Evening Star Newspaper, April 1, 1898, Page 15

We Have More New Styles in Shoes are made especially for We give you exclusive styles be reliable, and at the lowest raboodoodeodveeetoatendeetoadongeedvoateateadeniedoetnaseadiadredrsneteadealeerehes OPS OOS = — $1.98 $8.00_ tet Rt be Cte etoetea eaten Than any other house in Washington. are four of our tempting offers. For Ladies. For Men. FAMILY SHOE STORE, 310-312 Seventh Street N.W. ENUE ENTRANCE THROUGH KANN’S. SPRING SHOES We do not depend upon the manufacturer to furnish us with new ideas. All our us from our original designs. in qualities that are known to Possible prices. You have an endless variety from which to chvuose, for we carry more stock than any other three shoe houses in the city. Our present Spring line is the finest we have ever shown. The following Ladies’ Oxford Ties, of the finest kid, in tan and black—all the new styles of toe that are to be worn this season—sizes and widths complete. A Ladies’ hand-turned Oxfords, in black and tan—ail the new styles of toe, including the “Roxbury,” “Brookline” and “coin”—all sizes Sengongonteegecgontonseesentoagoegecgee ses ngeegnosenteateegeegeateathatiegs and widths, $ 3 ; A new line of Men’s Calf Shoes, $ in laced and congress—made up $ it: first-class shape, with all the la- ¥ test styles of toe—complete in $ every size and width—worth $3. $ & Men’s Vici Kid Shoes in tan and = black—the latest styles of toe in- ¢ clude the “West End,” “English,” = “Boston” and “Cottage.” These ~ are regular $5 qualities. - % Seeteoton Sentonsoetooteos it HE EEE wardrobe ready ots * a 3 *- of = * ok ae ake ee “~ oe ok ote aks - = & PARTE TEE EEE PEER as ss as ss a ne a a ne a ee eefeegeegeote “Get It At Mertz’s.” Easter’s springtime tidings are nigh upon you—better get your $ | O to-order Suits—we’ve fash- ionable weaves to please every taste tailoring exclusively. Mertz and Mertz, “New Era” Tailors, 906 F St. N. W. 38-inch All-wool French and Storm Serge. | ON ee pe eee ere ee ee (aT: Beautiful Fancies and Mixtures. Worth soc. For— with one of our . BEB EEEEEEEEEEEEEEEEELETEREE EP PERE es ESSP ERE ET EEECE 6 as a as ae a a as as as as as 3 Lansburgh & Bro. } How About That Easter Dress? ; If you have not as yet purchased it, note these Special Items for, tomorrow, Saturday: 45¢. quality. THE EVENING STAR, FRIDAY, APRIL 1, 1898-16 PAGES. RIGHTS OF MILITIA Cannot Be Sent Ontside the Coun- try. Tf DEPENDS ON THE CONSTITUTION Oath Taken by the Soldier is Im- material, MAJOR MORRISON’S VIEW ° eee Major J. N. Morrison, the principal as- sistant of the judge advocate general of the army, has recently made a careful study of the questicn of the obligations of national guardsmen to service in the na- tional defense in case of actual war. A Star reporter had a talk with him on the subject today, in the course of which he made several interesting observations. “Lack of uniformity in many of the states in the matter of the requirements and -obligations attached to the enroil- ment or enlistment in the militia,” he said, “cannot affect the question as to hew far some of the states would consider themselves legally bound or controlled by the President’s authority; nor is this question affected by the fact that the oath teken by the organized militia in some of the states is an oath of allegiance merely to their respective states, while in others the oath includes also allegiance to, the United States. The states are legally beund in this matter, not by their own statutes at all, but by the federal Consti- tution, and the statutes enacted by Con- gress pursuant thereto. The President's pewer to call the militia of the states into the service of the United States is not im- plied from the fact that the Constitution gives him authority over the militia when called into the service. The power is ex- pressly given to him by federal statute enacted pursuant to the provision of the Constitution that gives to Congress power to provide for calling forth the militia, Congress, when it came to exercise this power so given it, selected the President as the proper person and expressly pro- vides by statute that he might call forth the militia of the states into the service of the United States and use them for the Purposes mentioned in the Constitution. viz., ‘to enforce the laws of the United Siates, suppress insurrection, and repel in- invasion.’ And the states and the people of all the states are bound by these laws and the Constitution, and must obey them without regard to what their own state statutes may he. The Oath Immaterial. “The oath taken by the militiaman, or whether he takes any oath at all or not, is absolutely immaterial to the matter un- der considefation. In fact, the oath is immaterial anyway, and unnecessary. When the militia of the states are taken into the service of the United States they are simply ordered in, and asked no ques- tions. ‘They, or at least many of them, are often entirely willing, and in such cases they are delighted to receive the order. But they are, nevertheless, taken alcng and not consulted as to their wishes; and if all of them were to refuse to take any oath at ail it would be all the same. They would be taken along anyhow. And it would probably make no difference in their s2rvice. The oath is merely formally calling on God to wittess the man’s prom- ise that he will do certain things that he is already under obligation to do as a citizen of the country and a soldier in its service. It is no part of any contract to serve. The law makes the militiaman's contract for him. : Rights of Militiamen. “Whether the President could force the militia of the states to go to Cuba or Spain as an invading army is not a military, but a constitutional, question—a question of the corstitutional rights of the citizen and sol- dier, and of the constitutional power of the President over him. If the order should be given for the militia to go and the question would not of course be raised but if any should deeline to obey the ques- tion would arise as to the power to force them to do so, or to punish them for dis- obedience. The authorities are to the ef- fect that the power does not exist. It is held that the civilian soldier is only for the three purposes mentioned by the Con- stitutlon—to enforce the laws, suppress in- surrection and repel invasion—and that there is no power in the national govern- ment to use him otherwise. And each mili- tiaman can claim his rights separately and on his own volition; and this makes the state militia, used as such by the United States, an unsatisfactory part of an army in a war with a foreign nation, except that for temporary use in the commencement of the trouble they might prove invaluable, owing to the promptness with which they can be utilized to repel invasion and to or- ganize a volunteer army. “Whether a particular militia would go beyond what the law required of it would not necessarily be determined by its state, the governor of its state or its militia offi- cers. As already indicated, each man could and would determine for himself when the occasion arose. It is therefore, it seems to me, not safe to depend on them for any- thing except what the law requires of them. My observation and reading have led me to believe that they are as apt to fall a ttle short of their full duty under the law as they are to go beyond it—that is, to go beyond it by practically unani- mous consent; and if they are not prac- tically unanimous in such a matter and under: such circumstances they are worse than useless as a military force. That has been fully demonstrated several times in this country. In one notable instance that may be mentioned a large body of the mili- tia of Pennsylvania declined, under extra- ordinary circumstances, to'do what the law plainly required of them, and if it had not been for the tact and resourcefulness of President Lincoln their declination would probably have led to serious trouble and possibly to great damage to the fed- eral forces. The Unwilling Pennsylvanians. “It was on the occasion of the invasion of Pennsylvania by the confederate army, in the summer of 1868. One would have thought thut no loyal citizen of Pennsyl- vania would have raised any legal quibble no one among them should decline to obey, | SUNN . eM LU AR AAA 90% Dise + _ We have outgrown ourselves. As a fitting climax to our business at 1103 Pa. ave. comes this sale,— the sale of DIAMONDS, WATCHES AND JEWELRY ever known to the trade. UA On or about May 1 IA we remove to 935 Pa. ave.—Teel’s old stand, IVING AWAY Our greatly increased business demands increased facilities—we must have more room. Therefore we’ve leased that commodious building, 935 Pa. ave—Teel’s old stand—and will take up our residence on or about May 1. Never in our 52 years of business has such @ sale been attempted. fered a discount of 15 per cent—while this sale goes even farther. Our plain figure prices always show 20 per cent less than any jeweler in town. now make this stupendous offer— make up our new stock. Strangers in the city are invited to take advantage of this opportunity—such a chance During this sale goods will be sent “C. O. D.,” subject to ed States upon request. occurring but once in a lifetime. inspection, to any part of the U: F lamonds, Watches & Jewelry. : ount from Our Low Figures That’s the range of prices for the next 30 days. - buyer of 40 per cent, or $4.00 on every $10.00 purchase. We intend to open with an entirely new stock—so everything is to be cleared out. ei DIAMONDS, WATCHES, JEWELRY, SILVERWARE AND CLOCKS Castellberg,™ Bargain 1103 Pa. Ave., Next Star Office. Baltimore Store, 108 N. Eutaw St. OMA Established 1846. ~ I It is an absolute saving to every greatest We once of- We will Giver,” | IN went into the seryice of the United Stetes they would be required to go beyond the state line in case the enemy should be driven back or should go on into another state. This refusal op ,their part caused much trouble, and the question arose as to whether they should be forced to enter ihe United States service. But Mr. Lin- coln, to avoid the danger of a fight of that kind in his own army, proposed’ a compromise, to the, effect that the gov- ernor make a call of his own for militia and that these troublesome militiamen en- ter the state serv:ce unger that call. This was done, the governor's call being issued on the 26th of Jure, 1863. They served in the state service absut ‘one month, during which time some of, them fought in’ the battle of Gettysburg, and then were dis- charged and allcwed to go home without entering the United’ States service at all. The authorities of the federal government could not pay them of defray the expense of the organizations. without special legis- lation, because they were in the service of the state and not ofthe federal govern- ment. All this expense consequently fell cnto! the. state, the pay,alone amounting, fo nearly $600,000. The state was afterward paid this amount by the United States, un- der an act passed fot its relief, and is still trying to get the interest on the same, over $40,000, Many of the militiamen have had no end of trouble about their pen- sions, &c. A Reason for Doubt. “In view of this positive refusal of mili- tla, composed of loyal citizens of a loyal state, to enter the service of the United States on a call of the President (a thing trey were under legal obligation to do) when their state was being invaded and overrun by the eremy, one feels inclined to dcubt the crrectness of the opinion reeently expressed by many governors and adjutant generals of militia that their militia would not question the President's authority to send them to Spain or to Cu- ba if he should order them there. When the pinch comes it is possible that many thousands of individuals would fall back on their constitutioral right to remain within the territory of the United States as long as they remained merely state militia called into the service of the United States, and, of course, that would demoral- ize any army largely composed of them. The District Militia. “I do not think the militia of the District of Columbia is on any different footing from that of the militia of the states and territories in respect to anything I have said. I have not made a special study of the District militia, but it seems to me to be merely a kind of state militia, such as is the militia of the organized terri- tories of the United States. The militia of the territories has always been treated as state militia in every respect, notwith- standing Congress has exclusive jurisdic- tion over the country composing the terri- tories, the same as over the District of Columbia, and the territorial governments, like the government of the District of Co- lumbia, are creatures of Congress.” SIX GENERATIONS LIVING. An Indiana Man Who Has a Great- Great-Great-Great-Nephew. WOMEN AS NAIL DRIVERS. Their Failure in Such Work is Easily Ex; ined. Dr. I. N. Love, a St. Louis physician, says the St. Louis Pest-Dispateh, expresses his sentiments regarding women as nail drivers as follows: “Nature never intended that women should drive naits, but that they should have husbands to attend to such work for them. Women are to be houseke=pers, rot house builders. They are too emotional. That is why, as a rule, they are deficient in all things mechanical. When a womaa is of a math>matical turn of mind, it is an argument that her brain is more masculine tran feminine. . “Woman is anything but practical. From childhood her training is all in another direction. For this reason it is rarely we See a woman who can drive a aail without great effort or probable injury to herself. Tke attempt almost invariably ends in a bruised finger. The very fact that she can- not drive a nail is prima facie evidence that she is a womanly woman. “Man can acquire th2 ability to adapt himself to any condition by which he may be confronted. Most women, I believe, are deficient in this respect, but there is no tetling what energies, mental and physical, she might not bring to bear in case of emergency, if she were thrown wholly upon her own resources. “But one thing is certain. Whatever may ccm, woman will never be able to adapt herself to conditions as gracefully as man. She must be able to control her emotional centers and the power of con trol does not rest entirely with her intell2ctual self. It is something higher—something which can hardly be explained. = ee Diamond Stud as Apparel. Frem Case and Comment. A young man who had not found it con- venient to pay a tallor’s bill was brought up on a creditor’s bill by the cruel taflor be- fore a very kind-hearted vice chancellor, who liked the youth. He was handsomely €ressed and wore a costly diamond stud in his shirt bosom, but declared under oath that he had no property except his wearing apparel. The taiflor's lawyer claimed that a diamond stud was not an article of wearing apparel and asked for its surrender, but the judge ruled that the diamond button held the parts of the shirt together and its re- moval would lead to indecent exposure ot the person. Then the lawyer urged that the shirt was a new kind that butioned in the back, but the judge met this by saying: “The pre- sumption of the law is that shirts button in front, and the court does not judicially know that shirts ever button in the back. The court will not require the defendant to submit to an examination to rebut the pre- sumption.” And so the diamond remained in the bosom which cherished it. Prench Playing Cards. From the Pittsburg Dispatch The French authorities take almost as elaborate precautions in the manufacture of playing cards as the United States does in the production of bank notes. To be- gin with, the importation of the article is strictly prohibited, and the industry is submitted to so many special laws and formalities that the home manufacture is in very few hands. Each playing card is a combination of three kinds of paper, tresse, cartier and pot. This last, upon wich the indication of the suit is printed, is specially made by the government, which supplies it to the manufacturers. It is a fine, water-marked paper, and tre use of any other for the face of the card is forbidden distinctly. Moreover, the plates for tne court cards and for the ace of clubs are the exclusive property of the government, which delivers them al- ready printed, to be colored by th> manu- facturer. Having finished his cards the maker puts his name and address on each pack and sends it back to the authorities, who put a special label around it and ticket it with the government stamp. The menufacturer’s part consists in coloring the device of the court cards and of the ace of clubs, in printing and coloring the other cards on water-marked paper sold by the state, and in glazing, cutting and Pasting together the three papers that go to form the card. THE McKINLEYS OF IREL The Ancestor of the President for Whom He Was Named. Rev. George W. Pepper of Cleveland, father of Charles M. Pepper, The Star's Cuban correspondent, delivered an address at the celebration of the Emmet anniver- sary in Hartford recently, in which he re- ferred to the ancestors of President M. Kinley. Mr. Pepper was born in the sec- tion of Ireland in which they lived and knew all the facts. After paying passing tributes to a number of Irish patriots, Mr. Pepper said: ‘he same story may be told of Captain William McKinley, who dedicated his youth and manhood to the cause of Ireland. In his fresh and radiant youth he took the oath and was soon elected captain of one of the companies. He plunged into the red sea of war and fought, and fought most gallantly, for his country. He was tall and handsome, with so much frankness and vivacity in his nature that everybody loved him. Two of his uncles, because of their hatred of oppression, had emigrated to the United States, and from one of these uncles the distinguished occupant of the presiden- tial chair has descended, and the lofty deeds of his patriotic namesake and re! tives are among the brightest glories tre: ured by the McKinleys of Ireland—the sweet remembrance that one of their num- ber gave his life to make Ireland one of the commonwealths of the world. Captain McKinley was arrested and hung, and his head was seen suspended from a public building in Dervock. The patriot was buried in Derrykigan churchyard, and for years pilgrimages were made to his honored grave.” —_—_+ e+ ___ Original Sources. From the New York Weekly. Mrs. De Style—“Dear me! What a lot of sectety news you've got hold of—even to a full description of Miss Tiptop’s Paris trous- s:au! Where did you hear it all?” Mi: De Style—“At the symphony con- cert. If you want anything, try an ad. in she Star. If anybody has what you wish, you will get an answer. Stories of WIZAR food—his u From the Indianapolis Sentinel. Uncle Joseph Brown, the white-haired but vigorous and well-preserved transcript clerk in the county clerk’s office, is begin- ning to wonder how old‘he is getting to be. * in this anecdo- are told in the Easter number that illus- trate many strange traits of the inventor—his little need of sleep and = the D fe; e great nconsciousness of the flight of time—his ae creations, from a phonograph to a goutcure. This is sSoasregeagretonzenzeesezonreaseeseegeagencenceeceezens 39c. yard $| bur there was » consderanie musver: si | accived im the city yesterday and ietormed = PP ieee ot of personal sketches * Tomorrow only, 50 new colors, Silk-finished Henriettas. Worth Le eiahinet ig bt ig rer er me ed is bal eee seagate easton o Mark Twa 1 —quite new in treat- f ie: Gab Fee. oie ious ee ie yard Set ther Eeekie aie tripe teri boy out in Missouri.,/H4 brought with him 5 aS SEES area aoe ing made SP. a : a out for that purpose by the governor, June | ® Picture of the boy's great-great-great- P. resident McKifiley- inter. entirely of anecdotes brief 45-inch German Vigoureux Sviting. Worth 75c. For— ener hin ee ge hr plied om eves 92 a Sa Vata, fou eater esting bits of character study that and pithy—showing the charac- 59c. yard willing to take up arms to repel the in- Hannah Brown Nast!’ was born in 1787, make you feel better acquainted teristics that make the character 8c. Granite Suitings, in Blue, Gray, Tan, Brown and Green. | servics of the state for fear that if thes so tint ncie, 300 me Ce One are with them than would a lengthy of well-known people, Poeseco SRS ..-.. 69c. yard Ca cinws aeP PMS oe = === 11787 until 1898, of 44 years. Hannah biography. p 5 : r, Brown Nash was the,eldest and Joseph ¥ ‘ £ 10 pieces 48-inch Worsted Covert Suitings, all good colors. Brown the youngestiefa family of sae z : . ns : Reduced from $1.19 and $1.00 to.... ... 75¢. yard {SititresSoeivee ee ty, Mo, a WHEN THE KING OF SPAIN LIVED ; ; 75c. All-wool Checks, 45 inches wide, in Black and White, Brown and White and Green and White......... 45¢. yard Lansburgh & Bro., 420, 422, 424, 426 7th Street. Perhaps in your family you use but little whisky, but you Le that Z ON THE BANKS OF THE SCHUYLKILL little good—of the best. ‘The United Joseph Bonaparte once dwelt in’ Philadelphia—a genial host, a Age aod Party of every boule: ies doting father and most amiable comrade. William Perrine tells most entertainingly in the Easter number about the journing of royalty in this republic—with. its attendant hopes pe disappointments. 1325 F St. N.W. Burchell’s Spring Leaf Tea sold at 50 cénts a pound. If you taste it toe"enee, 12° you will the money it costs. 3