Omaha Daily Bee Newspaper, January 12, 1901, Page 2

for in our g1 CURTAINS to close present stock. 60c per pair—Curtains reduced from 70c Toc per palr—Curtains reduced from $1.50, 65c per $1.00. 8 palr—Curtains reduced from pair—Curtaing = reduced from r—Curtaing reduced from §1 Our sale we have ever made, ate our endeavor to sell the ing s pre WE CLOS] THOMPSON, THE ONLY EXCLUSIVE DRY GOODS HOUSE IN OMAMA. . 10TH AND DOUGLAS TS ¥. M. O. A. BUILDING, CO DELINOU ENTS IN VEBRASKA Charles H, Morrill, Surveyor at Lincoln, Has Several Vouchers Held Up. CADET TAYLOR OF OMAHA SKIPS ANITEM 1 Tele passed w number of of the several are compelled to nent ¢ WASHINGTON gram.)—Under a law vears ago, the auditors branches of government wend to congress a detailed stat delinauencies that accurr year. This report was made today. Auditor Andrews of the Trearury epartment that Charles H. Morrill, surveyor at Lincoln, had a number of vouchers held up because of his failure to get them into the auditor’'s office in time Cadet Taylor of Omaha also delinquent on one item but an indulgent seeretary waived the de linquencies and th ayment made before the fiscal y came to an end. In the internal revenue branch of the Treas ury department Jacob . Hout found delinquent on two items, which also walved. Auditor Andrews states that there are no unpald balances for the fiscal year endintg June 30, 1000, Auditor Castle of the postoffice branch of the Treasury d parment tells a difterent He re- ports: the following delinquents who have yet 1o settle with the government Nebraska—Horman, W $25L.85; Stuart, J. Harvey C. H: Temple, $2.34 Wyoming—~Diamondville, 618,92 Assures Nehreaska Elght #be pussige of ‘the house r ment Bl toduy by the senate in the un- “heardiof timf of five minutes, assures Ne- braska elght electoral voles, as at present, with six membors in congressional delega- tlons. As was anticipated, the senate com- mittee on censys, the moment the bill was reported 1o the senate, held a meeting this morning, and at noon Chairman Carter re- ported the measure unanimously without amendment, uand thew, when a favorable opportunity occurred, the bill was put on 1ts passnge. Merpeer Hurvies Back to Business. Representative Mercor must have heard from the meémbers of the house committee on public buildiugs and grounds in the last twenty-four hours, protesting against his continued absence, as it was stated today by Representative Gillett of New York, séntor member of the committee, that Mer- ceor would return to Washington on Mon- day to take up the public building bills, t Penn arly the whole day Jan (Special vor was was were Richards, $ i Hallam, F. Stovens, Vo apportions o8, Omaha Men G The house devoted tp invalid pensions, and when the com- wittee of the whole in the house on the state of the union rose, nearly 200 pension bills had been disposed of. Three of Sena- tor Thurston's bills were acted upon fave ably, pensioning . A. D. Wiswell of Ains- .worth, Charles A. Perkins of Omaha and Benfamin F. Trapp of South Omaha. A bill introduced by Congressman Robinson of the Third district fors Peter Lundberg of Wayne was also included in the list. Neville Likely to Re *Congressman Neville passed n very com- fortable night last night, and today for the first time in ten days was able to take a Httle noorishment. Judge Stark said that the conditicns were all favorable to his recovery The National bank of the Republic of Chicago was toduy approved as . reserve agent for the First National bank of Ban- eroft, In Rural free delivery was today ordered tpblished at Herman, Washiugton count Nebraska, 10 cover an area of thirty-six squere miles, With a population of 800, C L. Reld is carrier Heur Advocates of Irrigation, The house committee on public lands to- day gave a hearing to advocates of govel ment reclamation of arid lands. Repr sentatives Newlands of Nevada and Shaf- roth of Colorado, Director Wolcott Hydrographer Newell of the geological sur- ver. Dragged-Down Feeling In the loins. Nervousness, unrefreshing sleep, despons dA'nc{ s time you were doing something. The kidneys were anciently called the relns—In your case they are holding the reins and driving you Into serfous trouble, Thousands of testimoniais prove that Hood’s Sarsaparilia & purely vegetable compound, acts with the most direct, beneficlal effect on the kidneys. It contains the best und safest substances for correcting and toning theso nrfnn thoroughly clsanses the blood and stréngthens all the bodily functions, COUPON Present at Bee office or mall coupon Wwith ten cents and get your cholce of Photographic Art Btudles When ordering by mall add four cents for postage. ART DEPARTMENT, The Bee Publishing Company OMAHA, NEB. B it a2 % January Clearing Sale this year has surpassed any clear It shows SATURDAYS AT AGENTS FOR FOSTER KID GLOVES AND MoCALL'S PATTRRNS. 1 during the fiscal | and ‘I II h OM \ll.\ DALL Y BEE: SATURDAY, .TAVIYARY 12. 19 lo January 11 Saturday at clearing sale will be Curtains, reduced to about half price Read reductions: $1.25 per reduced from $2.60 $1.58 per §: pair—Curtains pair—Curtains reduced from per pair—Curtains reduced from $4.50. Now Is your golden opportunity to buy Curtains cheap. to us that the people ap- smgoods just as advertised, G ¥ BELDEN 3.Co. vey, spoke. Officers of the survey approved the principle cf gove nment reclamation, and explained the work being done by their agents in various parts of the west. Messrs. Shatroth and Newlands urged a favorable report upon the Shafroth bill providing for {an appropriation of $1,000,000 for land rec- lamation purposes in each of the arid land states. The committee will continue the hearing, and varlous western represen- tatives favoring the policy of reclamation will be given an opportunity to be heard Poxtom Discontinued. Postoffices at Fletcher, Adnah and Va 1 are to bo discontinued and mail will | to Herman The Davis-Larkin company of Chicago wa | awarded the contract for the comstruction | of the Blair postofiice today for $24,000. .. be sent rain Robbery a Capital Cri The senate judiciary commitiee today re- ported favorably the bill to make train robbery a capital offense in various terri- tories. OWE MONEY TO GOVERNMENT inhes List Have Falled r Accoun of Eixe | Who t The WASHINGTON, Jan. 11.—8ecretary Gage | today to the house a statement from | the auditors of the several executive de- | partments, showing what officers and ad- ministrative departments of the government | were at any time delinquent in rendering |or transmitting accounts. Included in the statement is a report from the auditor for “the State and other departments,” show- ing that the following late United States marshals upon final examination of their accounts have been found indebted to the government and have failed to pay the same into the treasury . 0. J. Carroll, eastern district, Carolina, $1,188. . 1. Crutcher, district of Idaho, $2,037, P. Bradley, southern district of Towa, sen North < 3 Guillotte, Louisiana, $7,562, W. H. Hawkins, district of Indiana, $165. J. W. Martin, western district of Louls- tana, $650. (', L. Stowe, southern district, Indian Ter- ritory, $1,866, W. N. Tisdale, $3,000 Balances are due on final settlement with clerks, United States courts, fiscal year 1900, as follows C. H. McClure, ments, $22,002 H. H. McMillan, ments, $28,981 K. 8. Boreman, ments, $6,042, D. €. Dun $16,701 ¥, H. Mason emoluments, $51 In all the cases mentioned showing bal- ances due from late United States marsfals and clerks, suit either has begun for the recovery of the amount due or the proper steps have been taken preparatory bringing of suits. eastern district of middle district, Alabama, Utah, excess of emolu- Utah, excess of emolu- Utah, excess of emolu- r, Utah, excess of emoluments, Massachusetts, excess of to ARGUMENT ON_ ON THE OLEO BILL we While Dairy- dorse the Measure, WASHINGTON, Jan. 11.—The senate com- mittee on agriculture did not succeed yes terday in closing its hearing on the oleo- margarine bill wnd continued today. B. S. Peters of Texas, president of the American Cotton Growers' assoclation, opposed the bill on tho ground that it seeks to discrim- inate in favor of one agricultural interest as against another, which Mr. Peters thought was unfair, Secretary Kuight of the National Dairy union followed Mr. Peters, coutinuing his argument begun yesterday. He thought the cottonseed oil product used in the manu- facturs of oleomargarine was comparatively small and that the passage of the bill, in bis opinion, could have but little effect upon the cottonseed industry. J. W. Jelk read a telegram from Collector Coyne of Chicago, in response to a state- ment made yesterday by Secretary Knight, in which the latter saidgthere are 2,000 dealers in Chicago who sell oleomargarine as and for butter. Mr. Coyne said in re- ply that he took it for granted that *Mr. Knight has evidence, or he fs withholding valuable information from the United States government.” The committee decided to ask Mr. Coyne for a more detailed statement. PENSIONS FOR WESTERN VETERANS, War Sutvivors Remem iene Government, WASHINGTON, Jan. 11.—(Special.)—The tollowing pensions huve been granted lssue of December 22: 4&11 raska Additional—-Sq Nelkon, 812, Restoration ar W. Lamb. Exeter, $12. Inc [/ Long Pine, $30; Peter 1 mah, $24, oW Original—John P $6: Daniel ¢ Grifin, Kenwood F crease-Lewls W. Thomas, Ze \\‘Ii m ‘;r" “I‘II. a«lxrl'“u 'y S widows—-(8pecial] Elizpbeth N buque, $8. . il H Shuth Dakota: 1 Miller, $12; Joh MeGhee, Doland, 3. Colorado: Original-Davis Hallock, #; Charles A. Arnold, Denver, 8. Issue of December 24: Towa: | Original widows—(@pecial) 1. Bonatdsan; Corwith, 8 (widows) ~Rebecea J Arbor Hil, 912, Accept Flag for @mblem. TACOMA, Wash., Jan. 11.—Alaska advices state that the Sitka Indians. including the Liagle, Crow and Frog clans, who have been quarreling over the use of totems and other emblems of thelr respective clans, have decided, after a long conference, to put aside their differences and make the American flag thelr tribal emblem. No Pay. red by the Rork, Tek Connor, Lenox, ik, ¥, In- ring, 917 Orlginal Du- easc—William Bates, Como, Anna War with 8j Needles (mother), Besema: No ‘\lILl\TLFR\\lLI GET HIS DUE| Benate Amends Army Bill Permitting Ap- pointment to Grade of Uaptain, SENATOR BACON TROTS OUT PRIZE BOGEY Replying (0 Democratic Fears of B pire Se r Platt of Connecti Says Ita Inspiration is Found In Partisan Politics, t Jan. 11.—In the senate today a vigorous attack was made upon that portion of the army bill which con- fers upon the president discretionary power to increase the strength of the army to the maximum fixed by the bill. Mr. Bacon | of Georgia began the attack and Me. Platt | of Connectlcut, replying, maintained that | discretionary power ought to be conferred upon the president, and expressed astonish- ment that anybody should entertain a fear that the pewer ever would be abused. Mr Bacon declared he would rather see his party condemned to universal and never- ending banishment from nolitical power than to see such authority placed in the hands of the president. An amendment openlug the way to the appointment of vol- unteer oficers to gredes as high as that of captain in the regular establishment was adopted, 24 to Just before adjournment Montana called up the bill the representatives of the among the several states. Without debate it was passed precisely as it came from the house. It now goee to the president for his signature. Mr. Danfel of Virginia offered an amend- ment providing that volunteer officers may be designated for cxamination, and those who establish their fitness may be appointed to the grade of captain In the regular army as well as to the grade of first and second leutenant, as provided for by the semate commitiee's amendment Mr. Proctor, replying, said that unfor- tunately the United States had no system whereby any officer or enlisted man in the army could be promoted for gallant or consplewous services. He believed, how- ever. that the proposed amendment would | operate as a great injustice to scores of officers in the regular army. The amend- ment was adopted, 24 to Bacon Fears Empire. . Bacon of Georgla moved to strike the provision that the president i1 his discretion may increase the number of corporals in any troop of cavalry (o cight and the number of privates to sev- enty-six He said he did not believe the president should have discretionary power to regulate the size of the army. Mr. Platt of Connecticut said none of the fear that seemed to worry some senators as to the increase of the army to 100,000 men. Such an army rould do the country no harm and it could not be considered a menace. In response to a question by Mr. Berry of Arkansag, Mr. Platt said he feared the pending bill did not confer upon the presi- dent the authority to increase the army from 58000 to 100,000 at avy thne That power. he thought, ought to be conferred upon the president Continuinz, Mr. Platt said he was aston- ished at the fear expressed by some sena- tors that the president would not exer- cise such an authority with due regard to the country's Interest. There peed be no fear that (he United States would ever bave a president who would abuso the power conferred npon him. He urged that the power (o increase the army be left ‘n the hands of the president, who ought to be regarded as a conscientious, able and atriotic man. { we would climinate politics and argu- ment for political effect from this chamber for a single day,” he declared, “I believe it would be the unanimous sentiment that there hould be some flexibility in the army. WASHINGTON, Mr. Carter ef apportioning United States out he had Byil to Mr. Platt, Mr he thought the country had fallen upon an evil day when a senator could rise in this chaiber and express views which he vegarded as dangerous to the liberties of the people and productive of one man power and It was an evil day truly when tho sena- tor reflected the attitude of the dominant party “The passing of Georgia senator,” the United States it is nevertheless of & bill by which Day. Bacon sald | Cou Replying ry ¥ this bill,”" declared the will mark an epoch in nators may scoff, but true that the passing the president ehall con- trol the size of the army 18 a march towarl empire. It is the evident purpose of the bill to eliminate for all time the volunteer system from the military establishment of the country and to create for all time a great standing army. “The issue is not to be evaled. Shall it be in the future the province of the presl- dent to raise armies or shall that be the province of congress? “I would rather see the party I belong to condemned to universal and never-ending banishment from political power than to see such an authorization of power placed upon the statute books.” oar Declares for Larger Army, Mr. Hoar expressed the opinlon that an army of 100,000 at present would not make the executive more formidable than he was by an army of 25,000 when that limit was fixed. He did not regard an army of 100,000 | as a menace, a8 that number, in his judg- ment, was far within the limit of domest safety to liberty. The bill in addition au thorized the president to reduce the num- | ber of the army still lower, but on account of the use to be made of that army he | would have (o vote against the bill. The | army bill was then laid aside and the house | apportionment bill passed without objec- tion. The senate them at 5:25 p. w. went iuto executive session and five minutes later ad- | Journed. BANNER DAY FOR PENSIONS House of Representatives Passes Nearly Two Hundred Private Bills at Single Sitting. WASHINGTON, Jan. 11.<Not since the Fifty-first congress has the house passed as many private pension bills at a single | sitting as it did today. In all 170 spectal pension bills were passed at today's session. | The most important was one to increase the pension of General Americus V. Rice from $36 to $100. General Rice was wounded | several times during the civil war and lost a leg at Vicksburg. He was formerly a member of congress from Ohio and was the author of the arrearages of pension act. The senate had passed a bill to in- | crease his pension to $60 and the house | raised the amount to $100 BOARD FAVORS GHAHLESTON‘nk. lots of coftee and tobacco slaves, I | Report, Now Made Pnblic, Recom- mends that Naval Station Be Located There, | — WASHINGTON, Jan. 11.—8ecretary Loog | and each time that 1 would go back to cof- cerning the establishment of a naval station | today made public the report of the board of naval officers, submitted yesterday, con- on the south Atiantic coast, and more par- ticularly with reference [ lative merits ‘of Port Royal or Charleston, 5. to Itching, blind, bleeding or protruding piles. Your druggist will refund your money If PAZO OINTMENT falls to cure you. 50 cents, the site for this station. The board re ommends in favor of Charleston, rein- forcing its views with an elaborate state ment of the advantages of that place ever | English shipping corporation, | highly re tonished to find that In a few days I had no {and bvegan to eat food of most an - | desire (o go baek | well, and there Port Royal. A dissenting view is presente: by Rear Admirl George Sumner, favors a retention of the paval station a ort Royal The majority Admiral Frederick Rodgers voard; Captain George A Engineor C. E. Asserson, ter J. H. Linnard, Commander E and Lieutenant Commander 8. A rébort is signed by Rea Converse, Naval Con: H tanton Civi THE HAY-PAUNCEFOTE TREATY Republican Senntors Express W That Great Britain Wil Amendments. . Acerpt WASHINGTON, Jan. 11.—There is a grow- especially ing belief in the senate, among republican senators, that the amend ments to the Hay-Pauncefote treaty wil be accepted and that this step will be tak and canal bill, it desired, before adjournment It is even asgerted by some senators tha assurance to this effect has been received from high British' authority Senator Morgan today denied in empbatic terms that he had recelved any cation from ing him that commuri the State department notify Messrs, Forward & Co., had formal protest to this government agains the use of the San Juan river as a part of the proposed Nicaragua canal system because of a concession from Nicaragus to that company. He said T have recoived no communication what ever from the State the concession to Forward & Co., Atlas company, and 1 am sure member of the committee on canals has recelved any such notice, have 1 mado any statement, or that to the effec that the claims of the Atlas company are nor th anyone concerning legal, as T am reported to have done, any other siatement the grant." At the State department it is denied the! is such a communication there Continuing, Senator had known all the time had made a concession pany, granting the right to San Juan river, but that it been his understanding t Nicaragus claimed that the concession does not in way Interfere with h right of the river for purposes of that to the Nicaragua Atlas com had navigation. Explicit conditions are made in the iustru- ment for provision for the The Alabama senator is still hopeful tha the canal bill will be acted upon the present session of congress exvects it to be taken up and to Whenever should occur this session. The r publican steering committee of the senate has not yet taken signing the canal senate calendal have expressed a willingness to do 8o, In some cases this promise is coupled with the condition that Great Britain shall ac cent the senate amendments to the Ha Pauncefote treaty, any bill but a formal place step a upon MISDEMEANORS IN THE ARMY | Wood ted Me able Dixcha Genernl Helleves WASHINGTON, Jan, emanating from the Department contamn the records of twenty-two martial of privates, charged with drunken. ness, absenca without leave, and other offenses “to the prejudice of good order and -military diseipline.” 11.~Special General Wood recently called attention to (p6 mumber of misdemeanors o his belief that the were taking advantage of the dis- provious convictions by within a year” to get out Out of the twenty-two cases | the increas this g enlinee wy, article pie charge after summary cou. of the sery above referred entence of proved. 7 tatedyoy W5 for a dishonorable iy to only in Alshonorable six was discharge the dlscharge, but proved by ment at hard labor In Bringing the Hoys Back WASHINGTON, Jan. 11.—The ome. General MacArthur at the transport Mi of the Thiriy-seventh and that the transports arrived at Manila yesterday. volunteer infantry, Long Will Not Oppose Honr, WASHINGTON, Jan. 11 today made known to bis friends that would -not be candidate against Mr. for United States senator and at the s time took occasion to express the that Mr. Hoar ought to be re-elected. he TIRED THREE TIMES To Fit Coffee to a Sensitive Hody, There are great numbers of highly organ- upon whom coffee acts as a ized people clearly defined poison. In some extreme cases the poisonous effects will show from three to five minutes, the body but the effects are very sure, and disease that is difficult or impossible to be rid of. Mrs. J. W. Grant, of Deepwater, coffee. any time and many days could not eat all. I would drink a cup of coffce and try to eat a little bread “1 knew the coffee was hurting me, but 1 aid not seem to be able to take anything else. Jnst the mioute I took a swallow of coffee my body, my wrist back of my neck got so bad that I head on my hand while drinking my cup o coffee. “I would frequently door for breath, faint away. I got so I could scarcely si up to cat my little breakfast. So it wen on until 1 ran into nervous completely stomach. 1 called in physicians, who told ‘me I must travel, and gave me but encouragement of getting well have to run to the “A friend told me my trouble was coffee; I didw't believe it, but for some reason | concluded to stop drinking coffee and tr: the Postum Food Coffee that mmended. 1 was greatly as more of the nervous &pells at breakfas and o y kind “I began to recover very quickly, bu thought 1 would like to try the coffer again, so 1 started In on it and the old trouble came on. I stopped again and wen to Postum and began to improve in health 14id this foolish thing three different time fee 1 would run down in health and wa threatened with the same old troubles. 1 finally learned how to make Postum s well by letting it boil long enough, | tasted as good as fine Java coffee | trom that time on 1 have coffee. 1 tha! to am recovery is due entirely of coffee and using Postum Food Coffs president of the ruc- Leutze et ‘n in sufficlent time to permit action upon the an made department concerning the no isthmian Nor Morgan said that he navigate the always ny to make use during he the #ubsidy bill is disposed of if that eventually as- the some of its members orders of Cuba courts- forging passes ap- In théee of the others the prisoners were sentenced by the court to dishonorable these sentences were disap- the department commander and | mitigated to forfeiture of pay and confine- adjutant general received a cable message today from nila, saying that heridan sailed yesterday with twenty-seven officers and 654 enlisted men Logan and Lenox Secretary Long Hoar ame belief in in other cases a long time is required, and in some cases can stand the effects for years, many times result in a fixed condition of organic Mo., writes interestingly of her experience with “After ueing coffee a number of years and gradually falling in health, I got 80 I could eat but very little breakfast at at | nerves would begin to tingle, a | weak, faint sensation would run all over my would have to hold my feeling as though I would prostration Nothing would stay on my little had been so and never had any now 18 no question but that my to the leaving off via| WHERE PORTO RICO STANDS t " | Attorney General Grigge Concludes Argu- 1 ment for Government in Colony Cases. ), G. CARLISLE APPEARS FOR APPELLANTS Ex-Secretary in Cleveland's Cabinet Makes Best Possible Presentati for the « Conntit WASHINGTON, ) eral Griggs resum his argument the United States supreme court continuing his stagement of the position of the government as to the ru of uniformity in tariff and internal revenue taxes He ingisted that the application of the internal revenue laws-to Porto Rico would be unwise and in many places unprofitable. A rule of uniformity in internal taxes, he sald, could be established when to be aj plted contiguous states, as the states wers governed by similar laws and similar conditions. But when it came to applying these taxes to widely separated territories \lnl!nl:l[l! by polygamous races, wide dis- {cretion was necessary and to (ndeavor to ap ply system of Internal taxes would be rather applylng a straight jacket than a constitution. Fo, he said, the correct rule required us to consider the uniformity of the stat but diversity was the necessary rule as to territories because of diversity as to geography and raclal characteristics observable in the territories. Continuing, he sald, congress should have Gen beto n. 11.—Attorney 1l t d t n a t people could bear. “We have been so long accustomed to regard the United States ac cording to its old lines,” sald Mr. Griggs, “that It is almost a wrench to consider that | thero is now United States territory within the arctic ciecle and In the islands of many It the expansion should result in a larger comprehension of the duties and necessities, the possibility of enforcing an ironclad rule of wuniformity overywhere should be horne in mind.” son A “ Congress May Var . As {o internal revenue dutie there was never an objection to the of congress in falling to extend ternal revenue laws. In the annexation of ¢ | Hawail, when the local laws were left in force, there was then not a single objection ralsed as to the constitutionality of the proceeding. The varylng taxes which states may levy, in the opinfon of the attorney general, indicates that congress had similar power to vary taxes The at v general reviewed the history of the internal revenue legislation, showing that the first tax on distilled spirits was applicable only to states, and a subsequent act extended the provisions (o the ritories, Subsequent similar legislation re fers to the states and territories and the District of Columbia. In the Alaska legisla- tion it was cited that the internal revenue laws were not extended at first and when excise laws were extended not all of such duties were made applicable Referring to the fact that there were dif- ferent rates of taxation applied to the In- Qians, the attorney general said there was no warrant in law for one rule for a tribe of red men and another for a race of brown men or a race of black men. As to the future, he said we must con- sider the possibility, not the probability of the acquisition of Egypt, the Soudan, 1| Ceptral Africa, China or a spot in the Antarctic circle and the classes of people who may at . ny future time be entitled to citizenship. The powers of congress to legislate - were amply ssufficient .40 permit the settlement of all such contingencies. The attorney general concluded by io- sisting that no private right would be con- served, but that the rights of the govern- nent will be hampered by the success of e [the contention of the plaintifis. Carlisle Argues for Plaintifis, Hon. John G. Carlisle, chief attorney for the plaintiffs, followed Mr. Griggs. He be- gan by saying that he would not discuss questions of policy, as the nged to another forum. The questions were to be settled only on the constitutional grounds He sald he had been unable to form an opinion as to the exact contention of the government. First, however, he believed the contention was that the island of Porto Rico did not become a part of the United States either by the signing of the proto- col or the ratification of the treaty of Paris, that there was a condition existing which placed the islands under the general protection and jurisdiction of the United States, subject to certain limitations that during a period between the acquisition of :|the territory and the passage of laws by congress the island might be governed by the president subject to laws of war and that the island did not become a part of the United States until admitted by con- gress and until such time congress may legislate for the islands. From this, it is argued, he said, that not being a part of the United States, congress has a right to say what taxes may be levied and col- lected. Mr. Carlisle first took up the conditions that led to the taking of the islands and read from proclamations of Generais Miles and Wilson, showing that the occupation of the island was meant to be permanent The cession of the island by Spain was complete. The justice asked if the presid acquire territory without the assent of the treaty-muking power, but Mr. Carlisie sald he was arguing that peace was ob- tained after the signing of the protocol, that there wns then no war and that the president could only create a de facto gov- ernment and have it governed. While the constitution imposed the duty upon con- gress of regulating commerce, yet since the signing of the peace protocol the press ident, he said, has exercised the powers of assessing duties and carrying out all the duties of congress. Mr. Carlisle said the real question was not whether the constitu- tion extended Rico, but whether it extends aver the con- gress, the president and the cabinet. The contention Is that the constitution protects | every person in the land In his personal and property rights as a citizen. When a government takes from a man more than |it should it 1s not taxation, but it Is taking t | t sald action the in- he f burning and aching, the hurting, until it finally t glving him no compensation for it Applieat of Constitutio On the point that the not a vart of the United States Mr. Car- lisle read a history constitution showing that first It was the { | intention that “all acts and treaties” should be the supreme law of the land. This was | before the word ‘“constitution” had b | introduced and he took it to mean that was the intention (o have the constitution ? | to apply to all parts of the country whether 2| in the states, or simply in territory he longing to them. Mr. Carlisle argued that ¢ | the constitution must be interpreted as whole and must enable (he government (o o | accomplish all the purposes for which i 1| was framed. It must be considered ¢ | entire to which all the agents of the gov- ornment must look for power. International law. he said, could not govern any of this government, but the court could look to it for defining what the constitu tion means. There would be o | tions. he sald, in the interpretation ¢ [ counsel. on the other side for and defining the powers, and caring (er rights of citizens, and the other foi territories, gIving o rights. Upon the stitution there bas been construcied & ystem of laws governing all stutes and territories and from the first the congress . a y 8 two co; today, | discretion to impose only such taxes as the | t might | to the Inhabitants of Porto | his property without due process of law and | territories were | of the framing of the | itu- | of the | between tra has made uniform laws for traffic states and territories dition, bankruptey and naturallzation lay On the latter peint ald that in the Interpretation of the government there wer sitting courts the United States in a territory g citizenship in the United resident on five year of habitation in territory outside the United | stat | Mr direct on sty been as well a8 ¢ he outside anting to a both tnid bad | ns ot | rlisle took ad Indirect os and laid on well as st the position that bad been territories, and duties imports into territories Under the contentivn the government that territories were n part of the Unite might be | taken that moods could go tree from Porto | Rico to Alaska, but the cu x for 1 ar taxes [ States it this is not ent se. Purposes That the tax | dented. but i local purpose Mr. Carllsle 1 Porto Rican act e duty and t was was denominated a tax for of the rates of ad the portions tablishing the disposition of the moneys col lected as a basis for his complete argu ment and said the court would see that on all goods from (he United States to Porto Rico there should be levied 15 per cent of duties on foreign goods with the in ternal revenue of Porto Rico added, aad that oods from Porto Rico to the United | States enter upon the pavment of 15 per | cont of the customs with internal revenue | added when the goods are of Porto Rican manutacture, when goods from other co tries paying the Porto Rican internal revenue may come in without other inter nal revenue ‘We insist.’ an imuort duty under which the government goods and held them on their | Porto Rico until we paid it | form of u tax “An fmport,” said he, “is something com |ine from a foreign country. Porto Rico cannot he a foreign country, for its courts send appeals to this body. 1t is, the fore. not an import tax an export tax on goods sent out of theso states, and there are two specifications against such export duties.” Opinions of the court were read to show that that tribunal had held that no duty might be paid om exports from state 10 another, as to a foreign country. No ¥ ollowing This is overcoat Sale day with us. There will be some left after the Store Closes This Evening, but we are not going to Carry Them Oves Drop in Monday. CONTINENTAL CLOTHINGC CO. E. CORNER 15(h AND DOUGLA 1f we please you tell others—If we don't tell us. Dr. McCGREW Ofce open m. to O p.om. 06 p. m. CHARCES LOW he added, “that We ohject this is not the form seized our rrival at tribute in the | to is, but ntin usly from S a. Ays from S . m. one wer t vy Export Du this Mr. Carlisle argued that 1ld be no export duty and sald that there must be fixed some time when Porto Rico ceased to be foreign territory and that even with that point he urged that the tax must be considered unconstitutional “It congress could levy export duty,” he sald, “there could be as many rates as there are states or territories, for there is no { provision for uniformity of export taxa | tion. Argument was made that the tax was N export tax and as such in direct violation of the constitution of the United States. This tax, he sald, which under this w i just as general as a tarift law, is | in the ald to be a local tax. It is collected | BASES everywhere, in every state and every terri- | ONLY tory. How can it be called local? 1s the [ in @ fact that the proceeds of this tariff are to | v‘muncfl_fi A"D “YDHOGELE be used for certain purposes of P COl Lhrid more (on | A PERMANENT CURE GUARAN sequence than that the tax Is laid Arst |y 1 aoss THAN 10 DAYS. and appropriated afterward in proving | ting, pain that (his Is a local tax? More than half the general duties are, he sald, collected at New York. It is not a local tax, but a tax the proceeds of which may be used (Dr. McGrew at age 62.) THE MOST SUCCESSFUL SPECIALIST treatment of all forms of I AND DISORE 20 years' esper e, 15 yenrs s")mu In_all stages and conditions cured and every trace of the dinease s thoroughly elimiriuted (rom the 00! No “BREAKING OUT" on the skin or face or any external appeaiances of the discase whatever. A treatment that Is more successful and far more satisfactory than the “Hot Springs” treutment and at less than HALF THE COST. A curs that is guaranteed to be permanent for life. WEAKNESS o, ot . middlease men. LOSS OF MANHOOL Night Losses, Nervous Debility, Loss of rain and Nerve Power, Forgetfulnos: Bashfulness, Stricture, Gonorrhoca, Gle OVER' 20,000 CASES CURED, RECTAL DISEASES %t piratment for dls. eases of the rectum has cured where all athers had falled. Fissure, Ulcers, Pile anu ~11 chronic diseases of the rectum. Im- mediate =ellef and & permancnt cure ls made without cutting or pain. The cure fa quick and complete. CURES GUARANTEED, CHARCES LOW Comnultation free atn by mail Medicines sent everywhere free (rom gaze or_breakage, ly for u Office hours: 5 a. m. to 9 p 8 a. to5p m P over 215 South 1ith St and Douglas Sts., OMATIA. NJ "z A BEAUTIFUL WOMAN I8 often distressed Ly Gray or Bieached W Imperial Hair Regenerator 18 the only sute and harmiess remedy for sither Tty ahwolutely safe. easily Appiied, and Jeaves the e ot dnd giossy |11y unsiale Beard or Muatac NE APFTICAT DATs MoNTIHS of Yl colored free amphiet WERIAL CHEMICAL MFG. 0., 22 W. 234 St., New V= d oy all druggists and hairdresser “We deny,"” he went on, “that congress has any right to impose any such tax upon the trade between the states and terri- tories. Congress may regulate commerce and may govern the territory, but under the guise of governing that territory may not govern the states of New York or Penn- sylvanin, When-it places a tax upon the goods ‘taken to Porto Rico it Is govern- | ing the state. The Timitation must follow every power. Limitat ower egisinte. \ AT ‘The power of congress to legislate must be subject to all the limitations of the con- stitution. Had it not been that African slavery was involved, Mr. Carlisle said in conclusion, there would have been no dis- sent from ihe decision in the Dred Scott case. Now we have a case with the negro eliminated. We have a case where citizens are taking their property into a territory of the United States but in which there is no conflicting point like slavery. The condi- tions are changed. Then the unlimited power of congress was urged by the advo- cates of slavery, now it is urged by the advocates of freedom. It It is true that there lfes this arbitrary power in the con- stitution we ought to be delighted that it was not discovered for more than 100 years, until we had a country made up of free states and filled with free people.” He did not believe that the framers of the constitution ever meant to give to con- gress unlimited power over the lives and property of the people. When Mr. Carlisle concluded Senator Lindsay of Kentucky be- gan the argument for the plaintiff in the next of the Porto Rican cases, that of Huus against the New, York and Porto Rican Steamship Company. The case {5 whether or not congress has the right to make the trade with the islands | coasting trade or forelgn trade. m, Sundays 6. ~Office TFarnam RENOVATOR invigorutes and renovisles the Nystem: puriies and enriches the blood; cures the worst dyspepsia, constipation, headache liverand kidneys. 26c and §1. atdruggists. Free R udvice, sample and Hook R Dr. B. J. Kay, Saratogs, N.Y' AMUSEMIENTS, President Resting Com WASHINGTON, Jan. 11.— president is reported to be fortably. The improvement tion continues ABSOLUTE SECURITY, Carter’s ' Little Liver Pills. Must B St Tl Sea Fac-Slmlle Wrapper Below. Tonight the resting com- in his condi- A Show that Dellghts ¥ DUPONT and LOTHIAN SA VISt to Aunt Mariha JARDNER and VINCI THE PANTZER TRIO, wisiod Ly Mre, Carl Pan TENLEY “and MONDS MALLORY BROS and BROOKE NETTIE CARROLL, ne changing—ivenine wall o art of” how Sare few Prices oy | served s e e | ehildren, 10c urday _and lr.‘\\fl [ gaiter Bunda it excepting front B()YD’ | \yoodward & Durgess, Mgre Tel, 1919 TODAY TONIGHT, ¥l st of All Groat Romances thony Hope's Masterpie PRISON-R OF ZENDI i, RANIEL BROIN AN PRODUC -An gnature of I PRICH- dac. e MONDAY - MAT. SUNDAY HOWARD GOULD, HENTZAL DAY M, RUPERT OF Fvening prices Matiner price Very small and as sary 'R " Telephouo 2 FOR NEADACHE. s GRSt '\.,m o FOR DIZZINESS. e s VAN bR B s FOR BILIOUSRESS, 3 0 1 | } FOR TORPID LIVER, ) | FOR CONSTIPATION. FOR SALLOW SKIN, FOR THE COMPLEXION TONICIT. aht Frow MAJESTICH. Whniney Mockridge CGoncert Company " Association Course Boyd’s Theatre, Thursday, lanuary 17, at 8:15 p. m, Mockridee, G Y, wopr price, 10c, aftérnoon 1 NI n suthly by ove i, $1.0% 7 sawple apd particuln ¥ 258 Woodward ave., Letolt, Mich. ala Kuhn & Ce., 16 & Douglas. Aay s LungBalm curesevery ki of cough, lu krIBpe. bronehitis Kare throwt eioup. whos W ete. Never | deranges thestomach. At Deaggists, i0 Omaha by Whiine | viotnist Mockridge Re Jx. ¢ tenor MeClove ompanist A o, Hass, B Mi Mrs A On rale at at boaom. .