davidaulloa/AmericanStories huggingface dataset:
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
THECASE0FQ
Majority and Minority Commit
tee Reports Are Laid Before
the Senate.
Majority Report Holds Senate
Not Responsible for Legisla-
tive Negligence.
Every Contingency but This One
Provided Against in the
Constitution.

WASHINGTON. Jan 24.-The reports
Of the committee on privileges and elec-.
tions in the case of NJ. S. Quay, who
claims seat in the United States sen.
ate on the strength Of an appointment
from the governor of Pennsylvania, have
been presented in the senate. The ma
jority report opposing the seating OF
Mr.. Quay was signed by Senators Caf-
ferry, Pettus, Turley, Harris and Bur-
rows. the last named the only Republi-
can signing it. The minority report
bears the signatures Of Senators Hoar,
Chandler, Pritchard and McComas, all
Republicans. and advocates giving the
seat to Mr.. Quay.
The majority report reviews the cir
cumstances under which Mr.. Quay's ap-,
pointment was made, including the
failure of the Pennsylvania legislature
to elect senator. It then says:
Only Until the Next Meeting.
After a vacancy in the office of United
States senator occurs or comes to pass,
if the next legislature does not fill it, it
continues to exist. 1t is the same va
cancy, not new one. Now the state
executive is given power to make tempo
rary appointments in case of a vacancy,
not as long as it continues or exists, but
only until the next meeting Of the legis-
lature, which is then required to fill the
vacancy. This clearly means that the
paramount intention to have the legisla-
ture choose the senators is to prevail,
and whenever the legislature has had
the opportunity to fill the vacancy either
before or after it occurs, the execu-
tive has no power to appoint,
And when we take the phrase,
eff vacancies happen by resignation or
otherwise, during the recess of the legis-
lature Of any state, !" if we concede that
the general word s'otherwise' is not
qualified ndd' fnlited by the SPECIFIC word
''resignation" and that it includes va
cancies which are caused by effiux of
time and which can be foreseen, as well
as vacancies which are caused by cas-
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27

ualty or the happening of an expected
event and which cannot be foreseen,
still it must be construed and defined
with reference to the balance of the
phrase so as to give effect to allits parts;
and it thus results that the vacancy, no
matter how it is produced, must happen,
take place or begin during recess Of
the legislature, and this in itself would
be decisive against Mr.. Quay's claim. !"
No Intention to Provide For This.
'Every contingency is thus provided
for, except the sole contingency that the
legislature will fail to perform its sworn
duty. Against contingency Of this
kind the trainers Of the Constitution did
not intend to provide. =
After discussing at length the circum-
stances under which the Constitution
was framed, the majority announces it's
conclusion as follows:
eve think that the trainers of the
Constitution never contemplated nor in
tended to provide for case where q
state by its own deliberate act should
deprive it's legislature Of the power
W LII CAVAI . VC1A ttb 4GS
beginning. In our opinion they never
intended to give the governor Of state
the power to fill the entire terms by
original appointment, unless possibly in
a case where the legislature had chosen
and the person elected had refused to
act or died before qualification. In
other works we conclnde that the power
Of appointment was not to be exercised
unless the vacancy occurred in recess
Of the legislature and was occasioned by
some casualty like death or resignation. 4
The report then quotes numerous
precedents, beginning with that Of Ken
sey Johns Of Delaware, in 1894, and
closing with the case Of Henry w. Cor.
bett Of Oregon in 1898. ].
The minority report takes the opposite
view. Quoting Section s, Article Of
the Constitution. the minority say that
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
BRYAN AT NEW YORK.
Guest of Honor at a Diuner Given by o. HI.
p. Belmont.

Guest of Honor at a Diuner Given by o. III.
p. Belmont.
NEW YORK, Jan. 24.-William Jen.
nings Bryan arrived in Jersey City from
Washington during the morning and
was escorted to the Hoffman House, the
headquarters Of the state Democracy,
where suite Of rooms had been en-
gagged for him. Mr.. Bryan said to the
reporters that he hoped his presence in
New York would contribute to general
good feeling all around -. ~.
Mr.. Bryan breakfasted with ex-Gov.
ernor Hogg of Texas, w. J. Gardner,
one Of the leaders of the Chicago plat.
form Democrats, and James Oliver, ser.
geant-at-arms Of the Democratic ma.
tional committee. Mr.. Bryan lad a
number Of callers during the day, but
the hotel was by no means crowded.
One of Mr.. Bryan's callers asked him
what he thought of o. H. P. Belmont as
a vice presidential candidate.
81 am not saying word about candi.
dates just now," he replied. ...
Adheres to the Chicago Platform.
A reporter asked Mr.. Bryan later II
there was any truth in the statement
in a morning paper that he was gradu.
ally abandoning the silver issue. "
II am tired of denying those stories, y
Mr.. Bryan answered. II will keep
right on in the same line I have fol
lowed all along. I have adhered to my
belief in the Chicago platform, but oi
course do not object to throwing II
some more issues for good measure.
Mr.. Bryan was the guest of honor in
the evening at a dinner given by o. H
P. Belmont at his residence on Fifth
avenue. The dinner was private, nc
reporters being admitted. Mr.. Bryan
was the only guest of national promi-
nence, but big men in Tammany Hall
were present. The guests left i'll twos
and threes about midnight. Some said
there had been no speaking, but others
admitted that there had been informal
talks.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
MOVE WAS GENERAL
PARTICULARS OF THE RECENT UP
4 RISING IN NEGROS.

sIesssleqted to Run the Autonomous Gov
erxslent Found to Be at the Head of tho
Msssment and Jai1ed-rlot Was Started
RrSmaturely and Failed but Great I'm
essSaess Prevails. .
MNILA, Jan. 22.-Mail advices from
NegfBs bring particulars of the uprising
last sonth in the southern part Of the
islaEl in which Lieutenant A. G. Led
yards Sixth infantry, was killed. In
steaasof being an unimportant revolt of
natiM police, as was at first reported, it
RppeNs to have been an attempt to over
throx American authority. The move
insliFsRas started by the chief authori-
ties tsf the autonomous government, the
mensWho were elected and inaugurated
withso much ceremony last November.
EHHen of these officials, including the
president and several councillors, were
lodged in jail on. charge Of plotting
treason. Several secured their release
under heavy bonds, but others remain
in prison.
General Smith found evidence that
the revolving police were following the
orders Of the autonomous government
which designed to use the force under
it's cohtrol to overthrow the Americans.
The plot failed through being started
prenaturely, but Negros was in state
of uneasiness. Two companies Of the
Twenty y-sixth infantry were summoned
from noilo to reinforce the garrison at
Bacor. The authorities are trying the
accused officials Of Negros. It is be.
ieved they will be expelled from the
islands.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
HE WILL BE RECEIVED.

Said Montagu Whites Credentials Will
Be Accepted When They Arrive.
New YORK, Jan. PA special to
The Herald from Washington says:
Montagu White will be received as
the consular and diplomatic representa-
tive of the South African republic. The
state department has formally deter
mined upon such action and Mr.. White
has been given an intimation Of this in
tention. When he gets properly exc
cuted credentials, which are expected
within ten days, he will present them to
Secretary Hay and enter upon his Off,
cia1 career. Pending receipt OF these
documents he will maintain diplo.
matte silence and make no representa-.
ton in behalf of his government.
The Precedent Discovered.
The precedent for receiving Mr.
White is found in the reception of the
American diplomatic and consular agent
at Cairo, Egypt, the only analogous
case. Although Egypt is nominally un-
der Turkish suzerainty, and the United
States has minister at Constantinople,
consular and diplomatic agent is ac-
credited to Egypt. In his diplomatic
capacity Mr.. White will have access
only to the secretary of state. Ambas-
sadors only have the right of direct rep
resentation with the president.
Mr. White will have the privilege of
submitting to the state department not
ONLY commercial matters. but such Dip
lomatic propositions as do not require
the acquiesence Of Great Britain under
the suzerainty which she has claimed
for more than decade. He cannot ne.
gotiate a treaty.
A Reversal of Policy.
In receiving Mr.. White, the state de-
partment completely reverses it's policy.
General O'Beirne Of New York, who
had properly accredited credentials from
President Kruger, was refused recogni-
ton on the ground that he was an
American citizen. At the same time it
was made plain that bona fide citizens
Of the Transvaal then residants Of the
United States would not be received Of
ficially. It was stated at the department
that no representative Of the Transvaal
would be recognized. The sudden de-
termin alton to acknowledge Mr.. White
can only be accounted for on the theory
that the administration has become
alarmed by the vigorous declaration of
public sentiment throughout the coun.
try.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27

war Office entirely discredit the Stock
Exchange stories, also the report Of
Lord Dundonald's entry into Lady
smith. They think the former rumors
We're circulated for Stock Exchange pur-
poses. The officials said to a represen-
tative of the Associated Press that no
decisive news was expected for two or
three days relating either to the relief
of Ladysmith or conclusive victory or
defeat as the operations at present being
conducted by General Butler were nec-
essarily Of q lengthy character. n
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
Celebrated Joubert,s Birthday.

HEAD LAAGER, Ladysmith, Saturday,
Jan. 20.-The Goth birthday of General
Joubert was celebrated by General
Botha making a reconnaissance in force
towards the Drakensburg mountains,
and turning the British advance after q
short engagement. General Joubert
accompanied President Steyn to the
Free State laagers, south Of Ladysmith.
He proposes to make tour Of all the
laagers. Ladysnith sent up many col
ored rockets last night
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
REPORTED BY OTIS.

iResxs sslssFatiansss I'M thss Esiajlipnipee,
Briefly Outlined.
WASHINGTON, Jan. 23.-General Otis
informs the war department of the re-
cent military operations in the Philip
pines in the following dispatch:
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
WHITE SEES HAY
South African Diplomatic Agent
Calls on the Secretary of
State.
Not Received in an Official Capa-
city, but He Probably
.. Will Be.
Precedent Found in the Case of
Our Diplomatic Agent at
Cairo.

WASHINGTON, Jan. 24.-Montagu
White, consul general Of the South AZ
rican Republic in London, called at the
state department during the day and
had conference with Secretary Hay.
He did not appear in an official capacity.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
charged with wilful Murder.

FRANKFORT, KY, Jan. ~. The grand
jury reported indictments charging
Colonel David q. Colson with the will
4fnl murder Of Ethedbert Scott and T..
NV. Demaree. s53. 81
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
su,tains the inheritance Law.

DIES MONIES, Jan. M.-The supreme
court has handed down an opinion sus-
tanning the constitutionaity Of the col
lateral inheritance law, passed three
years ago. It imposes tax Of 5 per
cent on all inheritances which 60 to col
lateral heirs.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27
Extra Session For California,

SACRAMENTO, Cal, Jan. .24.-Governor
Gage has announced that he will call an
extra session Of the state legislature to
meet Jan. 20. A United States senator
will probably be elected.
RRYAN AT NEW YORK
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27

the failure Of the governor to call the
legislature to elect senator does not act
to deprive the governor Of the power Of
appohltment.
The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1900-01-27

Not Credited by War Once.
LONDON, Jan. 24.-The officials Of the
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
BY ACCIDENT
4 Visiting Sheriff Caught His Man
Who Denies the CHARGE.

While Sheriff Porter, of Llano coup.
ty, was taking in the sights OF Ell Paso
last night, he accidentally ran into J.
E. Davis at the Favorite dance hall.
and arrested him.
1t is alleged that Davis is wanted lin
Llanc county for disposing of
mortgaged property, but the mans
statement is. that he had purchased a
wagon a year ago, and giving notes in
payment for same. had not been able
to take them up. He denies any Grim
inality In the matter, and seems
perfectly willing to submit to an In
vestigation.
For the past year he has lived at
Clint, where he has q wife and seven
children. By occupation he ia q we'll
driller.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
The Best Remedy For Stomach and
Bowel Troubles.

81 have been in the drug business
for twenty years and have sold most all
of the proprietary medicines of any
note. Among the entire list l have
never found anything to equal Cham
berlsin's Collie, Cholera and Diarrhoea
Remedy for all stomach and bowel
troubles" says o. w. Wakefield, of
Colum bus. Ga. "This remedy cured
two severe cases Of cholera NOR bus in
my family and I have recommended
and sold huudreds of bottles of it to
my customers to their entire satisfac-
ton. 1t affords quick and sure cure
in pleasant form" For sale by ali
druggists.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

A gentleman recently cured of dys-
pepsia gave the following appropriate
rendering of Burns famous blessing
'SOme have meat and can not eat, and
some have none that want IT: but we
have meat and we can est.-Kodol DYE
Depsia Cure be thanked" This pre-
psrstion will digest what you eat. 1t
instantly relieves and radically cures
indigestion and all stomach disorder
Fred Shaefer druggist.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

Lumber dealers. miners ard rail
roads wanting carload lots of yellow
pine, or hard wood lumber, shingles,
sash doors, blinds, railrosd ties or
fence posts should write, as. We ship
direct from the mills. International
Trading Co., Agts.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

When you want a modern, up-to-da ate
physic try Chamberlain s Stomach aud
Liver Tablets. They are easy to take
aud pleasant in effect. Price, % cents.
Samples free at all drug stores,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
A New Mine Exploration Company.

The Arizona and Sonora Exploration
and Development company is the long
and high-sounding appellation given to
a combination OF Bisbee, Ariz. citizens
incorporated under the laws of
Arizona last week. The objects
Of the corporation are to acquire
possession of, and title to mines, mills
smelters and mining properties of
every description; the purchase of ores,
metals aud minerals: to acquire, sell
and deal in personal property aud
merchandise: to construct and operate
tramways or railroads and generally
to do and perform any aud all acts
necessary or incident to it's business as
aforesaid. The amount of its capital
stotk is $500, 600, divided into 5000
shares of the par value of $lOO each.
Jarilla Prospects
f. B. Schermerhorn, who has been
opening up some properties in the ia
rillas for Philadelphia DOM any, was
In Ell Paso from Saturday until yestsr-
day on his way to Idaho whore he for
merly had charge of a mine and mill.
He will return about the first of August
when he expects to commence work on
a claim near the Torpedo mine In the
Organ mountains. He says results in
.the,J arilla district are very encoursg-
ing and that some valuable copper ore,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

The bsst butterin the market, Shady
Grove, 2 pounds for i5 cents at Ell Paso
Grocery Co.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
The Woodbury. nil Damages.

Manager Wynkoop, of the Co .hiti
Reduction and Development company
announces that a new 500, 900 plant
will be put In to replace the one lately
burned. The old one cost S25 900 and
was insured for $1,000. The boilers.
foundation walls and much of the
brick and iron work of the old plant
can be used in the new. 1t is also the
intention of the company to use the
cyanide leechiug system.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

DeWits's Little E,rly Risers are
famous little pills for liver aud bowl
trou b!es. Never gripe.-Fred Schaefer,
druggist.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
OsCura Mountain Copper.

A number of Lincoln county people
have located valuable copper prospects
In the Oscu-a mountains, fifteen miles
from Malagro station, on the Ell Paso
& Northeastern road. There is said to
be great amount of copper there, and
the outlook would amply justify the
erection of a plant to treat the ores
Recently John 81. Skinner, OF Boniso.
located copper claim in the Oscura
district, Of which the amelter' assay give
10 per cent copper, and Burlingame's
assay 14.24 per cent copper, 3 per cent
iron and no sulphur, zinc or lead, and
worth so per unit This prospect
shows up weli-defined 4foot lead of
vein matter. -Sauts Fee New Mexican
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
Notice.

An ice cream social will be given>by
the Frsternal Union on Wednesday.
night July 18th at K of P hall. Turner
block. All members a I'd their families
are invited. =
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
70 Determine Gold Valuess

To Determine Gold Valuess
The following method for finding
the value of COLO specimen by spe-
&c gravity is contributed by a reader
of the mining column:
Suppose the specimen weighs 80
ounces in air and % ounces in water,
the difference is 4, and 80 divided by
equal s, the specific gravity of the
specimen. If the specific gravity of
gold is taken at IL and that of quartz
at 2.6, we have II divided by equals
$50 and II divided by 8 equsls 2 125,
and substracting the lesser quotient
tracing l from the lesser leaves LIPS,
and the proportion is 4.4l4 of gold to
1.125 of quartz. Adding those together
we have $50. Then. If 5 $50 ounces
of the specimen contains 4.414 ounces
of gold, the whole specimen weighing
80 ounces would contain $3.50 of gold.
Mining Engineers.
Church & Church, mining engineers,
moved their Office from the Bronson
block to the Coles Hubbell flock,
room 10 The young men composing
this firm have only been in Ell Paso
about two months and most of that
time has been spent by them in doipg
examination elsewhere, but hereafter
they will make Ell Paso theis perman-
ent headquarters and will be four 10
their Office 5 before mention ed. II S.
Church, the senior member Of the firm,
was superintendent of a Jarilla mining
firm Cor two years previous to their
coruiog to this city and Frank, the
Younger brother, was in business in
San Francisco. Their father, q retired
N ming man, of San Francisco, is here
tenn porarily for the benefit of his
health. The boys are graduates of
California university and are genteel
and popular young men.
Mines And Land Grants.
The owner OF Spanish or Mexican
land grant can not claim the mineral
below the surface, neither does 1t fol-
low that the mineral area of such a
grant is subject to location under the
United States mining laws. The sur
face does not belong to the United
States government. The court Of
private land claims is authority for the
following:
1.-THE court has nothing whatever to
do with any mining interests that may
be within the boundaries of these
grants. We simply, pass upon the
titles. But there is one feature of
these grant titles which will require
further legislation by con-
gress. Unless the right to
the mineral deposits is especially
conveyed, it is excepted in the patents
given to claimants, whose titles have
been confirmed by the court. They
therefore own the surface of the land
but have no right to the mineral. but
the moment anyone sets foot on the
soil and attempts to discover the mir
ersl he becomes a trsspassor and il
liable to prosecution as SUCH
Legislation by congress will be
necessary to esta blish some method of
condemning the land In which mineral
exists and even then prospector will
hardly institute condemnation pro-
G ediugs before heknows the mineral to
be there, aud tn at he can not ascertain
if the owner obi ects to the investiga-
ton.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
DIR. Nc CHE HOK
Graduate Chinese Physician

, Over 20 years ex-
perfence in treating
all diseases OF men
and women.
He guarantees to
cure Blood Poison,
Lost Manhood, Skin
diseases, Dropsy,
Hernia, GouOrrhOea,
Scrofula. Paralysis,
Rheumatism, Dis
eases Of Brain, Heart,
Lung, Kidneys, Liv-
or. Bladder, and all
Fem ale Complaints.
All diseases cured
exclusively by Obi
uese herbs without
surgical op eraious
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

One Minute Cough Cure is the only
harmless remedy that produces imme-
date results. Try it.-Fred Schaefer,
druggist.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

XXXX is the bestpscksge coffee tn t
can be sold for the mon.y. Try 1t.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
FOB SALE-UNIMPROVED BUSI-
NESS PROPERTY

TOR SALE-26xI20 lot on Texas st. ad join
+ ing lot selling for S5OI. If taken quick
can be had for 27O. Mark Miller, Real Estate,
100 Mesa Ave.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

bearing gold and silver. is being taken
from one of the Bear claims. This shaft
is beng pushed with all possible speed
and has now reached q depth of about
twenty feet,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

FL PASO SCHOOL OF
SUGGESTIVE THERAPEUTICS
AND MhGNI TIC HEALING.
2oT e. OVERLAND ST
Treats All Diseases.
Free treatment every forenoon.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
FOR SALE-RANCH PROPERTY

COR SALE-60 acres, all in fruit, belongs to
Martin Perolio. "a miles below Ysleta on
county road. Apply TO Campbell Il Wielfg-
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

COR SALE-25 feet front on An Antonio st.
[ close in, cheap for cash. Mark Miller.
Real Estate, 100 Mesa Ave.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

e lots near Mesa garden on Boulevard.
~ Certo and Prospect ave. John A. Hap
per- Rea Estate, Mills BuildinR.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10
Brewster County Marble.

Nj. D. Jordan has purchased a half
interest," in J. D. Kaue's marble quarry
located in Brewster county. just east
OF the Preside county line. 1t is said
that this quarry Is the largest body of
marble in the known world. There is
over 40 acres of marble exposed. One
mountain is $50 fcnt high and others
run from so tn Is feet. 1t is only a
question of tLue until machinery will
be put In and the quarry worked. 1t is
a beautiful marble and poiishes as
smooth as glass. There is white, black,
blue, ADD variegated marble in almost
tnexbaustible quantities. - Maria
New Era.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

COR SALE-S0 acres miles east of La Luz;
orchard, springs and large open range
all about: - thy fenced; vary cheap. FL
Paso Commercial Co.. Ell Paso. Texas.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-07-10

Consultation Free
Hours: 9 a. m. to p. NJ; Sundays. 10 a.. m
to p.
Office, 1O5 Myrtle Ave.
Off San Antonio St., next Delaware Fur
nfture Store.