davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
OPENED BY COUDERT
Argument in the Porto Rican
Customs Cases.
TIE DingIey Act Cannot Apply to Porto Rico
as it is Not a Foreign
Country.
(By the Associated Press.)

Washington, Jan. S.-Argument was
begun in the United States Supreme court
this afternoon in the Porto Rican custom
cases now before that court. The five
consolidated cases were taken up and F.
r. Coudert spoke in behalf of the plain
tiffs against the Government in the case
known as the Dilema case.
He said the Dilemas had paid the duty
under protest and had brought their suit
to recover against Collector Bidwell as
an individual and not as an official, be-
cause they had not looked upon the
bringing in of the goods as an importa-
ton. Hence the act applying to the adj
ministration of the customs law did not
apply.
Justice Harlan remarked incidentally
that if the court was found to be without
jurisdiction that discovery would de-
termine the case and thus avoid the
necessity of further proceedings.
Mr. Coudert contended that the Paris
Treaty has the force of law until super
seded. Hence by that treaty Porto Rico
had come completely under the sovereign
ty and dominion of the United States.
He argued that the clause of the Paris
Treaty leaving the determination of the
civil rights and political status of the
native inhabitants to Congress was
merely declaratory of the power given
by the Constitution to withhold political
rights and franchises, and to establish
civil government and establish civil law
in all places where no state government
exists"
He laid down the general proposition
that the Constitution is charter or
grant of powers conferred upon the Fed
eral Government by the people of the
United States, and hence that the Federal
Government has no existence outside the
Constitution. Therefore, he said, it was
an impossibility for the United States to
possess territory beyond it's ''constitu-
tional boundaries
Mr.. Coudert asserted that as the Ding
ley act imposed duty only on goods inn
ported from foreign countries" it could
have no applicability to goods brought
from Porto Rico to the United States as
Porto Rico ceased to be foreign" after
the ratification of the Paris Treaty. Such
an act was violation of the constitution
al provision requiring uniformity of du-
ties throughout the United States.
He referred to the anomaly of giving
courts which were not according to the
contention of the Governments counsel,
courts of the United States, power to make
citizens of the United States as territorial
courts do by naturalization.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09


ministers, believe, however, that Prince
Ching is too irrevoeably bound verbally
and think he will sign tomorrow
The objections of the Southern Vice
rows are precisely the same as those
which the court originally telegraphed to
Prince Ching and concerning which, on
the representations of Prince Ching and
Lii Hung Chang, the court eventually
agreed to endeavor to make better terms
after the signing of the note.
The court doubtless was influenced by
the protests from the South because it
was generally felt that the dynasty had
less influence there than in the North.
Chang Chi Tung has strongly urged the
court not to return to Pekin but to es-
tablish a capital in the Yang Use Val
ley. He says this will strengthen the
south toward the Chinese cause, and that
the signing of the agreement as it ex-
lists at present would be a most serious
menace to the dynasty as the state of the
country is doubtful. The note will be
signed if China is very sincere in carry
ing out the provisions of the agreement.
Ii Hung Chang is invisible to the pub
lic His attendants claim that he is
suffering from severe relapse though
many persons think his relapse is made
a convenience so the signing of the note
can be delayed until the court can be
heard from again.
Count Won Rogue, a nephew of Count
Won wolH"rsee, rode seventy miles yes
terday, bringing the news of battle be-
tween the Chinese and German troops to
the northeast of Pekin. Three companies
of infantry and one troop of Uhlans met
1000 Chinese. An engagement ensued
in which 200 Chinese were killed and 300
wounded. Three German soldiers were
killed and one cseoo~ and several men
were wounded. The remainder of the
Chinese fed.
A German expedition in the northern
Continued on Second Page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Leads all North Carolina Daes i'm News and Circulation

slanderous words had come from young
men. against whom the statue of youth
could be pleaded"
They win know better when they
grow older" he said.
Mr. White said he would take occa-
sion a little later in a speech which
would perhaps, be his valedictory to de-
fend the men of his race, who we're no
less American citizens than those Of
white skin and Caucasian blood. Mr.
Whites remarks received a whirlwind
of applause from the public gallery in
which were seated many of his race.
Mr. William Alden Smith (Mich), of
fered an amendment to the Burleigh sub
stitute to fix the membership at 995. The
vote was first taken upon the Spalding
amendment to the original text of the
Hopkins Bill to increase the membership
to $50, and assigning the additional rep
resentatives to Colorado, Florida and
North Dakota and it prevailed without di-
vision.
The Smith amendment to the Burleigh
substitute was defeated-S5 to 1856.
The vote was then taken upon the Bur-
leigh substitute. Both sides demanded
the ayes and noes and the roll was called.
The Burleigh substitute was adopted
165 to 102. The announcement was greeted
with a round of applause Mr.. Clark
(Mo), then offered an amendment to
create a territory out of the District of
Columbia, and allow the district dele
gate in the House. The amendment was
ruled out on point of order.
FoRCIBLE TALK FROM CLARK.
Mr. Clark. however, delivered thor
oughly characteristic speech in which he
said the only objection raised to his prop
osition came from the "fre-haired and
silk -stockinged" citizens who declared
that if the people of the district were
allowed to vote. 1.-The poor whites and the
Continued on Second Page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
AND MAN CAN DONOTHlNG
The Mail Steamer Russie Pounding
Against the Rocks.
THE WINDS BLOWING AVERY HURRICANE
Waves Dash Over Her Decks While People
Stand Watching Helpless to Aid. Dark
ness Falls and With il Perhaps
Comes Death.
lRy the Agsoclated Press.l }

Marseilles, Jan. S.--A terrible disaster
threatens the mail steamer Russie from
0ran, which stranded yesterday on the
coast near the village of Faraman dur
ing a violent storm. with fifty passengers
and crew of forty on board.
She has heeled to the starboard and
the waves are sweeping over her. Des-
perate attempts to rescue her company
by lifeboats and steam tugs were made
yesterday and have been repeated today,
but thus far the rough seas have. pro
sented every effort to approach her.
The wind is still blowing a hurricane,
with no signs of abatement. A great
crowd is assembled along the shores, ex-
citedly watching the endeavors to COM
municate with those on board the ship
which is humping heavily as the seas
dash over her. Rockets have been fired,
but each time the line has fallen short.
Rear Admiral Besson, naval prefect
of Marseilles, has telegraphed to Toulon
for the dispatch of the powerful tug
Travailleur Immediately to the scene.
AS darkness fell this evening the au-
thorities were assembled on shore and
the lifebOats were. lying off awaiting the
first opportunity to effect a rescue, but
the latest dispatch from the lighthouse
keeper at Faraman describes the position
of the steamer as hopeless II is probable
that the vessel and all on board will
perish.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09

be appointed should be arrived at. Sew
eral members thought that the appoint
ments should rest entirely with the Lieu
tenant Governor while others thought
that two Senators should be appointed to
confer with him and report. kilograms
from Lieutenant Governor Reynolds were
read. saying that if the Senate desired
he would arrange to be in Raleigh today.
The matter was finally settled by elect
ing Senator Justice chairman of the Judi
ciary Committee with power to consult
with members and report to the Presi-
dent of the Senate.
1t was then moved and carried that
Lieut.. Governor Reynolds be telegraph
ed that it is the will of the Senate that
he come here as soon as convenient.
Nomination of officers then being in
order. Senator Morrison nominated Mr.
A. j. Maxwell, of Richmond for principal
clerk. Upon motion of Senator Travis
this nomination was made by acclamation
At this point there was some discus
sion as to whether the Senate should
nominate the assistant clerks or let the
chiefs choose them. 1t was decided to
choose the chief officers first, and then
decide with regard to the subordinate
ones.
There was considerable interest over
the contest for reading clerk, which was
next in order.
Senator Vann nominated Mr.. Walter l..
Cahoon, and Senator Henderson nomi-
mated Mr.. Walter Murphy, of Salisbury.
Both nominations were ably seconded.
Mr.. Cahoon was chosen by vote of %
to 16.
There were two nominees for principal
door -keeper-Mr. j. B. Smith, of Cumber-
land, and Capt. Jas. d. Gillian, of Bladen.
Mr. Smith was nominated.
The candidates for engrossing clerk
were Frank j. Clinard, of Hickory, and O..
Continued on Fifth Page.)
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
FILIPINO CAMPS CAPTURED.
Palermo Seeks to Unite the Two Factions Of the
Federal Party.
(By the Associated Press. )

Manila, Jan. S.-Several insurgenf
camps have been captured and destroyed
recently in various districts of Luzon
and Laroe. One camp was captured in
the mountains of Marinduque. A scout
ing party of the Forty-sixth regiment
captured a score of ladrones near Slang.
Many arrests of SUSPECTED Insurgents
continue to be made in Manila and its
vicinity.
Palermo and other influential iHdepen-
dent radicals are seeking to unite the
two factions of the Federal party. Pa
terno contends that while tie declared
principles of the party will do for the
present, eventually the Filpinos will seek
fuller Independence. Although he will
not admit believing America S sovereignty
is undesirable, he SAYS he wants the re-
lations between the Philippines and the
United States to be similar to those Of
Australia and Canada with Great Britain.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
STEAL A YOUNG MAN
And Demand Five thousand
Dollars Ransom.
Young frazer an Eighteen Year Old Youth
Spirited Away From the technology
cal School at Atlanta.
(By lac Associated Press.l

Montgomery, Ala, Jan. S.-From
Union Springs, this State, it is learned
that N. H. Frazer, tax collector of Bull
loch county, has received letter dated
Memphis from men claiming they had
kidnapped Frazer's Is year old son Bass
in Atlanta and demanding $4,000 ram
som. The letter contained young Fraz-
er's signature as proof Of their claim.
Frazer was a student in the Technolog-
ical School at Atlanta, and has not been
seen there in several days. The kidnap-
pers asserted that they were on their
way to Kansas City, whence further
negotiations would be conducted.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
JUDGE BoYp,s NOMINATION.
The Senate Judiciary Committee Bring in a
Favorable Report.
Especial o News and Observer

Especial News and Observer)
Washington, ID. c.. Jan. S.-The Senate
Judiciary Committee has finally acted on
Judge Boyd's nomination and have ia
vorably reported it to the Senate The
Judge will be confirmed at the next exc
cutive session, so it was said tonight.
Mrs. 7. G. Skinner and her daughter,
Miss Fannie. Of IIertford, and Col. w b.
Rodman. Of Washington, are here on a
visit. They were at the capitol this after-l
noon and called on Representative Small
Collector of Internal Revenue Harkins'
and Internal Revenue Agent J. c. Patter-
son, Of Greensboro, are in the city on
official business
Collector Harkins was at the capitol to-
day and lunched with Representative
Pearson
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
THE KIDNAPPERs' LETTER.
Father Unable to Pay the Ransom The Mother
Frustrated With Grief
(By the Associated Press. }

Atlanta, Ca, Jan. S.-Bass Frazer,
who according to a letter received by
his father at Union Springs, Ala, was
kidnapped in this city while attending
the chronological school, was last seen
here Saturday, January 5th.
Two of his brothers arrived here to-
night from Union Springs, Ala, and
gave out the following letter as being
received from the supposed kidnappers.
The letter was mailed in Memphis,
Tenn, January 9Th, and bore a special
delivery stamp:
Dear Sir:-As kidnapping is all the
rage nowadays, we have stolen your
son. We intended to steal before
Christmas, but could not get a chance.
We don't know your financial condi-
tion as your son refuses to tell us, and
we only found fifteen dollars on his per-
son. He is a boy way above the aver
age and we need him in our business
SO we intend to keep him, but you
might send a letter to Jim Glover gem
eral delivery, Kansas City, as we will
be in that city by the time this reaches
you, stating how much you will give
for his return, and if the amount meets
with my approval / will write you more
about it. Do not notify any of the au-
thorities. as it won't do any good and
would ruin all your chances of getting
him. We will allow him to sign his
name to prove to you we are not jok
ing. We have him in a stupid condi-
tion and are caring for him as a sick
person and young BROTHER
The boys signature was attached to
the letter, which contained some gram
matical errors.
Bass Frazer was member of the
first years class. His brothers say
their father is unable to pay the ransom
The mother of the boy is prostrated
with Grief.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Flag Raised at New Orleans.
lBy the Assoeiated Press. J

New Orleans, Jan. S.-The daughters of
1776 and 1872 raised flag at the un-
finished Jackson monument on the bat
tlefield here today in celebration of Jack
son Day and anniversary of the battle
of New Orleans. Many visitors were
present. At night the daughters attend
ed the Blanche Walsh performance at the
Tulane theatre. which was decorated with
the Continental colors in honor of the
day
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09

The case Of Major General Sir Henry
Colvile whose resignation was asked
by the War Office in consequence OF the
Lindley affair has been left in tho hands
of Lord Roberts. Various high officers
returned from South Africa assert that
General Colvile on several occasions,
took precautions for the safety Of him
self and his men which verged danger
ously near to showing the white feather.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Mayor of Santiago Removed.
lBy the Aggoclated Press. }

Santiago, Cuba. Jan, photographic or
ders we're receives ID this afternoon remov-
ing Senor Isidro Grinon, mayor Of San
tiago, from office and placing Senior Giro,
vice mayor. in charge OF the affairs of the
municipality. This action is the result
of the investigation of a commission into
charges of irregularity in the conduct of
municipal affairs
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Won BUELow OPENS THE DIT.
He Announces the Presentation of an Exten-
sive Canal Scheme.
(By the Associated Press }

Berlin, Jan. S.-The Diet was opened
today in the name of Emperor William,
who is suffering from a slight cold by
the Imperial Chancellor. Count Won Bue-
low, who read the speech from the
Throne. The principal point in this was
the announcement of the presentation of
an extended canal bill comprising not
only the Rhine and Elbe scheme but also
the construction of waterway for large
ships between Berlin and Stettin, more
practicable waterway between the Oder
and Vistula and improvements in the
Wartha, lower Oder lower Havel and
Spree.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
A DAY OF GOVERNORS
Inaugurations Take Place in
Various States.
South Carolina, Florida, Colorado and South
Dakota Induct Their Chief Msgis-
trates Into Office.
(By the Associated Press. J

Columbia, S. c., Jan. S.-Governor NJ
B. McSweeney was inaugurated Governor
today for the second time. The cere-
monies were simple. The Governor, III
his message directed attention to the fact
that not lynching had taken place in the
State in the year just closed.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
JENNINGS FOB Low TAXES.
Favors Free Schools and Books and Uniform
Assessments
(By the Associated Press.)

Tallahassee, Fla, Jan. S.-William S.
Jennings was inaugurated Governor OF
Florida this afternoon, Chief Justice Tay-
lor administering the oath of office. Gov
ernor jennings message favored free
schools, free school books, uniform as
sessments and low taxes
The inauguration was the occasion OF
considerable display and the city was
crowded.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
WILL CHING SIGN THE NOTE,
The Germans Take SEE Hal Kong at the Point
of the Bayonet
(By the Associated Press J

Peldn, Jan. S.-The protest of the Vice
roy of Yang Use to the signing of the
joint note, has created little surprise
here, but the fact that the other Southern
viceroys also have protested, causing the
court TO instruct the plenipotentiaries not
to sign the note, created a great scnsa-
ton in Pekin. The agreement has not
yet been presented for signature. The
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
LORD PAUNCEF0TE REMAINS.
Questions With Great Britain Too Serious F.
Change Of Ambassadors.
(By the Associated Press }

London, Jan. S-Lord Pauncefote, Brit
ish Ambassadcr to the United States, ac-
cording to information furnished to the
Associated Press today, will remain in
definitely in Washington.
The questions now at issue between the
United States and Great Britain are be-
lieved to be far too serious to permit a
change in March as was intended by the
British Government.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
TRAINS BURIED By SNOW.
Ten Thousand Russian Laborers Sent to Clear
the Tracks.
CBy the associated Press }

Odessa, Jan. dozens of trains are
showed up on the Southern railways and
some are completely buried Ten thous.
and laborers have been dispatched, to
clear the tracks. Several Russian steam
ers are missing. Sebastopol is full OF
vessels which have taken shelter in the
harbor from the gales. The snow fall
in the last three days has been so heavy
that no mails have arrived here.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Faueral of Gen. W. G. Lewis,
lSnecial tn News and Ohserver. ]

Especial to News and Observer)
Goldsboro. n. c., Jan. S.-The funeral
of General William CASTOR Lewis will be
held Wednesday afternoon at o'clock.
1t was first decided to bury him in Tar
boro, but afterwards determined that the
interment should take place in Colds
berO.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09

Prince Herbert Bismarck disavows the
alleged interview with him in which he
was represented as asserting that the
great German industrial organizations and
the Agrarians would meet the United
States with sharp protective policy.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Steamer SOudan Did Not Founder
lRv iho Associated Pics.

Brussels, Jan. S.-There IS no truth in
the report of the laundering of the steam
or Soudan, which left Antwerp in Decem-
ber to undertake river service in the
Congo Free state
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
Paymaster ThOmpsoa Dead.
lRN the AsaocIaIed prcsa. }

(By the Associated Prcss.)
Washington, Jan. 81 -Paymastcr Charles
r. Thompson, Of the United States Navy,
lied today al his residence in this city.
ae had been an invalid for several years
and his death was not unexpected Pay
master Thompson was native Of Rich
poud. Va. and came from distinguish
sd family.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
F6voRs THE INCOME TAX.

Denver, Jan 8.-Hon. James B. Orman
was inaugurated as Governor of Colorado
today with only the simplest ceremonies
His message advocated inheritance and
income taxes and other financial legisla-
ton
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09
AGAINST MUCH LEGISLATION.

Pierre, S. D., Jan. S.-Governor Herried
was inaugurated this afternoon His in
augural address dwelt on the danger of
excessive legislation
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-09

II money talks it is probably paying
teller.
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-18
THE TRIBUTE OF MIR. BRYAN
He EulOgizes The Personality of the
Late President Mckinley.
THE SORROW OF THE NATION
The Deed OF the Assassin Shames
America in the Eyes OF the World,
He Declares.

Lincoln, Neb., September IA tribute
from w. ]. Bryan to the dead president
was given to the Associated Press today
quoting the words of Major Mckinney
Gods will not ours. be done" MIR.
Bryan recalls the pathetic scenes at the
dcatbbed and continues:
THE terrible deed at Buffalo. rudely
breaking the ties of family aud friendship
ana horrlfYng every pathetic citizen.
crowns n most extraordinary life with a
halo thnt can not but eNnlt its victims
place in history. His bravery during the
trying ordeal; his forglying spirit and his
fortitudc in the final hours give glimpSes
of his inner life which nothing less tragic
But nexpressihly sad as is the death
OF William Mckinley, 1t Is the d0mnable
murder of Mckinley the president that
melts T5,O00O0O hearts into one and brings
a hush 10 the farm. fhc factory and the
forum. Death is the inevitable incident Of
every human career. II despises the sword
and the shield Of the warrior and laughs at
! the precautions suggested by science.
| Wealth can not build walls high enough or
thick enough TO shut II out and NJ house
Is humble enough to escape It's visitation
Even love the most potent force known
TO mon; love the chain which links the
human to the divine, even love Is power
less In Its presence. Its contingency Is rec
ogniZed In the marriage vow, until death
DO us part. and Is written upon friend
ships ring But the death. even when pro
duced by natural causes. Of public ser
want charged with the tremendous reSpon-
sibilitieS which press upon president
shocks the entire country and is Infinitely
multiplied when the circumstances attend
1 ing constitute an attack upon the govern
ment itself No one can estimate the far
reaching effect of such an act as that
which now casts a gloom over our land.
IT shamcs America In the eyes of the
world. II impairs her moral prestige and
gives enemies of free government a chance
TO mock at her. and IT exctes an indigna-
ton which while righteous itself may
lead to acts which will partake of the
spirit of lawlessncss. as the presidents
death overwhelms all in n common sorrow /:
SO II imposes common responsibility.
namely to So avenge the wrong done to the
president. his family and the country as to
make the executive secure without abridg
ing the freedom Of speech or freedom Of
the press"