davidaulloa/AmericanStories huggingface dataset:
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
RULING IN THE D0OLEY CASE
GOODS TAKEN FROM NEW YORK To
PORTO RICO WE'RE DUTIABLE.
Dissenting Opinions on Both Cases,
the Court Standing Five 10 -Four
on Each Ruling.

WASHINGTON, Dec. 2.-Opinions were
rendered in the United States Supreme
Court to-day in the last two Of the Insular
test cases. One Of them was that known
as the fourteen diamond ring case. in
voving the relationship of the United
States to the Philippine Islands from a
tariff point Of view, and the other, what
is known as the Dooley case No. .. in
volving the constitutionality OF the collec-
ton of duty on goods shipped from New
York TO Porto Rico.
In the former case. the court. through
Chief Justice Fuller held that the diamond
rings brought in from the Philippines and
over which the case arose should have
been exempt from duty under the Paris
treaty of peace. as that treaty made the
Philippines American territory. The de-
cision in the Philippine case followed close
ly that of the first Porto Rican case OF
last term.
In the Dooley case. decided to-day. it
was held that duty collected on goods car
ried from New York to Porto Rico
permissible, but that it was i'm reality a
tax for the benefit of the Porto Ricans
themselves rather than an export duty, as
was claimed by the merchants who
tagonized the government in the case.
In both cases there were dissenting opin-
ions concurred in by four of the nine jus
tices of the court The decisions were rem
dered in the room of the Senate commit
tee on judiciary Where the court rs sit-l
ting temporarily. and owing to the limited
space, there were comparatively few per-
sons, and those lawyers, present. The
delivery OF the opinions in chief with the
reading of the dissenting opinions consumed
a little more than an hour of the time and
were listened TO with the closest atten-
ton.
1t is generally believed that the finding
in the Philippine case will lead to early
efforts to secure legislation for the regu-
lation of our commercial relations with
those islands. AS the Porto Rican opinion
sustains the constitutionality of the Fora
ker act no such necessity will arise with
reference to Porto Rico.
Secretary Root to-day declined TO express
an opinion as TO the effect of the insular
decisions until he has had opportunity
TO read them in full. Figures obtained at
the War Department and treasury Bureau
of Statistics relative TO the trade affected
show that from the beginning of United
States occupancy of the Philippines Aug.
p, 1898. up TO June 80 last the total imports
into the Philippines from the United States
were valued at Sl,607. 1885, while during the
same period the imports from Spain were
valued at 81, ,993, 500 on the other hand the
imports into the United States from the
Philippines from Sept l. 1898, to Dec. l.
1901, aggregated SIS. .i4S,6O0. But Of this large
total only S1,S94.523 consisted of dutiabie
goods, so that the refund on these wcur
not be large.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
FOURTEEN DIAMOND RING CASE.
Chief Justices Opinion-Gray, shires,
white and McKenna Dissent.


WASHINGTON, Dec. 2-The decision IN
the case OF Emil ]. Pepke VS.. the United
States-the Fourteen Diamond Rings
case-involves the constitutionality OF the
imposition of customs duties on merchan-
disc brought into the United States from
the Philippine islands. after the exchange
OF the peace treaty with Spain. The opln-
ion was handed down by Chief Justice
Fuller The opinion was adverse 10 the
claims of the government. on the ground
that the Philippine islands were. at the
time the rings were brought in. American
territory. The decisions in the De Lima,
Porto Rican cases we're cited at length.
and IL was held that the resolution adopted
by Congress concerning the Philippines
were not sufficient 10 change the situation.
The chief justice concluded his opinion
by reversing the decision OF the court be-
low Justice Brown read opinion con-
curing in the result. but differing from the
conclusions drawn or minor points. Jus
tices Gray, Shiras White and Mckenna
dissented.
Much interest has been manifested In the
Philippine case because OF the probability
Of legislation relating to the Philippines
at the approaching session OF Congress.
The record shows that Pepke, who was the
respondent in the court below. "A SOL
dier I'm the army OF the United States in
the island of Luzon. that while there and
he purchased the fourteen diamond rings.
which are involved in the case. He after
ward brought these rings. while still I'm the
service of the United States. aboard the
United States vessel transporting his rcgi-
ment 10 San Francisco where ne was mus
tered out Later he came with the rings
10 Chicago, where the rings were seized by
the custom officers under the claim that
the Philippine islands were foreign terri
tory. and merchandise brought from those
islands 10 the United States was subject 10
customs duties. which were not paid by
Pepke. Pepke set up the claim that the
imposition OF duties upon merchandise un-
der the circumstances was contrary 10 the
Constitution OF the United States and in
violation OF his rights a citizen.
The case came 10 the Supreme Court
from the District Court OF the I-bitei
States for the Northern division OF Iin
nois In that court the facts set nm 4,
Pepke's plea were admitted bv dcnurrer
filed by the United States, and thar CONT
sustained the demurrer, overrulfnc fbe
plea and entering judgment against ire
merchandise thus seized and directing thar
II be sold I'm accordance With the LAW ana
from this decision the present wit 80
error was prosecuted.
In hisApiaiOn Chief Justice Fuller said
that IN Philippine islands ceased to he
foreign erritory as soon as the Parts
treaty peace was signed and the resOiu-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
MRS. BONINE'S DEFENSE
FIFTEEN WITNESSES ON THE STAND
YESTERDAY IN HER BEHALF.
Evidence Introduced to Show the De-
fendant and Her Alleged Vic
tim Were on Good Terms.

WASHINGTON, Dec. 2.-The defense In
the case of Mrs. lola Ida Bonine, charged
with the murder of James Seymour Ayres
to-day began the introduction of testimony
and placed fifteen witnesses on the stand
before the court adjourned for the day.
The line of examination showed that the
purpose was to establish that Mrs. Bonine
evinced no particular partiality towards
Ayres and that her conduct and bearing
toward him differed in no respect from
that displayed toward the other guests
of the hotel.
The first witness called was William
c. Hay. who. with his family lived at
the Kenmore at the time of the tragedy.
He testified that the dances at the Kenmore
were usually arranged by Mrs Bonine. and
that at these dances her bearing toward
Ayres was nothing out Of the ordinary
II had been her habit, he said, when the
dancers were not prompt in their atten-
dance 10 go to their rooms and urge them
to come down. He stated on cross examin-
alton that he understood il had been Mrs
Bonines intention TO leave the hotel but
after the tragedy he had advised her IL
would be improper 10 do so until after the
affair was cleared up.
Richard l.. jerks testified that he heard
Mrs; Bonine giving Ayres advice against
drinking TO excess.
George B. Gardner. assistant attorney
In the Interior Department 10 whom Mrs
Bonine first told her story and who was
one OF the government witnesses testified
that on the night of the tragedy he had
seen Mrs Bonine and Ayres dancing to-
gether and had observed nothing unusual
in their conduct.
David c. Mooney, a clerk in the sixth
auditors office. said ne had observed Mrs
BOnines dance with Ayres. but saw nothing
In her attitude toward him differing from
that toward others. Similar Testimony
was given by others.
One OF the jurors was taken suddenly
III during the day. but with the aid of a
physician managed 10 continue throughout
the day. The trial will be resumed to-
morrow.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
Both May he Alive.

WASHINGTON. Dec. 2.-Secretary Hay
this afternoon received a cablegram from
Spencer Eddy, United States charge
d'affaires at Constantinople, saying that
he had received information on what he
regarded as good authority 20 the effect
that Miss Stone and Madame Tsilka are
still alive. The difficulty in securing their
release appears to be one of terms Ii has
been impossible to convince the brigands
that the S66 600 I'm the hands of Mr. Dickin-
son represents every cent of money that
has been subscribed toward ransOmng TIE
captive and they are holding out for a
minimum OF 100000 which Is only SlO00O
less than their original demand. IL is stated
that not a single dollar has been subscribed
TO the ransom fund since the outpouring
of the first two or three days following the
aDDeal for contributions.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03

ish frauds at elections Of congressman;
also making Feb. u, Lincoln's birthday
national holiday.
Mr.. Flynn, of Oklahoma, proposed grant
ing statehood tot Oklahoma.
Mr.. Brownlow, of Tennessee, offered bills
TO create department of commerce, labor
and manufacture; 10 amend the COnsutu-
ton SO as to define assaults on the Presi-
dent, Vice President. members Of the CAB
met and justices of the Supreme Court, and
giving Congress power TO fix penalties. and
TO appropriate $4,000 for monument TO
President William H. Harrison at North
Bend, O.
Among other bills were those by Mr..
Lowering, OF Massachusetts, providing Tor
a flexible currency responsive to the needs
of business; also a constitutional amend
ment giving Congress power TO nix uniform
Mr. Jones. of Washington. for a commits
sion to investigate trade with China and
Japan.
Mr.. McDerIhott of New Jersey. joint res
olution amending the Constitution so that
Congress will have power TO pass general
laws for the organization of corporations
Mr.. Kitchin, of North Carolina, constitu-
tional amendment, repeating the fifteenth
amendment: also constitutional amend
ment forbdding appropriations for sec
tartan purposes.
Mr.. Stephens of Texas, for tax on in
comes and inheritances.
Mr.. Hopkins. of Illinois, for a perma-
nent census bureau.
Mr.. Shafroth. of Colorado. constitutional
amendment for woman suffrage.
Mr.. Cushman, of Washington, for cleo
tion of United States senators by popular
vote.
Mr.. McCleary. of Minnesota CBn No. u,
to make oleOmargarine subject TO the laws
of the State TO which it is transported and
to change the tax on oleomarSarine.
Mr.. Rodney. of New Mexico, admitting
New Mexico TO statehood.
Mr.. Tawney. of Minnesota, increasing the
tax on oleOmargatine. etc.
Mr.. Littlefield,. of Maine. amending and
making more effective the act to protect
trade against mOnopOlies. etc, requiring
interstate corporations TO file reports with
the secretary of the treasury.
Mr.. Overstreet, of Indiana, to maintain
the parity of the money of the United
States.
Mr.. Moody, of Massachusetts. for the pro-
lection of c0lored citizens against lynching
in default of state protection.
Mr.. Newlands, of Nevada, for the recla-
ma ton of arid lands by the use of all mon
LC,O N-,cI NrI-I,IN nN- ~ -, l.1II
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
No Confirmatory Advices.

WASHINGTON, Dec. 2.-Up to the close
of business here to-day no word had
reached the State Department confrma-
tory of the reported agreement between
Denmark and the United States for the
sale of the Danish West Indies. The
negotiations looking to the acquisition of
the islands by this government are be-
lieved, however, to be in such a state that
an agreement between the interested par
ties, If not already reached, is almost ap-
preaching completion.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
CAPTAIN TILLEY ACQUITTED.
No Evidence Presented to support the
missionaries Charges

AUCKLAND, Dec 2.-The United States
naval court Tutuila, Samoa, has hon
orably acquitted Capt. Benjamin f. Tilley,
the naval Governor of Tutuila, of all the
charges against him. No evidence to sus-
tain these charges was presented to the
court
Commander Uriel Sobree has succeeded
Captain Tilley as naval Governor of Tu-
tuila
The charges against Captain Tilley arose
from certain allegations made by mission
aries in Samoa against the captains moral
character.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
MR.. CLEVELAND IMPROVING.
Probably VIII he Able to Go out Driv-
ing i'm "A Few Days.

PRINCETON. n. j., Dec 2-Ex-Presi-
dent Cleveland is still gaining strength,
and it is but question of a few days be-
fore he will be able TO take his daily drive.
Mrs Cleveland said tonight: Mr.. Cleve-
land is rapidly recovering his strength He
is now able 10 sit up, and is resting very
comfortably. The cough, which formerly
gave him considerable distress, has entire
ly left him"
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03

patience, kindness and splendid support
which was accorded 10 me in the last Con-
gress.
THE maker of laws should not be a
breaker Of laws. We proceed under law
and rules. and the duties devOlving upon
each and all Of the membership of this
House VIII be far better conserved II this
principle is kept in mind and acted upon.
Again sincerely thanking you each and all
1 am ready 10 take the prescribed oatn or
Office. lApplause.l
After the members had taken the oath
Mr.. Cannon presented the following resolu-.
ton for the election Of officers of the
House:
Resolved. That Alexander Mcdowell, of
Pennsylvania, be and is hereby chosen
clerk Of the House of Representatives; that
Henry Cason, of Wisconsin. be and is here
by chosen sergeant-at-arms; that William
j. Glenn, Of New York, be and is hereby
chosen doorkeeper; that Joseph G. McEl-
roy, of Ohio, be and is hereby chosen post
master, and that ii. II. Couden, or Mlcnl-
gan. be and is hereby chosen chaplain
Mr.. Hay. OF Virginia, on behalf of the
minority presented a subresolution contain
ing the names Of the candidates selected by
the Democratic caucus last Saturday. Tie
minority resolution was voted down and
Mr.. Cannon's resolution was adopted with
out division.
OLD RULES ADOPTED.
After the transaction of some routine
business Mr.. DalzeI offered the resolution
agreed to by the Republican caucus on
odIuTQdy Tor the duOpllOn OF the IuieS OI
the last House with certain specified
amendments as the rules of the present
house.
This drew the first fire from the other
side. Mr.. Richardson inquired whether
opportunity was TO be given to offer
amendments, and on receiving a negative
reply he protested against such action. he
said he desired 10 offer some amendments
which he thought would prevail if the
gentleman from Iowa (Hepburn) could de-
liver the forty votes which the newspapers
had said he had in the Republican caucus
last Saturday.
Mr.. Dalzell said the proceeding was sim
liar to that taken in the last Congress. He
pointed out that the rules were practically
identical with those of the Fifty-first, Fiji
ty-fourth and succeeding congresses and
practically Identical with those of the in
tervening Democratic congresses. He then
yielded five minutes TO Mr.. Richardson,
who occupied the time in denouncing the
rules.
While Mr.. Richardson was speaking Of
Mr.. Hepburns forty followers Mr.. Steele.
of Indiana, cOuntered by asking if the
Mcclellan resolution offered at the Demo-
CONTINUED ON PAGE 4 coll Al
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03
SUPREME COURT OPINIONS ON THE
LAST OF THE INsULAR CASES.
Government Defeated I'm Its Conten-
ton that Duty May he Collected
on Goods from the Philippines.
AN IMPORTANT POINT MADE
ISLANDS BECAME AMERICAN WHEN
SPANISH TREATY WAS SIGNED,

Therefore, 1t Is Unconstitutional to
Levy Customs Dues Articles
from United States Territory.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03

CONTINUED ON PAGE 4. COL.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-03

CONTINUED on PAGE ?. con. ~
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-01-18
The STATE
LEGISLATURE.
Speakers Announce Their
Committees.
SEVERAL BILLS OF IMPORTANCE
This Week-one For the
Apportionment of School Funds
Between White and Colored Chill
dren-Age of Consent Law.

NASHVILLE, Jan. III In the Sen.
ate bill was introduced by Mr..
Greer, of Shelby county, to increase
the pay of the Governor from $4 ,0OC
to So, 600 per annum.
The question as to the date OF
electing United States Senator
under the provisions set forth by
Congress, was raised, and by joint
resolution it was determined to
elect upon two separate dates in
order to cover any chance of the
election going by default. The first
election will be Tuesday.
Mr.. Peeler, Of Carroll county, in
the House introduced a bill which
extends the influence of the four
mile law in Tennessee to towns hav-
Ing population 5000 persons under
the Federal census of 1900. This Is a
bill which will draw fire from the
liquor interests of the state, and it is
certain there will be a Ied-hot fight
over the measure when it comes up
for fipal reading, if not disposed OF
entirely before that time.
In the House three bills were in
troduced to abolish the Court oil
Chancery Appeals.
MIR. Romine, of Giles County, in
troduced two very important bills
in the House. One for the creation
of Librarian Commissioner, which
provides for the election of the State
Librarian by the Supreme Court
This bill is to remove the election
from the Legislature, thus doing
away with one of the very trouble
some election contests every two
| years.
The second bill of Mr.. Romint
provides for the election of the
superintendent of Public Instruc
tion and the Commissioner o
Agriculture by popular vote.
A bill was introduced yesterday
in the House to prevent dogs from
running at large in Tennessee.
Mr.. Fahey, of Davidson, intro
duced a bin to regulate the sale o
cocaine.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-01-18

down. They antagoniz9 each other
at every poiot. God il opposed TO
the saloon. He SAYS mo drunkard
shall enter the kingdom Of heaven
and "woe be uuto him that pIteth
the bottle to his neigbbor's mouth y
God pronounces judgment upon the
saloon as well as upon the drunkard
For this reason, as we'll as many
others. the church is opposed to the
saloon. It would be strange were il
otherwise. The church could not
bless that upon which God has pro-
nounced his doom. Rig teousness
and sin; God and Devil; Heaven and
hell, represent a complete antitn
esis. One never suggests the
other, only as the rosy dawn
Of early morn suggests the storm
cloud; by contrast. The church
and saloon have nothing in com
mon-with one exception-when a
man joins both the tloon and church
and supports the saloon better.
Now for little Methodist and
Baptist history, beginning with the
Methodist. In 1912, at General
Conference, Rev. James Axly in
t:oduced a resolution that no station
or local preacher could retail malt
or spirituous liquors without forfe it.
| ing his credentials. The resolution
failed to pass. In 1915, at another
General Conference, the resolution
was presented again aud after al
amendment (the word malt being
left OUT was passed. But after il
became law, eight years later, the
| General Conference in session again
took Its stand upon a solid rocE
against the deadly evil, ana has evel
siuce stood like granite. The Bap
lists, also, have made some history
along this line. Many years ago q
Baptist over in Indiana got drank
aad was "churched" because of hl,
con 1uct. Another member sOUr
after wards joined the Sons of Tenn
perancr, anu was arraigued because
of it. "A good brother who was presen
at the Ir,al, got ur aud said: well
brethren, | want to know wnert
we're at. want Information. Oht
brother gets drunk aud you churct
him; another joins the Sons of Tenn
perauce aud sou try him Now
how many jiggers' DAY does mar
have TO take Go be a mem Der iD good
standing III this church,"
Drummers, as rule, you know
never play cards nor drink whiskey
but there are exceptions To all rules
Once, while travelling upon the cars
"a drummer, after trying some time
but in vain, to uncork his Gram bot
tie, arose and asked If there was 1
Baptist preacher on board. A gen
tleman got up aud said: Yes, sir
I'm Baptist preacher. Wha
can L do for your" WELL" re
piled the drummer, Il wanted 4
borrow your eOrk-screw." SJme o
those cork screw Baptists are lIvinl
yet. All churches nave cork screw
members, sad to relate, but thanh
God, no matter what mistakes w
made in the past, LoR We ar
all right on that point.
The meeting Of all the differen
church Conferences and Assemble
are vigorous in their opposition q
the saloon. It matters not wha
church you belong TO, IL opposes thi
saloon. Sometimes those who ar
most enthusiastic in their denounce
ment Of the saloons at the genera
gatherings, however, again DecOml
cork screw members at hume. fnel
ara not loyal, but cork screw mein
oers. IL a coIk screw meDb 81 hd
10 20 to the saloon. let him sneak n
At the back door. Tnat shows h.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-01-18

NASHVILLE, Jan. 15.-The Speakers
of the Senate and House announced
their various committees yesterdays. E
E. Erwin of Maury, was made Chair
man of the committee on Banks. He
was also placed on the committees on
Charitable Institutions, Corporations,
Municipal Affairs. Public Printing, and
Redistricting. Representative Lips
comb was placed on the committees on
Agriculture and Manufacturing, and
Claims, and Representative Nelson was
placed on the committees on Commerce,
and Agriculture and Manufacturing.
One of the most important bills intro
duced yesterday was one to repeal the
act providing for the redemption of
notes of the Bank of Tennessee, by
Senator Cox.
Another bill of impo' tance was intro
duced by Representative Collum, pro-
viding for an apportionment of the
school funds as between the white and
colored children in proportion to taxes
paid by the two races, excepting as to
the permanent fund.
MIR. Meredith introduced bill tc
amend the age. of consent law 80 as to
raise the age from 16 years and day 10
18 years.
Another bill of special interest was
born in the House. This provides for
the election of State Librarian by a
special commission. The term of office
is fixed at four years and the salary at
81 600.