davidaulloa/AmericanStories huggingface dataset:
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
JURY OF LESS THAN TWELVE.

Case and Comment.
Commenting on the recent decision by
the Supreme Court of the United States
in the case of Maxwell v. Dow, Advance
Sheets U. S. p. AS, which held that trial
by jury of eight, in accordance with
the Utah Constitution, does not violate
the Federal Constitution, The Chau-
tauquan says: There may be no magic
in the number twelve, but, If a jury
does not mean twelve men, what is the
meaning of the term as used in the Fed
eral Constitution? How far can the
common-law number be reduced without
violation of the rights of the accused =?
What articles in the Constitution could be
cited to invalidate legislation reducing
the number of men on a jury to three?
These queries are not answered by the
recent decision"
These questions are based on a miscon-
ception of what the case decides 1t
does not by any means hold that a jury
of eight or of any other number less
than twelve, will satisfy the require
ments of the Sixth Amendment of the
Federal Constitution relating to a jury
trial in a criminal case. 1t was long
since established that this amendment
to the Federal Constitution had no ap-
plication to proceedings in State courts
1t is shown by note in 43 L. r. A. on
page SO, that provisions for trial by
jury. whether included in the Federal or
in the State Constitutions, are con-
strued to mean a jury of twelve men,
But, since the provisions of the Federal
Constitution as to jury trial do not apply
are governed in this respect by the Con-
stitution and laws of the State. In this
case of Maxwell v. Dow it contended
that the Fourteenth Amendment to the
Federal Constitution had changed and
enlarged the scope of the former amend
ments, and that the provisions of the first
ten amendments, including that as to jury
trials in the Sixth Amendment, had now
been made applicable to the State courts
as privileges or immunities of a citizen
of the United States" 1t was also con-
tended that a trial by a common-law
jury of twelve was necessary to con-
stitute due process of law. These con-
tentions were rejected, and the court
held that such a jury trial was not a
privilege or immunity of a citizen of the
United States, and was not essential to
due process of law. The result of this
decision is to leave the law of the SUBJ
ject just as it has always been under
stood A trial by jury in State court
is now, as it always has been, matter
to be determined by the constitution and
laws of the State, and the Federal Con-
stitution does not require a jury of any
particular number, OF. even any jury at
all
To answer the questions of the Chau-
tauquan, therefore, it must be said that
a jury required by the Federal Consti-
tuition does mean jury of twelve men,
and that in Federal courts the common
law number cannot be reduced at all
without violation of the rights of the ac-
cused, but that in the State courts the
number can be reduced or the jury alto
gether abolished, if the State Constitu-
ton and laws so provide.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
M0UNDSVILIE.

Mrs. ]. F. McMullen. Of Eighth
street. is confined to her home with
sickness.
r. g. Parkinson, of Pennington, re-
turned to his work yesterday, after
spending few days with his friends
here.
Chris. Higgins, of the Fostoria, is
spending his vacation at Harper's Fer
ry.
Albert Levi, of New York, is the
guest of his father, d. Levi.
Mr.. and Mrs Charles Bean, of Pitts
burg, are visiting their daughter, Mrs.
w. W. Henderson, of Third street.
Capt. H. t. Anshutz left for Man
nington last evening. where he has Sc
cured lucrative position.
Charles Smalley, of Center street.
was taken to the Reynolds Memorial
hospital Sunday to receive treatment
for a very bad case of blood poison.
Mrs. James Wolf, aged p years, died
at the home of her father-in-law, Fred
Wolf, near Graysville, Sunday even
ing. Her home was in Wheeling, but
she went to Graysville to visit rela-
tives and was taken i'll with typhoid
fever, and was not able to return 10
her home. The funeral will occur to-
day at 10 o'clock followed by inter-
ment at Roberts Ridge.
Deeds conveying 3,S18 acres of coal
in Sand Hill AID Webster districts have
been received for record by County
Clerk Lewis. The consideration
amounts to S47,93S.
The directors of the Camp Ground
Association will meet to-day to ar
range programme for the coming
meetings.
Davis, the murderer of the Assyrian
peddler of Wetzel county, was brought
to the penitentiary yesterday to serve
a life sentence.
The Gypsies that have been here for
several days, left town yesterday. One
of their horses fell dead on Grant ave-
nue., and the tribe left it lying there.
A warrant was issued by Squire Pierce
and posse of five men overhauled the
tribe at Limestone After much talk
the Gypsies agreed to pay SIS and
were allowed to proceed on their way
to Waynesburg. The city authorities
had the dead horse removed.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
things. FOR instance. he observes:

L
Should there be general uprising In
| China, the powers would require not
less than 100000 soldiers. These Chi
nese zealots are possessed by strange SUI
perstutions, chief ainung which Is the
commonly accepted belief that Europeans
come to our country to obtain the eyes
! OF Chinese. especially Of Chinese child
ven, which are OF value to them in mix
the boxers-probably by TAR the larger
number-have never in their lives seen
a European face. and they believe i'm
plicitly the horrible things told about
foreigners
This is instructive and aids to a
proper conception of the state of the
Celestial mind. So is this following
paragraph
1.-THE Chinese are well armed with
weapons of the latest pattern, many of
them manufactured in our own great
arsenals. Shang Tung province is nota-
BILE for its men of fine physique and
place In the field nearly 1.000.0 900 men all
closely approaching or exceeding six
feet in height Whatever China may
have been in the past she is no insignifi-
cant enemy To cope with to-day. Her
strength Is formidable and if it be un-
derestimated by invaders the result will
be terrible slaughter"
Consul Yo How has given us some
idea of what the nations are up
against" in the slang of the day. An
aroused China is tough proposition
for the rest of humanity to tackle. If
the southern provinces join hands with
the northern the situation in Europe
when threatened with Turkish suprem-
acy under Bajazet, son of Amuratn,
and Mohammed II. would be but mild
comparison
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Teddy Roosevelt, the Republican can
didate for Vice President, is of the
opinion that the United States ought to
join hands with the other powers to
force our religions and civilization upon
the Chinese people. This declaration
will not meet with the approval of the
American people. 1t is the duty Of
America to protect its citizens and
their interests, but nothing more. Two
wars in two years, one with Spain and
the other with the Filipinos, are enough
to last for some time to come.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

The Intelligencer's attempt to extract
sunshine from cucumbers in connection
with a four-line mention in the Regis
ter of the fact that business failures
for the first half of 1900 were 1892 in
number as against 1853 for the CORE
spending period of 1899, was very
labored effort. The Register simply
gave the facts; the Intelligencer's at
tempt at an explanation was both lame
and verbose.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Late news from Cape Nome, Alaska
is to the effect that lawlessness reigns
in that particular gold camp, and that
hardly a day passes without a murder
and several suicides. One man killed
while trying to prevent a quarrel, had
$500 on his person. The undertaken
took 5000 of it, the coffin-maker $50
and the grave digger the remainder. 1t
costs money to die in Alaska if you
want decent burial.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Col. R. P. Chew, of Charles Town.
contributes to the Register this morn
ing an article upon the Virginia West
Virginia debt controversy which is de-
serving of patient reading and careful
study. 1t is a well-prepared summary
of one side OF the case by
one conversant with every phase
of the question, and it's proper
mental digestion by the people
of the State will measurably add to a
proper understanding of the lack of
merit of claim which is perpetually
thrust upon U.S.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Some German papers claim to have
found an explanation OF the refusal of
Admiral Kempff to take part in the
bombardment of the Taku forts They
say there is a secret treaty between the
United States and China, by the terms
of which the United States is pledged
to interfere in case the integrity of the
empire is threatened by any power.
This theory is ingenious, but scarcely
calls for further comment.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
CAUSED BY RAGE.
Special to the Register.

Special to the Register.
WESTON, w Va, July 9.-Edward
Amiss, a negro patient, died very sud-
denly at the hospital here this morn
ing. The coroner, who was called,
summoned DR.. Geo. Hamilton After
a consultation with him and the hos
pital physician, verdict was reached
that Amiss' death was due to cerebral
hemorrhage caused by rage.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
PURE FUN.
Up-to-Date Decoration.

MA, haven't we got an old doorplate
or an old brass knocker somewhere
around the house?''
What do you want with it. daughter?
why. ma. 1 need some kind of stun
ming gmcrack to wear on the back OF
my belt '-Indianapolis Journal.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
The Retort Courteous.

Excuse me, sir, but have you a cork
screw about you?"
"Sirl Do 1 look like a man who opens
bottles?'
well, no; you don't You look more
like a man who empties them. "-Cleve-
land Plain Dealer.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
ALEX. MITCHELL. Treasurer.

We, the undersigned trustees. do sol
EMMY swear that we have carefully ex-
anined the books. vouchers and assets OF
the Mutual Savings Bank and that the
above statement is true 10 the best of our
knowledge and belief
ALEX TPDEGRAFF.
ED. ROGERS
III. " REDMAN
State Of West Virginia.
County OF Ohio. to-wit,
Sworn 10 and subscribed before me this
9Th day OF July. 1890.
HERMAN A. HUNDT.
Notary Public.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

About to-day neatly typewriter cop
les Of the platform of the Republican
State Convention should be distributed
to the press. The document was doubt
less long since prepared.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
GIVE HIM THE LIMIT.

Mayor Sweeney ought to make an
example of the man who raced up and
down Market street last evening. short
Nv after eight O'Clock, endangering the
.ives OF many people. That some one
xhs not killed or injured Il little short
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
BUSINESS FAILURES.

The failures for the first half of 1899
were 1883, with aggregate liabilities of
Si2, 062, 933. For the first half of 1900 they
were 1882, with aggregate liabilities of
S'4t4L452. Stick a pin there.-Register.
We will. In fact, we will stick several
pins there and incidentally a few more
into the Register if it's epidermis is not
100 tough TO be punctured. We have be-
fore us Bradstreet's of July Z, a pretty
respectable authority on such matters.
In its summary of the business condi-
tons of the first six months of 1900, it
gives the number of failures as 1850;
estimated assets $27, 475.514 with total liza
b1lities of $50, 064 POS; per cent of assets to
liabilities 45.7. For the six months of 1899
the failures We're 5.049; assets $22, S90, Gas;
liabilities $685. 253, with a decrease of
z per cent Of assets to liabilities. This
statement sadly discredits the Registers,
and when the failures for 1900 are
analyzed that paper is further discredited
-Intelligencer.
1t is sufficient answer to this per-
version of the facts to quote the fol-
lowing from Dun's Review of July 7th,
1900.
Reports to r. G. Dun & Co show com
mercial failures for the half year just
closed 1872 in number, with liabilities of
S4l4f.452, but nearly one-third of the
whole amount was in the list of brokers.
agents and the like, of which 265 failed
with liabilities of s22,122 346, and during
the last quarter las failed for SIS, $40, 973
On the other hand, the manufacturing
and trading failures were both smaller
in the second than in the first quarter of
the year, although both were considerably
larger than in the corresponding quarter
of last year
The number of failures and liabilities
Tor this year and last for each quarter
the half year and of banking concerns is
compared below:
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Be patient, and strive constantly
and you will succeed.-New York Jour
nal.
But If you are patient, and strive
constantly, and then don't succeed
what then? Patience and the ability
to strive give out in time.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

First Office Boy: DO you ever git to
take a day OFF,
Second Office Boy: NAV; only when !
fixes de calendar in de Offices Baltimore
American.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
Reassuriur.

Nervous Lady: Have you killed many
snakes around here this summer.
Farmer Hayseed: mo. alters leaves
EN- for summer boarders to kill. You'll
ind plenty o sport mum. New York
Weekly.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Pauline is nearly frantic"
Whats the matter?"
she received letter of proposal from
that freckled Mr.. Tibbs. and she thinks
she mailed her acceptance to Penelope
Jones and sent him her cucumber COM
plexion recipe by mistake. indianapolis
Journal.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

The accumulation Of war taxes in
the national treasury is now $4,000, 600
Now for another war
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
Fiery.

They claim that the new poetess OF
passion is warm one''
Warm? Say. she doesn't even dare
to wear celluloid cuffss'-Cleveland Plain
Dealer.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
HOW TO REMIT.

Send nlI remittances by Registered
Letter, Express Order, Check or
Postal Note. Patrons run a risk
of losing remfttances sent In any
other way. All amounts for $500
or less can be sent by postal order
xor three cents. Address
THE REGISTER,
wheeling. w. Va.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Ten national conventions have been
held up to date. 1t looks as though
there would be the average amount of
politics this year.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

81 i miracle. The highest possible line
and term Of Imprisonment besides
ought to be promptly measured out to
this especial idiot at nine o'clock this
morning.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

The safe blower continues to make
fair wages in the vicinity of Pittsburg
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
ATLANTIC CITY, n. J.


THE OsBoRNE-Arkansas and Pacific
ave. Atlantic City. " J. One square from
Reading depot and the beach Excellent
in every appointment. Fine table Electric
lighting. Elevator. Rates IS to S14 Book
let MRS. r. J. OSBORNE. malsewx
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

The road to Pekin is also a long one.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

GRASS is GROWING and lawn lnpwers
ing Scale Works. or Tel 965: we will call
Tor them. All kinds of work done. We give
pest satisfaction. 1888 Market. west side.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

Ul,IZ
The record shows plainly enough the
disappointment and loss which results
after year of wholly unprecedented ex-
pansion and hopefulness in all lines of
industry and trade when it is found that
season of hating and delay has come
The prosperity yawp is becoming
tiresome. The bank clearings last
week were more than SO per cent. less
than for the corresponding week last
year. the number of business failures
have. increased, and the liabilities have
nearly doubled. The railroads have
suffered vast diminution in the
amount of freight, there is depression
and feeling of unrest in the iron and
steel industries, wooden mill production
has been curtailed, and the future is
not reassuring along many lines of bus
mess. The Intelligencer should study
the signs of the times in the CONNER
cial and business world.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
INDEX TO NEW ADvERTrsEmErrs.

INDEX TO NEW ADvERTrsEMENTs.
Fourth Page.
Wanted--Cook.
Lost-Brooch
Wanted-Baker.
Wanted-Experienced House Notion
Man.
Semi-Annual Report of the Condition OF
he Mutual Savings Bank
Fifth Page
Tan Shoes-Alexander.
Sixth Page.
Trunk and Valises-McFaddens.
Eighth Page.
''It Takes the Cake"-White swan
Laundry. s,s
Ladies' Tailored Suits-Geo. Z. Stfei g
Co.
Strike While the Iron is Hot-Harburger
Bros.
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10

MONEY TO LOAN on long time and easy
weekly or monthly payments THE
CONSOLIDATED BUILDING. LOAN e.
TRUST CO.. 1905 Market ST malSe6zdh
Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-07-10
CARDS OF ALL KINDS

For Societies. Business Men, Churches,
Entertainments ana al otner a1a1rS. -
laxge Quantitiea and great yar.etiea. q
WEST VA PRINTING Co.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-05
TWELVE PAGES
THURSDAY. JULY S, 1900.
THE REASON FOR THE INVASION.

The Philadelphia Times uphoIds tho
contention that the Virginian-Pilot
mas maze from the frst--that Presi-
dent McKinley's contemplated invasion
or China is unconstitutional and dan
gerous, and that the real reason for II
is not e desire to protect Americans
now in China. The Times says:
I'm any case. the expedition lust
started under General Chaffee cannot
possibly exert any influence upon dis
orders now existing. The only pur-
pose 1t can have is to take part in
a premeditated and combined war upon
CHINA, which is rapidly developing. or
to exert an influence i'm the dispute
that Is expected to arise among the
Powers when the preteXt of rescuinr
their missions is abandoned and they
undertake to apportion the control Of
the Chinese Empire.
our Government Is thus entering.
or Its own motion, into what everyone
mas long foreseen as the greatest Deril
In international politics. 1t involves
not Asia only but all of Europe There
VIII be antagonistc interests and we
snail be compelled to ally ourselves
with one side or the other. We shall
find ourselves involved in a world-wide
war. and that not by the wish of the
nation, but by the unauthorized and
unconstitutional action of the Presi-
dent.
THE strength of the United States
Is In our isolation from European en-
fanglements. With the vantage ground
we have. we could have dictated the
worlds policy toward China, II only
we had kept our hands free. 1t NAV
not yet be too late, IL the President will
but halt the mad military policy into
which the dreams of imperial cxpan-
sion have lured him. His safety lies
10
Constitution. That safeguard gone.
the perils In which he may involve his
country are incaculable."
That war with some one of the
Powers or with some combination of
them may follow as a result of the
Chanee expedition is not a remote con,
eingency. 1t is indeed no more remote
than the probabilities of war between
any OF the Powers. With an army in
China the United States cannot hold
aloof, and II such had been the purpose
OF the administration the force of cues
tion would not have been sent. If
there are alliances the United States
Will be party to some of them. if
Indeed 1t is not such already. AS tho
Ttmes says, we shall have no choice
WnAn che souabble begins but to take
SIDES The dispatching OF an expedi-
sionary force to China was not merely
an unauthorized act of war against
that country: 1t was equivalent to
serving notice on every nation involved
that IL ne on its guard. Beyond cues
tion tney SO regard 1t. Truly the periIs
IN winch the inconsiderate, hasty and
unauthorized invasion has involved the
country are incalculable.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-05
"ENTANGLING ALLIANCES"

verify there is nothing new under
the sun. When objection is made to
the imperialistic views and autocratic
acts of the Administration. and to the
usurpation of power by the President
in sending troops to China without the
consent of Congress. there are many
people prepared to believe such objec-
lions to be but political buncombe.
1t is interesting therefore to go back
10 the first days of the United States
and read the words and opinions of the
men and journals of those DAYS. One
cannot but be first surprised and then
appalled, at the tremendous departure
(now in evidence) from the principles
then laid down. Washington's fare
we'll address" Is chiefly remembered on
account of his advice to beware of en-
tangling alliances" The burden of his
advice was to live within our own
limits" strengthening our position bv
accretion, not conquest" Mr.. Whar-
Ton, In his admirable book, follows in
the footsteps of the gifted statesman
and orator. John c. Calhoun, and adj
vises "a wise and mastery inactivity ;.
Thomas Jefferson, who has done so
much for his country. in his first in
augural address took UP the theme of
his great predecessor and insisted with
emphasis upon the same idea. Mr..
Woolsey, In his admira BILE book on In
ternational Law" says: son principir
ice hare maintained a scrupulous non-in
terrention toifh Others. NTH an insisfcnce
upon all non Intervention riM or affairs -
But the most important and far
reaching speech or action ever taken
upon this subject is the time worn doe
trine of MIR. President James Monroe.
The Monroe doctrine had become to
be recognized the world over and re-
spectcd because of It's absolute fair
ness. 1t made this country ask no
more than 1t gave, and demand no
more than 1t required for safety. Men.
like Monroe. Calhoun. Clay and Web
ster, live still In the records they made.
If the Republican party will not heed
the cry OF the people. surely they will
hearken to the eloquent voices OF great
men of the beginning OF the century
men whose very greatness was devel-
oped. and brought out. by the times
in which they lived. Let us hope that
there are enough patriotic men
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-05

nuded forests. and their protection
from fires and exemption from taxes,
until! they again begin to bear
returns. Ip Kansas. also, forests
are being planted and are thriving.
President Garfield. OF the Michigan
Forest Commission. asserts that the
legal side of the forest problem is even
more difficult than the practical side.
According to him. stealing goes on
openly and flagrantly: corporations be-
ing organized for the purpose, and large
areas being cleaned up in this way
The taxes on timbercd lands are also
excessive. and this leads the owners
to cut the timber off rapidly in order
TO lower assessments.
The lesson of this rapid dcnudinE of
Western forest lands ought not to be
lost on the States OF the East. The
time is evidently not very remote
when the Western timber supply.
available for market. will be practi-
cally exhausted. Then the owner of
Eastern timber lands will command
practically his own prices. Unfortu-
nately. however, the destruction of
timber goes on at n rate relatively as
high in the East as In the West, the
telling OF trees being governed by the
state of tho lumber market, rather
than by prudent considerations as to
the future.