davidaulloa/AmericanStories huggingface dataset:
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28
MR. TRACEFBLL' s OPINION.
Finds No Authority to Refund
Porto Rican Customs Dues.

He Says the Secretary of the TreHs-
ury Must Rely Upon Legislation by
ConEress-The Statutes Bearing
on the Subject Literally QuOted.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

who collected the duties in question. sta
TONED at San juan Porto Rico not 2
port of entry of the United States. who
dld not account TO the United States for
the duties collected. who made no report
to the Secretary of the Treasury there
OF, which duties were not collected under
any law Of Congress but under a militia
II order having no RELATION whatever to
our tarirL SysteE-WaS any such collector
as was IN contemplation of Congress
when 1t made provisions for the refund Of
duties collected and liGuidated by the col
IectCrS of customs therein mentioned
1t certainly was not In the mind of
Congress when It vas making provisions
Tor the refundncpt4 Of customs duties
wTcHgfully exacted by collectors of Gus
toms Of the United States and to be
liquidated according to the terms of said
administrative customs act Of 1899 in
order that the. Secretary of the Treasury
might have q proper basis upon which to
make such refuaGnaent, to extend the pro-
Visions OF said act to duties collected by
the military arm ofzt1fe Government by
agents Of another department Of the Gov
eminent who owe no duty and make no
report TO the Secretary Of the Treasury.
and fer moneys that do not 20 into the
Treasury OF the United States
i do not believe that the act~can be =
extended, hence / am of the opinion that
you are not authorized to Use the appro-
priatign made in said section "a to make
the refundmentS mentioned in your refer
ence-
1T is proper in this connection to no
N4t-t- eAtAJAE4EF fiIcSEl3Ll WHICH VIII UeGESSI-
Tily arise In a matter (which is-novy be
fore me. involving your authority 70 re-
fund duties wrongfuiIy 4xacted by the
regular customs officers of the United
States on what is termed irnDorta tons
into the United States covering the same
period Of time on goods brought from
Porto Rico into customs port of the
United States These duties were deCid-
ed TO have been Illegally exacted in the
case of De Lima VS.. Bidwel supra
The question arising Hereunder IS can
q refundmeHt be had of duties which are
paid under protest on articles which are
not imported, il the strict sense Of the
! word2
our whole tariff law is based on the
idea OF import duties. II is distinctly held
by the Supreme Court ia De Lima VS.
BidweII, supra, that Porto Rico during
the period IN question was not in the
puryieW of our revenue law. a foreign
country, and hence nothing could he in
Il strict sense. m Importation into the
United States from that country In or
DER that there may BE-, IN the strict sense
Of the word. an importation. II must be
brought in from a foreign country
II express no opinion as to whether Sec
ton y of the act OF June. 1893 with its
cUEnate sections Il and Is are broad
enough 10 justify refundnent as 70 such
nae rchaBdiSe when such duties are col
lscted by United states collector under
protest. and go into the Treasury Of the
United States. and are properly Iiqudated
as provided in said section
with my views as to the case before
nls. II is unnecessary to express an opin-
ion as 70 the latter matter.
Respectfully.
r. j. TRACEWELL.
--ComptrOlieT.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28
We Cut 800 Mems Fine Suits Adrift Tomorrow

\ he
f
for they ARE indeed worha they emarked
Therefore they ornn
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

Misses Kid and Patent
Leather 1 and 2-s1rap SAN
dals, Girls and Boys All
patent Leather Oxford Ties;
Girls Wei Eid Lace and
Button Boots. and Boys and
YoCths Sterling Calf Lace
Shoes; SI-25 and $50
values
Tomorrow orr
only.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

he says the secretary OF the EEeHS-
ury Must Rely Upon Legislation by
ConEress-The Statutes Bearing
on the Subject Literally QuOted.
The Treasury Department today made
public the text Of the letter of Robert J.
TracewelI, Comptroller of the Treasury.
to Secretary Gage, IN which Mr. Trace
wei holds that there is no appropriation
available from which payment of the
claims resulting from the decision Of the
United States Supreme Court IN the Por-
10 RICan cases. involving q refund OF Gus
toms dues paid TO this Government, can
be made.
Mr. TraceweT's letter is as follows:
''The Honorable, the Secretary Of the
Treasury
Sir I have your reference Of the 9Th
instant OF communication from Mr..
Henry NJ Ward, Of New York city, dated
the 4th instant as follows:
As attorney Of record and counsel IN the case
OF DooIey IS. United States, No. 50I, October
Term. 1900 decided by the Supreme Court on
Nay 2, ! beg 70 enquire what action viii he
taken by your department with reference 70 the
refund Of the claims which arose out of the pay
meut Of duties n Porto Rico between April L.
1899. and Nav L 1900.
l enclose herewith a copy Of the complaint in
the bO0icy case, with a schedule showing the
amount Of duties and dates Of payment involved
IN that suit This case was brought as q test
case, and very large number OF other claims
have been put IN my hands which aroSs under
the same state OF facts / have the vouchers for
the payments in my possession and before bring
ing suit on the other claims, I would Ike 70
know whether the department VIII refund these
claims without suit. production Of the voueh-
e-s
& presume it Is your intention by this
reference 10 require a decision as to
whether you are authorized by law TO
refund the class Of claims for alleged i'm
port duties, as is therein described.
THE claims mentioned are for the re-
findment of duties exacted and paid IN
der protest on merchandise imported into
Porto Rico from the United States be-
tween the date Of the exchange of ratifica-
tons Of the Treaty Of Peace between the
United States and the Kingdom OF Spain,
viz. April II, 1899, and the date when the
act approved April z, 1893 81 Stat, -, to
provide revenues and a civil government
fer Porto Rico, went into effect, viz; May
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

The children Of the West Washington
Lutheran Churelt went on their annual
picnic yesterday .2Iaddoxs woods were
selected as the recreation grounds The
Rev Stanley Eiliheimer pastor Of the
church, accompanied the Juveniles
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28
NEWS FROM GEORGETOWN.
a lawn Fete for the Benefit of the
athletic Association.

During the first four days Of next week,
4 lawn fete will be held on the George
town University campus. the object being
10 raise funds for the Georgetown Ath-
Ietfc Association. The following ladies
have consented TO render assistance, by
attending to the various booths: Mrs J.
Hadley Doyle, Mrs. Worthinston, Mrs G.
A. Hyde. Mrs. KearRey, Mrs f. r. Pat
terson. and Miss N J. BeckIey.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

Samuel Bagsutt yesterday struck James
NIcCzee, Of 1017 Thirty-first Street with
brick, while the latter was sitting in his
doorway The injury received by MCGEE,
was not serious.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

There is no truth in the report to the
effect that the authorities of the Academy
Of the Visitation are about 90 begin the
erection OF row OF brick dwellings, on
the Thirty-fnh street size OF the Con
vent property
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28
DIED.

DIED.
DAVTpSON-on Thursday, June y 1901,
FRANCIS LEROY infant son OF William \ and
Annie Werls Davidson
Funeral private.
NATTIIEWS-On Wednesday June 20 1901, at
D. M MARY F., eldest aad Beloved daughter
of Peter and Bridget MattheEs, OF = Street
northeast
Funeral saturday june D, $50 a. m, from
residence; thence 70 ST. Aloysius Church.
The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-28

The trapdoor over the recentiy-c0n-
structcd Aquedrct Bridge pier. is reported
70 be in q daEEcrosIs condition.
The Montgomery advertiser., 1901-07-18
A NEW CANAL TREATY
LORD PAUNcEFoTE NOW WORK ... ING ON ONE.
Says the Document Will Be Accept able to the President, the Brit ish Cabinet and the United
 States Senate.

London, July 17.-Lord Pauncefote British Ambassador to the United States, made the following statement tonight to & representative of the As sociated Press:
 q am having conferences with the Marquis of Lansdowne, not only about Nicarauga, but also with regard to half dozen treaties pending between Great Britain and the United States. These are generally concerned with West In. dian reciprocity arrangements"
 When asked if he thought there was any possibility of arriving at an agree ment regarding the Nicaraguan Canal before Congress reconvened, he re- piled:
 Yes, I sincerely hope so. We are now In the middle of the negotiations, which, although they have not yet reached any tangible result, show good promise. When I return to the United States at the end of October, I hope to take with me a Nicaragua treaty that will meet the views of both President Mckinley and the British Cabinet. It goes without saying that the Presi- dent has made himself cognizant of the opinions of the Senate and of the Secretary of State.
 There is no use wasting time over treaties which the Senate is likely to refuse. I really believe the differences of opinion between the two nations are capable of settlement in an agreement fair to both.'
 At this point Lord PauRcefote paid a warm tribute to Americana
 They are the most genial people on
The Montgomery advertiser., 1901-07-18
NEW POSTAL ORDERS
SMITH DETERMINED UPON A REFORM.
Publications Whose Calculations De- pend on the Prizes Given Sub
 scribers Excluded from
 Second-class Matter.

Washington, July 17.-Postmaster-Gen- eral smith has signed three orders amending in important particulars three postal regulations affecting second-class mail matter. The changes Will make Sweeping and radical reforms in the De- partment practices and methods or ttedl- ing this class of matter.
 The first order amends Section 2Io so as to exclude from the second class pup iications which have the characterlStlcs of books This amendment IS Tn these U,ords: "Periodical publications. herein referred to. are held not to include those having the characteristics or DOCKS, put only such as consist Of current news pr yoi@calIaneous literary matter. or poth' not excluding advertising, ana conform to the statutory characteristics or second class mail matter e.t., 90, , several particulars, the principal one pe- ing that publications, the subscriptions to which are not founded on thelr Nalue as news or literary journals, ana Whlcn py the general use of premiums or otStr considerations in the form or chances to win prizes, etc, to induce suPsol p,oy,,i in effect circulate at apparently hoinl- nal rate will be excluded rom the sec oud class The essential paragraph or this is as follows: L.,
 ''The subscription must be shoWn Dy the publication. and when it appears rom inc contents or from the intrinsic induce ,nents offered in combination with 1t. that the circulation of the publication Is not founded on is value as a news or literary journal and that subscriptions are not made because of such value, but because of its offers of merchandise or other con- eiderations resulting in effect in it's cir cu!ation at apparently nominal rate, such publication does not come within the requirements of the .aw for acce pt- ance as second class natter
The Montgomery advertiser., 1901-07-18
RoME's SUBMISSION.
Victory for New French Law of {
 sociations.

Paris. July 17.-A letter from Ca dinal Getti, Prefect of Congregation of Bishops and Regulars. to the heads, of the various orders, is publishes. which says that the Holy See has de- liberated upon the question whether the congregations in France should apply for the authorizations in accordance with the new law of association.
 The Holy See has decided that, con- demning all provisions of the law im- pairing the rights, prerogatives ana legitimate liberties of the congrega- tions. nevertheless. in order to avert the very grave consequences of the ex- tinction of the congregations in France. which do so much good. it will permit institutions to apply for authoriza- tions under conditions specified in the letter.
 Commenting upon this, The Courier du Soif. which reflects official opinion says:
 "These pontifical instructions consti- tuts the first victory for the new law. They imply the submission of the con- gregations while the conditions speci- fled leave absolutely intact the fixed rights of civil society over religious associations"
The Montgomery advertiser., 1901-07-18

the face of the earth" he declared. At the first grip of the hand they take you to their hearts. So long as you do not try to deal in an urderhand way. 60 long as you do not assume superior airs, they treat you as one of their own. and no one could say more than this"
 Rcverting to the report that ma joriry of the Senate favored a neutral canal. Lord Pauncefote said:
 Tt would be good news, if true. happen to know that Mir. Hay con- suited Che Senate, both the sections supposed to support him and the sec- ton credited with other motives. You may be sure that whatever is agreed will meet with the approval of the Sem ate."
 When asked if the joint commission Is likely to sit again in Washington. he replied: "Yes, think that 1t will, although this will not occur until after mX return.
 'I see that the Boston Chamber of Commerce has petitioned for reciprocity with Canada. This regard as most hopeful sign. It will be one of my aims when return to the United States to foster this desire for closer commer- ClAi TSih,lOHSHip tttNttu tHc DOilifAtul and the United States.
 Tn spite of the attitude of Canada toward New Foundland and in spite of the trade difficulties of both Canada and New Foundland in dealing with the United States, by no means de- spair of effecting some sort of reel procity scheme. which. when the Me araguan treaties have been arranged will bring Great Britain and the United States to a basis of even better under standing than exists today"
The Montgomery advertiser., 1901-07-18

conviction shall forfeit their offices. He spoke at some length upon the propo- sition and declared that Q clause with out penalty was worthless.
 Judge Coleman of Greene, spoke against the free pass evil but said the proper place for 1t was in the Article on Corporations.
 MT. Smith of Mobile. argued against the amendment. He said 1t was inn practicable as the members of the leg islature would get the passes any way.
 Captain White accepted substitute for his substitute by MT. Watts of Montgomery, extending the provisions to all State officials.
 The Montgomery delegate spoke against the evil practic, of State off, cials and legislators accepting passes from railroad companies. He showed that passes were issued to officials to influence them and for no other pur- pose. He said he had seen Judges of State Courts using passes and 1t was manifestly wrong.
 MT. Long of Walker, made a speech ridiculing the idea of taking railroad passes away from public officials and Governor Jones made a careful and earnest argument in support of the substitute.
 The previous question was ordered. but the Convention adjourned before the vote was taken.
The Montgomery advertiser., 1901-07-18
VOTES ON THE QUESTION
 T OF PASSES FOR OFFICIALS
Some LigI ming Changes Disclosed by Study of Three Es)l Calls in the Constitutional COnyen- ton Ycsterday-The Murphree, White
 and Jones Amendments.

of 72 to 51. The majority was practi- caily reversed in the short period of the two and half hours recess.
 Later in the afternoon session. ex- Governor Jones of Montgomery, offered the following amendment:
 No member of the Legislature shall ask, receive. accept. or use for himself or for the benefit of an- other any free pass or any ticket sold at discount other than as sold to the public generally. Any member of the Legislature violating the provisions of this section is guilty of misdemeanor. and, on conviction shall be fined $250 and forfeit his office."
 On a motion made by MT. Bulger tc table this amendment. the vote was as follows:
The Montgomery advertiser., 1901-07-18
CONFIDENCE
 PROFESSED Shaffer Says Everything is Lovely. THE MAGNATEs SILENT Federation of Labor Will Aid
 Strikers. Sheet Steel Company Fails to 1s- open the wellsvills Plant -opsn Meeting VIII Bs Held
 There Today.
THE MAGNATEs SILENT

Pittsburg. July 17.--"we have not heard from the other side at any time. in any way or on any subject sirce wo parted at the Lincoln Hotel last Satur- day."
 This positive statement, made by President Shaffer of the Amalgamated Association this afternoon. disposes oe the rumor from New York today that the strike has been settled.
 The principal events in the days strike history was the failure of tho Sheet Steel Company to reopen the Wellsville plant with non-union neas the offer of financial assistance made to the Amalgamated Association hy the 2.000.0o0 members of the American Federation of Labor. and by the Ameri- can Window Glass Workers Associa~ tion: the concerted action of the assoc citation to organize the immense sheet steel plant at Vandergrift, and the fact that several of the closed plants are be- ing patrolied by armed watchnen ana guards.
 The Amalgamated officials profess great satisfaction over the results ac~ complished since the strike began.
 The officials of the companies. as heretofore, will say nothing. The only man on the companies side who has said anything up to date is F. F. Smith. district manager of the Sheet Steel Company. The light he has on at Wellsville Is being followed closely by the workmen, and tomorrow an open public meeting will be held at Welis- vile, when President Shaffer in per- son will present the strikers side of the case and eiAdeavor to overcome fne effects of alleged instantaneous con- cerninsf 4he late conferences ' Fl f
 Manager F. F. Smith mas been in- sited to attend the meeting and make statement for the Sheet Company The entire community of Wellsville is worked up over the strike situatfous and friends and enemies alike are ex- pected at the meeting
 While Wellsville is the strike center now, the battle ground will be shifted to McKeesport next week if the report be true that the w. Dewees Wood Plant of the American Sheet Steel Company will resume operations. This would afford one of the most trying situations of the strike. It would nec- essitate the importation of non-union men from other places. and the bitter feeling engendered by such a move would be hard to control.
 The report from Wellsville. Ohio. to- night says: "rhe attempt to start the wellsviIle plant of the American Sheet Steel Company this morning resulted in a partial success. As result one mill was in operation today with an incona- piete force. Boys are doing mems work and receiving mems pay. Helpers are taking the place of skilled work CTS. Although steam is issuing from every stack and the management says three mills are working. mill men say there are not enough men inside these plants to operate one mill properly.
The Montgomery advertiser., 1901-07-18
LOSS OF LIFE IN FLORIDA.
Several Persons Struck by Bolts oi
 Lightning.

TaIIahassee, Fla, July 1I.-AdVIces uaoeivad here state that in the country near this city during heavy electric .tn,.,,, Isst night. heavy loss of lire and and property resulted. Lightning struck th. honse of Capt. A. C. Spiller and did considerable damage. John Hen dereon coIored. was badly injured. but v'iIi nrobably recover. A house oecu- r'ind hv colored family near this piace was completely wrecked. One Of inc children was instantly killed, and one of the male inmates was so badly shocked that he died during the night. On the plantation of General Patrick Houston. two colored women Tn the house of one of the tenants were m stantly killed.
The Montgomery advertiser., 1901-07-18

The third order amends Section 30l so that unsold copies of second class publi- cations may be returned at the pound rate to news agents or its publishers.
 An explanatory statement given out at the Department regarding the order says:
 Loose and indifferent interpretation heretofore is responsible for the loss of many millions to the Government. It Is believed that when the effect of these changes is thoroughly established many postal improvements will follow, and l. cent letter postage will soon be made pos sible."
The Montgomery advertiser., 1901-07-18
Newcastle Puts in a Claim

London. July 17-The Court of Claims in connection with the ceremony of the coronation of King Edward, which is ex- pected to take place in June. 1902. met the Privy Council this morning The registrar of the court having called for silence under pain of lmpri onment.' ' read number of petitions for claimants to perform the quaint services of the coronation Among the petitioners the Duke of Newcastle claims as "Ealder of the Manor of owrksop." the right tO provide the glove and support the Kings arm.
The Montgomery advertiser., 1901-07-18
DISORDERS IN PEKIN.
Chinese Seem Unable to Preserve
 Peace.

Pekin. July 17.-Dieorders and law Iessnesa have increased in Pekin since tke policing of the city was restored to the Chinese authorities. There are nightly burglaries by large bands of depredators in which Chinamen in the eYnnloy If Europeans are frequently beaten and robbed.
 The German military authorities here have arranged for the withdrawal of all German troops in Pekin except the present establishment early in August.
The Montgomery advertiser., 1901-07-18
WEATHER BUREAU STATEMENT
Rainfall Statistics of the Drought
 stricken District.

| Washington, July 17.--At the request | of the Associated Press. Professor Will | lis Moore, Chief of the Weather Bureau | today prepared a statement of the rain- fall throughout the drought-stricken regin covering the time since the data was collected for the weekly report, promulgated yesterday by the Bureau That report closed at o'clock Monday morning. and the statement now made covers the forty-eight hours from o'clock Monday morning to o'clock this morning. The statement is as fol- lows:
 During the forty-eight hours. end ing a. m. this morning, the 17th inst, scattered local showers, mostly very light, in limited areas. have fallen In Southeastern Texas, Western Arkan- sas. Southeastern Kansas. Southeast ern Nebraska, over the greater portion of the Dakotas and Mtnnesota, m Northwestern Iowa. Central and North eastern Missouri, Central and Soutn- ern Illinois, Central Indiana, Southern Michigan and Central and Southeast ern Ohio. The only stations reporting amounts exceeding two-tenths or an inch in the forty-eight hours ending at
 8 a. m., the 17th, are: Beeville, Tex, O.g4: Brenham, Tex, 0.46; Beaumont, Tex. o.s4; Russellville, Ark, o.24; Texarkana, Ark. 1.26; Ann Arpor' Mich, 0.42; liTnt. Mich., 0.2o; Peoria, Ills. (. .5s. Rantoul, H.. 0.20; Streator, I'll. 0.44; Cambridge City and Farm | land. Ind, OBS; Jefferson City, Mo', | .4o: Hillsboro, Iii., o.s6; Mount Yer non Ill. 0.22; Toronto, Kan, 4,tsi Owensboro, Ky. 0.24; Grand Meadow, Mintl. O.S4; New Ulm. Minns o.Sz' Mitchell, S. D., 1.0S; storm Lake. Iowa
 0.20; Saltwater. Okla, O.2o; Muskosee'
 l. T.. o.24. s
 "The temperatures continue exces- sively high over the Lower Missouri
 Mississippi and Lower ohio Va,eys and from Texas northward over Okla- homa. Kansas and Nebraska. The me dium thermom ,teric readings or the 18th were, however, somewhat lower than those of the 18th in Texas. Okia- homa. Kansas, Southern Nebraska anu Central Missouri. while they were higher in the Central Mississippl ana Lower Ohio Valleys.
 Tn addition to the precipitation at Russellsville and Texarkana there were slight rains at Malvern. Pine Bluff and | Helena, but at each of the two last named places there was only trace or rain and at Mlvern only tenth of an inch. The most extended area of rain fall which was in Kansas. extending southwestward from Topeka to Wich- tta"