davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
DISSENTING OPINIONS.


Justice McKenna read a dissenting opin-
ion in the De Lima case, stating that JUS
tices Shiras and White Joined in his views.
The majority he said, proceeded on the
simple proposition that to settle whether
Porto Rico is foreign country" or do
mestic territory" is TO settle the contro-
versy in litigation in the particular case
But, in his view. II could not turn on so
easy q definition. Between the extremes
there were other relations which Porto
Rico might sustain t. the United States,
and it could be demonstrated that Porto
Rico occupied one OF these other relations
and it's products hence were subject TO
duties. The history of our country. said
Justice McKenna, has examples of the ac-
quisition Of foreign territory-examples Of
what relation such territory bears to the
United States-authorities, executive, legis-
lative and judicial. as TO what was wise in
statesmanship as well as what was legal
and constitutional in withholding or ex-
tending our laws to such territory and
finding these examples and authorities in
the way, the opinion of the court at
tennis to answer or distinguish or over
rule them.
He then cited the cases OF United States
VS.. Rice and Fleming VS. Page. referred to
by the majority and said the latter at
tempts 10 reconcile them and dismisses a
large part of Chief Justice Taney's decision
in the Page case as dicta. He thought
both cases reconoilable, and on the ground
that both recognized inevitable conditions
such recognition made government provi-
dent and not haphazard 1t left TO the ex-
ecutiye and the legislative departments
that which pertains TO them. The opinions
expressed I'm kleming VS.. Page, that the
boundaries of our country could not be en-
larged or restricted by the advance or re-
treat of armies and that whether duties
should be levied depended on Congress
granting authority, should be accepted as
wise and as considerate Of the different
functions of the executive. legislative and
judicial departments and OF their inde-
pendence.
Why should It, then, be discarded as die
tumP If constancy of judicial decision is
necessary 10 regulate the relations and
property rights of individuals, is not con-
stancy of decision the more necessary
when IL may influence or has influenced the
action OF a nation? If the other great de-
partments OF the government must look 10
the judicial for light, that light should
burn steadily II should not, like the ex-
halations of a marsh. shine TO mislead.
Distinctions, he contended, always had
been recognized between territory acquired
CONTINUED ON PAGE 4. COL. 81
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
BEFORE THE FORAKER ACT.
CUSTOMS DUES ILLEGAL.
Majority Decision of Court in the
Case of De Lima ct nj.

WASHINGTON. May 27-The first case
ct al, plaintiffs in error. against r. Bid
well. collector of the port of New York. the
case coming to the Supreme Court from
the Circuit Court of the United States for
the district of New York. The decision was
rendered on behalf OF the majority of the
court by Justice Brown, the opinion being
concurred in by all the justices except Jus
tices McKenna, Shiras and White. The
decision hung upon the case coming from
the State of New York, involving the levy
ing of $4,000 in duties on goods imported
from Porto Rico into the United States,
the collection Of the duty having been
sustained by the lower court. In effect the
decision was that territory acquired by the
United States is part of the United
States and not foreign territory. and that
such import duties could not be levied.
The decision of the lower court was re-
versed.
Justice Brown announced In the begin
ming OF his decision that the court un-
doubtedly has jurisdiction In this case. He
said the case raised the single question
whether territory acquired by the United
States by cession from a foreign power
remained a foreign country" within the
meaning OF the tariff laws, and added:
''The question involved in this case is not
whether the sugars were importable ar
tcles under the tariff laws, but whether.
coming as they did, alleged TO be domestic.
they were imports from d foreign country
in other words whether they were i'm
ported at all as that word is defined in
Woodruff VS. Parham. We think the de-
cision in the Fassett case is conclusive TO
the effect that, If the case be whether the
sugars were imported or not, such ques-
ton would not be raised before the board
OF general appraisers, and that whether
they were imported merchandise for the
reasons given in the Fassett case that a
vessel is not an importable article, or be-
cause the merchandise was not brought
from foreign country, is immaterial In
either case the article is not imported
"Conceding then. that Section BOIL ha.
been repealed and that no remedy exists
under the customs administrative act. does
il follow that no action whatever will lie?
II there be an admitted wrong. the courts
will look far 10 supply an adequate remedy.
II an action lay at common law, the re-
peal OF Sections 29S1 and 301l. regulating
proceedings I'm customs cases chat is turn
ing upon the classification OF merchandise
10 make way for another proceeding before
the board of general appraisers in the same
class Of cases did not destroy any right
OF action that might have existed as 10
other than customs cases. and the fact
that Section % no collector shall be liable
for or on account of any rulings or de-
cisions TO the classification of such mer-
chandise or tire duties charged thereon. or
the collection OF any dues. charges or
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
PRESIDENT AND CABINET PLEASED
News of the Courts Decision Received
from MIR. Richards.

SIDNEY, Neb., May 27.-The President
and the Cabinet received the official in
formation here that the Supreme Court had
decided the insular cases in accordance
with the contentious OF the government.
The news came in the shape of a telegram
from Solicitor General John X. Richards.
II was brief. however. and contained no de-
tails beyond the bare announcement that
the administration had been sustained.
Naturally the President and Cabinet Off
GERS were elated over the victory although
they have never doubted that the decision
would be in favor of the government. The
members of the Cabinet aboard the train
declined to express their opinions for pub
hcatlon In advance of perusal of the
text of the opinion.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28

ion the chief Justice and Justices Harlan.
Brewer and Peckham united, and the chief
justice and Justice Harlan presented their
views in written form. Justices Gray.
Shiras. White and McKenna also. while
agreeing with the conclusion announced
by Justice Brown. announced that they
had reached the conclusion by different
lines Of argument. and Justices Gray.
White and Mckenna announced opinions
outlining their respective positions. JUS
tices Shiras. White and McKenna also dis
sented in the De Lima case. uniting in an
opinion. Justice Gray also presented an
independent and dissenting opinion in that
case.
The small courtroom was crowded to re-
pletion throughout the day, prominent
government officials and many attorneys
being present. and the proceedings were
followed from start to finish with keen in
terest
The other cases decided by the court were
those of Goetz VS.. the United States, in
volving duties importations from Porto
Rico. and Crossman VS.. the United States.
duties on Hawaiian imports being involved.
In these two cases the De Lima decision
was followed and assessment of duties
prior TO enactment of legislation for the
islands held legal.
The assessment OF duties was partly sus-
tained and partly upheld in the cases of
Dooley and Armstrong VS.. the United
States The duties were held legal when
made during military occupation of Porto
Rico and prior to ratification of the peace
treaty. but illegal when levied after the
peace treaty but prior TO passage Of the
Foraker act
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28

II was territory of the United States with
respect OF which Congress had not eNer-
clsed any power whatever by legislation or
otherwise.
What the court decided was that while
we were occupying Porto Rico prior 10 the
ratification of the treaty of peace, it was
foreign territory and our occupation and
government was military and all that was
done was in the nature OF military neceS-
and after the ratification of the treaty Of
peace IL was no longer foreign territory,
but domestic territory within the meaning
OF our tariff law, according 10 which tariff
duties can be collected only on impOrtations
from foreign countries. and that, cOnSe-
quently, the duties collected on imports
from Porto Rico after the ratification OF
the treaty or peace and prior TO April Il
1900. when Congress first legislated, were IL
legally collected-illegally collected, how
ever, not because Congress was without
constitutional power to impose such duties
on importations from Porto Rico. but be-
cause. during that period, Congress had not
The third proposition decided by the
court and the one Of supreme importance
was that Porto Rico. being a Territory OF
the United States, is not a part of the
United States. but only territory belonging
10 the United States, and that IL is, there
fore, within the constitutional power of
Congress to so legiSlate with respect TO il.
including the imposition of tariff duties, as
II may see fit. and Congress. having so
legislated on the 18th day of April, 1900 the
provisions of that law are valid and TO be
upheld and enforced; in other words, the
effect Of the decision is that the Constitu-
ton does not follow the flag and that
Congress has plenary power. under the
constitution, to govern our insular acquisi-
tions according to their several necessities.
The supreme Court goes even further and
says that If there were no constitutional
provisions investing Congress with this
power IL would, nevertheless, 'ex-necessi-
tate, have this power. since the States,
acting in their statal capacity. could not
provide the necessary legislation and po-
HticaI sovereignty can be exercised only by
the political department of the govern
ment.
THE decision is complete vindication OF
the position held by the Republican party
with respect to the power of Congress to
legislate for Porto Rico and the Philip
pines and settles at once and for all that
the United States is equal I'm sovereign
power. of any other independent govern
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
Bryan Not Ready to Talk.

LINCOLN, Neb., May 27-Mr. William
Jennings Bryan's only comment on the de-
cison in the insular cases that 1t
seemed to uphold the contention of the
Republicans in some respects, and that of
the Democrats In others. He said he would
not commit himself further on the effect of
the opinion until he had read the full text
He hoped the Constitution would follow
the flag.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28
DOES NOT FOLLOW FLAG
Constitution Extends Over New Territory
Only When Congress SO Declares.

Decisions of the United States Supreme Court Rem
dered in Cases Involving the Status of
Recently Acquired Possessions.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-28

restrictions cease to operate the moment
such territory is admitted as a state.
WHEN SOVEREIGNTY CHANGES
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15
'ssSssosSssassesSossssssses
MILITARY INNOVATION.

Captain Avery Explains New Order
OF the Secretary OF War
To the Editor " The Post,
College station, Texas, December r. The
secretary ~ war has recently issued AN i'm.
portant order opening the military school
a. Fort Leavruworih aud the smaller
school, at military forts 20 graduates Of
military schools and colleges which have
had Officers OF the army detailed as nstruc-
tors THESE schools are also open 10 Of.
ncrrs az the National guard aud 10 rorucr
officers OF the volunteer service.
This Is a most noteworthy innovation In
military circles and one that surely viii
meet with APPROPRIATION from the outside.
The service ANA stan college at Fort
Lcavenworth viii begin it's first term under
this new order September 1902. Al pres
ent the Instruction will be limited to UnC
year and such additional time rs may
bc necessary 10 complete the annual ma
nruyers which viii be carried out Jointly
with such troops as can be assembled for
the purpose outside OF those at the fort,
which viii consist of detail from each
n. II. Avery,
Captain L. ), A.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15
GERMANY AND VENEZUELA
HALT IN EXCHANGE or coMMuNi-
CATIONS BETWEEN THEM.
Situation Was Brought About BY PubIi-
cations That the United States Win
Not Oppose Germany.

wiilenlstad. Island OF Cnyacoa, December
l3y-There has been halt In the exchange
ef communications between Germany aud
Venezuela owing 10 the publication IN the
newspapers Of Caracas Of cable dispatches
from the United States setting forth that
the government at Washington will not
oppose any steps which Germany may take
10 enforce her rights In Venezuela, With
the exception Of preventing the annexation
Of Venezuelan territory. AS result the
newspaper attacks on Germany have
ceased, but the semi.oficia papers are
nOw attaching fhe United states, saying
that Washington. IN authorizing Germany
to fake action In her dispute with Neno-
zEeia looks upon the latter country as be
Ing part OF the territory OF the unlted
states
II Il believed here that Germany vi the
end Of the present month viii take steps
TO obtain due acknowledgment OF her
claims for 100000 arising from Losses
1 sustained By German citizens during the
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15
A TEXAS GROUP OF FIVE GENERATIONS.

daughter. Mrs Bette Fore. Is Sc; Mrs
fores daughter Mrs. Walker ls p, and
Mrs. Walkers little daughter is nearly 3
wears old. At present nll u the PARTIES,
the five generations. reside iu Nolkum.
Teas. former dourlshing merchant Of
Eccyille; Mr. r.. NJ Teas Of Nopal this
section. ana Miss Mary Teas aud Nj car
RON Teas OF Floresyinc Nlr. Teas rs a
prosperous business man of that city aud
his sister, former teacher Is NOW living
with him ana assisting iu the care Of his
children Mrs Teas and her children have
always been identified with moves that
mukc for the moral social aud general hrt.
termcut and progress % the Identities ot
ihoir residence and uouc stand higher IN
tho acncrnl cstcrm 81 their arquaiutanrcS.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15

Mr.. A. e. Teas nee Floyd. tlc oldest
person In the group was bora tu South
Carolina June y. 1919. Having lost her
father iu early life the care Of rearing
herself aud three Sous devolv"d upon she
mother and uoblv did She discharge ,be
varied duties resting upon her few
years LATER the mother and children re.
moved 10 Mississippi '>hHrc subsequently
Miss Floyd was married TO Mr. j. Iul.
This Union was blessed with three chit
dren Sarah Ann. William g. and Aui
Eliza
In 1870 Mr. Hull and family novel lo
Texas and purchased a home ou ItWty
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15

Buy pianola and get the music ont Of
yonr piano With q pianola any member
~ your fapily can play delightfully."-, Ad'
dress Will A. watkin Music Co.. Dallas.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15
ENrENnEn M FRANCN

Paris December l3. Heavy storms have
swept over France Snow has fallen IN
nlany districts, Many small wrecks have
been reported
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-15
THE ANGELINA COUNTY COURT HOUSE.

Designed BY H Fqm Son Ho@o Ths %h0e Win
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
He Was Slow.


Lincoln used to be fond Of telling .
story Of lawyer In a western town
who desired the nomination for county
judge. On the morning preceding the
evening on which the county conven-
ton was to meet he applied to the liv-
cry stable keeper in his village for q
horse and buggy in which to drive to
the county town, 16 miles distant,
where the convention was to be held.
"Give me the best and the fastest
horse you have, SAM" said he, $50 that
! will have time to go around and see
the boys before the convention comes
In"
The liveryman, however, was sup
porting a rival candidate and gave the
lawyer horse that outwardly appear
ed perfect but which broke down en-
tirely before half the journey was COM
pleted. so that when the candidate ar
rived the convention had adjourned
and his rival had been nominated.
On his return to the stable late the
Following afternoon, knowing that it
was useless to resent the trick played
upon him. he said to the owner: Look
here. Smith, you must be training this
horse for the New York market. You
expect to sell him to an undertaken for
a hearse horse, don't you? Well, it's
time wasted. know from his gait
that you have spent days training him
to pull hearse, but he'll prove dead
failure. Why, he's SO slow he couldn't
get corpse to the cemetery in time for
the resurrection"
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
The Fa m 81 us Asphalt Lake.


Asphalt is being dug out of the ia.
nous tar lake of Trinidad, the most
notable existing source of the material
in the world, at the rate Of $4,000 tons
per annum. There are still 100000
tons in sight, but as this rate the sup
ply could not last long were it not that
the lake bitumen referred to is receiv-
ing constant accretion from the bow
els of the earth. This accretion is
reckoned as amounting to about 10000
tons yearly and would suffice to restore
the lake to its original condition If it
were allowed to remain undisturbed
for a few years.
This wonderful lake of pitch has an
area Of III acres, and recent sound
ings made in the middle .of 1t have
shown the depth to be 1875 feet in that
part. Near the center it Is semiliquid
and bubbling, but elsewhere 1t has so
hard surface that man on horse
back can ride over it without danger Of
breaking through the crust. Scattered
over it's surface are a number of small
islands which have no proper roots in
the earth. so to speak, but are compos-
ed merely Of accumulations of SOIL
though trees of considerable size grow
on some of them. These islands are
not stationary, but are carried slowly
from place to place by the movements
Of the lake. Now and then one Of them
is entirely engulfed.-New York Post.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
To Keep Butter Sweet.

One can keep butter sweet a long
time. even in hot room where it Is
half melted, by keeping it covered with
brine made by putting into boiling wa
ter all the salt it will take up. Then
let it cool and pour over the butter.
Meat may be preserved in the same
way. TO be sure, it will become rather
salt but when you wish to use 1t take
it out of the brine the night before and
lay it across two spoons or sticks to lift
it from the bottom Of the dish In which
YOU wish to soak it and then cover 1t
with fresh water. The salt will then
settle out of the meat, and it will fresh
en- nicely. You throw meat or fish into
the bottom of a vessel and cover 1t
with water, and 1t will freshen very lit
tie, for the salt does not fall out, but
only to the lower side.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
ROXBURy

few days. az nome FOR a
FREQ Harrington has returned 70
his work in Beverly, Mass s''u'neo TO
The selectmen have receDt,n .
Waterbury, f"r''es IN
Geo; Fiske has moved bis ,ami,r -
St. Adams. ' 'ai''iiy 10
II. M Spaulding is in wo,cos.o.
Mass. :" worcester,
wednesday afternoon aho,, .o
1rlends gathered at the home Of Orr ~
Ray to celebrate the 6Stb hi,t II, Dr T. II,
MIS- Marshall Latham. Several n,o VI
enfs ard about 500 we're left as to p'es,
OF esteem. 10 'oAelS
G. Bagley was In Essex .Iurot,on
recently. '1n''ion
There is a trimmer from Rnr,;,o
Ton al Mrs. w. j Carpenters mill.
nery store for short time. '''''
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
The Hot Water Cure.

Boarding House Keeper-A glass OF
hot water? What can the man want
with IA glass of hot water? He doesn't
shave.
Cook-He wants to drink 1t.
"To drink it? Well, never!'
ooh, all the boarders is sending for
hot water now three times day"
Goodness me! What forY
eur to drink. They calls 1t the hot
water cure. 1t beats all newfangled
notions what come up"
"What does it cure?"
"Oh, they say it really cures every
thing just splendid"
"Thank fortune it's cheap. Give 'em
all the hot water they want, Maria"
"Yes'm."
$50 hot water Is a great cure, Is 1t!
Well. shan't let any of my boarders
get i'll for want Of medicine. Just put
another gallon Of hot water In that oys'
ter soup, Maria, and think you'd bet,
ter take out the oyster now. 1t might
get too ."-London It'll Bits.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
Night was Her Terror

II would cough nearly all night long,
writes Mrs. Chas. Apologize Of Alexan-
dria, Ind land could hardly get any
sleep. had consumption 80 bad that II
walked block would cough fright
fully and spit blood. but, when al! other
DR.. Kings New Discovery wholly cured
me and ! gained IS pounds" !t'e abso-
iitelv r,,:,ranteed to cure Coughs. Colds,
La Grippe, Bronchitis and all Throat ana
Tunr Troubles. Price SOC and $1.00. Trial
bottles free at Parlor Drug Store.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
Nobody Paid Her Fare.

A Young woman got aboard a West
Broad street car and discovered, to her
humiliation, that her fare was missing
when the conductor called. In grun
manner the custodian of the car said
he'd have to get the fare at once or the
woman would have to walk. This dec
laration added to her embarrassment.
The car was crowded. On her right sat
q genial Irishman and on her left q
well known bookkeeper. The book
keeper and Irishman exchanged sever
al meaning glances. The conductor was
about to pull the bell rope. The book
keeper said he'd pay the fare as the
young woman looked perfectly honest.
The conductor repeated that he'd put
the woman off. This aroused the Irish
man, who said, "If you put the woman
off, your funeralll be tomorrow" See-
ing slight nervousness on the part OF
the conductor, he continued:
"How many people on this car want
to attend the funeral Of this conduct
orr" Several answered In the affirma-
tive. The conductor grew excited and
in the alteration that followed walked
to the platform without securing the
woman's fare.-Columbus Dispatch.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1901-03-18
Central Vermont Railway
TIMETABLE


Corrected to March ~, 1901
1raihs leave Barre DAILY, except Sunday
.s foowsS
CasNG SOUTH
s R}c 4; MyM New York vs spnssnsId n
ali New England points. Parlor car to Bos-
ton via Lowell
1901 p. M FAST EXPRESS For Boston
via Lowell New York via Springfield and
via New London. Buff t parlor car to Bos-
ton.
51o p. M.-LOCAL PASSENGER For
Northfeld. Randolph, White River Junction
and Windsor.
HOOP. M.-NIGHT EXPRESS Leaves
Barre week days only but leaves Montpe-
lier 10 IS A. NJ. daily, including Sundays, for
Boston via Lowell or Fitchburg and for New
York via Springfield. Pullman sleeping cars
to Boston via Lowell and to Springfield.
GOING NORTH
a5O .M-PASSENGER For Burlington
st Adams Montreal and Rlchford. Con-
meets at Essex Junction with express for all
points on Rutland Railroad.
eO5p.M.-M MAIL For Burlington, Rut.
land c anbridge Junction, st Adams Mon.
trea, Rouses Point and Ogdensburg. Parlor
car to Montreal.
510p NJ, EXPRESS For Burlington,
St A ms and Montreal. Pullman sleeping
car o ltpelier Junction to Chicago without
chanse, Due Chicago S.45 p. M. next night.
Suburban Service
TRAINS TO MONTPELIER. Leave Barre $40
$50 A. M, 10 Oh, LOS, $40, 11.00 P. N.
TRAINS TO BARRE. Leave Montpelier 6.S5
915, 1850 A. NJ, 1855, $50 and $40 P. n
WIlIiamstoWn Trains
Leave Barre 1.2O, 4.3O p. NJ. Due Williams
town, 1.55, 5.20P M.
Leave Williamstown, 7.30 A. NJ, 2.S0 p. u
Due Barre, sos A. M, 800 Pm
R. s. LOGAN, S. w. CUMMINGS,
Vice-Pres Il Gen. Mang. Gen. Pass. Agt