Ow. According to Mr. West the trouble began several months ago when the firms had a strike to bother them, which seemed to frighten creditrs. Claims coming in resembled a run on a bank and the. assignment was made to protect themselves and creditors alike. Wane of the Pittsburg Strike. riTTSBURG. Dec. 2. The strike begun by the members of the Switchmen's Union a week ago is practically over, although the switchmen say that their ranks are holding firm, and that none of their men have gone back, while there have been a number of accessions during the week. The strike, however, has failed to tie up any of the railroads, and all the lines are now receiving freight, while the yards are being cleaneel out. The strikers' committee announced tonight that two roads the Pittsburg & Western and the Monongahela Connecting have agreed to a compromise and that this concesion will likely bring about a general conference which will end the strike. ANARCHIST SEEKS LIBERTY. Bergmann, Who Shot II. C Frlck, AVHiit Sentence Commuted. PHILADELPHIA, Dec. 2.-The habeas corpus proceedings Instituted by Alexander Bergmann, the Anarchist, who is serving an imprisonment of twenty-one years in the western Pennsylvania penitentiary for shooting II. C. Frick in the Pittsburg office of the Carnegie Steel Company In 1S34, and who expects to regain his freedom by the proceedings, came up in the State Superior Court in this city to-day. The court heard argument ami th? case was taken under advisement. Bergmann bases his claim for' liberty on a commutation law passed by the last Legislature, and also because, as he claims, three of the six indictments under which he was convicted, charged no offense against the laws of the Skate. SCOTT OUT OF JAIL. Millionaire Iteleneel Ileentisc Proneenfor Did Xot Pny Board mil. BOSTON, Dec. 2. Thomas A. Scott, the former Western millionaire, who has been confined in the Charles-street jail since last February for debt, was released to-day on the grouml that his board bill, 23 cents a day, had not been pai-l by his prosecutors. Mr. Scott was arrested in this city last February on a mesne process. Some time afterward he m.ole application to take the poor elebtor's oath, but his prosecutors prevented him. and he then went into bankruptcy. From that time his beard bill has not been paid. To Prevent 11111 Combination. ST. PAUL. D c. 2. The following statement was given at the Governor's office late this afternoon: "Governor Van Sant reports that he has be-cn informed by Attorney General Douglass that from the investigations mad h- has iecided to institute legal proceedings in opposition to the pretpeseV consolidation of railway lnteresss arai that the papers are in process of preparation." PugilKt Die of Injurie. CHICAGO. Dec. 2 August Reiniger, the pugilist, known ab "Dutch," who was severely beaten in a tight with James Drlscoll at the Aurora Athletic Club in this city last Friday night, die-.l from his injuries td-day at St. Elizabeth's Hospital Drlscoll is under arrest and will be ht hi Iendii;g the outcome of the coroner's investigation. Aeeid'iit 11 11 el Suicide. KISSIMEE. Fli.. Dec. 2.-M1.-S ReHe St fi'o was shot ar.d- instantly killed to-day at her home u Springle creek, about thre-e mib-s from here, and Harry Kindall is probably mortally woundeel. Ho was starting hunting ami. it is suppose.:!, shot Miss Steffo accidentally, then attempted sulchle. They were second cousins and the beit of frk-nds.

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FOUND IN A SHIP'S HOLD 31 AX "WHO CUOSSKI) T1II3 OCCAX IN A Gi:itMAX PACKING CASK. No Air Holes in the Ilor nnel the Strittiger Wn In n. I)y(iiK Condition "When Kescnetl. NEW YORK, Dec. 2. When a 'longshoreman to-day droppeel into the hold of the steamer Palatia of the Hamburg-American line, Just arrived at the Iloboken docks, he was startled to hear a weak voice call for water. Summoning assistance he made a search and found a man lying across some salt Facks. The man was dragged to the deck and became unconscious, and to-night is at a Iloboken hospital with little chance of recovery or, indeed, ever telling his strange tale. Investigation shows that the stranger had been boxed up in Germany in a packing case marked "J. 13. 71." In the case was a smajll bottle which had contained whisky, also some crumbs of bread. A piece of paper was found marked "John Beck.'r The box was marked in German: "This side up; with care." There was no air holes in the case and the hatch to the hold had not been opened from the time the Palatia left port until to-day. It is the opinion of the investigators that during the last of the trip the stowaway became so frenzied that he broke out of the box and there was no way for him to give the alarm. The man was well dressed, evidently a German about thirty years old. He had less than a dollar in German money in his pockets. Up to the present the consignor or consignee of the ease has not been discovered. Yesterday and early to-day an American express wagon called for a box marked as this one was, and it Is believed that through this circumstance something may be learned of the strange affair. The Palatia is a freighter, very plow, and was longer than usual in maklne this trip. It is believed the man was in the hold at least fifteen days. IGNORANT INSPECTOR. Astonished on Aljlnlnn by laying He Never llenrtl of Kink Menellk. NEW YORK, Dec. 2. Lieut. Penito Silvain was one of the arrivals on La Gascogne, which has just reached here. He Is aid-de-camp to the King of Abyssinia, and is an active officer in the Abyssinian army. The lieutenant landed at the pier in the full uniform of the Abyssinian army, carrying' his sworn In his hand. He was astonished when the customs inspector informe! him that he had never heard of the King of Abyssinia. The lieutenant, who spoke Knglish fairly well, explained to the in.pfctor that King Menelik was u great warrior, and had slaughtered 8.1 Italian soMl rs In a single morning, not many years ago. without losirg a man on his own side. Lieutenant Sil ain said he was on hi? way to JIaytl on an important commission, and that he might visit other countries before his return home. BLUNDER BY ITALIANS. t'ntiKht the Wronic eurro and llent Hint Nearly to Ilenth. CONN ELS VILLI:. Pa.. Dec. 2. An unknown negro entered the home of Antonio Kosso. an Italian miner, fr the purpose of robbery to-day, and was discovered by Mrs. Ho.Hso, who grappled with him. The negro drew his revolver and shot her through the body and then rkd. An armed posse of Italian. Immediately started niter the Ileelng negro, ami meeting William Dimson. colored. v.hm thy mistook for Mrs. Rosxo'i uj-sallun t, bat hlrn intj in-t-ensiblllty. Later the Italians discovered their mistake and notified the authorities

Kflidlt&JiHsOflCo Manufacturer and. Jobbers WROUGHT IRON Pipe and Fittings B0II.I5R TUBES. MTO SUPPLIES, PLUMBERS' SUIPI,IE3, PUMPS and WEIflr MATERIALS, INDIANAPOLIS, - - 1ND. WEEK ENDINQ DEC. 6 ONLY Finch Golden Wedding Rye, Full Quarts, 87c Power's 32-cent JAVA and MOCIIA Too well known to need comment. J. T. POWER & SON 44 North Pennsylvania St Telephones 1304. Full Set, S3.C0 Gold, Torcclalo Cromol.. &C3 Filliflf i . . . . Kj Teeth UNION PAINLESS DENTISTS Corner Market and Circle Kaatcf Monument ciomitt co. Star Iba Mmi Mrs. Itosso Is dylnK at the hospital and Dimson it at? his home fatally injured. A systematic t-earch for the assailant of Air. Homo li now beinß made. Hun on n Itnnk. MACON, Oa., Dec. 2. A run was made to-day on the Hank of Harneavllle. Ga, because of the closing down of the Uarnesvllle Manufacturing Company and the Hanfon-Crowley Company, the latter owned by the former, and both beltiK cotton mlll. T,he run was checked, as tho depositors Invamp assured the bank was solvent. Kxptrt accountants are now at work on the books of the mills ;:nl the statement Is Kiven out that their uss.ct exceed their liabilities by j:'3.o.). Snlririr of it Student. LOUISVII,Li:. Dec. 2. Fulton H. Harris, a student at the Iouiwvllle ivntal CoUre, com:nittel sulrl.Je this afternoon at Kastern Itark by sho.dlnK himself. He left letters to his mother and to a younfr woman at Carlisle. Ky., whlih. however, did not txpliin his act. though they Indicated low spirits. Harris's mothr came from Carlisle- to Louisville to be with iilm while he pursued his Ftudlen. Tailor Killed hy n llurj;lar. CLKVKI-ANI. O., Dec. Kmll oodman. a tailor, was shot and kllUd to-nlht by A burglar whohad entered his tro for the purpose of rcbblng him. For Table t e Hudew.lP'T. "the kins of H-dtUd r.r-ers. the perfect product of the AnheuserHusch Hr owing AoTn. I prefrnd by all who appreciate purity. p. rt. ctlon and 1 liclouw ittiMT. Or1T promptly tilled by J. 1 IJkler. manager Ar.heustr-Üuiül branch, Indianapolis.