Arizona weekly citizen., 1888-01-14
TELEGRAPH.

IT. Whitney and others against mm. M- Robertson, formerly collector oftbe port of New York. The question raised, was the scope and force of certain provisions contained in the treaties concluded be- tween the United States and the hepuo- lie of San Domingo and the Kingdom of Hawaii respectively. Plaintiffs who sp- pesred are New York merchants who imported in 1882 from San Domingo a large quantity of molasses and sugar similar 10 kind to those imported from ths Sard ~ich Islands. The collector erscted duties on these San Domingo sugars amounting to S22,OOO, paying same under protest. They then brought suit against the government to recover the amount eIscted on the ground that by virtue of article g of the treaty be- tween the United States and San Do- mipgo the United States was debsrred from imposing 8 higher duty or any other duty upon the products of Domin- go than imposed upon similar products of other countries with which the United States might have commercial relations. Sugars similar to those ID controversy were imported free of duty from the Sandwich Islsn1s, and under treaty provisions. they therefore contended they should be admitted free from San Domingo. The court held first:
 The ninth article of the treaty between the United States and San Domingo merely pledges the contracting parties that there should be no discrimination in legislation against imported articles from either country in favor of products of ike character from sny other country. IL was never designed 10 prevent special concessions like those granted Hawai- upon sufficient considerations for i'm porting specific articles. Tue olesrest language necessary Co justify the con- clusion that the United States govern ment intended To preclude itself from such engagements with other countries which might become of the highest i'm porssnce to our interests. Second: The sot of congress under which ID this case the exsction of duties were su- thorized the collector, was of general application, making DO exception in favor of goods of any country and passed after the treaty with the San Domingo Republic. Ifthere is any con- fiict between laws and treaties the for mer must prevail. The country that IS dissatisfied with the action of this legis- lstion ought to address its complaints to the executive hesd of the government and take measures which it deems es- sentisl to protect its own interests, when the jaw, clear in its validity cannot be ssssilei before the courts for want of conformity with treaty stipulstions.
 The judgment of the United States supreme court is in favor of the collector and therefore affirmed 6 similar decision rendered in the case of Hugh Kelly Ts., Edward l.. Heddon. Had this dtcision been adverse to the government, the United States would have had to pay many millions of dollars ss refunds for duties exsoted ss above. The suits were test cases. Justice Field wrote the above detailed decision.
 BAN FRASoIsco, January 9-There
 were six cases of smallpox reported to- dsy.
 SAs FRANCISCO, JsnusrY 9-A number of witnesses were examined in the trial Of Clara Belle McDonsld, which com menoed to-day. Dr. K. H, Mcdonald related the circumstances of the shoot ing, which occurred ID the reception room of the Baldwin hotel about three months ago, when Mrs. McDonsld call ed upon him and offered to make no op- position to her husbands efforts to ob- tain @ divorce if hundred thousand dollars would be paid to her and her child.
 PHILADELPHIA, January 9-The first annual meeting of the Philadelphia k Reading Railroad Co.,, under the reor- k,11 President Oorbin personally read the annual report, showing the net earnings of the twelve months ending Novemb IT 90. 1SS7, were sl. OH 900, The net earn ings of the coal and iron companies were Sl, 100000. E. Lockwood stated the president sad nothing about the pres ent strike strike and offered resolution referring to the strike and requesting Geo. ". ChIlds to set ss arbitrator of the differences. between the company and employees. The resolution, how ever. was tabled. The vote for officers was then taken. resulting in the cleo tion of Austin Corbin ss president
 SAN LAKE. January I0-The twenty eighth session of the Utah Legislature convened yesterday. 4. Smith was elected president of she Council and ". ". ReIer of the House, both having held the same positions at the last session. After the election of officers in the house. Howe. Liberal member, said he thought the members should be sworn before any business was transacted. The Secretary then administered the oath under the Edmunds law, and on motion another election of officers took place, being the same. The governor's mes sage will be read in joint session to-day.
 WAsHNaros, January 9.-After the resolution of Brown to repeal ths in- ternsl revenue tax had been laid on the table, the Blair education bill was taken up. Yest said if he was called upon to frame title for il, he would call 1t "an act to erect monument to ihe memory of Alexander Hamilton and to encourage mendiosney in the Southern States He expressed surprise aud regret that democratic senators sho had given their lives to the defence of & strict construc- tion of the constitution and the Jeffer- sonisn doctrine that all powers of sp- propristioD given congress under that constitution, were now found willing to surrender sll land marks of the party in the presence of the great temptation in the presence of the proposed law. In hIs judgment the enactment of the pend ing bill would be a greater calamity than war, pestilenee or famine.
 After executive session the senate sd- journed.
 WLsHIsaros, Jsnusry e.-Springer of Illinois offered a resolution proposing a constitutional amendment prohibiting polyRamy.
 Anderson of Iovs-A resolution di- recting the attorney general to report to the house what steps had been taken by him to secnre the judicial enforcement ss required by set 278 for the forfeiture of the grants, privileges and franchises | received by the Pacific railroads from | the United Ststes. they having failed to | comply with the regulation passed by | congress.
 Further sell of states was postponed | sfi tomorrow and the house adjourned.
 DUBLIN, January 9-Edvsrd liar rington testified st the trial of bis broth er, Timothy Harrington, M. F., st Trs- lee to-day, on charge of publishing re- ports of suppressed meetings, thst the latter hsd no share in the management of the paper and was entirely ignorant
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