davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
SAMAR SMITH
Is ADM0NISHED
Continued from First Page)

Continued from First Pasel
ing disgrace upon the military service of
the United States. Fortunately they were
not taken literally and were not followed.
No women or children or helpless per-
son or non-combatant or prisoners were
put to death in pursuance of them.
An examination of the record and pro-
ceedngs upon the trial of Major Waller,
which Immediately preceded that of Cen
eral Smith, shows that the instructions
in question bore no relation to the acts
for which Major Waller was tried and
were not alleged by him as justification
for those acts. Major Waller was tried
for causing cert@n natives who had act
ed as bearers or guides of one of his ex-
petitions to be put to death for treachery
without proper trial, and he defended his
action not upon the ground of any orders
received from General Smith, but upon
the ground as a commanding officer he
was justified.
General Smiths written and printed or
ders and the actual conduct of military
operations in Samar were justified by
the history and conditions of warfare
with me cruel and treacherous saya ees
who inhabited the island and their entire
disregard of the laws of war were wholly
within the limitations of general order
100 of 1868, and were sustained by prece-
dents of the highest authority. Thus in
1779 Washington ordered General Sulli-
van in the campaign against the Six Ma
tions to seek the total destruction and
devastation of their settlement He
wrote But you will not by any means
listen to overtures of peace before the
total ruin of their settlement is effected
Unable to lnjure Us.
Our future security will be in their in
ability to injure us, the distance to which
they are driven, and in the terror with
which severity Of the chastisement they
receive Will inspire them. The Fort Phil
Kearney massacre In 1866 for base treach-
cry. revolving cruelty and the conditions
of serious danger which followed 1t did
not approach the massacre of Ballinga,
In Samar. in September, 1901 There the
| natives had been treated with kindness
and confidence, liberty and self-govern-
| ment had been given to them. Captain
Cornell the American commander was
| of the same faith and had been Worship
ping In the same church with them.
| With all the assurance Of friendship our
| men were seated at their meal unarmed
among peaceful and friendly community.
when they were set upon from behind and
| butchered and their bodies when found
| by their comrades the next day had been
| mutilated and treated with indescribable
indignities.
1t is due, however, to the good sense
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17

a preliminary, he wishes Cardinal Ram
polla to send to the Philippine govern
ment four lists of the property considered
to belong to the religious orders. compris-
ing:
II. That transferred to corporations.
-. The ecclesiastical buildings occupied
by the troops. with indications of the
damage and compensation therefor.
''3. The property before considered
Spanish crown lands which 1t is desired
the American government should transfer
only on condition that a satisfactory
agreement be reached on all other ques-
tons
"a The charitable and educational in
stitution which the Vatican desires to be
considered as belonging to the church."
Secretary Root concludes by instruct
ing Judge Taft to express to Cardinal
Rampolla his pleasure that the visit of
the American representative has result
ed In a broad basis for harmonious set
Element, his thanks for the courtesy
shown by the Vatican to Judge Taft
and for the promptness with which the
Vatican has acted. and his hopAs that,
though no specific agreement has been
reached, the Vatican will ultimately find
1t just to do what has been suggested.
Judge Taft concludes his note to the
Vatican thus:
I'm obedience to Secretary Roots dis
patch I request that the future negotia-
tions on the points raised be held In Ma
Mia between an apolostic delegate and
the governor, after the information sug-
gested above by Secretary Root has been
ascertained and presented"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
CLAIMS SHOULD BE ADMITTED.
Spanish Treaty Claims Commission
Makes Important Decision.

Washington. July 1e.-The Spanish
treaty claims commission. before adj
journing today, rendered an important
lean citizens for the destruction of prop
erty by the Cuban insurgents.
To all this class of claims the govern
ment has set up demurrers which the de-
cision of the commission overruled, the
decision laying down the genral principle
that where proper averment is made al
leging the American citizenship and neu-
tIality of the claimant and the ability
and duty of the Spanish authorities to
protect property. the claims should be
admitted for proof
The commission also decided that no
legal state of war existed in Cuba dur
ing the Instruction prior to the Spanish
war; Claims aggregating about $16,0Oo,-
900 are involved in this decision.
The demurrers set up by the department
of justice for the government were as
follows:
l. That neither said petition nor amend
ed petition contained facts sufficient to
constitute a cause of action.
q. Indl llloIS Al uO iidOiiAly Oh lAC pal
of the defendant for the acts of the Gu
ban insurgents in revolt against the gov
ernmdnt of Spain.
3. That the acts complained of belong
to the category of those incident of war
fare for which the petitioner has no
remedy under the law of nations nor the
treaties between the United States and
Spain.
Sixteen test cases out of over 400 were
submitted. In the following cases all the
demurrers were over-ruled
Andres L. Terry Dorticos. Andres L.
Terry Dorticos and Francis e. Webb ex-
ecutors, Francis q. Webb, executor OF
the estate Of Antonio e. Terry, the Ma
pos Sugar Company, Alice E. Shoenber-
ger, executrix; Maria w. P. Randle, ex-
ecutrix, and william r. Morgan.
In the following cases the first demur-
rer was Sustained, but the claimants
were given leave to amend their petit
lions within ninety days:
Teresa Joerg, Luis F, Morejon Marquee,
Gerardo Bernau, Jose e. Russell Genera,
Francisco Donatio, Charles Barnett,
Maria T. Dominguez Fumero, Rogelio
Dominguez Fumero, by his next friend
Msria Dominguez; Rosario Sugar Com
peny If New York. Juan B. Carrillo de
Alhornoz, and Agles de Bequer.
The commission has not passed on the
question of claims arising out of the al
legged destruction of property by the
Spsniards nor those arising for personal
damages or those growing out of tbs
rtconcentrado orders of the Spanish au-
thcrities.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
CHICAGO STRIKE IS
THING OF THEPAST
After Ten Days strife the Troub,
Ends In an Unqualified Victory
for the Railroads.

Chicago, July 1e-After ten days of
strife the Chicago Freight Handlers
strike terminated today In an unqualified
victory for the railroads.
Renewed activity on the part of chica-
go business men followed the settlement
of the strike, and at the close Of busi-
ness hours here tonight thousands of
tons of freight had been sent to and
from the various freight depots. Every
one of the $4,000 strikers who could OBJ
tain employment had returned to work
by 2 o'clock in the afternoon. The
strike, 1t is estimated, cost the business
men Of Chicago s10,00O,0O0, and in order
to guard against such a contingency in
the future, they are preparing to inaugu-
rate educational campaign In oppo-
sition to the sympathetic strike.
The labor unions will be asked to fore
go the use of this potent weapon. The
business interests which suffered through
the strike will join in pledging them
selves, 1t Is said, not to sign union agree
ments which do not guarantee them
against these strikes.
On the other hand, the labor unions
are fighting to secure the right to abro-
gate agreements for the purpose of order
ing sympathetic strikes.
The freight handlers blame the nation
al officers of the teamsters for the loss
Of the strike. They declare the strike
shows the necessity for Incorporating In
all agreements a reservation which will
permit strikes.
Credit for the settlement rests with
the state board of arbitration. 1t was
the adoption of the suggestions by that
board which led TO the action of the
Freight Handlers Union in declaring the
struggle with the railroads at an end.
At the same time 1t is probable that
even had the state board not made its
suggestions the fight would have been
practically over tomorrow as the major
ity of the freight handlers had returned
to their work before the mass meeting,
at which the strike was called off Of
ficially had convened. 1t was a knowl
edge of this fact that had much to do
with the action taken by the union. How
ever the proposition made by the state
board of arbitration enabled the freight
handlers to retire gracefully from the
field and prevented any hard feelings re-
sulting from the struggle.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
RELIGIOUS HEADS TO BLAME.
Rome Correspondent Says Religious
Orders Defeated Negotiations.

London, July 17.-1ne Rome correspond
ent of the Morning Post declares that
the failure of Judge Taft's negotiations
with the vatican is attributed there to
he influence of the heads of the religious
orders, especially to the Jesuit cardinal,
Steinhuber, and that the vatican is con-
sdered to have sacrificed a splendid OPP
portunity
The Daily Chronicles Rome correspond
ent, referring to the closing of the nego-
tiations. says great indignation is felt
among the Americans in Rome, who are
astounded at the utter want of apprecia-
ton the vatican has shown for American
courtesy.
The correspondent reports an interview
with an American prelate in which the
latter Is quoted as saying
1.-The vatican has befooled us and has
missed the greatest chance offered to her
for prestige for a century. The treat
ment melted out to our representatives
and the exposure of the unbusiness- like
methods of Rome is an incident in our
history which Americans will never for
pet.p
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
TRACY CAPTURES sheriff.
officer Has Disappeared and the Con
vlct Must Have Got Him.

Seattle. Wash. July 1.-THE only inter
est today in the Tracy hunt lies in the
mysterious disappearance OF Sheriff Cud-
ihee who severed connection with his
office and the outside world in general
yesterday afternoon when he vanished
from the vicinity of Covington.
The only developments today were the
finding near Ravensdale of some bloody
baffdages near the ashes Of a freshly
built camp fire supposedly used by
Tracy. Railroad men report having seen
a mysterious armed man hiding behind
trees,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
LANG CHEN TUNG
HAPPY TO RETURN
New Chinese Minister Wants TO
Come to United States
CHINA THINKS WELL OF us.
The Oriental Diplomat Has Great Ad-
miratlon for Newspaper Men In
United states-Glves Out
Lengthy Interview.

Paris, July 1s.-Liang Chen Tung, the
new Chinese minister at washington,
who is now in Paris, with Prince Chens
mission to King Edwards coronation,
of which he was secretary. is delighted
with his appointment He said IN an
interview with the correspondent of the
Associated Press:
'I return to Washington with the
greatest of pleasure had so many
friends there and college mates who are
now prominent and had a friendship of
several years standing with Secretary
Hay, whom 1 warmly liked"
AS to the United States relations with
China, Liam Chen Tung said:
You can assert emphatically that not
only the Chinese government. but the peo-
pie of China, are most grateful for the
United States fair dealing and for the
friendly disposition shown throughout the
recent difficulties and her late action in
Tien-Tsin question has still further in
creased China's gratitude The United
States win certainly receive as good
treatment as any power In the CONNER
cial and Industrial development Of the
Chinese empire.
ing towards the United States you can
say that when 1 return to Pekin with the
recent Chinese mission to Germany the
Emperor and Dowager Empress ex-
pressed to me their gratitude for the
good behavior OF the American troops at
Pekin and their appreciation of Ameri-
cas- attitude generally.
This mission returns to Pekin by way
Of the United States. shall accompany
the mission returning to Washington at
the end Of the year. I am going first to
my home in Canton In order to take my
two boys to the United States with me,
as 1 desire them to receive an American
education, which has been ouch great
benefit to myself"
Prince Chen, head of the coronation
mission, entered the room curing the
foregoing conversation and said in Chi
nese, which Liam Chen Tung interpreted:
II wish to say that 1 have great adj
miration for newspaper men and for the
United States"
A high member of the mission refer
ring 70 the adverse criticisms of the re-
cent appointments of Chinese diplomats,
informed the correspondent of the Asso-
ciat ed Press that this was not applica-
BILE to Liam Chen Tung, who was special
ly chosen on account of his American
education and experience. He had held
the important post of secretary to three
of the last foreign missions and had Just
received a high decoration, the Blue
Button. He already held the brevet red
button which is a higher distinction at
court, but the blue button carries with
it his privileges when the bearer leaves
Pekin. The holder of blue button,
when visiting the provinces is accorded
the honors and distinction of a viceroy or
governor.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
VATICAN is BUzzING. :
Expected That Washington Would
Make Counter Proposition.

Rome July 16.-The Vatican is buzzing
with comments on the last American
note, the contents of which were some
what unexpected. as It was thought
Washington would make counter propo-
sitions. A majority. here represents the
result as a success for Papal diplomacy,
while others express the opinion that the
friars will not get in Manila better terms
than those offered here and that the af-
fair may end in their being obliged to
leave the archipelago With less money
as 1t would be impossible to bring before
the counts the $4,000 tenants who occupy
their lands, paying no rent therefore.
This and the partial failure of the visit
to Rome of Judge Taft would be the last
straw for the relief of the orders as 1t
would Justify the governments of France
Spain, etc, which took measures against
them without having recourse to the
Vatican.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
TUBE BILLS PASS HOUSE.
Morgan and Yerkes VIII Get Right to
Construct Underground Roads.

London, July 16.--All the Morgan and
Yerkes bills providing for the construc-
Won of underground tube railroads in
London were handed down by a select
/, committee of the House of Lords tonight
! and passed their second reading in the
, House of Commons by large majorities
The debate in the committees was lis
/ tened to by a crowded house. The gale
ries were also filled in expectation Of a
heated discussion. but in this the listeners
were disappointed, the opposition to the
schemes being rather listless.
The public, as shown in the House OF
Z Commons and by newspaper comments
. Is less interested in the rivalry of tn,
two American promoters than in the feai
of the Americanization of London's trac
ton.
The newspapers this morning contend
y that the London county council ought Il
have the controlling voice In the matter
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17

and self-restraint OF General Smiths
subordinates, and their regard for the
laws of war, rather than to his own self
control and Judgment that his intemper-
ate and unjustifiable verbal instructions
were not followed, and he is relieved from
the indelible stain which would have re-
suited from a literal compliance with
them. 1t is the duty Of q general officer.
whose age and experiences have brought
him to high command. to incite his subor-
dinates to acts Of lawless violence, but to
so exclaim to them the application of the
laws of war and the limitations upon
their conduct so as to prevnt transgres-
sions upon their part and supplement
their comparative inexperience by his
wise control In this General Smith has
signally failed and for this he has been
Justly convicted. Although the sentence
imposed is exceedingly light. 1t carries
with it condemnation which for an Of
| fcer of his rank and age is severe pun
ishment. For this reason and for the fur
Their reason that General Smith has
served his country long and faithfully,
has exhibited his courage and good con-
duct in many battles, has been seriously
wounded in the civil war and In the war
with Spain, and is about concluding a
long and honorable career as a faithful
and LOYAL servant OF his country recon-
mend that the mild sentence be con-
frmed.
Should you approve the findings and
sentence of the court in accordance with
the recommendations l feel bound to say
further that in view of the findings and
sentence, and of the evident infrmities
which heve made 1t evident that the
facts found should exist, no further for
the interest of the service, that General
Smith should continue the command of
his rank His usefulness as an example
guide and controlling influence of the
iurior officers of the army is at an end,
and as he is already upwards OF 60 years
of age, l recommend that you exercise
the discretion invested in you by law
and now retire him from active service.
ELIHU ROOT,
Secretary of War,
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
KILLED OVER CHURCH AFFAIRS
Sherman Taylor Shot BY Mint May In
Fayette County.

GUN. July 1s.-(speciaD-
has just reached here of a tragedy which
occurred near Winfield, this county. this
morning. Sherman Taylor was shot and
instantly killed by Mint May. The cause
have arisen from some church affairs.
Taylor and May are both farmers and
reside in Fayette County. 1t is Mays
intention to give up to the sheriff.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Leander Defeats Fem.

Atlantic City, N. j.. July 1e.-In two
spirited ten-mile heats. George Leander
defeated w. s. Fem at the Coliseum
bicycle track tonight. William Connell
won the five-mile lap race from Hunter,
Lake, W. ]. King and John King in 1872
The mixed motor race again furnished a
sensational finish. The two tandems and
single ran side by side for the two miles.
which were ridden in S:09 2-5 Thompson
and Boake won. It was the first night OF
the L. A. w. meet, and some 1900 people
witnessed the races.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Defeat ConstabuIary.

Manila, July ia hundred La
drones, armed with rifles and bolos,
attacked and defeated eight of the con-
stabulary near San Mateo Manila
province, Tuesday. The losses of the
constabulary were one man wounded
and five men missing. The constab-
ulary have asked for reinforcements
of q hundred men.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
WI Receives Notice.

Washington. July administer WI has
received official confirmation Of his re-
cal to Pelsin to assume a connection with
the new Chinese foreign office. The date
of his departure has not as yet been de-
cided upon. it depending upon the arrival
of LANG Chen Tung. who is to succeed
from London.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Cholera In Forbidden City.

Pekin, July 16.-Several deaths from
cholera have occurred in the Forbid
den City. The Dowager Empress is
alarmed and has kept the court physi-
clan busy preparing remedies. The
disease is increasing, especially among
the Chinese soldiers here and at Pao
Ting Flu. Reports from various parts
of the empire show that the epidemic
is steadily spreading in the land.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
American Officer Arrested.

San Juan. P. R., July 16-Lieut Com.
James C. Gilmore and Ensign Andrew T.
Graham of the United States cruiser Gin
cinnati. which was at Laguayra July s.,
with three others, were arrested by Ven
ezuelan revolutionists while going from
LaGuayra' to Caracas. The officers pro-
tested against being held as prisoners
and, with their companions were re-
leased.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Three Women Arrested.

Kingston, Ind, July 16.-Minnie Her.
on. May Robinson and Miss Murphy
ire in Jail at Alexandria, Ind, as the
'esult of an investigation concerning
the death of Scott McGregory, found
dead yesterday in a hotel in Alexan-
dria. McGregory is said to have been
drinking and spending most of his time
with these women. On the day before
his death he was displaying a large
roll of bjiis, and none was found on
his dead body.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Want General Wood.

Philadelphia, July 1.-THE Order Of
st. Augustine, in Session here today,
considered the question of the friars
leaving the Philippines. Resolutions
We're adopted calling for the appoint
ment of a committee to call upon
President Roosevelt to lay before him
a plan, which is still secret. 1t is
understood the Augustins favor the
sending of Gen. Leonard Wood to the
Philippines to handle the delicate sub
ipcf
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
CHRISTIAN WORKERS
Assembly and Bible Conferences, Mont
reat, N. c., July 2o-August 8, and
August 1924, 1902.

For the occasion of Christian Worker s
Assembly, Montreal, N. c., July 20. Au-
gust g. and August 1924. 1902, Southern
Railway will sell tickets from July 18th
to 22nd inclusive, final limit August 9Th,
1902 at rate of one fare for the round
trip from points within the state of
North Carolina to Black Mountain, N c.
and return. From other points tickets
will be sold at rate of one and one-thlrd
fare for the round trip.
For Bible Conference tickets will be
sold August 7th. to 18th. inclusive final
limit August 9th, 1902 to Black Noun
tain. ". C.. and return at one fare for
the round trip from points within the
State of North Carolina and at rate of
one and one-third fare for the round
trip from other points on the Southern
Railway.
For further information call on any
ticket agent Southern Railway.
7-11-to-S-12.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Great Damage to Crops.

Sank Centre, Mimi, July 16.-About
$4,000 damage has been done to the
crops within four miles of Sank Centre
by a hail, rain and wind storm Corn is
almost a total loss and wheat and other
crops will average little more than one
third
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
Miners Return to Work.

Johnstown, Pa, July 16.-Two hun
dred and sixty-five miners returned to
work in the Rolling Mill mine today. A
further search of the Klondike section
resulted in the finding Of no bodies.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
chaffee Comes by suez.

Manila, July 16.-General Chaffee
who was recently relieved from his
duties, will start for home by way Of
Suez, probably on the transport Nc
Clellan, which is due at New York
carly IN December.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-17
GAS NO WILL BE DEF EN Ed.
II Is Believed Venexuela's President
Will Be Overwhelmed.

San Juan, P. R., July 16.-1t is believed
here and the opinion is said to be found
ed on good authority that President Cas-
tro of Venezuela will be overwhelmed
within two weeks.
President Castro took the field aginst
i revolutionists July s.
Twenty -four persons were killed by a
le1l " hich fell in Caracas recently.