davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1903-05-07
DIAMOND SMUGGLING.

The men and women who buy diamonds and
other precious stones in Europe and bring them
to this country without paying duty on them
will find their task a difficult one next fall when
they return home at the end Of the vacation
season The Collector of the Port of New-1ork
has declared that he will do his share toward
brea king up practice which seems to be firmly
rooted and f1uctuates in activity in keeping Win
the prosperity of the smuggers. 1t requires so
little space to conceal fortune in diamonds that
many officials who knew full we'll that the gov
ernment was being defrauded declared them
selves incompetent TO cope with the smugglers
Diamonds set in various ways and tucked away
in Innings hats or shoes were' carried past the
customs officers. Unset stones were brought
through by the more cautious in hundreds OF
ways. Hollow heels. porous plasters and tubu-
lar canes were among the smugglers' aids, ana,
DESPITE the efforts of the officials to check the
business it would still be in a fourishing condl-
ton if il were not for the work which is being
done in Europe to make it hazardous. When
diamonds are bought by Americans IN Paris
the fact soon becomes known to the customs au-
thorities here, and this system makes 1t posi-
Bile to fight the practice successfully.
The diamond smuggler deserves all the at
tention that can be bestowed upon him, and IL
is refreshing to know that Mr.. Suanahan is
making preparations for a campaign which
will go far toward making the business un-
profitable
New-York tribune., 1903-05-07
FRANCHISES AND THE DEBT LIMIT.

The special dispatch from Albany and the
letter from the Mayor of Rochester which we
publish in another column this morning show,
as The Tribune has held, that Controller Grout
does right TO include the value OF special fran
chises in the real estate assessments when cal
culating the city's debt limit. He is following
not merely what we have believed to be correct
principles. but the clearly settled law of the
case as defined by the highest court which has
yet considered that particular question. Justice
Nash of the Supreme Court in the Seventh
District has handed down one decision. which
has never been reversed. holding that the fran
chise assessments are real estate for purposes
of determining the debt limit Another case,
that of Kronsbein agt. the City of Rochester,
was carried to the Appellate Division in the
Fourth Department, and that tribunal unani-
mously decided (76 App. Div, 494) that "the
valuation of these franchises is TO be taken
into account in ascertaining the assessed value
"of the real estate of the city for the purpose
''of determining whether there has been any
infringement upon the constitutional interdice
'ton referred to-"
These decisions stand as the law of the State
They binding upon the Controller. academic
arguments about the true character of fran
chIses TO the contrary Notwithstanding I'm
otherwise. the decision of the Appellate Di-
vision settles the question. The recent opinion
of Judge Vann upholding the constitution
ality Of the franchise tax did not at ali deal
with this matter His expressions, ''the new
"kind of property was termed real estate just
"as it might have been termed personal prop
'erty' or neutral property without changing
Its nature" and 1.-The new property is real
estate in name but not in reality" which are
referred TO showing that these valuations
cannot be included In ''the real estate Of such
county or city subject TO taxation as it ap-
'+peared by the assessment rolls" which under
the constitution determines the debt limit, are
not pertinent TO the question. They were part
Of an argument TO show that owing to the char
acter of the problem the assessment of the fran
chises was not properly a function of local gov
ernment, and Judge Vann in that very opinion
gave the warning: Principles are not estab-
''iished by what was said but by what was de-
''cided. and what was said is not evidence OF
what was decided. unless IL relates directly to
''the question presented for decision The
question directly presented for decision TO the
Court of Appeals was the constitutionality OF
the tax law. Anything said In the opinion is a
mere obiter dictam, far the debt limit is
concerned. On the other hand, the decision Of
Justice Spring and bis associates OF the Appel
late Division in Kronsbein agt the City of
takes precedence 10 any general expressions
used arguendo by the Court of Appeals
In view Of this decision, it is not necessary
New-York tribune., 1903-05-07

=. oo,s;dar how far the legislative power vi
definition goes but independent of that oecislon'
MO tbin,, Mavor Rodenbeck is right Id Saying
that .ip the definition Of special franchises a'
..reoI estate the legislature has not exceeoeo us
authority" Many years ago Judge Seideh u0
clared that a franchise granted by the Ooiniiio"
Council of this city amounted to an lmlheuih'e
"grant of an interest and, it would SEEM OF a
"freehold in the soil of the street to the de-
"fendant The title to the rails when
"permanentlv attached to the land, and such
right in the land as may be requisite 10 thein
..perpetual maintenance are therefore granted
The franchise nseparably appertalns 10 'ne
land 1t is an easement or property right IN d
narticular street. and no other. 1t is as much
attached to the land as the rails; in fact, more
so for the rails can be taken up and put down
elsewhere but the franchise cannot be moved
Worcester defines real estate as that Whlch
consists of land and of all rights and pronts
..arisinp from and annexed to land OF per1na-
'nent. immovable nature; and Bouv1er classes
real property as corporeal or incorpofeai, lhe
latter consisting not of land or anything cor
poreaI attached to land but of 1nherltaple
rights pertaining to ii, such as uthes' au'o"
sons, franchises and rents. AT one uhle III
Connecticut corporate stock was real estate pu''
this being found inconvenient, the law was
charged by the legislature. 1t would SEEM
+, ,,, .-,. ti.:i the NewYork Legislature did no
violence TO law or common sense in dennlhS
these franchises, which are property rlghts
permanently and immovably and many of them
pernetuaIy pertaining to land. as real estate for
purposes of taxation.
AS we have already pointed out, the tax la"
has long so defined property rights of similar
nature-namely, the right to collect wharfage
It was q part Of the real estate on the assess
ment roll in 1894. when the present const1tu-
ton was adopted, providing for measurement
oF the debt limit by the real estate on that roll.
Mayor Rodenbeck is mistaken in saying that
special franchises were also on that roll wheh
the present constitution was adopted Inc
Franchise Tax law was not passed until four
years later. But it was certainly WITHIN 'he
province of the legislature then, In taxing prop
erty not previously assessed, to classify it as
real estate with similar property which the law
and constitution had treated real estate.
New-York tribune., 1903-05-07
NOTES FROM NEWPORT.

Newport r I. May s CSpeciaD--wIng shen Ham,
OF the Chinese Legation at Washington. is here for
a brief stay. He is his way to Honolulu
Mrs Alfred G. Vanderbilt went TO New-Tork to-
day
Mr.. and Mrs. William L. Carter. OF Philadelphia.
here inspecting their villa. Quartrefoil. in Mar
ragansett-ave They will arrive for the sumnev
early in June.
Miss Fanny Forster of Boston has opened her
cottage in Leroy-ave- for the season
Mr.. and Mrs. Arthur 3. Emmons have arrived
for the summer season
Miss Georgianna Gordon King has rented Mrs. E
]. Herrfck's villa in CIay-st-. known as Daisy
Bank. for the season
Miss Fanny Heck. Of Raleigh. N c.. arrived
this evening and is the guest OF Mrs. Chadwick az
the Naval War College
Mr.. and Mrs Louis P. Cabot. OF Boston, have
taken apartments at Hilltop
The arrivals from New-YOrk this evening WeTs
Mrs. John T. Beckley. Mrs A G Dulles. Mr. and
Mrs. A. L Audrain-
At the financial meeting OF the voters OF tbs.
town OF Portsmouth held this afternoon, action
was taken on the proposition OF Reginald c. Van
derbiIt 10 build one mile of macadam road from
the main road through Sandy PoinJ-ave.. 70 his
farm. voted to appropriate $500 for the
work on condition that Mr. Vanderbilt would
place TO the account Of the town a ike amount
Work the road will begin at once so that
ii may be completed his return from his trip
abroad in July: Mr.: and Mrs Vanderbilt will sax
from Boston for Europe next week
New-York tribune., 1903-05-07
THE DIPLOMATIC CORPS.

washington May 6 CSpecial)-Mrne' Hfiis, -,
Ter wife of the Austrian Ambassador wen. o. -, -
90 5a,, for tho first time since she spraineo ne'
ankle by slipping on the dining room moor - -
embassy, eleven days ago. She IS ao'e - ~
move about her apartment. and though to-uf's -
was carried downstairs to the carHase' @ da.s
80, t v,ar,ntttad the ambassador TO fix date
for their passage TO Europe. II Nine Heno
miller continues to improve the family VIII san '''
May % ,-.aor
Lady Herbert. wife Of the British g.
returned last night from weeks visit 10 -NeN-
York ...o-
The Chinese Minister was an Interested spe', -,
of the annual rnanoeuvres OF the washington re @
School Cadets this afternoon He espresso.
Ire and surprise at the skill displayed Dy oo'h V
and men, -, - .ba euest OF
The British Ambassador will be the sue''
honor at a dinner to be given on May %.
New-York tribune., 1903-05-07
FROM JAMAICA TO THE HILLS.

Although the new Metropolitan racecourse
at Jamaica is not easy of access, and the rail-
road service to and fro has been slow and
unsatisfactory, the attendance has been amaz-
ingly large on every day since the gates were
opened. Everybody likes the buildings, but no.
body likes the railroad trains. The owners OF
the property were so impatient to hold their
first meeting that dust and confusion have been
troublesome on the lawns and the 1nheid
Moreover, the stretches are too short.
Nevertheless the turf boom has taken on such
proportions that the friends of sport have been
lavish in their patronage of the new enterprise
In what throngs, then, will they flock to the great
spaces and the immense buildings when the
Westchester Racing Association begins its
spring meeting at Morris Park tomorrow.
Then the noted Metropolitan Handicap will be
decided. and then will begin the contests of the
giants among the thoroughbred runners
New-York tribune., 1903-05-07
noes IN THE PARKS.

Whatever is done concerning the muzzling,
leashing licensing, exiling or other disposition
of dogs in the city generally, there is one regu-
lation that should be made, or, if it still exists
as it used to do, should be enforced. That is
a rule forbddrg the running Of dogs at large
in the parks and the Outlawing of any found SO
doing There used TO be such a rule, and 1t
was pretty effectively applied. But for some
years it has appeared to be a dead letter, at
least so far as Prospect Park is concerned. TO
the material damage OF that pleasure ground.
1t is now q common practice for people TO lead
their dogs to that park and there release them
and let them run free. Many do not even
pretend to lead them, but let them follow,
IeashIess from their homes to the park. In
addition to these. it is not at all uncommon to
see vagrant and apparently ownerless dogs
roaming through the park. All this should be
done away with. If any one wants to lead his
dog in the park he should keep hold of the leash
at one end and keep the dog fast TO the other
end Letting the dog slip should be a misde-
meanor, involving arrest and fine AS for stray
dogs the park police and gardeners should
make short work with them. as with any other
noxious vermin
We suppose some people will say this is
harsh and cruel, and the dear dogs should be
allowed to rOmp in the park and enjoy them
selves. Yes. So would our horses greatly enjoy
being turned loose on the park meadows to
roll and Craze. So would cows enjoy being
pastured there; and chickens and turkeys would
have lots of fun with the grasshoppers; and
pigs would just reyel among the acorns and
roots. The simple fact is that q park is
pleasure ground for human beings, and not
pasture for cattle nor yet a kennel yard No
matter how dear a pet a dog may be. when
he goes yapping after squirrels or trampling
over and rolling upon flower beds in the park
he is simply nuisance and should be unrelent-
ingly suppressed
New-York tribune., 1903-05-07
ArsHSeneuts.

ACADEMY OF NCSfC-s:1s-The Suburban
AMERICAN THEATRT-S:lS- lS-Resurrection-
BELASC>o THEATRE -2-S-The Darling Of the Gods
BiJOt THEA ATRE-s-i5-NRncy Brown
BROADWAY TfiEATRE-S-The Prince Of Pilsen
CIRCLE THEATRE: S-is-Naudevilie.
CRITERION TEEATRE-s:30-A Message from Mars
DALFS TEEATRE-S:I5-My Lady Peggy Goes 10
Town.
EDEN NCSEE-a-S-The World in WAY -
FOURTEENTH STREET THEATRE-s-The Coha"s'
GARDEN THEATRES =3o-EveTyrnan-
CARRFCK THEATRE Skipper Co; Wall street
HARLEM OPERA HOTSE-s:l5-Rip Van Ninkl-.
HERALD SQUARE THEATRE-s:i :i0--f'retty feee!-
IRVING PLACE THEATRE-S:20-Die oeisfs
KEITH 'S-CoutfnuoCs Performances.
HNICKERBoCEER TITEATkE-S-MT. Blue 9eStIi Sra; ard
MADISON SQUARE THEATRE-2;S0-s-'f- foN' ~
worey.
MAJESTIC THEATRE-s-The Wizard OF %, ,..,.,,..
MANHATTAN THEATRE-S:2o--The t-ari ol f1N'">i
Nr~pRAy fITrT. TfIEATRE-2-S-otheiio
NEW esyOY-s.1s-The Vinegar Buyer
ASTOR'S-Cnntinuous Performance
.snThere and fsacA-
,TSr1--c1ss -fTTe Arp tcs-C'ornedy and Vaudeville
VICTORIA TTlFsTRE-S-I5-The Auctionee'-
Sultan or Suiu
r->SYe aTRE-s-The Crisis
New-York tribune., 1903-05-07

Andrew Jackson called "the immutaoie prlA
ciple of self-defence," and which Monroe ue
clared 10 be a right which never ceases ou'
"is among the most sacred, and alike necessary
to nations and to individuals" Those utter
ances were made TO justify our arbitrary con-
quest of Florida. If we could thus warn an
other nations TO keep off the coast of Flor'ua, a
part of the Spanish Empire, we can scai oel!
criticise Great Britain for filing similar ch'e'
on the coasts which adjoin her Indian pos'e'
sions The only question is whether "ie41
Britain means to and is able to enlo1ce 'N'
rule which she mas so plainly enunclateu' anu
OF that we are inclined to think there is niue
doubt.
New-York tribune., 1903-05-07
a bout People and Social Incidents.

of Mr. and Mrs. Edward Prime. william NJ Ben
Jamin.
The marriage OF Miss Louise White. daughter Of
Mr. and Mrs. John J. White. TO Walter sUydar, jr,
son Of Mr.. and Mrs Walter suydam. wfI taks
place in the Church OF the Heavenly Rest
June 10.
Mr. and Mrs. Frederick y. Goddard. who have
lived for a number OF years at No. East Thirty
hfth-st.. have bought Mrs George Hoadly's house,
No. % East Fiftietn-st
Mr.. and Mrs. Charles de- Rharn have issued invi-
tatiOns for party next Saturday evening at their
house in Fifth-ave.. for their daughter. Laura who
is not yet out The guests will be young people
OF her age
Plans for the new house OF ]. B. Hazzin on ths
northeast corner OF F1fth-ave- and Sxty-third-st.
have been filed with the Bureau Of Buildings II
is to be OF white marble.
Miss Calender and Miss de Forest. who sailed
for Europe yesterday. having their apartment
in the Tiffany Building. in East SeVeuty-second-
st. completely remodeIled during their absence.
Mr. and Mrs. William A Perry. who leave town
for their place at Bay Ridge next week. have
rented cottage at Murray Bay. Canada. for thu
summer.
Mr. and Mrs william z. Dodge likewise lsavs
town next week for the season and go to their
country place at t<Riverdals-on-ths-Hudson-
The four-horse public coach Liberty. running
between New-York and Lakewood. viii make itI
last trip on Friday. May Is. II is announced by
James H. Hyde that the horses used IN the run
will be sold at public auction at Duriands Riding
Academy May g.
New-York tribune., 1903-05-07
MAURICE eRAU TO SAIL TO-DAY.

Maurice Grau. with Mrs Grau and their daugh-,
ter Louise. will sail for France today on la
Savoie for their summer home. not far from Paris.
Mr.. Grau gone to Europe with mini
free from business cares and summer full ot
hard work ahead for many years. and he says
he expects it TO be a new sensation he viii pass
the summer quietly in complete rest. and hopes
to recover much Of his old energy by doing At
present he Is feeling far from recovered II is
pected that large crowd of friends VIII Be on th4
pier TO bid the Csraus goOdby. On the same
steamer Miss Elsie de Wolfe VIII sail
New-York tribune., 1903-05-07
BISHOP sATTERLEE ADVISES CAUTION
Question of Changing Church's Name Dis.
cussed at Washington.

Washington. May s-At the eighth annual con-
ventfon Of the Diocese Of Washington. held here
to-day the subject of changing the name OF t1s
Protestant Episcopal Church in the United States
was formally presented Bishop Satterlee IN hts
annual address advised the members 70 take a long
look ahead. lest false steps be taken The whole
matter finally was referred 20 a special committee
prhi Is 10
New-York tribune., 1903-05-07

How much more comfortable commonwealth
of peaceful homes would be the magnlncent
State of Kentucky If every gallant hentuchiah
could be persuaded to abandon a 100 intihA'e
familiarity with deadly weapons! rake up
newspaper almost any day, and you cannot fall
to see that the rifle, the pistol or the knife has
been busy in the Blue Grass region. in which
every prospect pleases.
New-York tribune., 1903-05-07

Mr. Carnegie saws in substance that the big
Atlantic arks OF the ocean ferry have now al
most bridged the Atlantic He ought 10 hilo"-
He has been back and forth again ana asaiii
almost like weaver's shuttle, and MS reihai
able achievements in the making OF steel nave
done a great deal to bring about the cohstruc
ton of such saltwater titans as the Cedrlc anu
the Celtic. These are days of achievements SO
colossal as fairly to terrify the timld
New-York tribune., 1903-05-07
THE OHIO SOCIETY MEETING

The next meeting OF the Ohio Society viii taxa
Mace at its rooms in the WaIdorf-Astorta on Mon
day. Nineteen applicants for resident and non-res-
ident membership viii be passed on
The society is growing rapidly good sized
delegation is going to the centennial celebration az
ChiIIcothe Ohio where Thomas Ewing. jr.. the
vce-president OF the society. Is 70 make one OK
the principal addresses
New-York tribune., 1903-05-07

Plenty of recreation piers. well managed. anu
plenty of new small parks on the SITES Oh 'ne
gas plants this island. which VIII De a'"ii
able when the great lighting combination In
mis- borough moves over to the other side OF the
T,aet River will be eagerly welcomed by the
swarming masses In the tenement districts
New-York tribune., 1903-05-07

When we bring Italians over from Southern
Europe in hosts to work in the subways we
take up certain duties. and these duties may
not be lightly cast aside in times of trouble
There is much for sensible men to think about
concerning these quarrels
New-York tribune., 1903-05-07
At THE WHITE HOUSE.

v.-.sbineton MAY (speciaD.-Archie Roosevelt
resumed his studies yesterday He is a pupil at the
Force School and expressed himself as siad 70 get
back TO his school friends
New-York tribune., 1903-05-07
AMBASSADOR sToRER's PALACE.

Vienna Nav s-Ambassador Storer will sail FOR
the United States in June. He has rented the
Salesianergasse Palace. which was occupied BY Mr..
Mccormick when he was ambassador here
New-York tribune., 1903-05-07
THE CABINET.

Washington. May (SpeciaD.-The secretary OF
War this afternoon witnessed the annual snain pat
tle Of the washington High School CADETS ana IN
spected the cadets drawn up in resimenta To-
tion He COMMUNICATED General Harries an -LI Ug
military instructor Colonel Ross. on me its =
apnearance and tactical proficiency OF the ''
New-York tribune., 1903-05-07

The rescue of more than threescore men OF tiie
crew of fishing brig far out in the Atlahtic pS
the officers and sailors Of the steamship 81 All
drews was an achievement we'll worthy Oh pres
eryation in a new poem by Kipling In such d
feat his muse might well find fresh insplrat'oh
New-York tribune., 1903-05-07

There is no yellow fever now in Cuba, and
smallpox is not exciting serious alarm this
spring in any considerable area of the United
States. Wise and unseeping work by the medi-
cal men and the health officers who have
labored with much diligence and skill to
New-York tribune., 1903-05-07

"AT' Adams is making mats in Sing Sing
Prison. John Scanne is making faces at the
District Attorney. What a difference
New-York tribune., 1903-05-07
,-r7u vopr rArry TRIBUNE. fhURsDAY. MAY Z. 1903

check the ravages OF pestilence mas oroue"'
about results which the world praises VII" e
thusiaSm
New-York tribune., 1903-05-07

Some of those who sailed yesterday for Liverpool
on the steamer Oceanic were:
Mr. and Mrs. Thomas Bar Mr.. and Mrs W 5. Lay
piss Ethel Barrymore. The Right Rev. Nonsienos
Bishop s c. BreyfoseL Nj, and Mrs c 4 Poss-y-
Lieutenant z G Bunbury- Mrs Brooke Postley.
9 s canP6eiJohnson sir ana I'S Mrs J. L Rlksr
h9mes MSs oe4 G9sr Mss MS Z I.Iis HIsmPdeR 2 Ros5 Ro00
Miss 1rene. CramD. Mr.. ana Ms PeFciysl ROB-
captain and Mrs P A Mr., and Mrs ILvingssos
Dr. and Mrs. Theodore Fas- James Roche.
MTs, R; 1 Gammen Miss 5. ghoeaaSsT. -.
Nj. and Mrs John W. Mr.. and Mrs a r Shat-
MI J. Guthrie coionsl Stanley T stephens
Mrs. N NewlIn Hooper Mr.. and Mrs. A vicsers.
Mr. and Mrs James z. Miss Vickers.
Mrs. Bruce 1srnay MIS- Natalie 'S w.Iis
MchaPd h5 aRa M6crisry M5 e. a Keep Major "insh''d
Booked to sail to-day for Plymouth. Chsrbous
and Hamburg the steamer Deutschland are:
Ex-Governor J. Fl. Budd. OF! Louis MeCreary.
waiter F. Brooks. and ia family >
S Go'sH sHd 4 Ms as Dodd Mss Mss To'PAs sn gamble
{. B Diiinghana- Miss Margaret Head
II E. Ebstein- Mr.. and Mrs Ed@sSd -
Earle. Mr., and Mrs John EIanniltor
Mr. and Mrs. A Fuller B, Fl warren United states
= NJ D; II. D. F Mr. ana Mrs. George GRAY
Professor $ Nswcomb U M and Mrs Hovars
Among those booked TO sail to-day for Havre on
the steamer La SavOie
Mrs. Bonaparte- Miss Louise Grau
Michel Lagrave and A Ma Mr.. ard Mrs l. Good
guin, Comuis-l
the ST Louis Miss Holland
Exposition. Mr.. and Mrs J. y.
Mrs Maguin a kleczkOwSki. French con-
Mr. and Mrs Richard c sui General IN Canada.
Perkins. @. Kotz.
Miss Perkins. Mr.. and Mrs. A. Scnliemanu-
Henry Rheims NJ and Mrs, Glenn D.
worth Miss Elsie de Wolfe
On the PhGnicia. which sails to-day for Naplea
and Genoa,
J. =. Mrs r Iath
Miss NJ II. Anthony The Misses Latham
Miss h. $ Anthony Mrs Edmond Terry
Or. Alfred A. Blackman Miss Terry
Some OF those who arrived here yesterday rronx
Bremen the steamer Konigin Luise were:
and Mrs. Cleveland Alr Mrs John Afks-s
Able. Preston
Or. and Ms Csrl A. Captain and Hinres
Ewsld Wiikens
Batcheder Greene
Among those the Trave. which arrived hsVs
yesterday from Italian ports We're.
Baroness RruninE Warren T. Currier
Richard D, McCloskey. Nr and L.
George r. Elder.
Mrs Robert Treat
ATchdeacon c. G. Tiffany. Alexander We
Mr.. and Mrs. r. Carpenter Wistsrs