Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-04-04

sactions there. The flexible character
of the taxing power and the possibility
of adapting il to changing conditions is
described by the courts. in distinctly
holding that in order to tax privilege
or facility enjoyed. it is not necessary
that it should be created by the gov
eminent. The requirement of a men,
orandum is upheld because it is neces-
tax is pronounced uniform because it
applies to all whoenjoy the specialpriv-
ileges or facilities incident to the tran
saction of business at boards of trade
and similar places.
Referring TO the stock yards case,
Justice Peckham said "A perusal of
the facts contained i'm the record of the
case shows those yards answers all the
purposes of an exchange board of trade
and that they in truth amount in sub
stance To the same thing. The differ
ences existing between them are in
substantial so far as this point is con-
cerned."
In the matter Of the petition for writ
of habeas corpus the petition was de-
MED. while in the other case the judg-
ments of the district courts were af-
firmed
The funeral of the late Brig. Gen.
FlaeIer chief of ordnance. L. $. A..
took place. this afternoon. Services at
his late residence We're attended by the
family and intimate friends of the de-
ceased. The honorary pail bearers
were Gen. John NJ. Wilson, chief of en-
gineers; Gen. A. Il. Carey: Paymaster
General NJ. r. Dana, L. s. A.: Gen.
F. j. Keith: COL. A. Mordecai and
Mai. Charles Shaler of the ordnance
department. The floral tributes We're
very numerous and magnificent. among
them being pieces from President and
Mrs Mckinley and Secretary and Mrs.
Alger After the services at the house
the casket was placed upon a light ar
tillery caisson draped with the Amerl-
can flag and conveyed to Arlington,
where the interment was made. At the
grave the services were of a military
character. President Mckinley. ac-
companied by Adjutant General COR
bin. attended the funeral
The United States supreme court. to-
day. decided the question of the liabll-
itv of sailing vessels for excessive
speed in case OF collision in foggy
weather. The case involved the col
lision OF the American steamship Chat
tanoochee and the Canadian schooner
Golden Rule off Nantucket shoals in
1894 whereby the schooner was sunk.
Both vessels were proceeding at top
speed in fog when the accident oc-
Cured The court below held that as
the Golden Rule as we'll as the Chatta
hoochec had failed to slow down it was
equally liable for the disaster and
therefore laid the owners of the steam
er responsible for one-half the damage
done Justice Brown rendered the
opinion of the supreme court. affirming
this decision. remarking that it is not
perceived why the considerations
which demand a slackening of speed
on the part of the steamers are not
equally persuasive in the case Of sail
ing vessels" The chief justice and
Justice Peckham dissented.
DR.. Solf. the newly appointed presi-
dent of the municipality of Apia, ar
rived here. today. He came at the re-
quest of the German ambassador DR..
Won Holleben, TO talk over samoan af-
fairs and to be presented to Secretary
HAY. DR.. Solf came TO the state de-
partment during the afternoon with
Ambassador Won Hollenben, who pre-
santed him TO Secretary Hay. The
meeting was purely formal. DR.. Solf
was also made acquainted personally
with the assistant secretaries of state
He speaks excellent English, and il
was frankly confessed at the depart
ment that he made a most agreeable
IMPRESSION 1t has been arranged that
he shall remain in Washington for a
few days and during that time he Will
have an opportunity to confer with
the state department officials relative
10 Samoan affairs. 1t is hoped that the
misunderstanding may be avoided IN
the future if a perfect comprehension
is reached in advance of DR.. Soils de-
parture for his post of the exact ideas
of each party to the tripartite govern
ment at first hand. AS he has already
visited the British authorities in Lon
don, the way appears TO be now clear
ed for such an understanding. 1t $
said that Admiral Kautz is fully sus-
tanned by the navy department in every
measure that he has taken.