The San Francisco Call. Newspaper, May 28, 1901, Page 9

OLD MAN IS SUSPECTED OF DEALING DEATH BLOW James 'Ba'dger‘ Retired Capitalist, Held on Suspicion of Having Caused His Aged Wife's Death by Striking Her o MAN 75 years of age was brought to the City Prison last A night, where he will be held A ) pending an Investigation into he cause of his wife's death, have been caused ok wielded by him. » name of the aged B He 1 retired expressman, and real estate valued at $50,000. he resided at 1221 Laguna Wednesday evening Mrs. i ®upp blow from ex Badger is d to fe th w Aast ente the grocery store over ht co e regided. She was bieed- a cut over the eye. The wound by the clerk and Dr. Lagan mmoned Badger went to the residence of Laguna street, i by the physician there over night e, next morning. with Dr. her husband then sne COERAL GMIL. BIGE REPORT Candidates | b Successful Placed in General Departments. May 2.—The annual miner, A. R. Serven, | tssion, was s that dur-| ending Junc 30, 1900, 43,641 he competitive examina- ginal appointments to the There were also 248 peo- competitively, for ex- were 469 different | ving 1185 op- of com- dely distributed and Territories. ral examina- v n somewhat the uncertainty Porto Rico” establishing cf GTO! KNEW THE WAY OUT. Made a Study of His Food. that the user of food | t food, but a gentle- “incinnati writing about Grape- himself perfectly. He| ss man devoting himself | mental labor, requires different man doing muscular work. I e of a dull, heavy feeling in | @ay, which did an un- to my work. Verdiet, in- ndigestion; punishment, a severe | leaving out sterchy foods, suggr! ses yusine Up to this time, with the most precise | care cooking, the ordinary breakfast d tame to the table a pasty, starchy | mass. Added to that was sugar and more or less white bread, which gave an | ss of starchy food that could not'be | sted. This indigested mass passed | ‘o the intestines, creating gas and all of o Qistressing symptoms both of body a brain. | “I was put on Grape-Nuts Food for the | son that it is made of selected parts of wheat and barley, thoroughly cooked at { factory, giving to the body the| hy part of the food (which is neces- | predigested, that is, turned into rose ar grape sugar. ‘This furnished sweet needed, without the use of cane ar, and gave me the starchy principle f food already passed into the second condition, exactly in the same manner as a healthy body digests it. After eating Grape-Nuts for a short me 1 found a most remarkable improve- nt in my health, and I afso discovered reason why the claim made on the the the package is true, that one pound of Grape- Nuts, which is perfectly absorbed by the body, will afford More nutrition than ten pounds of meat, wheat or bread, imper- fectly digested. I can assure any one that a week or ten days' conscientious use of Grape-Nuts will prove far more convineing testimony than any written words. I subscribe myself a grateful con- sumer. Please do not publish my name.” Any one who will write . to the Postum Cereal Co., Ltd., Battie Creek, Mich., and enclose stamp, can-be supplied with the neme and address. government ample facilities to renew on the Head With a Stick During a Family Quarrel death. Dr. Lagan reported the case to Coroner Leland, who sent Deputies Smith and Brown to investigate. Detectives Tom Gibson and Archie Hammel were detailed by Captain Seymour for the same purpose. As a result of their in- vestigations the aged capitalist was ar- rested and the body of his wife was taken to the Morgue, Owing to the misguided efforts of the Gibney family to protect the old man, the investigatfon was made under great difficulties. Mrs. Glbney, who was very free with her tongue before the death of Mrs. Badger occurred, refused absolute- ly to give the detectives any information, She denfed possessing any knowledge of the affairs of the Badgers, and referred the officers to her husband, who proved equally as obstinate, and disclaimed hav- '-nr any knowledge of the supposed cuar- rel. Fred Ragchen, proprietor of the gro- cery store at 1223 Laguna street, and william Nieman, his clerk, admit stanching the flow of blood from the wound over Mrs, Badger's eye, but claim to know nothing of the manner in which the cut was inflicted. Badger has been on a\spree for the last two weeks and when arrested was stupldly drunk. In_reply to the dn- tectives' questions he mumbled that he g ks e AGED COUPLE WHOSE QUAR- REL ENDED IN DEATH OF THE WIFE. | i 3 % did not_know ‘what happened. Mrs. Badger was a native of Ireland, where she was born about fifty years She was Badger's second wife, and was_ a2 mo estimable woman, the neighbors say there are citizens of the United States within the meaning of the Civil Service rules. Expenses have been cut in all directions to enable the estab- lishment of the examination system in both Hawaii and Porto Rico when the citizenship question is settled by the Su- preme Cour There were 139 appointments made in the general departmental service, of which 500 were to comparatively insig nificant places. The report instances some frauds dis. minations, resulting in from future examina- is now well-nigh im- lusion to occur without marks and being followed punishment. The report akes a plea. for more examiners and for rstematic in- xaminers. covered in e barring cffendes tions, and say possible for c leaving its ea by summary ction of st local boards o RECOMMENDS EXCLUSION OF JAPANESE LABOR They Work for Such Small Pay That They Are Displacing the Chinese. DENVER, May 27.—The Western Feder- ation of Miners and its ally, the Western Labor Unipn, assembled here in joint con- vention this morning and will continue their deliberations in separate sessions throughout the week. About 175 dele- gates, representing every Btate Jand Ter- ritory west of the Missouri River and British Columbia, were present at the Jjoint meeting, which was called to order by Edward Boyce, president of the West- ern Federation. Addresses of welcome were made by Governor Orman and Mayor Wright and responses by President Boyce and President Daniel McDonald of the | unions. Matters of vital importance to Western workingmen, including the Coeur d’Alene mining troubles and the question of chea labor from the Orient, will be discussed. The Chinese exclusion act expires May 5, 1902, and the conventions will recommend its renewal, as well as the adoption of measures to exclude the Japanese. “The exclusion of the Japanese is more fmportant than the legisiation against the Chinese,” said President McDonald. “These people are willing to labor for | | such small pay that they are actually dis- placing Chinese.” A speech was also made by Lieutenatn Governor Coates of Colorado. ‘‘The goal for which we are striving,” said he, to-day, better education to-morrow, and then we want all that we can produce. We | want 1t all for ourseives. ““The president of the billion-dollar steel | trust declares that organized labor denies opportunities to labor. nity to labor.” At the conclusion of the speech Vice President Boyce appointed Thomas Nich- ols, C. F. Derusha, Frederick Sharp, Thomas Eslick and A. J. Horn a commit- tee on credentlals. -— DEATHE’S HARVEST IN YOLO. Three Citizens of the County Pass to the Beyond. WOODLAND, May 27.—Harvey Clinton Gable, farmer, banker and prominent Ma- son, died last night. take place at 2 o'clock to-morrow. The Rev. J. H. Storms, pastor of the Baptist church, died in this city this morning. The body will be taken to Los Angeles to-morrow for burial. Taylor Ridley, a native of Alabama, 63 years old and for forty years a resident D{ hYolo County, died in Dunnigan last night. Junior Order. General George A. Custer Council of the Junior Order of United American Me- chanics had an interesting meeting last week. Five lications were present- ed, after which eleven strangers were inftiated into the mysteries of the order. After the business there was an adjourn- ment to an adjacent hall, where an enjoy- able banquet was partaken of and there were addresses by State Councilor Dr. George H. Derrick, Henry P. Dalton, Fro- fessor C. E. Merwin and T. W. Robinson, This council will have an entertainment and dance on the evening of the 4th of June under the direction of the committee on entertainment, consisting of L. C. Sha- nan, J. P. Thomas and George Calvert. s | the entire abolition of the wage system. | We want better conditions in the shops | That is untrue. | Big combinations like his deny opportu- | The, funeral will | THE SAN FRANCISCO CALL, TUESDAY. MAY 28, 1901, DUTIES ILLEGALLY EXACTED| Continued From Second Page. York. The decision was rendered on be- half of the majority of the court by Jus- tice Brown, the opinion being concurred in by all the Justices except Justices Mc- Kenna, Shiras and White. The decision hung upon the case coming from the State of New York, Involving the levying of $13,000 in duties on goods imported {rom Porto Rico into the United States, the collection having been sustained by Lhe lower court. In effect the decision was that territory acquired by the United States is a part of the United States and not forelgn territory and that such import duties could not be levied. The decision of the lower court was reversed. Justice Brown announced in the begin- ning of his decision that the court un- doubtedly has jurisdiction in this case. He sald the case raised the singie question whether territory acquired by the United States by cession from a foreign power remained a ‘foreign country” within the meaning of thb tarift laws, and added: The question involved In this case is ot whethor the sugars were Importable articles under the tariff laws, but whether, coming as they did, from a port aileged to be domestic, they were imported from a foreign country—in other words, whether they were imported st all as that word is defined in Woodruff Vs, Parham, We think the decision in the Fagsett case s conclusive to the effect that, il the question bef whether the sugars were {mported or not, such question could not be raiwed bi- fore the Board of Genernl Appraisers, and that whether they were imported merchandive for the reasons given in the Fassett case that a versel I8 not_an importable article, or because e merchandise was not brought 'trom u for- ountry, is immaterial, In elther case the 18 not imported, Adequate Remedy Supplied. ading, then, that section 2011 has heen sd avd that no remedy exiets under the ' administrative net, does it follow (hat no acWon whatever will, lle? 1f there be an attempted wrong the courts will look far {0 supply n sdequate remedy, If an hcton Iny at_common law the repeal of sections 20351 und 011 regulating proceedings In customs cAsus (thut 18, turning upon the elassifcation of mer chandiss) to make way for anther proceeding hafore the Hoard of General Appraisers in the wame olups of cases, dld not aestroy any right of netlon that might have existed as to other than customs casew, and the fact that by me tion 26 no’ Collector #hall be Muble for or on account of any rulings or deciwlons as to the cinsnifiention of sudh merchandise or the duties charked thereon ov the collention of Any duck, charges or Adutles on or on mceount of any wich merchandine; or any other matter which the importer might have brousht bafore thi Board of General Appraisers doek not restrict the right whieh the owner of the merchandise might have agamst the Collector in caken not Tafing within the ousfoms RAMINIALEALIVE ncl, It the position of the® Government be correct, the plaintift would be remedileas; and If i | Collector whould weige *and hold for duilew woodw brought from New Orleans or any other concededly domestio port to New York, there would be no reethod of tenting his right to make wioh wewure, 1t In hirdly powsible thit the owner could be placed in this pouition. After citing numerous opinfons and - | thoritles to whow that the actlon ol (he | plaintiffs in error was properly brousht, | the court holds that “whether (hese cur goes of sugar were subject to duty de- r-mln wolely upon the question whether orto Rico was a forelgn country at the time the sugar was shipped, 4in; the tariff act of July 24, 1807, commonly known as the Dingley act, declares that ‘there | shall be levied, collected and pald upon all articles imported from forelgn countries’ certain duties therein specified. A fo 1 country was defined by Chief Justice Mar- shall and Justice Story to be one exclus- ively within the govereignty of a forelgn nation and without the sovereigaty cf the United States. Status of Porto Rico, “The status of Porto Rico was thik: 'The | island had been for some months under | military occupation the United States | as a conquered country, when, by the sec- ond article of the treaty of peace between the United States and Spain, signed lie- cember 10, 1898, and ratified April 11, 1899, Spain ceded to the United States the island of Porto Rico, which has ever since | remained in our possession and nas been { governed and administered by us. If the | case depended solely upon those facts and the question were hroadly held whether a country which had been ceded to us, (he cession accepted, possession delivered and {the isiand occupied and administered, { without interference by Spain or any other power, was a foreign country or do- | mestic territory, it would seem that there { could be as little hesitation in answering | this question as there weuld be in deter- mining the ownership of a house decded in fee simple to a purchaser who had ac- cepted the deed, gone into possession, paid taxes and made improvements without let or hindrance from his vendor. But it is earnestly insisted by the Government that it never could have been the intention of | Congress to admit Porto Rico into a cus- oms unfon with the United States, and | that, while the island may be to a certain ! extent domestic territory, it still remains {a ‘foreign country’ under the tariff laws | until Congress has embraced it within the | general revenue system.” At great length the court then discussed similar cases arising from previous ac- | quisitions of territory by the United States, reviewing very fully former de- jons of the court involving cases such | as are presented in this case. The pos- | sessions in_connection with which the | main question involved in thils Case lLas | arisen are Louisiana, Florida, Texas, Tal- ifornia and Alaska. Each case was taken |up in order and, analyzed minutely. . As to Foreign Countries. The court then presented its conclusions | in the following language: | - As showing the construction put upon this | question by the legislative departmept, we | meed only to add that secticn 232 of the For- aker act makes a distinction hejween foreign countries and Porto Rico, by enacting that the same duties shall be paid upon “all ar- ticles imported into Porto Rico_ from ports | other than those of the United States, which | are required by law to be collected upon ar- ticles imported into the United States from | foreign countries.” | "From this resume of the decisions of this court the instructions of the executive depart- ments and the above act of Congress, it is evident' that, from 1803, the date of Mr. Gal- letin's letter, to this present time, there is not_a shred of authority, except the dictum in Fleming vs. Page, for holding that a dis- trict ceded to and in the possession of the | United States remaine for any purpose a for- elgn country. Both these conditions must ex- ist to produce a change of natlonality for re: enue purposes. Possession is not alone suf- ficient, s was held in Fleming vs. Page, nor is a treaty ceding such territory gufficient without a surrender of posession. The prac- tice of the executive departments, thus con- tinued for more than half a century, is e titled to great weight and should not be dis- regarded nor overturned except for cogent re: sons and unless it be clear that such con- struction be erroneous. If this were placed as an original question we should be compelled irresistibly to the same conclusion. By article XI of section 2 the President 1s glven power ‘‘by and with the | advice and consent of the Senate, to make treaties, provided that two-thirds of the Bena- tors present concur,’” and by article VI, “this constitution and the laws of the Unjted States, which shall be made in pursuance thereof, and all treaties made or which shall be made, under the, authority of the United States shall be- the supreme law of the land." D It will be observed that no distinction is made as to the question of supremacy between laws. and treaties, except that both are con- trolled by the constitution. A law requires the assent of both houses of Congress, and, ex- cept_in_certain specified cases, the slgnature of the President. A treaty is negotjated and made by the President, with the cohcurrence of two-thirds of the Seniators present, but eaci of them is the supreme law of the land, ‘As if by Annexation. One of the ordinary incidents of a treaty is the cession of territory. It is not too nfuch to =ay it is the rule, rather than the exception, that a treaty of peace, following upon a wyar, provide for a cession of territory to the victo- rious party. The territory thus acquired is quired as absolutely as if the annexation were made as in the case of Texas and Hawall by an act of Congress. It follows from this that by ratification of the treaty of Parls the island became territory of the United States—altnough not an. organized Territory in the technical sense of the word. It s true Chlef Justice Taney held in Scott vs. Sandford that ihe territorial clause of the constitution was confined and then tended to be confined to the territory which at that time belonged to or was claimed by the United States and was within their boundhries, as settled by | that treaty with Great Britain and was not in- tended to apply to territory subsequently ac- | quired. He seemed to differ in this construc- | tlon from Chief Justice Marshall who, in speak- ing of Florida beforc it became a State, re. marked that it continuea to be a Territory of the United States, governed by the territorial clpuse of the constitution, But whatever be the source of this power, uninterrupted excrcise by Congrems fop & cor tury and the repeated declarations of this couri have settled the law that the right to acquire territory involves the right to govern and dis- pose of it Indeed, it is scatcely too much to say that there has not been a session of Con- gress since the Territory of Loulsiana was pur- chased that that body not enacted legisla- tion based upon the assumed authority to gov- er nand control the territories. It {s an author- ity which arises not necessarily from the ter- ritorial clavse of the constititton, e necessities of the case and from the inabil- ity of the States to act upon the subjec. Cnder i this power Congress may deal with territory acquired by treaty; may administer its govern- ment as it does that of the District of Colum- bia; it may organize a local territorial govern- ment; it may admit it as a State upon an equality with other States; it may sell its pub- lic lands to individual citizens, or may donate them as homesteads to actual settlers. In shiort, when once acquired by treaty, it belongs to the United States and is subject to the dis- position of Congress. B Territory thus acquired can remain a foreign country under the tariff laws nnlyrxpnn one of two theories: Either that the word “‘foreign’ applies to such countries as were forelgn at the time thestatute was enacted, notwithstanding any subsequent change in their condition; or that they remaln foreign under the tariff laws until Congress has formally embraced them within the ctstoms union of the Btates. The first theory is obviously untenable. While statute 18 presumed to speak from the time its enactment, it embraces all such persons or: things ns subsequently fall within fits scope, Thus, a statute forbidding the sale of liquors minors applies not only to minors in exist- ence at the time the sualute was enacted, but to all who are subsequently born, and ceases to apply to such as thereafter reach their major- ity, ~ 8o, when the constitution of the United | States declares in articic I mection 10 that the | Htates shall not do certain things, this declara- tion operates not only upon the thirteen orig- inal States but upon all which subsequently be- come such; and when Congress places certain vestrictions upon the powers of u Territorial Leglslature, such restrictions cease to operate the moment such Territory I8 admitted as a | State, By parity of reasoning a country ceaes to be foreign the instaut It becomos domestic, one of its fcquired Territories (even assuming that the right to do #o) to n forelgn power uld be no doubt that from the day of Hvery of possession, | me i forelgn country | 1 under the tariff luws, | Certainly of Congress would be necos- pary in such cage to declare that the laws of the United Btates had ceased to apply to it Cession Makes It Domestic. 3 Ho, too, 1f Congress secs fit to ced newl, The theory (hat a country remalng forelgn with respect to the tariff laws until Congre has acted by embracing it within the eustor unlon presuppores (Nt & country may be domertic for one purnoss and forelgn for another, 1t may undoubtedly bhecome necessary | (or the adequnte administration of a domestie | territory to paxs & wpecial act providing the propor machinery and officern, as the Prosi- dont would have no authority except under the Whr bower to administer §t hinaddf, but no wet 9 nocessary Lo make it domestio territory 1€ cmoe 1t haw been coded to the United Htates Wa axpress no opinjon nu to whether Congress {8 bound to appropriate the money to pay for | It This has been mueh diwen, by writers upon constitutional 1w, but It 18 not necessary to conkider (i thin onke, A8 Conkress made prompt” annropriation of the money wtipulnted n the trentn Thin heory lso presupposen | that territory may be held indefinitely by the | 1nited Mtatew; that It may be tranted in every partieulnr oxcapt for (ariff purbones as domen- e territory: (hat laws miay be enacted and | enforced by officorn of the United ftates seni there for thut purpose; that insurrsations may b winpressed, Wit oarriad on, revenues aol- Inctad, taxen fmposed; in - whort, that evary- thing mey be done which n government can do within 1t own houndaries, and yet that the forritory shall remaln o forelgn country; that this wstato of things may continue for | yourn, for u century oven, but that uniess Con- | renn’ ennctu otherwine 16wt romning a for- | elgn country, To hold that thik can be dons | an n matter of luw we deem to be pure judi- | clal leglslntion, We find no warrant for it in | the conetitution or In the powers conferred upon this court, 1t 18 true the non-action of | Congress may occaslon a temporary inconveni- ence, but It does not follow that cotrts of' Justice ure authorized to reriedy ft by invert- Ing the ordinary meaning of words. & net of Congress be necemsary to con- vert i foretan country Into dofleatlc territory the queetion at once suggouts itealf, what is the character of the leglslation demanded for | this purpose? Wil an act appropriating money | for ft« purchase be sufficient? Apparently not. Will an act appropriating the duties collected upon Imports to and from such country for the henefit of it« government be suffiefent? Apparently not. Will acts making appropris tions for its postal service, for the estubll ment of Iighthouses, for maintenance of quar. antine_stations, for erecting public. bulldings have that effect? Will an act establishing a complete government, but with the reservation of a right to collect duties upon | commerce, be adequate for that purpose? None of these, nor all together, will be sufficient if the rontentlon of the Government be sound, | since ac embracing all these provisions have Dbeea passed in connection with Porto Rico, and it is insisted that it is still a forelgn | country within the meaning of the tarift laws. e are unabi» to acquiesce in this assumption that a territory may be at the same time both foreizn and domestic. Lower Court Is Reversed. A single further point remalns to be con- sidered " Tt is insisted that an act of Congress passed March 24, 1900 (31 Stat. 151). applylng fcr the benefit of Porto Rico the amount of customs ue received on importatiors by the United States from Porto Rico since the evacuation of Porto Rico by Spanish forces October 18, 1868, to January 1, 1200, together with any fur- ther customs revenueg collected on importa- | tions from Porto Rico since January 1, 1900, or shall hereafter be collected under existing law, is a recognition by Congress of the right to collect such dutles as upon importations from a foreign country, and a recognition of | the fact that Porto Rico continued to be a forelgn country until Congress embraced it within customs union. Tt may be seriously questioned whether this is anything more than a recognition of the fact that there were moneye in the territory not subject t8 exist- ing appropriation law. Perhaps we may %o further and say that so far as those duties were paid, voluntarily and without protest, the legality of the payment was Intended to bé recognized, but it can clearly have no retro- active effect 28 to moneys thereafter paid un- der rnrotest for which an action to recover | back has already been brought. As this ac- tion in this case was brought March 13. 1900, eleven days before the act was passed, the right to recover the money sued for could not | be taken away by any subsequent act of Con- grees. Plaint!ft sues'in assumosit for money Which the collector has in his hands, justly and equitably belonging to them. To say that Congreds could by a subsequent act deprive them of the right to prosscute this action would be beyond its powers. In any event, it stould mot be Interpreted so a& to make it ratroactive. We are, therefore, of the opinion that at the time these duties were levied Porto Rico was not a forelgn country within the meaning of the tarlff laws, but a Territory of the Tnited States; that the duties were fllegally exacted and that the plaintiffs are entitled to recover them back. The judgment of the Circuit Court for the Southern District of New York is, therefore, re- versed and the case remanded to that court for Tarther proceedings in consonance with this opinion. REVERSE JUDEMENTS 0F THE COURT BELOW Additional Decisions in Line With the De Lima Case. b B 48 o X WASHINGTON, May 27.—Justice Brown | announced that the court, following the authority of the De Lima case, reversed the judgments of the court below in the cases of Goetz vs. the United Btates and Crossman vs. the United States, both brought here from the United States Court of tha Southern District of New York. ! k In the Goetz case a duty levied on an importation of tobacco from Porto Rico into the United States on June 6, 1899, af- ter the ratification of the peace treaty and before the passage of the Porto Rican act, was involved, and also in the Crossman case the levy of a duty on an importation of liquor from Hawali fnto the United States, In April, 1900, after the passage of the Hawallan annexation reso- 'lution and before the taking effect of the act providing a government for Ha- wail. In each case the board of general appraisers held the importation dutiable, ang in each case the decision was re- versed. -, The court then passed on the case of Dooley vs. The United States, being an #ction brought to recover duties paid un- der protest at San Juan, on importations from New York between' July 25, 189, and May 1, 190. The first quesfion was whether this action, being to recover back money from the United States, should not have been broufiht in the Court of Claims, but the court held that it was properly brought before the United States District Court for Southern New York. The court said the duties assessed were of three classes, those levied under General Miles' order extending the Spanish regulations pending further action; those prescribed by the commander in chief, tl Presi- dent, until the cession of the island, and, third, those subsequently levied. The court said there could be no doubt as to the lawful exaction of duty under the ol < " effect on the moral character of the party | SAYS. THE DECISION .right, then the constitutional question is war power. While the treaty of peace Was Slgned December 12, 1885, it did not take effect until ratification. The author- ity of the Government was s pérseded, but the necessity for the rev. enue did not cease. The Government MORML ELEMENT OFTHE DRAMA Methodists Discuss Sub- Jject at Very Great Length. They Believe That the Play Is Detrimental to Chris- tian Work. The old controversy between the minls- try ard the stage has cropped up again. It was brought up this time at the weekly meeting of the Methodist Episcopal Min- isters’ Union, which was held yesterday, and the discussion was based on the “Moral Influence of the Drama.” After a long discusston of the subject it was the censensus of opinion that attendance at the theaters was not conducive to Chris- tianity, A week ago Rev. J, N. Beard and Rev. 8. D, Hutsinpfller, two well known min- {sters of this elty, brought up the subject at the ministers’ meeting, Thelr remarks were directly In point. Other business in- tervening, It was decided to postpone als- cusefon until yesterday, Ttev. John Thompson expressed his nyln- fon that there wus no redeeming fenture in the dramn, Rev, 8, M, Woodward sald that people engaged in Christian work nhnuld not attend the dramn, as It wiy detrimental to them, Rey, A, H, Briggs delivered a long talk on the subject, He discumsed it from tho standpoint ‘of the Influedes on the nctor, nnd, secondly, Its influence on the nudi- (neo, He nu{/l n man eannot net without being & hypoerite and hurting himself, as he 1s acting the sentiments which be- long to another. He stated that o man will met in the pulpit, and to explain this statemont sald that eloquence fn nothin but good acting, Mr, Briggs exprossed hiw opinion that there was a dramatic elo- ment In all protestations of truth, He admitted that there were a number of wtock companies on the stago, the llves of whowe members were Irreproachable, hut ndded that in a majority of cnses he could not express the game opinfon, Mr, “','{‘f‘" in_coneluding hig talk, #nid that hnd hie boen arked his opinion of the stiky 1wo years ngo he wuu{ have condemnod "f but since then he has changed his | rw, “Wa ought to review our condlusions,’” ho pald, "and there otught to be an open mina In reference to the drama AW to other auestions.” Ttov, 1, D, Bovard also spoke at length and In part sald: "Ity e profession that exerclses and proteety dfwsipation. 1t huu n delotorioiin acting, because the fundamental elements | of hix professlon are dominicted with an atmesphere of dismpation. It also has « doleterious effect on those who listen of account of the overéstimation of the sen- sutional element in thelr nature, and it produces a superficial conviction on all questions of character, The good element in the drama can never be the predom- inating Influence. Taken as a whole, in my opinfon the drama can never be an anxiliary to the church.” LR e N must be carried on and there was no au- thority left but the military authority. | The most natural method of raising rev- | enue was by continuing the Spanish dut- | ies, General Miles, in adopting this meth- | od, was fully justified by laws of war. | Different considerations apply from the date of notice of ratification of the treaty | of peace. Porto Rico then ceased to be | foreign country, and the right of the Col- | lector to exact duties ceased with the | exchange of ratifications, though the right to administer the government, of course, continued. From the moment the United States ceased to be foreign country with respect | to Porto Rico and until Congress acted importations were free from levy of duty, whether from one place to the other or vice versa. In our opinion the authority of the commander in chief ceased with the ratification of the treaty of peace, and the right to free entry of goods continued until | Congress constitutionally acted. The deci- | sion for this reason will be reversed. | Justices Gray, Shiras, White and Me-| Kenna dissented. The dissent was based ' on the ground that Porto Rico does not | ipso facto become a part of the United States so far as the tariff laws are con- | cerned the moment the treaty of pedce was ratified. | The case of Armstrong vs. the United | States, involving the validity of a duty | assessed on goods shipped to Porto Rico during military occupation, especially be- fore and partially after the ratification of | the treaty, was decided on the lines of the Dooley case, the court dividing as in the latter case. ~ 1 HISTORY-MAKING Coudert Says Government Cannot Have Colonies Like England. TR A NEW YORK, May 27.—Frederick R. Coudert Jr., who argued the cases of De Lima and Downes before the Supreme Court, said: “This De Lima decision affects only the dutfes collected on Porto Rican products previous to the passage of the Foraker act. We have covered the guestion of dutles collected since the passage of that | act by what is called the Downes case. This is an issue which we created to test the copstitutionality of the law.” Speaking of the De Lima decision Mr. Coudert said: ““This case, I think T can say, is a his- tory maklni decision. It will have & bear- ing upon the position not only of Porto Rico but of the Philippines and Hawal: as | well. It practically means that this Gov- ernment can have no such thing as col- onfes in_the sense that Great Britain Las them. Every inch of territory over which the flag floats must hereafter be consid- ered an integral part of the Unlon.” Charles Frederick Adams, of the law firm of Coudert Bros., who prepared tne case of De Lima, said: “If the court says the Foraker act is ageinst us, for Congress has the power to discriminate against ceded countries. In that act a duty of 15 per cent of the Ding- Jey tax was regarded as legal on zoads shipped from Porto Rico; but in the case of Downes it was brought up as a test case, their duty being levied after the passage of the Foraker act. Naturally members of the firm of D.| A. de Lima were ¢lated by the declsions. Said Mr. de Lima: JOur contention that Porto Rico sugar was American sugar, and therefore not dutiable, has been sustained.” Another member of the firm said: “We are much gratifled to learn that a great national auestion has flna;lx been settled. Since Porto Rico came under the American flag the firm has pald under protest duties amounting to a large sum, which, we understand, under the Supreme Court’s ruling, will have to be refunded.” St W. J. Bryan’s Opinion. LINCOLN, Neb., May 27.—W. J. Bryan's only opinion on the decision in the insular cases was that it upheld the contention of the Republicans in some respects and that of the Democrats in others. He said he would not commit himself further on the effect of the opinfon until he had read the full text. He hoped the constitution would follow the flag. S Engaged in Coasting Trade. WASHINGTON, May 27.—The Supreme Court to-day decided what is known as the Huus case, involving the question whether vessels plying between Porto Rico and Néw York were el ed in the coasting trade. The court’s decision held that they were so engaged. 7 ‘There are 16,000 policemen in London, The man who is afraid to think for him- self should acquire a wife. . THE TRICK. TRICK may involve deceit or it may be a display of peculiar skill. These is deceit in some soaps, but there is none in Ivory Soap; it is a display of pecu- liar skill. It will stand any test and can be relied upon to do all that is claimed for it. IVORY SOAP IS 99*% PER CENT, PURE. GOPYAIGHT 1990 87 THE PROOTER & GAMSLE 6O 0INEINNATI CUTTER GRANT OFF THE REEF Disabled Vessel Towed to Victoria for Repairs. e e’ Bpecial Dispatch to The Call, VICTORIA, B. C., May 21.—The United States revenue cutter U. 8. Grant has been floated. She was lifted off the rocks in Eaanich Inlet yesterday afternoon and taken in tow by the cutter Perry and the tug Mystery. She was hauled out this afternoon on the ways here for repairs. Her injuries are conflned t6 her hull, but, there, being a number of holes, many new plates will be placed in her. On the arrival of the Grant here to-day it was learned that it was due to the de- sire on the part of Captain Tozier to add to his collection of Indian curios that the Grant went into Saanich Inlet, a body of water scldom frequented and not more than fifteen miles from Victoria. There is a deserted village of the Malahath Indians there, and a few days before the Grant started on her cruise word was sent to an officer of one of the ships at Esqui- malt, s collector ‘of Indian totems and other curios, that there was a fine collec- ticn at the Malahath village for sale. CGaptain Tozier learned of this and when the Grant left here she proceeded to Saa- nick Inlet, where Captain Tozier hoped to procure the collection. Unfortunately, the Grant ran upon the rocks which lie opposite the village and was almost lost. Had she slipped but five feet farther for- ward she would have glided right over the rock and foundered. She was lifted from the rock at high tide on Saturday and towed here by the Perry. Amendment to Be Accepted. HAVANA, May 2.—By unanimous agreement the Cuban Constitutional Con- vention has decided to take a final vots on of the Platt amendment to- the nm-umn*; morvow, o conwervitives claim that the Platt amendment will be chlud by the convention by u vote of 17 to 1L Boers Cnpture a British Post. LONDON, May 28.—The Times publishes the following from Cradock, dated May 27: “Kritssinger's invaders of Caps Colony captured a British post of forty-one men near Maralsburg after a stout resistance.’” SE—— Order of Americus. Berkeley Council of the Order of Ameri- cus at its last held meeting tendered a reception to the members of San Fran- clsco Counell and presented a class of can- didatesfor the degreeteam of the visiting council to inftiate. After the degres had been conferred there was a programme of entertainment that lncluder? vocal se- lections by the Golden State Quartet of male volces, selections by the Mandolin Club under direction of Walter Clarkson, recitations, and at half past 10 a supper in honor of the visiting members of the order, who greatly reclated the hospl- tality of the entertaining counefl. Friends of the Forest. America Council of the Friends of the Forest has arranged for an apron and necktie party for the 15th of June in Oec- cidental Hall, in the building on Larkin street formerly occupied by the Supreme Court. Lincoln Lodge had a pleasant “at home™ in its hall last week. e unpleasant weather kept away a number who usual-, Iy attend the functions of this lodge, but those who did attend had an enjoyabla evening. The Supreme Lodge of this order will meet on the 4th of June in annual session. Daughters of Liberty. The grabbag party given by California Council of the Daughters of Liberty last week was a great success and @ one of the most enjoyable of the many so- cial functions this very much alive organ- zation has given. After the grabs there was dancing till 11 _o’clock. The function was managed by Laura Cantus, Minnie S%roul. Etta Crawford; Marguerite Thomas and Georze Little, Two new councils are to be fhstituted during the first week of June—one in Oak- land and the other in Pasadena. —_——— The output of coal in Washington State Tor 1900 ‘Was abowut 3,200,000 tonss A WISE OLD DOCTOR This Is a Story With a Moral. Once a young man met a wise old, doctor. The young man was poor, as young men as doctors often get to be. The doctor was rich, often are; but he had studied hard and had invented an electric beit which he thought was better than anything else in the world as a strength- builder. He hoped some day to prove its value. And then he hoped to be as rich as the wise old doctor. The wise old doctor and the young man had known each other as fellow-travelers for two whole days, and they were rather inclined to be sociable, as fellow-travelers often are. “] would like to ask you, Doctor,” that doctors as a rule are so bitter against my electric belt; said the young man, “why it is why you always condemn it, and discourage your patients from using it?, Do you mind giving me an honest answer to that question?” “Why, my dear boy,” “that is a ridiculous question. grocery stores on opposite corners; said the wise old doctor with a fatherly smile, Let us suppose that you and I owned that I had a good customer whom I wished to keep, and that he asked me if I thought yott sold better gro- ceries than I did, and at fower prices, do you think I would tell him you did and advise him to trade with you? No, my son; you don’t think me such a fool. “Doctors, my boy, are doctors because it brings them a living, and they are not going to lose a good customer if they can help it.” “But,” ventured the young man, “do you not know that my plan of He Wrsa't Losing Any Patients If He Cyuld Hzlp It. . treatment has merit and some remarkable cures even after doctors Jhave tried their best and failed? Do you not acknowledge that my belt gives a great force of electricity into the body, and that after my that it has made e years of careful study I should know how it ought to be applied? Based on its actual merit, ought not the doctors to recommend it for the good of humanity?” “Yes, yes, yes.- I concede all that, my son, but you forget that if we acknowledge all this to our patients we would be taking the bread out of our own mouths, and that we are not willing to do. I know of two cases of my own patients who have used your belt, and they have spoken very highly of it; can help it.” but you don’t get any more of my patients if I So said the wise old doctor, and the young man agreed that he was “up against it.” All of which suggests the moral: If you expect the people to recog- nize the merit of your remedy you must “blow your own horn.” That's what I'm doing. I will tuke any case of Rheumatism, Lame Back, Wasting Vitality, Nervous Debility, in the world. I take or send for my free bool women under a guarantee to cure or no pay. Varicocgle. or any weakness in men or My Electric Beilt Is the best he old style, turning kind in part payment. Call 'DR. M. C. McLAUGHLIN, 702 Market street, corner Kearny, San Francisco. o ’