davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
POLICE cAprA1y JOHN MELwAIy RETIRED

Police Captain John McElwaih was retired on an
annual pension OF Sl.375 Yesterday upon his own ap
plcation. lie Is nearly sixty years old. ana ne De-
came policeman in 1861. In 1858 he was maze
roundsman. and the following year he was promoted
IN the rank OF sergeant. He appointed captain
on August 81. Is73 and a few months later he re-
ceiycd honorable mention by the Police Board for the
prompt arrest Of John scannel. who murdered Thomas
Donohue on November g. 1872. Scanneu Is at
nre>ent an influential Tammany politician. Captain
McElwain commanded several precincts at different
times his longest in one place being IN the SIX
teenth Precinct. from which he was moved 10 the
Grand Central station few years ago. His transfer
IN the seventh Precinct last week. when he was
ueernc from rheumatism. forced his retirement lie
will spend the remainder Of the winter IN georgia. ana
later will live with his son in Brooklyn
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
A CASE UNDER THE M'KINLEY ACT.
JUDGE LACOMBE PRONoUNCES THE LAW coz
STITUTIONAL BY CONSENT

STITUTIONAL BY CONSENT
Judge Lacombc in the United states Circuit Court
yesterday. made the fir, legal decision that ha, been
handed down in thi, cty IN a case arising under tie
Tariff Adm nj. tIa'vc aud Mckinley Tariff acts The
the motion of II. Herman. stcrnbach q 60. to
review the action Of the Board II General Appraisers
In affirming the classification by Collector Erharit q
certain import, Of manufacturers Of cotton and haX.
stanley, Clarke smith appeared for the importer,
and Henry C. Plat. assistant United states District
Attorney. represented tn" Government. The plaintiffs
alleged that the Mckinley Tariff act Wa, uuconstitu
tiOnal for three reasons: First that the act. il
passed Congress. not sent to the Pre-, ID mt, and.
signed by him. never passed either house second that
the President has right 20 suspend the operation II
tariff law and. third, that the bounty on sugar pro
vdcd for in tn act. j., unconstitutional
Judge LacOmbr dismissed the jury for the day. The
only issued involved being Of law and not Of fact
stephen q. Clarke for the plaintiffs, then opened tn,
case with a reference 10 is importance from several
points Of view lie assumed that the Judge would d.,
miss the appeal. and that thi, dismissal would be
expression nr Of the Courts opinion, bat Of IT. desire
10 aid in getting the before the highest court
soon a, possible TIL; present proceedings wcro
merely taken to brine the before ID" snprcm"
Court. but Mr.. Clarke thought it ouy fair that H.
should explain the upund~ If his side.
Mr. Clarke cont.udrd that the bill which the Pref
dent signed not the which had been passed by
Congress, because substantial section providing for
the payment Of money a drawback had been
omitted. The provision allowing the President To leyy
duties in certain coHiinccncc, conferred legislative
power the executive branch 81 the Government and
Therefore Illegal. The bounty on sugar. he ,lld
contrary t. the Constitution, because not arthO
zcd by II. and a Objectionable a. law paying
lawyer much for every case in which h. vas r.
tanned would be. \, tic act provided for the col
lection OF a revenue to pay the bounty Ia" section
ating 20 tir bounty could not be separated from III,
rc-t Of the mca the section must stand or fall with
the rest Of the at.
Nj. plat argued that the omission by clerical error
Of the section was trivial one. which did not vitate
the entire act. The measure Wa, complete without
IT, He al,p declared that II ahdicat0n Of the
legislative power for tongfrN, T. authorize IA; l'c,i
Grnt to suspend thr operation Of law, under certain
n>;anCc, by prOclamat IN. with In" legislative
declaration mt aIOJ"r measure sh uli ~ once 90 into
effect The President wds not authorized 10 lc-i'latr.
but merely 10 execute laws. Tie bounty sugar, H.,
held aid not make ia" act unconstitutional
Judge LacOnbr affirmed the decision Of the Board Of
Appraisers and said he wOdld grant an appeal 10 tho
United states supreme Court.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
svODRJSU SNlRLS AT MR.. W4NlM1KER

From, The Nebraska state Journal
r,re annporS 10 be infinite snobbery in the attacks
.h.. a larp, number oil the Democratic newspapers,
t,i~ and LITTLE have aimed ut John Wanamakci's per
.D'Hn,Iitv an The ground that lie man who had
teru successful IN trade In great city and had &C
Gnircd a National reputation as merchant before hc
,vas suokon OF rs IOStmasicrGeneral. They nave at
ccd his bu,iness which is an extensive and honorable
"ur built upon the sure foundation OF enterprise and
integrity They have attacked his management OF
he Postal Department, which has been conducted on
the same sound principles with which he has con-
ducted his Immense mercantile enterprises. And they
Are sin snccring at him because he was in trade and
founded his own fortunes the humblest beginnings
strh mon a. Wananlaker an honor To the country
md to their era. when they consent To hold ONCE
Ihry confer "a favor tho people. They do not ac-
cent for the salary, they are independent OF money
considerations and do II at secunlary sacrifice, be-
cause they are willing to serve the country and assist
in carrying out the policy OF their cherished pontc
party. They can w Tusteds
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
gisry ATracUMEyT AGlTNST BAyKERS.

Deput sheriff yesterday took possession OF tho
orces OF winslow Whtock Co.. bankers and brokers'
AZ No 3O Newest. attachment granted By Judge
Ualy OF the Pleas for =i.SO In favor OF
Koert Knapp. balance OF money deposited by MN
with the irm which declared they refused TO
when called upon TO The attachment granted
on the allegation that the fym had disposed about to
dispose property. IL also alleged IN the az
and belief that the firm were IN
Crane Parish Co.. OF Washington $40 600 and
900 had paid OF bts OF $50 900
I'm the last week, TO the prejudice o, Nj. Knapp. IL
supposed that the rm had deposit OF 800 IN the Bank
state York. the sheriff attach.
there but IT declared FUNDS
bank. The rm Is composed OF Frank B. Winslow
T.. Howard whitlock ana Richard M CCrwinc II sue
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
SUPREME COURT.

Washington. Jan. 27.-rhe proceedings in the su-
pr.mc Court Of the United states Yesterday were ~
follows:
No. M Tho Sioux cts street Railroad COMPANY
plaIrtn lu error AIT. the city 81 0.ouA CIV. 81 al
I'm error 10 the supreme Court Of the state OF Iowa.
Judgment affirmed. With costs. . -, 49,.
80. If1G-Thc Chicago. SAINT" lie ana CALIFORNIA
Railroad Company. plaintiff iu error AIT. John u.
Pcr ct al etc In error 10 the Circuit Court "i the
I-.t.d states for the Northern District OF Illinois.
Judgment affirmed with cost, and interest
40 15~-Ihc Iaiied states. appellant: agt uc
Central Pacific Railroad. Motion 10 vacdte ana N't
sid, The ORDER cltcrcd herein December H. ESQ
di-mi,-ing this appeal to the sum OF @-Olo9i 81
30 75--Thc United states. appellant, agt the
Central Tactic fiallr,Nd. Appeal from Court oi
Claims. Judgment OF tn Court of Cdlm@ ~ TINS
cause Is To the sum oi S9-A-2 % reversed. and a. to
the sum Of r-Gt.o9i 81 affirmed.
The Chief Justice announced the following order OF
tho Court
So BOZ and 553-Go2 t. di7, inclusive; d33 to "i2'
inclu,v o. 10 G~l. inclusive, lab 20 Lilo. IN
,!u,Nc and .JOJ-thc Chinese cases. Motion 10 al
vance submitted nh,
Genital Pacific Railroad Company. Mandate granted.
The Court will adjourn from Monday. February -
10 Monday. March =.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
TIE DEATH OF MRS MARY e. FLACK.
ITS EFFECT on THE PROSECUTION OF HER HUs-
BAND AND son.

ITS EFFECT on THE PROSECUTION OF HER Nus
BAND AND son.
The death occurred at 1 a yesterday OF Mrs.
Mary T.. Flack, wife Of eXSherif James A. Flack, at
her home, No. SO East Onehundred andsiXthst, from
paralysis. She had been Ill for about two months
Her maiden name Mary +. Weeks, and she was
born in thl, city sxy-Onc years ago. At the age OF
nineteen she married to James a. Flack, VINO
was at that time bookbndcr. The rest OF her life
has become familiar to the public. Her husband be-
came prominent in Tammany political circles and was
finally chosen sheriff. lie had won wealth. and under
the new conditions lie tired Of the wife OF his young
manhood.
Fllck became intimate with a woman named Sarah
Cherry, and installed her under the name Of Mrs.
RAYMOND in a fine house. Even this did not satisfy
the woman and she persuaded Fack to get a divorce
from his wife, lie did secure divorce from her by
having a suit for a divorce from him brought In her
name but without her knowledge. She was per-
sliadcd to sign an affidavit charging her husband with
adultery, without knowing anything about the con-
tents Of the document. The fraudulent divorce was
granted, however, in the Court OF Common F!eaS by
Judge Boohstavcr
The true facts OF the became public. however,
and James \. Flack. the sherfs son. William l..
Flack Ambrose Mcneil. the referee in the case. and
Joseph Mcci, the notary were indicted Mcneil
died. but the other three convicted OF consprnS
to obtain a fraudulent divorce The Court OF Appeals
recently, however, reversed tho cOhNlcuOh Vi uo
FIacks The impeachment proceedings brouglH against
Judge Boolstaver for his connection with the case
failed OF success.
Mrs Flack. who testified against her husband and
son, afterward brought suit for divorce from the
former Since her illness her son has visited her con-
stany and he also secured TO take care of her
The funeral viii take place 20 morrow at y, m mo
burial Will be In the family plot at cypress I'M, Gene
tcry Besides her husband and son, Mrs FIack leaves
two nieccS ',.,,.
Ia. Judge Horace Russell. who is James a. Flack5
counsel sent "A letter To District Attorney NcOU yes
tcriay. telling him of Mrs. Flack's death Mr.
NcOll said aftcrward that her death would undoubt
edy hamper the prosecution of the charges aSalhst
the FIachs lie dd not think however. that 1t would
prevent IT, The testimony which Mrs. Flack gave ~
lie former triad might be read TO the jury but even II
il we're IL would not be nearly effective as II was
,rhcn civsn nv her orally. Mr. NcO said that 10
would study mp the case and make up his mind what
70 do In u fcw days.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
WErI.yKOWy FIRM TO DISSOLVE.

T. was formally announced yesterday that on February
the Stock Exchange firm OF II. h thos Co. VIII w
dissolved The intention OF the members Oh the hth 10
,L this stem has been known among their friends Tor
some time The firm was organized on May is. $50
and consists OF Henry X. Enos and Thomas t. BucA'
Mr. Tnos has been a member OF the Stock fNchahs'
aimee MAY H. 1873 and Mr. Buck since OCTOBER y 1919
m. house AZ one time conducted large amount OF bus'
Mas for william H. Vanderbilt Mr. Enos VIII devote
himself hereafter the affairs OF the Missouri hah'a,
and Texas Railway OF which he is pssident and toward
the rehabilitation OF which he has successfully been uV
ING h, energies in the last two years. Mr. Buck Vas
,,orsly IN some time ago and he will take needed
rest from the cares OF for awhile. He Is one
the most popular in the Stock Exchange
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
COUNT OF ArrEALs DECISIONS.

Albany Jan 37.-In he Court Of Appeals to-day
N, following dcci ions wcr' handed down:
TIN, Mayor of Sew York. respondent. AIT. George
Law and other, executors. etc. appellants tn same
respondent, ugj. Philip Goldman, impiu, etc, dp
.,clmt. ~ ic probate Of The VIII OF benjamin "
hatagash deceased JUDGMENT affirmed with costs.
The People ~ ri Loul, lrich appellant. aE
lame, -. zen. Police COMMISSIONER, respondent :
France, f. G.. Ferris. respondent, AT. Ia" Ncw Haven
the Armstrong Manufacturing Company. appellant,
David n. Mct arihy and others. survivors. ec.. APP
urll,ut. ug Isaac y. Wright and anO her
Ir,nuudrn. +, the People aet. william H. CouGhtIN IN
rc state II Benjamin ". Shcrwell. etc. Order
affirmed. with costs.
t,.or-, Macarthur, "A, committee. etc. respondent,
act Henry Gordon ard other. appellants. Judgment
III General and special Term, reversed. and
trial granted. with costs 10 abid' the event
Franklin Alien and others. executors. cfc.. ~
.poudri' - az. Henry Allen ana Others. appellants
Appeal di-uii-,cd. with costs.
oliver r. Hopper. respondent, agt Mary G.; Hop
pcr cNccnriX. etc. appellant. Judgment affirmed,
and Judgment absolute ordered for the plaintiff on th1
F., ipulfiOn, with costs.
Catbcrnc r. Daniels admin,iritriN. etc. rrsrond.
cut az. the staten Island Rapid Transit Railroad
Cmpany. appellant. Judgment rcycrS d and new
trial gran ed with costs o abide the event.
susan h. Gri,wold plaintiff. agt Allen G. sawyer
and OH r.. defendants. order of General Term re-
yrr.cd and Judgment entered the report Of the
referee affirmed. with costs.
The second Division met in their new rooms yes
rcr,lly for the first time.
The following are the calendars for tomorrow:
First Divon-Nos -. ~. 63, %. %. 81. go
ana %. ~ 80 -, -, -, -,
157 and 1913.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
CHANGES IN THE POLICE FORCE.

The Police Commissioners yesterday received pe-
ttiop ,tgn,d by the Rev. Dr. Ketell. rector Of st.
Ann, Parish and about 300 other persons living IN
Morri,ana asking that The transfer Of Captain Brooks
from Morr,anla to the Sixth Precinct be revoked
CAPTAIN Brooks had commanded the police In Nor
na so well that his removal TO another part OF the
city was regarded by the signcrs Of the petition as
mi fortune. The Police Commissioners thought that
Captain Brooks needed at the Elza0etst. station
and the petition was placed on file
sergeant llaughcy was transferred from the East
Eighty cishth,t station TO Uakst. at the request 81
CaptaIn O'Connor. sergeant Farley was sent from
Oaist. 10 fremont. and sergeant Click was mower
Dom fremont to East Eighty cighth-st Policeman
Conkling II the steamboat Patrol was dismissed from
the force for int0XicatOn
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
TIE TARIFF on WORSTEDS.
JUDGE LACOMBE VIRTUALLY DECIDES THE
nINGLEY ACT INOPEENTIVE.

III NGLEY ACT INOPEEATINE
stephen G.. Charlie and Edwin Il. smith. attorneys
for Balm Joseph * CO., importer drove a coach
and four through an act 81 COugrcs, yesterday. and
only tbc Supreme Court of the United STATE, can re
paIr tlc damage done. The firm brought suit In the
United States Circuit Court to alleged cXcc,
of duty charged by the collector certain wor,cds
imported by them lie made them pay % cents a
Mound ana 30 per cent Vaor. Classifying the goods
az woollcus under the Dinscy Act Of May .. 1-JO.
The importers held that the duty should be Fl cents
pound and 30 per cent ad valOrcm, under tie 1anl
net Of 1os3.
The Dingley Act merely directs that the Secretary
OF the Treasury shall classify wOr,tcds wOocns.
When the case came up before Judge LacOmbc yestcr
day McsSrs Clarke aud smith argued that there was
nothing i'm the Dingcy Act show that the cllssin-
cation was to he made for customs any other pur
noses and that the act thcrciJsc could not be made
o apply in the particular Hc,dc. the Board II
AupIa,er, in mailing their return. declared that the
secretary Of the Treasury had not classified the goods
In oues,ion and I'm faC.. had never seen them. The
p,iuliG.' attorneys held that this provision Of the
law, had not been obcycd the Government had right
10 levy the higher rate Of duty.
Henry c. Plat. Assistant United States District
Attorney argued the case for the Government. lie
hold that the circumstances under which the bill
had been passcd showed that IT applied to the cass
Gcatiou of mpoetatiDns alone. The act did not mcan
lie coptnucd that the secretary Of The Treasury should
in person examine and classify all imported wOrsted,
As that would be manifest impC.sbility. He cOuld
delegate that power, lie did many Others, TO his
subOr1inatcs
Mr. Clarke also made the point that the Dingley
Act lad been legally passed by Congress.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
IRISH AMERICAN MILITARY UNION.

The Irish-Amcrcan Military Union OF the Ch'Vu 9'''
has a. length decided the next National cncahprh'
q, the orqanzaton shall be held in the coming summer
A. Oceanville Park South Beach, Staten Island Inc
Of the organization, Colonel Thomas H.
Ronayne closed the contract yesterday with the o"hI
Of the PARK. lie says that ulefe WI" D. ~ '"''
s,,,tors undor canvas during the encampmcnt which
will continue for four days. They VIII have battery
Of artillery with eight and an Interesting feature
Of the exercises will be sham battle. which vi" take
Mace on the second day Of the cncanpneht Ih'' VIII
no cr,rk connan,cs belonging to the Military Union
from far distant States and valuable prizes Tor po'
cheney in exhibition drills and athletic sports VIII be
given Daniel O.. McGowan o. this city, has been ap'
pointed by the commanderlnchief al the ConnissarS
General Of Subsistence.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
CONSIDERING THE VEST END DRIVEWAf'
ONLY SIX OF THE COMM ssIoNERs MEET AND
THEY DISAGREE.

THEY DISAGREE.
The advisory commission on the proposed Wcs'
Side Driveway were to hold meeting at the Mayor
Office Yesterday but only six members attended, VIZ.
cx.sccretary W. c. Whitney. Lawson ~ Fuller Dawn
W. f. d. stokes. Mr.. DonoIue presented io"s
statement which was read by Commissioner ol az
counts Barker the secretary Of the commission. ~
recites "as the purpose If the improvement Oh t'o
Hudson River front, north of seventy -ninthsI' w
bnjldlnc sea wall or bulkead to Ninety sixth'st'' anu
the establishment along the entire length OF tan'c
road or avenue; that the area emb 'aced IN tNe ~"
proyement lies west Of the land now deVoted 10 "'o
use of the New York Central and HUDSON hiVer h"
road tracks, and Is idle waste land"
II is recommended that the same prihcipc oo
adopted in paying for this Improvement rs That en'
poyed in regard to the new parks beyond the haren
River that is, by long lOan chargeablc against tho
Sinking Fund There would be no proprleV i'll
making il a local charge" The cost OF the driveway
was estimated by Mr. ODonOhue at S3,10''3os
Ex-secretary whitney said that in his opinion .'oro
should be a larger attendance OF the commute" oc
fore any important steps were unde taken lie 1iS'
scuted. also from the report, saying: u 40 ho'
think that the functions of this committee nave Deeh
properly described in it. If so, then am out Oh
place in tins body. II We are not ID con ,ndnoint
cXpedency of the improvement from every stamupo,.,
why are we wasting our time with 1T at ali Ny
impression is that were to act as An ADVISORY
committee hoard IN conjunction with tue jOaru VI
of Estimate and AppOrtGHment' Mr.. Stohe9 PIv,
posed that the members present sign the report anu
that il be submitted to those absent later put als
further discussion the subject was laid over uhui
Tuesday when there Will DC another meeting
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28


AT will be nO;ed that the New England ana
Middle States give {; heavy majority for the MchheN
hill in the Central and western states sen lhe' Is
mora divided This result Is due. IL we NAV iudg'
by the comments Of many of the voters l" 'hc i'f'
that the increased protection on farm produce Is be
ginning TO make isef felt. more especially In the
New. England and Middle states. though not vet eN-
nericnccd 70 such an extent in the less diversified
earning OF the West and Northwest. RECIPROCITY win
u,nada is amazingly unpopular. especially IN INC
Eastern half Of the United states. where the com
petition Of Canadian farmers is most feU' IL i
strange also, that Canadian Subscribers shouIu
he so evenly divided this point. The tremch
dous drift toward reciprocity with The countries -
the south of Us will be generally acknowledged a the
most notable revelation Of this by The Home
stead, and Farm and Home to ascertain The real
views of our working farmers on the taFih question
The voting has been very generally confined TO farmers
as few pos al cards came from the cl'les.'
In cdtorally discussing the result these papers say
"Tbe tariff questions submitted to the farmers Of
tho country I'm The Homestead and The Farm ana
Home voting contest were well calculated to draw ont
nm expression of the farmers opinions on the points
involved. Thus the practical question before us i
whether the new tariff will help American Ifm-
ors more than it will hurt them. The very cohNid-
cradle majority in favor Of this tarh Is no DOUBT
LARGELY due to the direct protection on AGRICULTURAL
products which is striking feature Of the new eg'la
lion This protection evidently appeal, more
forciby and directly to many farmers than iaVorN cA
tended TO other industries arouse the farmers an
taconism 1t appears therefore that 11217 farmers
think that the good points OF the new tarh VIII more
than Offset its weaknesses and inlu'uceS, 50 lar -
farmers are concerned, while 30133 hold the opposite
view.
THE tremendous majority for South American reel
procty is d marked tribute to the attractivcne's "i
this proposition and indicates that il VIII be one OIL
the leading issued in the campaign Of lo"2 Inc
oppoSton to such trade with Canada Is 80 decdeu Is
TO warrant the conclusion that the proposed Tecproc
nv with the southern Republics will maintain IT.
non,,arsv among orr farmers according 70 the cx-
tent 10 which 1t is shown that the circumstances IN
VOWED differ from those which have developed SUCH
oppostion to reciprocity at the north Of u.s.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
TIE WRECK OF THE MAGGIE E. GRAY.

Among the passengers who arrived here YESTERDAY ~
the Adrondacks from Jamaica, were Captain liver 'oh
bIs Wife infant and four OF the crew OF inc SCHOONER
80, On tho Caribbean Sea, on December 20. The
x.se was fast drifting shore when the captain sum
, his wife and chad and with two OF the crew puleu
,or shore promising to for the rest OF the crew"
The vessel soon ran the rocks the waves msAhs
.r svaa, over her For twentyor hours the remaining
nan CHING 20 10 the wreck, which they feared wouio
break up at any moment. At last rope was thrown
10 them bv the islanders The sailors then got ssho's
hand over hand. The Maggie f. Gray which was ioaod
with cuano became total wreck She was ouilt "
Baltimore in 1857 and registered $50 tons
Tho shpwreeked crew, after stay OF ten days on tn'
,sond were taken to Kingston. Jamaica, BY pasns
..sel and sent here by the American Consul
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-28
MEMBERS OF THE PRODUCE EXCHANGE AROrSED

Considerable opposition has developed 10 the proposition
of the Board Managers OF the Produce fAchan9c To
buy in certificate memberships at $1,000 apiece Inns
scheme has been voted before and IL Is std That tho
arce majority OF are now against 10 Ac-teF-
day petition circulated buresqulng IN some degree
the posted by the Board asking the members
IN exprcss their this question The petition
aid th,. two men, through error Of judgment, hgd
pork and beans they could sell, and the Board Of
Managers was requested TO buy all the pork and beans
out OF the net reserves Of the Exchange at price that
would unfortunate Spectator, 70 per cent pont
member Of the captured the petition, but not the
moral which was that some people btllcyc that The
scheme OF Board although honest I'm Intention would
benefit only ticket spcculato.s that stuck"