Omaha Daily Bee Newspaper, December 3, 1901, Page 1

L e ESTABLISHED JU FIX INSULAR RIGHTS Ceurt's Decisiens 1"'1,,"_ Philip- pine Tariff Law. ISLANDS NO LONGER FOREIGN TERRITOn. prem 7 U8 " o Jonse to Be Alien When Spanish Yields te United States. BECOME AMERICAN AT THAT MOMENT the Yankees' Tariff Rights Till gress Aots. EARLY LEGISLATION IS LIKELY TO FOLLOW | Senn 4 Nepresentntives Wil Speedily Neek Negulnte Our fons with the . 3 Commercinl Re orts of the Archipelngo. WASHINGTON, e wendered in the United State today in the last two of cases. One of them was “The Fourteen Diamond volving the relationship of the United | Btates to the Philippine islands from | tarift point of view, and the other what ie known a« the “Dooley case No. involv ing the constitutionality of the collection of duty on goods shipped from New York to Yorto Rico In the former case the court, through Chief Justice Fuller, held that the dlamond rings brought in from: the Philippines and over which the case arose should have been exempt from duty under the Paris| treaty of peace, ns the treaty made the| Philippines United States territory The decision In the Philippines case fol- Jowed that of the last Porto Rican case of the last term. In the Dooley case it was held that the duty collected on goods car- ried from New York to Porto Rico was per- | miseible, but that in reality it was a tax for the benefit of the Porto Ricans them- | ®olves rather than an export duty, as was clatmed by the merchants who antagonized the government in the case Dissent in Opinions. Opinions the jusular that knowm as| Rings’ case, In- | In both cases there were diasenting opin- fons concurred in by four of the nine jus- tices of the court. Justices Gray, White, Shiras and Me- Kenna united in dissentiog from the court's opinfon in the Philippine case, but they filed no written statemcnt beyond a mere | note, in which they merely stated that thay “dissented for reasons stated in their opin- fons in the case of Delima against Bidwell in the last term of the court The decisions were rendered in the room of the senate committee on judiciary, where the court is sittiog temporarily, and | owing 10 the limited space there were com paratively few *persons, and those lawyers, present. The delivery of the opinions in enigf, witlrthe Tedttox of ‘the iment'ng opinion, consumed a little more than an Bour of time and was listened to with the closest attention. Foraker Act Upheld. gonerally helleved that the finding Philippine case will lead to early efforts to secure leglslation for the regu Iutlon of our commercial relations with those ixlunds. As the Porto Rican opinion sustaius the constitutionality of the Foraker act no such necessity will arise with reference to Porto Rico. The dlamond ring case is one of the two Important cases left undecided by the court last term, when it decided & number of cases Involvink the customs relation of the United States with its insular possessions. The cases decided at that time bore en- tirely upon the relations of this country with Porto Rico and this was the only case of a large number which were then argued and considered which Involved the rela- tions of the United States with the Philip- piues. The other case Involves the right to fmpore duties on articles exported {rom the United States to Porto Rico. Much interest has been manifested in this Philip- pine case, because of the probability of leg- | inlation relating to the Philippines at the | approaching session of congress. | Rings Selzed hy Customs OMcl The record shows that Pepke, who was | the respondent In the court below, was a soldler In the army of the United States tn the Island of Luzon; that while there and after the ratification of the peace treaty he purchased the fourteen dismond rings which are involved in the case. He afterward brought these rings while still in the serv fce of the United Stales aboard the United States vessel transporting his regiment to San Francisco, where he was mustered out. Later he came with the rings to Chicago, whore the rings were sefzed by the customs officers under the claim thut the Philippines were forelgn territory and mercbandise brought from those islands to the United Btates was subject to customs dutles, which were not paid by Pepke. Pepke set up the elalm that the imposition of duties upon merchandise under the circumstances was contrary to the constitution of the United States and in violation of his rights as a cltizen. The case came to the supreme court from the disirict court of the United States for the northern division of Illinois. In that court the facts set up in Popke's plea were dmitted by demurrer filed by the United States, and that court sustained the de- murrer, overruling the plea and entering Judgment against the merchandise thus sefzed and directing that it be sold in ac- cord with the law and from this decision the present writ of error was prosecuted. Forelgn with Re Tarl 1t s in the pect to After Stating the case extensively Chief Justice Fuller quoted at length from the op'nion of this court in the case of Delima | against Bidwell. Hls priocipal quotation from that case was the paragraph setting forth the theory that a country remains foreign with respect (o the tarlff laws until coogress has acted by embraciug it within the customs. The opinion then continued | as follows | ‘No rcason 15 perceived for any different ruliog as to the Phillppines. By the third article of the treaty Spain ceded to the United States the archipelago known as the Philippine {slands, and the Upited States agreed to pay to Spaln the sum of $20,000,- 000 within three mouths “The treaty was ratified propriated the money, proclaimed. The treat executive power, curred n the completion tlon congress ap- the ratification was -making power, the legislative power, con- of the traneac- Come Under Our “The Rhilippines (hereby language of the treaty Coasing to he Spanish foreign coumtry. ceased, in the “to be Spanish.’ | they cease (o be They came under the) { bave voted to ratify | ports THE OMAHA DAILY BEE. NE 1 13 omplete and “overeignt and &0 bes United Sta of the 1 government dominion of I} ame territory which civil liehed “The was the same. was no atipulation that the native itants should incorporated into volitie, and uring to them the “hi to choose their nationality. = Their ance became due to the United States hey became entitled to its protoction “dut it Is sald that the case of the Phil- Ippines is to be distinguished from that ot Porto Rico bec on February 14, 1869 after the ratification of that treaty the senate resolved that by the ratification of the treaty of Paris with Spain it is not in- tended to incorporate the inhabitants of the Philippine Islands into citizenship of the United State nor to permanently an- nex_ those could States over be estab- resul nhat he bod none use et Islands. We need not consider the force and of- fect of a resolution of this sort, if adopted by congress, not like that of April 20, 1868 in respect 1o Cuba, preliminary to the dec- Inration of war, but after title has passed by ratified cession. It is enough that this vas joint resolution, that it was adopted by the senate by a vote of 26 to 22, mot two-thirds of a quorum, and that It fs ab- solutely without leg anestion before uk. The meaning of treaty cannot be controlled by explanations of some those it the subsequent of who may Sennte's Treaty Intent. “What view the court might have taken of the intention of the senate in ratifying the treaty we are not informed, nor is 1t ma- terial, and i any implication from the ac- tion referred to could properly be indulged, it would seem that two-thirds of a quorum of the senate did not consent to the ratification on the grounds indicated. “TC is further contended that a distinetion exists, in that while complete possession ot Porto Rico was taken by the United States this was net @as 1o the Philippines, because of the armed resistence of the na tive inbabitants to a greater less extent. ““We must decline to assume that the gov- ernment wishes thus to disparage the title of the United States, or to place itself in the position of waging a war of conquest. Insurrection Does Not Affect Title. ““The soverelgnty of Spain over the Philip- | pines and possession had existed for a long series of years prior o the war with the United States. The that there were insurrections against he or that uncivilized tribes may have defied her did not affect the validity of her title. She granted the islands to the United States, and the guaranty in accepting them took nothing less than the whole grant. If those in Insurrection against Spain continued in insurrection against the United States, the legal title and possession of the latter remained unaffected under claim of title “We do not understand that 1t fs claimed | that in carrying on the pending hostilities the goverament is seeking to subjugate the people of a foreign country, but on the countrary that it is preserving order and suppressing lasurrection in territory of the United States. “It follows that the possession of the United States is adequate possession un- der legal title, and this cannot be asserted for ome purpose and denied for another. We. dismiss the suggested -distinetion .us untenable. But it Is sought to detract from the weight of the ruling in Delima against Bldwell because one of the five justices concurring in the judgment in that case concurred in the judgment in Downes ugainst Bidwell Not Held to Be Foreign. “In Dellma against Bldwell Porto Rico was held not to be a forelgn country after the cession and that a prior act exclusively applicable to foreign countries became in- applicable. To Downes against Bldwell the conclu- sion of a majority of the court wus that an act of congress levving duties on goods imported from Porto Rico into New York, not in conformity with the provisions of the constitution in respect to the imposi- tion of duties, Imposts and excises, was valld. Four of the dissented from and five concurred, not on the same grounds In this conclu- sion. The fustice who delivered the opin- fon in Dellma's case was one of the ma- jority and was of opinion that although by the cession Porto Rico ceased to be o forelgn country and became a territory of the United States and domestic, vet that it was merely ‘appurtenant’ territory and not a part of the United States within the revenue clauses of the constitution. [ “This view placed the territory, though not foreign, outside of the restrictions ap plicable to interstate commerce and treated Ju on of Interstate Commerce, | the power of congress when affirmatively exercised over a torritory, situated as sup- posed, as uncontrolled by the provislons of the constitution in respect to national tax atlon. The distinction was drawn between . special act in respect ountry and & general and prior act only applicable to countries forelgn to ours in every sense. Tho latter was obliged to conform to the rule of uniformity, which was wholly disregarded in the former. “The ruling In the case of Delima re- maulned unaffected and controls that under consideration. And this is so notwith- standing four members of the majority in the Delima case were of opinion that Porto Rico did not become by the cession sub- jected to the exerclse of governmental power in the levy of duties unrestricted by constitutional limitations. Decree re- rsed and cause remanded with directions to quash the information Second Dooley Case s 1 fded, The United States supreme court today dgcided the second of the Dooley vases, in- volving the constitutionality of the law of April 12 providing for the collection of duty on articles shipped from the United States inte Porto Rico. Decislon was rendered by Justice Brown. The government is sas- tained in the second Dooley case. In the Dooley case Justice Brown's opin- jon held that as Porte Rico is not foreign territory the goods shipped to Porto Rico are not exports, but whether exports or im- the wide range of congress in the mnatter of taxation was sufficient for a con- tingency of this character. At best, he said the duty was & temporary expedient, and as 1t was explicitly provided in the Feraker #ct that the it was held that the Foraker act was merely legislation in the interest of Porto Rico. The Foraker Act was Sustnined The Foraker act was sustained on the grounds lald down in the Downs case, another of the insular cases decided at the last term. The decision of the lower court was afirmed. Justice Brown explicitly sald that the opinfon was not to be coustrued as a justification of export dutles. Justice White acquiesced in the result, but de- livered an independent decision. This case grows out of the imposition of tariff duties | on goods shipped from New York to Porto | Rico May 1, 1800 to October 23 of the samo year under the act of April 12, 1600 pro- (Continued on Second Page.) significance upon the { fact | members of the court | though | orto Rican legislature could | | change the character of the enactment although there | | OMAHA, TUESDAY 'STATE TREASURER REPORTS |ALBAN Hoard ™ of ational Lands Uninvested ¥ manent Money in in State House Vault, aft apondent.) LINCOLN, Dec. 2.—(Special Telegram.)— The gemi-annual report of Treasurer Stuefer for he six months ending Novem ber 30, showing the condition of all stat funds, was presented to the governor this afternoon and by the latter official was glven 1o the newspapers, togeiber with a certificate signed by three members of the Board of Educational Lands and Funds, in which it is stated that all uninvested per munent school money is in the vault at the state house. As shown by the urer's report, the total balance of the four permanent educational funds Is $13,171.20 The total of all money in banks, as current funds, is $335,2 grand total of all balances of The certificat El (From a $ A7 of correctuess for the invested school money is signed by Gov ernor Savage, Secretary of State Marsh and Attorney General Prout, all of whom devoted the afternoon to counting the un- 18 | | | | | | | | to the particular | money and checking over the hooks in the treasurer’s office. Mr. Stuefer in his erence to the Burt bond deals The certificate in full read We Boutd hereb, report and makes no ref- Cuming and treasurer's statement the undersigned of Educational certify that he cash in_ th mount on han 0. We have purchaged an and find the plance with th BZRA P, PROUT Attorney General, L W. MARSH, cretary of Stafe Treasurer's Repor: ixeellency, of the Funds members Lands and we have this day treasury and find the wald trea recuritios ounti v in watisf F. N GEOR His ra P. Sav- Nebruska: provision Honorable age, Governor of the State of Dedr 8ir—In_compllance with a of the constitution of the state of braska, 1 herewith present my semi-annual report Showing the receipts of tne (reasury from all sources and the disburssments for all purposes from June 1, 1901, to November 30, 1901, inclusive. These receipts hibited in the Ing 10 disbursements are ex- several funds by the follow= Snmmary. Dis- ¥ Durse- me Balances June 1, Funds. 1901 General ... 8 80, ¥ n. &chool Temp. school Per. inivers Ag. Col. end. Tem, univers, foup. Insune State library Univer, cash Nor, lbrary. by endow. N gen. ap. lnbor ot N Ag & M. Arts UL 8. EX. Sta Totals <h in’dep gh in tr Re. celpts. o 25 $1,485,434 81 ry banks asury vault 96,184 33034 53,20 The following an above statement, w ury from other sou tion Interest on honds and warrants Office fees, from state officers Ofl inspection fees, Interest on deposits Miscellaneous U, 8 government, periment stution’ ... U, 8 government, for Nebraska Soldiers’ and Sallors’ Home: & government, for agricultury and mechanic arts : Farden of State penitentiary and fish license fees nte, nclu paid into the treas- es than that of taxa- 88 e, 508171 for 17 8 Exe 16,164,565 < L 825,00 nd Investments, order of the Board Funds 1 have funds to the honds of thi and 1o possessior e face S bonds erest the wmount of 710, which must be pald and go into the temporary school fund for alstribution to the school disiricts of the state, by the time the bouds become optional, the optional period varying ane to W little loss than ten vears Uhls sum Wil be added a very large amount of fnterest which will aceruo on the bonds between the date of option and the date of maturity. Investments i state warrapts have ben made to the amount of $780,20.7% waking total In- vestment In bonds and warrants of § 20,72 for the eleven months of the present The total amount of cducational in bonds and_wareants ut of this Teport I8 $4.067 46,85, which 2.056.44 lurger than at the beglining of_this administration. There 15 now on ha fund $313,041.6 school districts of the stute v the close of husi 21901, (hIx amount. howev Ssiighily inereased by that d State D itories. School ¥ Ry Lands and tional trust W0 fn county have in my value Is exactly are attache tu ¥ 1 In the temporary 2. to be apportioned on De- may Current fund bank i account November , Unfon_ Natiopal, 8 United States National, Omaha ty National, Lincoln.... ¥ ckers' National, South Omaha First National, Lincoln Saunders County Nat'l, Wuhoo. ', Adams County,” Hastligs ‘man_ Natlonal, Huastings ank of Commerce, Loulsville Battle Creck Valley First National, Alliance First Natlonal, York Broken How State Cltizen's, MeCook . Unfon_Stato, Harvard . City Natfonal, York State, Curtis Farmers' and Merchants burg . Bank of Cass County, month g Omaha National, Omaia Merchants’ National, Omaha Columbla Natlonal, "Lincoln Bank of Bazile Mills First of St Paul i First National, Holdrege Pirst Natlonal, Wi Plerce County, Plerce ....001 Bank of Orleans, Orleans Grand 1sland Banking Co First National, Loomis Omaha Stroms Platts- Total Cash in treasury vault Total balance During the cieven months just have recelved S$TB681 Interost on funds deposited in banks. every dollar of which has been properly unted for ae cording to law In conclusion, 1 desire there is nothing covered this office and that to submit overy tr thorough examina searching scrutiny by the proper authority Respectfully submitted WILLIAM Stu 10 state that up_or hidden in T am perfectly willing tlon to the most 1 the most EFE Treasuver GEORGE W. MARSH Secretary of State by Frank MeCartney, deputy Acquitted, Zealand, 1 val at Tutulla, Samoa, has honorably acquitted Captain Henjamin F. Tilley, the naval governor of Tutulla of all the charges against him. Captain T AUCKLAND, New United States oc. court SCHOOL FUND CERTIFICATE ATTACHED deposited | making a | county 7.500.00 | 0,- | imme- | 2~Tha | MORNING, DECEMBER IS MAGNANIMOUS 'l Amid Pence at Treats with Van- auished Foc. Victorions Gener Colon, COLON, Dec tinue orders The City of Panama con Following General Alban's Colomblan gumboat Boyacn, rowing a launch bearing soldiers, Panams The destination of this expedition is re ported to be Agua Dulce. From this poin the government soldiers will attempt 1o clear the remaining bands of liberale from the Department of Papama. Goneral Beli- | zario Parras, the liheral leader, is sup- | posed to be in the vicinity af Agua Dulce American marines are still ashore a Panama Juan Antonio Jiminez, formerly & member |of the staff of the insurgent zeneral, Do- mingo Diaz, has come voluntarily to T ma, where he delivered bimself to Gen- eral Alban. General Diaz did not instruct Jiminez to come in and surrender. The former insurgent says he I& sick and dis- gusted with the campaign. After he had surrendered General Alban put Jiminez in |a carrlage and accompanied bim to his | house. Upon arriving General [to the wife of Juan Jimine: | bave brought you your husband The Btitish sloop of war Iearus has re- to Pavama from South American ante the Look, I | turnea | ports The Chilian minister, Senot Yrarraraza- vel, arrived here today. Me was tendered an_ enthusiastic reception NEW YORK, Dec. 2.—The Herala's Colon Colombia, correspondent, cables as follows Your correspondent has obtained an inter- with General Carlos Alban, governor of the Department of Panama and com- mander of the military and naval force {of the isthmus, regarding the sitiation When General Alban was asked if he could now maintain free transit on the fsthmus, be replied b “Colombla does not require foreign aid to maintain free transit across the jsthmus. Within nine days we have recaptured Colon and have killed or taken prisoners the troops which occupied that port. ““Are you satisfied with the terms of the treaty executed in Colon?" was asked | “Yes: the terms are the game as those arranged in July of last year, when the revolutionists surrendered at Pavama. 1 must say., however, that many of those same rebels have again thken up arms againet the Columbian govelmment." “Do you consider the lsthmian revolu- tion entirely at an end?" & “Not vet,” replied General phateally. “There are stil of insurgents in the intoriofof the Depart- ment of Panama. These bamgs will soon be crushe News has reached Colon thét a committee of the insurgents several Ways ago de- | manded that Bocas Del should sur- k! render. 1t is now belleved ;hav Bocos Del Toro is in the hands of revalutionists, {NEW ‘GERMAN TARIFF BILL Count Von RBuclow Pronsunces It One of the Most Imporfunt on Record, view . Alban, em- 2.—Th is the most has been before the house for & loug time, but it does mot imply any deviation from the policy in rvegard to treaties of commerce,” sald the imperial chancellor, Count von Buelow, at the open- ing of the debate on the tarlff bill in the Reichstag today. “On the coutrary, the federal governments are firmly resolved to pursue a policy with commercial treatic in the future in the interests of German industry, while, of course, upholding the Jjust rights of Germany." The bill took into account all the inter- ests and wishes which were especially de- serving of consideration and more particu- larly agriculture. But it was also intended {to remedy defects which the existing tarift displayed with respect to commerce and industry The federal governments were fully pre- pared for heated couflicts. but the imperial chancellor was convinced that the new tariil offered a basis affording good protec- tion to agriculture, industry and trade. He {hoped that in_ the ensuing discussions a sense of confidence in the government would prevail. The chancellor's remarks were greeted with cheers | “The emperor.” sald the chancellor, “has | approved the bill, which Is the result rs' comprehensive, careful BERLIN, Dee. important which several la- bor." Allusion was made to the United States In the course of today's debates upon th subject and the name “America’ is likely to yet be more freely used by both sides in this controversy. | The tariff expenses of the United States {and the pressure of American competition constitute rich mines for argument on cither side of the question. Brotwusher (bread usury) or the ralsing of the price of bread s to be the battle word of the manufacturing capitalists and the socialists alike, who, by now unite in passionate opposition to a bill v primarily increases the of food stuffs. . | a curious |BULGARIA EVADES BLAME Unite to States i Con- Imprudent in Vienna. ight, 191, by Press Publishing o) NNA, Dec. 2—(New York World Ca ram — Special Telegram.) — The Bul arian government's reply to the note of United Diplomatic Agent Dickinson was made publie he today by the Austro- Hungaria forelgn ministry. It was writ- ten by Mr. Dameff, Bulgarian minister of foreign affairs, and concludes with the fol- lowing words ‘I am surprised that you have to the conclusion that the United States will hold Bulgaria responsible for Miss Stone's death I must regard it certain that the using of violence by the | brigands can only be attributable to your | protracted megotiations. It was for yoh to cam the negotiations to a successful end. The Bulgarian government declines | all responsibility.” In Vienna this answer is considered im pudent, and the hope is expressed that the United States will hold Bulgaria respon- sible for Miss Stone's safety. Mr., Dickin- }mn s note was handed 1o Mr. Danefl three { | to States come weeks ago, The Bulgarian cabioet met im- mediately ( 12) consider the note November to Reached at Cop Wili Reach Week. Fall hagen and Washington Akreement Treuty ™ COPENHAGEN, De A full been reuched between Denmark United States for the sale of the Danish West Indies. The treaty will prob ably be signed this week at Washington The price fixed s between $4,000,000 and $5,000,0000, agree- ment h and the Alban sald | everal bands | of { wirn of politics, | SALE OF DANISH WEST INDIES | 1901 TE ALL ACREE 0N IRRICATION N PAGES, Woestera Sonaters and Representatives Can- has left | ans for islntion Propos Much ¢ President's 1 Approval. ot ken fro (FFrom a Staft Correspondent.) WASHINGTON, Dec (Special Tele gram.)—The reclamation and freigation o the arid lands of the the ject discussed at a conference called Representative Hurkett Nebraska night in the room of the senate commities on claime. in which sonators and members of the house participated An or ganization was effected. Senator Warren of Wyoming was made chairman and Repre- sentative Shallenberger of Nebraska secre- tary. Others present were: S Mil lard and Dietrich of Nebraska, Reeder of | Kdnsas, Bell and Shafroth of Colorad Newlands of Nevada, Tongue of Oregon Burke and Martin of South Dakota, Sutber tand of Utah and Mondell of Wyoming Representative Burkett read the ceedings of the meeting held In Ch last June, of which tonight's ‘m the outgrowth. Warren expressed his gratification at the unanimity of senti ment of all present to consummate an end which would be beneficlal to the people of the west he pleased to an nounce that many castern members of cou ress had expressed (heir desire to extend ald in passing irrigation legislation for the west Senator Duhols and Representatives Newlands, Mondell and Shafroth gave their views on the subject, which tended to show that on the question of irrigation all were | & unit and willing to make concessions to bring about the passage of an looking to the reclamation of the wes lands Only One Obstraction by west was of twenty ors pro- enne peting Wik Senator act n The In the only obstruction state laws was a difference controlling the reser volrs, canals and artesian wells should such legislation be enacted. The govern ment, it is said, could be repald in a man- ner hereinafter provided, but the states should the governing of irrigation plants n tonight, 1t was agreed that as a unit to bring about irrigation on large scale and a draft of a bill will submitted at a future time for cousidera tion and subject to wmendments by the members interested. One tmportant fact brought out by every speaker was that President Roosevelt had informed each that he was heartily in favor of this movement and would ancourage the enactment of such a measure A number of Nebraskans In the senate witnessed the swearing in of the two repub- lcan senators from Nebraska for the first time In eight years. Dr. and Mrs, J. A Andrews of Bustis, under the charge of Au ditor W. E. Andrews, looked down trom the reserved gallery upen the inspiring scone. Dr. Andrews and his bride on their wedding tour, which they expect will e tend over a large portion of the east. Mr Andrews Is a brother of the wuditor of the treasury and is a member of the state leg- istature. His bride was formerly Miss Lul Trott of Hastings, who was confidentiul se retary of Chairman Lindsay D. E. Thompson of Lincoln was alse a senate spectator and eaw Senator Dietrich take the oath of office. Mr, Thompson left tonight for New Orleans, enroute to his mining properties in Mexico. Hefore leav- ing he took dinner with Senator Dietrich and Charles E. Magoon When asked who would be appointed state oll nspector in place of Ed R, Sizer Mr. Thompson sald the place would go to the Traveling Men's assoclation, but as that body had not agreed upon 4 man, o far he knew, he could not hazard a guess a An all would act a a be as Thompson n An evening paper that Senators Dietrich and Millard presented D, E Thompson to the president today as a can dAldate for minister to Mexico, and ad “The presentation of D. Thompson significant of future conferences with the president. Mr. Thompson wants to be am bassador to Mexico to succoed eral Powell Clayton, and Senator Dietrich is going to make an effort to land him. It i pretty well understood that Senator Diet- rich several times tried to get McKinley to give this position to Mr Thompson, but Mr. McKinley declined for two reasons, one that General Clayton's record was satisfactory and the other that General Clayton was his friend. General Clayton and the dead prosident were warm personal (riends. Senator Dietrich, backed by his colleague, Senator Millard, is going to renew his efforts for an ambassadorship for Mr, Thompson.” When shown this paragraph Mr. son seomed greatly put out. He was no truth in the report wanted an ambassadorship, nor had he au- thorized anybody to present his name. *1 recoguize that the least said about the mi ter the better,” said he N. W, Welle of Schuyler, Neb, was a { 1ooker-on in the house during its inaugura- tion exercises Miss House of Cedar Rapids, Ta., niece of Senator Millard, who attending schoot in Baltimore, was the guest of Miss Millard durlng the morning session of the . [ er H. M. Lincoln Thomp ald there that he enate oln Postmasi Persistent, Bushnell, present postmaster is contemplating making a fight on Ed Sizer's selection to his place on the termination of his present term of office He bas, however, been quietly notified that he cannot change the decision of Senators Dietrich and Millard and Representative Burkett Senator Kittredge tonight entertained the members of the South Dakota delegation at dinner at Harvey's Gamble and Representatives Martin, there were present Auditor of the Interior department, Unit Marshal E. G. Kennedy of ¥ | Colanel R. W. Stewart of Plerre on to witness Mr. Kittredge's induction as senator. Representative D. . Mercer of Oraaha arrived from San Francisco Sunday night and was in the house committee room for the first time in wontbs today. W. H. Wheeler of Omaba, clerk to the bouse committee on public bulldings and grouuds, arrived from the west yesterday Depar No Burke and Person 1 States reka and who came These rural free delivery have been ordered February 1: Nebraska—Wil ber, Saline county; route embraces forty- four square miles, contaluing a population of #75; John Barton carrier. South Dakota Brooklugs, Brookings county: additional service: route thirt square miles, contalning population of 484; Ole Sneve carrler routes pstmasters , Burress, ska appointed today Fillmore county, While notbing definite was decided upon | President | In addition to Senator | SINGLE COPY FIVE CENTS, ITION OF TH WEATH Rain or 8 dnosda Winds ER r t Nebrask and W ly Tuesda W Proba icoun | e Fair; N ’ Tempernture at Omahn Yesterday: Dew Dew. I 1 2 iy ] 1 | "0 vice T. J. Harvey Newark, Ke rick, resign B M. Wad appointed MeFohidge school school A s¢ decl Lem ing $1 The following have been practice befsre the Interior Robert M. Proudfit of Friend Grabill of Molnes, Bii W Chariton, Horace M. Haruer of la.; David H. Latham of Faulkner, 8. D. Bid d the de- partment today for a steam heatiug appara- tus for the public building at Clinton, I E. N. Waodbury of Clinton was the low bidder at $1,552 The postoflice enville, Montgomery county, Ia., ha dered discontinued mail to be delivered at Sciola IN MRS. BONINE'S DEFENSE ® Suy They Saw Nothing Une in Her Relations with Ave resigned hunty Willlam Scarr, rnoy vice W. H. Mer of Kan Arthur moted bud Arkansa gardener was pr Ro City, was B teache 1o inspector w Todian South Dakota ond dividend of 3 favor the onal bank of Lemars claims per cent has b creditore of Ta., amounting in Na per 0 cent on to admitted to department Neb.; Paul Drake ot Maurengo, we at Treasu heen o WASHINGTON, Dee. 2.~The defense in the case of Mrs. Lola 1da Bonine, charged with the murder of James Seymour Ayres, today began the introduction of testimony and placed witnesses on the stand before | court adjourned for the day. The line lof examination showed that the purpose was to establish that Mrs. Bonine evinced no particular partiality toward Ayres and that her conduct and bearing toward him differed in no respect from that displayed toward other guests of the hotel The first witness called was Willlam € Hay with his family, lved at the Kenmore at the time of the tragedy. He testified that the dan at the Kenmore were usnally arranged by Mrs. Bonine and that these dances her bearing toward Ayres was nothing out of the ordinary It had been her habit, he sald, when the dancers were not prompt in their attend- ance to go to their rooms and urge them to come down. He stated, on cross-exami- nation, that he understood it had been Mrs Bonine's intention to leave the hotel, but after the tragedy he had advised her that it would be improper to do so until the alfair was cleared up. Richard L. Jenks testified that he heard Mre. Bonine giving Ayres advice against drinking to excess George B. Garduer. assistant attorsey in the Interlor department, to whom Mrs, Bonine first told her story and who was one of the government witnesses, testified that on the night of the tragedy he had Mrs. Bonine and Ayres dancing together and had observed nothing unusual in their conduct David C. Mooney. office, said he had dance with Ayres attitude toward who, at soon a clerk in the auditor's observed Mrs. Bonine but saw mothing in her him differing from that toward ethers. Sim testimony was given by others. One of the jurors was | taken suddenly i1l during the day, but with the aid of a physician managed to continue throughout the day. The trial will be re- sumed tomorrow. FAVORS THE DIAZ DOCTRINE Delegate from Paragnay Contends the Monroe Doctrine is Inndequnte. o Mexico MEXICO CITY, Dee. session of the Pan-American confereuce took an unex- pected turn today. The order of the day called for a discussion of the project of a Pan-Aemerican bank and the exchange of oMcial publications, but at the opening of the session Mr. Baez of Paraguay took the floor and made & speech advocating a com- prehensivo scheme of arbitration. Dele gate Baez sald that the Monroe only protected the Amerlean nations from European aggression. What was needed was @ new doctrine to protect them from aggressions on the part of each other. This desideratum had heen supplied by the Diaz doctrine racently enunclated by Senor Ro vero. The basis of the Diaz doctrine is peace, but peace can he wecured only by justice, and Justice can be secured (hrough arbitra- tion, therefore, said Mr. Bacz, it was neo- essary to prociaim universa! arbitration as the natural law of the American republies WOULD ~ EXPEL ANARCHISTS BN 2.--The Senntor Burrows Wil Introduce for the Exclusfon of Ques- tionahle Allens, WASHINGTON, Dec Senator Burrows of Michigan will introduce a bill tomorrow providing for (he excluslon and expulsion of alien By board of fuquiry s authorized to diligently | search for anarchists among the forelgners coming this country and ascertain by pertinent questions his antecedents, | his opinions as to government, or whether he belongs to any soclety or association with anarchistic tendencies, and 1t may ex- amine the person of such alien for marks indicating such membership When an anarchist escapes this {nquist tion he may be seized by the commissioner ! general of inquiry and It after & thore and satisfactory inquiry Is found to be a menace to this goverpment as an anarch- ist may be deported to the which he came parchists country Temporary Governor. WASHINGTON, Dec. 2 Interfor Hitcheock liam Grime Secretary of the telegraphed Wil- of Oklahoma, to act as governor until the newly appolnted gov- sroor, Mr. Forguson, takes charge. The latter will take the oath of ofce here tos morrow secretary Movements At Leitd ¥ 1500, Md AL Glasgow Montreal At London Montreal Gibr Arrived— Furst trom New York for Naples, et AL Liverpool—Arriyed=Ivérnia of Ocean Vessels Dec. Arrived—Imogen, from tevideo, ete., via Harwleh, Arrived-Sdrmotl from Arrived Montevidean, from Blsmarck ‘\ | \ [ | At Bremen from Bos Satlod—Cassel, for New York New York -Arrived—Calabria, f ; Friesland, trom Antwerp, At aple doctrine | its provisions the | ugh | from | hl CONGRESS AT WORK | Both Wouses Bogin Session that May Lass | Till the Middle of June. | NEBRASKA'S NEW SENATORS TAKE OATH | Their Oredentials Call Forth Critisiom of Watohfal Mr. Hoas | HE POINTS OUT DISCREPANCY IN DATE Then They Are Passed on te the Official Filea for Record, IFLOWEHS DELUGE THE VARIOUS DESKS Senator Dietrich Sits Far Nuck on Republican Side, While Nenator Millard 1s in “Oherokee St with the Demoocrats, (From a Staft WASHINGTON, Dac Eram.)-Congress s once hands of the president and from present ap penr: es It s likely to siny on his bands until the middle of June. Never was thers A more nusplelous begluning of A new con Kress duy was idenl und the balls OURTeRS We! crowded enrly by the usual flyet-duy The wite chamber was A bluze color, immense quantities of flowers on desks suggesting sn autumn flower show fnstead of u dignifed nssem bly chamber {n which the upper branch of the nation's leglslature meets to place laws upon the siatute books of the republic. Shortly after the fnvacation by the blina | chaplain Senator Allison of Iewa presented the credentials of Senators Charles W Dietrich and J. H. Millard of Nebraska, while Senator Gamble of South Dakota did A like service for A. B, Kittredge of his state, who has been appointed by Governor Herried to il the vacancy caused by tha death of Senator James H. Kyle. The cre- dentfals of Senators Dietrich and Millard were read and were about to be ordered to the files of the senate when Senator Hoar of Massachusetts called the atten- tion of the senale to a woeful defect in the certificates. Had there been a contest on, these two senators’ credentials would un- doubtedly have been referred to the com mittee on privileges and elections. Both certificates stated that the individual sen- dated their senatorial term from March 28, when every school boy who knows bis constitution knows that the senatorinl bills begin from March 4, unless appointed by thg governor to fill a vacancy caused by death. Senator Hoar stated that his was not & captlous position, but he wanted the senata to appreciate the importance of having the credentials correct as they went into files for future generations to ponder over. Sen- ator Frye, president pro tem, ordered the credentials to the files and then Senator Kitiredge's credentials were road and - ferred rrespondent | (Special Tel more on the erowd, of ixcort the New (Senatars. Tha only incident connecte In the new senators occurr Spooner, realizing that Mr. being left out rushed to the senfor senator from Nebraska and. taking him by the arm, hurried down the side afsle, Senator Dietrich elevating his hand as he strode to the president’'s desk. Usually this feature of the senate’s opening is most decorous, but old-timers were compelled to emile as they saw the little glant of Wisconsin escoriing the wart semator of the South Platte to the ewearing in. Senator Millard was presented at the desk by Senator Hanna, while Senator Gamble did the honors for Senator Kitiredge. The desks of the senators from Nebraska werd gay with flowers, while Senator Kittredge had one of the biggest floral pioces in tha chamber. an offering from members of the South Dakota delegation and friends who came to the “silent man.” 18 called in the Black Hills, take the oath of office Senator Dietrich’s seat is far back on the republican side of the chamber, while that of Senator Millard is in the “Chero- kee strip” on the democratic sids, thers not being enough seats on the republican side of the chamber to accommodate all the representatives of that persuasion. Senator Dietrich takes the seat which Sen- ator Hanna first occupied when he came to congress, while Millard occuples the seat formerly held by former Senator Turple of lndiana. Deawing for Seatn | with swearing when Senator Diotrich was t of the In drawing for seats on the house side B |3 Burkui was the first of the Ne braskans called. He n seat one aisle nearer the speaker's thun he occupied in the Fifty-sixth congress., while Sereno F. Payne of New York and John | Dalzell of Pennsylvania chose seats to his right and left. Willlam Neville of the Sixth district wns the first of the populists called and he selected his old seat right under the speaker's nose. Stark, Shallenberger and Robinson got seats on the last row on the democratic side, well in the conter “Our Dave” was the last Nebraskan called and he had to content himseif with a desk far to the left of the speaker. Congressmen Burke and Martin of tha Routh Dakota delegation were fortunate in having their names called early in the s allotment and benefited correspondingly Mondell of Wyoming improved bis location in the copgress and {s sur rounded by & number of distinguished leg islators from the west None of the lowa delegation fared badly in the allotment, although it was long In the game before La Hepburn and Hull were called. If there were any flowers for the gentlemen they did unot appear on the floor, as Speaker Henderson peremp- torily ordered that no floral offerings should be rried in untll after the drawing weats had been comciuded and when was the house udjourncd. leaving the flowers wilted in the lobby nan chokc desk over thal last fo Firat 1rrigation Bl of the we by Newlands of general bill for th lands, introduced by fou, which favo essential provision by committees, It pro- received from the bin The first irrigation was introduced today Nevada. It was the reclamation of arid him at the last ne ably reported in it both bouse and ser | vides that all m o | sale of public lands In the arld land state | shall be set aside as “an arid land recls 1t authorizes the secretary of the | interior to let contracts for the constru | tion of reservoirs and irrigation work payments to made from this fund | contract to be let the money I8 In the fund. The cost of each projoct ix to by | fwstoued upon the land reclaimed and i to be repaid to the government by settlers in twenty sunual iustallments. Reclaimed wa ey mation be no unitl