davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-03-02
JUDGE LOCKE opERRULBD.
An Important Decision by the Supreme
Court on BeLtf0erencY.

Court o... Betif0erency.
WASHINGTON, D. c., March 1.-The
decision in the case OF the alleged flipus.
ter Three Friends anpounce in the Su-
preme Court to-day by Chief Justice Full
ler is likely 10 have an important bearing
on similar cases.
In the lower court Judge Locke held
that it was insufficient under section 52S3,
Revised Statutes, because it was not al
legged "that said vessel had been fitted out
with intent that she be employed in the
service of foreign Prince or State, or any
colony, district or people recognized as
such by the political power of the United
States"
Chief Justice Fuller said the court
agreed with Judge Locke that the conten-
ton that for seizure of the. vessel under
section 52S3 depended upon the conviction
of person or persons for doing the acts
was untenable. The suit, he said, was a
civil suit for the condemnation of the ves-
sci only, and was not a criminal prosecu-
ton.
Neutrality" said the court s"strictly
speaking, consists in abstinence from any
participation in public, private or civil
war, and in impartiality of conduct
toward both parties, but the maintenance
of unbroken, of peaceful relations be-
tween two powers, when the domestic
peace of one of them is disturbed, is not
neutrality in the sense in which the word
is used when the disturbance has acquired
such heap as to have demanded the recog-
nition of belligerency and is a mere nat
ter of municipal administration. No
nation can permit unauthorized acts of
war within it's territory in infraction Of
it's sovereignty, while good faith toward
friendly nations requires their preven-
tion, Hence, as the Attorney.Genera
pointed out, though the principal object
of the act OF Congress was to secure the
performance of the duty of the United
States under the law OF nations, as a
neutral nation in respect to foreign
powers, the act is nevertheless an act to
punish certain offenses against the United
States by fines, imprisonment and for
FIXTURES, and the act itself defines the pre-
else nature of those offenses."
After discussing with much elaboration
of technical detail the exact meaning of
the words Estate, colony, district or
people," as used in section 5283, United
States Revised Statutes. and tracing the (.
history and purpose of the legislation
embodied IN that section the Chief Justice
said: .sEven if the word states as previ-
ously applied admitted of less liberal
signification, why should the meaning of
words colony, district or people be con-
fined only to parties recognized as 'bellig.
ersnt? Neither of these words is used as
the equivalent to state for they were
added to enlarge the scope of a statute:
which already contained that word. The |;
statute does not say foreign colony, dis
trict or people nor was it necessary.
'sAs argued by counsel for the Govern
ment an insurgent colony under the act is
the same before as after the recognition of
belligerency, as shown by the instance of
the colonies of Buenos Ayres and Para !.
The San Francisco call., 1897-03-02
UTCHER.
WEYLER IS
YET THERE.
But It's Only a Question of
Time Before He Quits
Cuba.
EVEN SPANIARDS TIRE.
OF HIS TACTICS.
General Blanco May Be Sent to
Take the Governorship
of the Island.
.. o
%
%.
SPAIN SECURES A VICTORY IN
THE SUPREME COURT.
=. .
Judge Locke of Florida Overruled in q
the Case of the Filibuster
Three Friends. -.
SPAIN SECURES A VICTORY IN
THE SUPREME COURT.
Judge Locke of Florida Overruled in
the Case of the Filibuster
Three Friends. o

HAVANA, CUBA. March 1.-The re.
ports which have been in circulation here
and have been ca bIed abroad that General
Weyler had resigned the Governorship of
Cuba because the Government at Madrid
had not consulted him concerning the re-
lease of Julio Sanguflly are absolutely and
entirely without found alton.
LONDON, ENG, March IA Madrid
dispatch says that the report that General
Weyler had resigned the Governorship of
Cuba on account of the failure of the
home Government to consult him in re-
gard to the release of Julio Sanguilly is
untrue.
NEW YORK, N. Y, March mot
withstanding the denial from Madrid OF
the STORY that Weyler had resigned it is
generally believed tnat if he has not
already sent in request to be transferred
he will do so in the near future. 1t Is
known that the release of Sanguilly was
extremely distasteful, and there is no
doubt that Weyler will at once resign IL
the Madrid Government continues its con-
cillatory policy toward the United States
Its possible, too, that Weylsr realizes
that he is in some danger OF removal if
he does not resign. There has been a
strong party in Spain opposed to Weyler's
methods and who point to the present
results as showing them to be failure.
Campos, who preceded Weyier. as Gov
ernor of Cuba, believes in a more humane
policy and has been strongly advocating
as his successor, General Blanco, who dis
tinguished himself at the outbreak of the
Philippine war. Those opposed TO Wey-
ler say that it is only question of time
when even Spain will tire of Weyler ana
will demand a change.
The San Francisco call., 1897-03-02

Examiner had been made by Camlnetti,
| Cutter walked over to the CORES spond-
ents' desks. and facetiously remarked that
the difference between the Examiner and
the Assembly was that wnen the Exam
iner made charge against the Assembly
il couldn't prove it, but when charge
was made against the Examiner, such as
being $4,000 deep on the payroll of the
Southern Pacific Company, it was always
proved.
Caminetti emerged from behind big
pile of law books, and rose to aquestion of
privilege. He said:
''For the hrst time in my experience
as a member of a legislative body feel
called upon, not ON my own personal &C
count, because am free to say that if no
other member of this body had been men
toned should have allowed the matter
to pass by, depending upon time, which
at least sets all things even, to justify any
action l may have taken.
1.-The article refers TO my brother men,
bers upon this floor, and hence on that
account deem it necessary to take action
on this matter | accept the RESPONSE
bility for this bill. There is nothing in
the bill in word or phrase that l do not
take the responsibility OF, and am right
upon this occasion. shall have an op-
portunity on another occasion before the
executive of this State to justify the bill
upon it's merits. l have not in this mat
ter imposed on the members OF this
House, and | myself have not been i'm
posed upon, for l myself did not intro
duce the bill without investigation and
without knowledge of the necessity for
1t. This morning l had the honor OF sub
mitting to his Exceilency the Governor
this communication:
SACRAMENTO, March l. 1897.
Hon. j. II Budd, Gouernor-DEAR SIR: AS
sembly bill 273, entitled, can act to amend
section 40 of the Code of Civil Procedure"
relating to the disqualification of Judges in
certain cases, now before you for considera-
ton, has been made the subject of attack in
the ssues of the San Francisco Examiner for
the 9th and 28Ih ult
Ordinarily, unless request is made for in.
formation, L conceive it 10 be not only un-
necessary, but "a custom more honored in the
breach than the observance to request affi rm-
ative action by the Executive upon a measure
that has passed both houses of the Legislature.
On this occasion, however, by reason of said
attacks in justice to the members who voted
for the bill as well as to myself as the au-
thor thereof, feel constrained to respectfully
request hea ring thereon on the merits of the
changes prepared in the law If not out OF
The San Francisco call., 1897-03-02
ASSEMBLYMEN AROUSED.

They Appoint Committee to Take
Action on the "Examiner's"
Lying Accusations.
SACRAMENTO, CAL. March 1.-The
The San Francisco call., 1897-03-02

Continued on Second Pa0G
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
MARTIN THORN SENTENCED.
He Is as ImperturbabIe as Ever-Ap-
pIication for Appeal.

NEW YORK, December 3.-Martin
Thorn, or Torceswisky, convicted on Mon
day of the murder of William Gulden-
suppe, was to-day sentenced to be elec-
trocuted in the week beginning January
10, 1898.
When Thorn was brought into court In
Long Island city, he stepped as briskly,
walking between two officers, as he had
done on the days when he was on trial.
He preserved the same calm, impertur-
bable expression Of countenance that he
had worn at every crisis in the working
out of his fate during the trial. and when,
as a preliminary to the passing OF sem
tence Of death, Justice Maddox put the
customary questions to him, he responded
promptly, collectedly, and without out
ward evidence of emotion.
Thorn listened to the sentence with
out moving a muscle, and when the Judge
had finished he inclined his head slightly
forward, as If bowling to the Court. The
prisoners lawyers then handed up an
affidavit applying for an appeal. Justice
Maddox took the affidavit, and viii pass
on it later.
Thorn will probably be removed to Sing
Sing at once.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
"MOTHER, M'KINLEY SINKING.
I'm Any Event, VIII BE In
Washington Monday.

CANTON, o., December Sat a late
hour tonight Mother Mckinley was
reported as sinking. and her physician
fears she will not live until morning.
Whatever the outcome. however, Presi-
dent Mckinley will be in Washington for
the opening of Congress next Monday.
Although there has never been in the
history of the government case exactly
similar to this, IT is necessary for the
President to be at the Capitol in person
at the opening of a session Of Congress.
TO receive the joint committees from the
two houses. Until this committee has
waited on the President. and received
his communication, the legislative busi-
ness OF Congress cannot proceed.
Mr.. Mckinley has arranged TO leave
Canton at 2:05 tomorrow afternoon, in
the special car provided for him, at
tached 10 the regular Pennsylvania train
which reaches Washington Sunday morn
ing. He will leave Washington as soon as
possible after attending to the functions
of Congress Monday.
l2;5O A. M.-Mrs. Mckinley is still
living, but is growing steadily weaker.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
BIG FIRE AVOIDED.
PROMPT WORK OF THE DEPART
MENT SAVES MEYERS STORE.
MUCH DAMAGE DONE BY WATER.
The Loss Is Estimated at About
s1O,OOO-EmpIoyees Were Leaving
for Homo when the Alarm Was
Given-How IL Originated.

A prompt alarm, and the instant ana
efficient service of the Fire Department.
averted what might otherwise have been
an extensive and disastrous fire last eve
ming. 1t originated In julius Meyers
Sons large dry-goods house. corner of
Broad and Sixth streets. about $40
O'CLOCK, and though IL is almost inpossi-
BILE at present to estimate the extent of
the damage done to the stock by fire and
water, very conservative calculation
places 1t at between 5000 and $4,000.
The building is quite an old one. and
this fact, coupled with the exceedingly
infiammable nature of the stock. made
the fire extremely dangerous. The an
nouncement that a fire had broken ont
at the store caused quite a sensation in
the city, and the neighborhood was quick
ly packed with dense crowd.
IN WINDOW-DRESSER ROOM
Many Of the employees OF the firm had
left the store before the blaze was de-
tected, but about thirty people were stnl
occupied in the building when the alarm
was given by Miss Tillye Hentshaw. the
stenographer.
Miss Hentshaw was engaged in copy
ing the advertisements for the Sunday
papers in the window -dressers' working
room on the third story. when she be-
came conscious of the smell of fire. and.
starting out of the room to investigate.
she was driven back by dense clouds of
smoke. She, however, made another at
tempt, and succeeded In gaining the Sc
cOnd floor, where she gave the alarm.
The fire engines arrived promptly, and
the stock had, in the mean time. been
covered, as far as possible, with OIL
cloth from the carpet department The
flames were soon under control. but the
third floor had been deluged with water,
which found its way through the floors,
right into the basement Of the building.
CAUGHT FROM A JET.
The fire is believed to be due to the
fact that some curtains which hung be-
tween the window and a gas-jet were
fluttered in the wind and blown into the
flame. The whole OF the third story is
a mass of debris, and the walls are all
blackened and charred. The window
dressers have been hard at work for
some weeks preparing their designs for
the Christmas display, and though the
work of decorating the windows was far
advanced, many OF the designs have been
completely spoiled.
All the damage Is covered by in
surance. The firm has numerous poll
cies, amounting TO $4,000 on the stock
and $4,000 on the building, placed through
Mr.. T. l.. Alfriend, s. II. Pulliam & Co.,
and Julius Straus & Son, agents for
many companies.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
THE MOBILE POsTMAsTERsHIP.
Contest Between Democratic Incum-
bent and Republican AppOintee.

MOBILE, ALA, December 3.-For four
days past the newly appointed postmas-
ter, p. d. Barker Republican), has in
vain endeavored to obtain possession OF
the Office here from Postmaster Rapier
Democrat. The latters attorneys have
raised an entirely new point of law.
Postmaster Rapier's commission expires
In December, 1898. Mr.. Barker was ap-
pointed by President Mckinley in Octo-
Der last. Mr.. Rapier has had no notice
of his removal, although Inspector Tate
served upon him tonight instructions
from Postmaster Gary, saying Rapier
should accept Barker's commission as
notice Of removal, no other notice being
customary with the department. Mr..
Rapiers attorneys hold that the language
of the statute relating to postmasters
OF the first class is special; that it pro-
vides that the President shall appoint
and may remove such officers by and with
the advice of the Senate Consequently,
as Mr.. Rapier's commission has not ex-
pired, and Mr.. Barker's appointment has
not been confirmed by the Senate, nor
Mr.. Rapiers removal confirmed by the
same body, Rapier is still postmaster.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
EXCITEMENT AT PORT-AU-PRINCE.
Alleged Advance of German Wnr-
ships-ProbnbIy n MisapprehensiOn.

WASHINGTON, ID. c., December g.
The Haitien Minister. Mr.. Leger, was an
early caller at the State Department to-
day. having news from home of a most
disauieting nature OF which he wished
to talk with the officials. Secretary sher-
man being still confined to his home
with a cold, and Assistant Secretary Day
having attended the President on his
Journey to Canton. Second Assistant Sec
retary Adee was acting as Secretary OF
State, and to him. Minister Leger had
recourse.
1t appears that his government had
cabled him from Port-au-Prince that the
Haitien Consul at Kingston, Jamaica, had
telegraphed that two German warships
sailed yesterday from that place for
Port-au-Prince. The news had created
the greatest excitement in the town and
all over the island. and disturbances
were apprehended.
The foundation for the statement Is be-
lieved TO be that the two German school
ships which have been cruising in south
ern waters are just starting on their way
HOTlNWdIu " lHc Oulltu OldltS. aDoul
the middle of last September the Ger
man Charge d'Aftaires here, Mr.. Reiche-
nau, formally advised the State Depart
ment that the German cadetship Stein
would arrive at Charleston, s. c.. Feb
ruary I'd, next, and that the cadet school
ship Charlotte would arrive at the same
port February 1lth. They are to depart
on the 5th and 9th of February, respec-
lively. Neither of these vessels can pro-
perly be regarded as warship. although
they are attached to the German navy
and carry a large number of young naval
cadets. Nevertheless, the Haiten Minis
ter fears that their appearance in Haitien
waters just at this juncture. when the
threat has been made that German war
ships will make demonstration in the
harbor of Port-au-Prince. may lead to
serious trouble there
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
NATIONAL PRISON CONGRESS.
of Corporal Punishment
Most Importnnt Subject Discussed.

AUSTIN. TEX, December 2-The OPEN
ing business session Of the great National
prison Congress was held in this city
to-day. Captain Joseph Nicholson, OF De-
troit. Mich. was detained at home. by
sickness. and vice-President Edward S
Wright, of Pennsylvania, presided over
the meeting.
iudgfng from the interest manifested.
was .'The Abolition of Corporal Punish
mcnr." This subject excited so much in
terest that the chaplains at the afternoon
session almost forgot the object Of their
meeting. and drifted into the matter
again. and II was on at the time OF ad-
journment The only two men who came
system, were Superintendent Whaley. OF
the Texas PenitentlsIy: and saperIn,end-
Roth said that dement's and dungeons
might work in the East, but that Texas ssa
had 10 be dealt with more severely. Mr..
HoyT favored q spanking paddle.
Al the afternoon session Of the congress
tha ohapinins held their meeting.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
A DESPERATE ENCOUNTER.
Two Physicians Seriously Wounded
by a. MANIAC.

VIRGINIA, MINI, December 3.-Drs.
CORY and Miller, of the local hospital,
had desperate encounter with an insane
Italian, who attacked them with razor.
Dr. Cory received wounds which will
dishgure him for life. Dr. Miller came 20
his assistance, and the maniac immedi-
ately went at him, cutting his throat
from the middle OF his neck to his ear,
but, luckily, not severing the jugular vein.
After this the maniac ran out and at
tackled the hostler, Nelson, infiicting a
slight wound in the leg. Chief-of-Police
Bellanger appeared at this tirle, and, pre-
senting a revolver. ordered the Italian to
drop the razor, which he did, after at
tempting to cut his own throat.
DR.. Miller Is I'm a critical condition.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
NORTH CAROLINA METHODIsTs.
Delegates to General Conference
Eloquent Address by DIR. Kiigo.

RALEIGH. n. c., December 3.-To-day
the important work OF the North Caro-
lima Methodist Conference was the elec-
ton OF delegates TO the General Confer
ence. The following were chosen:
Clerical-Dr Josn c. Kilgo DIR. II. A.
Yates. DR.. T. n. Ivey, and Dr. I. ID.
Swindell.
Lay-Joseph G. Brown, Benjamin n.
Smith.
character was continued, and at night an
eloquent address was delivered by Key.
John G. Kilgo president Of Trinity Col
Iere on the subject OF christian Educa-
tion." He spoke for an hour and a
half. and had the vast audience In tears.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
HAVE CONGREGATIONAL SINGING.
A Choral Union Formed mt Beth
Ahaba Synagogue Last Night.

There was congregational meeting at
Beth Ahaba Synagogue last night. called
for the purpose of trying to reintroduce
congregational singing In the services.
Mr.. Isaac Held, who has charge of the
choir-which is admittedly one Of the
finest IN the cty-had outlined a
plan for The formation Of a choral
union, which was adopted. This
plan provides that oil the ladies who
are possessed of good voices shall be
formed into an organization. taking with
them many OF the larger children who at
tend Sunday school, and holding weekly
rehearsals of such hymns as are easy,
and can readily be sung.
An union nymnal has been compiled by
cantors of some of the northern congre-
cations, which contains simple, tunefui
hymns, and the Board of Managers of the
congregation has agreed to order a num-
Der of the books, which will hereafter be
used.
The meeting last night was a very en-
thusiastic one. and the suggestion was
eagerly adopted
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
SPEAKER REED IN WASHINGTON.
He Sees No Reason why the Session
Should LIE Long.

WASHINGTON, December 3.-Speaker
Reed arrived in the city this afternoon,
and took up his old quarters at the
Shoreham for the winter. The Speaker
said he did not care to express himself
concerning any of the important ques-
tions which are likely to come before
Congress at this session, more than to
say that he saw no reason why the ses-
sion should be protracted.
AS soon as his presence in the city was
known he had a flood of callers. many
of his associates In the House, as well
as several senator's, being among those
who paid their respects.
The Speaker looks exceedingly well, and
says he was never in better physical con-
dition.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
DIR. WAGNER LOSES
His Suit Against n Maryland County
for Nearly S2,OOOOOO.

BALTIMORE, December S.-Dr Harri-
son Wagner to-day lost his suit to re-
cover nearly $20OO,0Oo from the County
Commissioners Of Frederick county. Judge
Morris, in the United States Court, before
whom the case was tried, without a jury,
decided that there was no prima facie
evidence of the validity of the 1l.0O0 mag
istrate judgments against the County
Commissioners, upon which Dr. Wagner
had based his claim. A verdict was ac-
oordingly rendered for the comm, ,ssioners.
The certified copies of the alleged judg-
ments filled a trunk, which DR.. Wagner
had sent to the court from Washington
yesterday morning. These judgments pur-
port TO have been obtained before the late
Justice Haynes. of Frederick county.
Each is for $lO0 and $50 costs. aggre-
eating 81 114,3O0. the interest making up
the sum of 81 1,@5,Sl5, claimed by DR.. Wag-
no
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
North Carolina uemocratic Address.

RALEIGH, n. c.. December S.-The
Democrats State Committee, in session
mere to-day. issued Jan address to The
Democratic party as the party OF the
people. reaffirming the Chicago and State
pIatforus OF last year, declaring that Wi-
liam Jennings Bryan is the great leader
OF the party denouncing Republican mis-
rule. and inviting all Populists TO unite
with the Democrats in regaining control
OF the State.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
GRIGGs TO SUCCEED M'KENNA.
Governor of New Jersey VIII Accept
AttOrneyship-Gene

WASHINGTON, ID. c., December g.
From sources, the authority of which
should not be doubted 1t is learned that
the position OF Attorney General, TO sue
ceed Judge McKenna, who will be nomi-
mated to the Supreme Court bench, has
been offered to Governor Griggs, Of New
Jersey. and that he has consented to ac-
cept. II is understood that his appoint
ment was urged by Vice-President Ho-
bart,
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
MURDERER MORGAN ESCAPES.
Clever Trick by Means OF Which
He Does So.

RIPLEY. w. VA, December 3.-John
Morgan, who was to be hanged on De-
cember 10th. played sharp trick on the
jailer here last night, whereby he walked
out of jail and took to the woods. Blood
hounds are now on his track. A short
time ago he sold a confession tor 81.
With the money he bought new suit
of clothes in which to walk TO the gal
lows. Last night he made a dummy of
his old suit and put It TO bed in his cell.
Donning his new suit he climbed on top
the cell, and lay there till II was locked
for the night. He then escaped, and
was not missed till this morning. a
reward OF $500 is offered for his arrest.
His crime, the murder OF Mrs. Green.
her son, and her daughter, was committed
November Sd of this year. near Crosse
Lick, this Uackson) county.
Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-04
SNOW IN THE NORTHWEST.
II stops the Gathering OF Corn
Trains Delayed.

OMAHA, NEB.. December s-snow mas
fallen contsnually for twenty-four hours.
In Omaha the fall amounts to about
eight inches, and in the northern part OF
the state It IL much heavier. Harrington
reports sixteen inches, and still falling.
The snow is general In Western Iowa end
South Dakota. The storm has stopped the
Nebraska's big crop yet IN the held. The
movement Of trains u sraaflr hammered