davidaulloa/AmericanStories huggingface dataset:
The Montgomery advertiser., 1903-02-24
TWO LOTTERY CASES
PASSED UPON BY THE UNITED
 STATES SUPREME COURT.
That Tribunal Upholds Right of the Nation to Prohibit Transporta- tion of Tickets by Other
 Means Than the Mails.

Washington, Feb. 23.-The power of Con- gross to prohibit the sending of lottery tickets from one State to another by other means that the United States mails was passed on today by the United States Su- preme Court. The question arose in con nection with two cases. that of Champion
 versus the United States and that of Francis versus the United States, and in
 boh cases the constitutionality of the act
 of Congress of 1895 prohibiting the trans
 mission of lottery tickets from one State
 to another by express or otherwise was l challenged.
 The opinion in the Champion case was delivered by Justice Harlan and sustained | the validity of the law. In the Francis | case Justice Holmes spoke for the court, | holding that the offense alleged had not
 come within the scope of the law in ques- | ton. Both were criminal case. Champion at the time of his arrest was in Chicago representing what is known as the Pan American Lottery of Paraguay. The par ticular charge against him was that of delivering a lot of lottery tickets to the
 Wells Fargo Express Company in Texas for shipment to California. He was ar rested in Chicago to be taken to Texas and sued out writ of habeas corpus which the Federal Court sitting in Chica- go refused to grant. He appealed from that adverse action to the Supreme Court and it Is this appeal which was decided today. the decision being adverse to him.
 Francis operated in Cincinnati and was charged with conducting "a policy shop. The numbers" were selected by players in Newport, just across the Ohio River in Kentucky, and brought to the main ot- ice in Cincinnati by ferry. This. 1t was charged. was violation of the statute of 1895. and Francis was arrested and found guilty. His sentence was affirmed and the case removed to the Supreme Court
 The effect of Justice Holiness decision Is to send the case back for a new trial. The principal coptention of counsel for the lottery men was that the suppression of lotteries belongs exclusively to the po- lice power of the several States and Is not a Federal function and that conse- quently the law of 1895 Is in derOgation of the tenth amendment of the Constitution which provides that the powers not dele- gated to the United States by the Consti- tuition nor prohibited by 1t to the States are reserved 0 the States respectively or | to the people"
 They also contended that the sending
 of lottery tickets or policy slips from one
 State to another does not constitute an act of interstate commerce
 Justice Harlan's opinion in the Champion case proceeded entirely on the theory that the transmission of lottery tickets from
 one State to another is a form of inter
 state commerce because they are a sub | feet of traffic and have a money value and hence that the law was regulation l of interstate commerce.
The Montgomery advertiser., 1903-02-24
TALKS OF COMPROMISE.
Not Believed, However, That There
 Will Be Statehood Legislation.

Not Believed, However, That There
 Will Be Statehood Legisiation.
 Washington, Feb. 23.-Au day there has been talk of compromise on the State hood bill. It was generally understood that what was known as the Spooner compromise, being the two-State bill drawn by the Wisconsin Senator. would be satisfactory to the Republicans.
 Thu termg of this compromise have been given heretofore, save that the provision for the State of Montezuma provides that before Arizona can be set off as a sep arate State the population of Montezuma must be 100000 of which 300, 900 should be in Arizona.
 The Democrats, while talking in a con- ciliatory spirit, said that they had little hope that the Republican proposition would be acceptable to them. It is hke- ly that when this proposition is submit ted the Democrats will have a conference. Probably a counter proposition will be made providing that when Arizona has a population which is the average for rep resentative in Congress, 1t shall be ad- mitted as a State, and also that a cen- ocrats say they want a provision fixing the date which will bring Arizona into the Union. This would not be satisfac- tory to the Republicans.
 While the efforts toward a compromise continues. there are only a few Senators who expect an adjustment to be reached and the prospects of Statehood leRisla- ton are still remote
The Montgomery advertiser., 1903-02-24
GERMANY
 WANTS MONEY Herr Ba!yizzi Calls on
 ts.. Bowen.
 +s GOES AWAY EMPTYHANDED
Willing to Take Draft If Cash
 is Unavailable.
In Venezuela Castro is Firmly Seat ed in the Presidential Chair . and the Revolution Seems
 to be a Failure.

Washington, Feb. 2S.-Having failed Tn the effort to obtain from MT. Bowen the immediate payment in cash of the 9l5,5OO which 1t was provided in the protocol Of February 13, should be paid to Germany thirty days from date, Germany today requested Bowen to give draft for the amount payable in Caracas on the latter date. This latter request was made on behalf of the German Emperor by Herr Baltazzi.
 Mir. Bowen was Again forced to decline this request, which he did politely. at the same time reminding Herr Baltazsi that he was bound by the terms of the protocol, which provided that the e15,5oO should be paid at Caracas on the 18th day of March to the diplomatic representative of Germany. Just what reason was given by the German representative for making the request is not known. Such draft, however, it is presumed, would be nego- tiable and the result would be that the Germans could obtain the money 1t called for. The whole matter is presumed to hinge on steps taken by the German ves- sels during the blockade.
 Signor Mayor des Ranches, the Ital- ian Ambassador made call on MT. Bowen today and explained that he had been informed by his Government that orders had been issued by the Admiralty February IA. the day after the signing of the protocol, giving directions for the surrender of the ships taken by the Ital- ian vessels.
 MT. Bowen today prepared and handed to the diplomatic representatives of the blockading powers the drafts of the pro- tocols for the submission of the question of the determination of preferential treat ment to The Hague tribunal. The unal- lied powers will be invited to join in this issue after the protocols with the allies are signed
The Montgomery advertiser., 1903-02-24
KIDD CASE
 IS AFFIRMED Alabama Back Law Up-
 held. THE CASE LONG PENDING Justice Holmes Author of the
 Opinion.
THE CASE LONG PENDING
It is Held That State Has Right to Tax the Stock of Railroads Incorporated in An
 other State.

Washington. Feb. 2.-tspecial.)- )-"Af- firmed with costs" is the decision hand ed down by the Supreme Court today in the case of Kidd and others against the State of Alabama on appeal from the Alabama Supreme Court. the meaning of the decision being that the constitutions ality of the back tax law of Alabama Is upheld
 The case came up originally from the Circuit Court of Fillmore County on ap- peal by Louisa Kidd and others, heirs of the Tulane estate at Wetumpka, which estate was assessed for back taxes.
 The case was submitted to the Supreme Court here without argument on the sec- ond of February. the plaintiffs being rep resented by William A. Gunter of Mont gomery. who was not personally present, and the State by Colonel Frank Caffey. who came hither from New York for that purpose.
 In the opinion delivered by Justice Holmes the United States Supreme Court held that a State has the right to tax the stock of railroads incorporated in an other State and which is held by an es- tate in the State seeking to exercise ths power.
 The opinion affirmed the opinion of the Supreme Court of the State of Alabama.
 Lucien Julien Walker
The Montgomery advertiser., 1903-02-24
PROSPECTS FOR PEACE
REPUBLICAN, SENATORS MAY
 GET TOGETHER.
No Indication, However, That Sena- tor Morgan Will Abandon His Fight Against the Panama
 Canal Treaty.

Washington. Feb. -(SpeciaD-There is tonight considerable promise Of patched peace in the Senate.
 The Democratic Senators are to hold conference tomorrow to determine wheth- CT they will assent to a compromise, which has been reached between the war ring factions of Republican Senators on the omnibus Statehood bill to the effect that Arizona and New Mexico shall be admitted as one State, with the enacted understanding that whenever Arizona shall have a population of SOO,OOO it shall he admitted as State, an understanding which cannot of course have any binding legal force on any future Congress.
 Oklahoma is to be admitted now, thus making two new States instead of the three provided for in the bill as 1t passed inc House Just what the Democratic Senators will agree to Is not knowablt tonight. but it is presumed that they vii consent for the compromise Statehood hill to become law as rider on an ap' nropriation measure. There is considerable doubt whether the Democrats will con sent to the compromise at all, some oi them holding that the Arizona provision ,aing entirely futile, would be ridiculou: in sober legislation.
 But the obstreperous Beveridg'ians ant the Republican Senators, led by MT. Quay have come togeth ar at least tentatively ard so 1t would seem possible to cleal up business and avoid an extra session of the Senate.
 Yet there is no sign that Senator Nor gan will yield in his opposition to th' Panama treaty, there having been noth' inng done of interest in the Senate today
The Montgomery advertiser., 1903-02-24
LORD DUNRAvEN TALKS.
Hopeful of a Solution of Ireland'a
 Landlords Troubles.

London. Feb 2S-The Earl of Dunravsr was asked tonight regarding the report of the Irish landlord and tenants con ference in Dublin of which he was chair man. He spoke hopefully regarding ths prospects of legislation which he thought would end the difficulties. Lord Dun- raven said:
 '"rhe utterances of King Edward and of British public men, the temper of Ireland, tho reception of the conference report by the public and the action of the Gov ernment since the publication of the re- port, are all favorable indications point Ing to the success of the Governments Irish land bill. which. if it contains just and generous offer. will make good the first impression on which all depends. The bill. If drawn on the lines of ths terms of the report will insure a final settlement, and remove the cause of fric. tion in Ireland. which is reacting unfa- vorably not only in Great Britain, but throughout the empire and on the kindred In the United States"
The Montgomery advertiser., 1903-02-24
FLUCTUATIONS OF SILVER.
President May Be Authorized t
 Name Delegates to Cnnference

Washington. Feb. 23.-Secretary Shaw, Robert B. Armstrong, who will qualify soon as an assistant secretary of the treasury, and a sub-committee of House Coinage Commitete consisting of Repre- sentatives Boutelle Southard and Cock ran had conference with President Roosevelt today concerning the means of putting into effect the proposition trans mitted by the President to Congress January 9 in a special message.
 The Presidents message conveyed to Congress a report from Secretary Hay with accompanying notes and memoranda from the Mexican Ambassador and the Chinese Charge d'Affaires Mexico and China are seeking cooperation of this government in such measures as will tend to restore and maintain a fixed relation ship between the moneys of the gold stan dard countries and the silver using coun- tries.
 It is not asked that the United States codify its monetary system and 1t is dis tinctly stated that there is no movement In contemplation for the restoration of international bimetallism. The particu1 lar desire Is that measures be adopted that will prevent the great fuctuation in exchange which now occur in trade with silver-using countries.
  codify it's monetary system and 1t is dis tinctly stated that there Is no movement in contemplation for the restoration of international bimetallism. The particular desire is that measures be adopted that will prevent the great fluctuations in ex- change which now occur in trade with silver-using countries.
 Citizens of the United States now have investments in Mexico alone aggregaung more than half a billion dollars. The earnings of alese enterprises have suf- fered a serious fall in gold value with every fall in the value of Mexican money. This fact, 1t is suggested, brings home to this country the desirability of adopt ing some means to insure the stability or exchange.
 After considering the subject carefully, 1t was the opinion of the parties at to- day's conference that it would be wise for Congress to confer upon the President the authority to appoint three commis- sioners of the United States to participate fin any international conference on the question of the stability of exchange that might be arranged.
The Montgomery advertiser., 1903-02-24
LINES GIVEN DAMAGES.
Gets $1o,oo0 for Property Ruined by
 Government Dam.

Washington. Feb. 23.-Justice Brewer today delivered the opinion of the United States Supreme Court in the case of the United States vs. Arthur Lines, holding that in cases in which the property of private individuals is destroyed through government improvements, the owners are entitled to recover damages.
 Lines and Williams are the owners of rice plantations on the Savannah River. and which it is claimed have been ruined by flooding on account of the construction of a dam by the government.
 They brought suit in the Federal Cir cult Court of South Carolina and were awarded $l0,O00 Today's opinion aftirms the opinion of the South Carolina court.
 The court held the destruction of the land to be equivalent to taking 1t for the purpose of making improvements. The Chief Justice and Justices Harlan and White united in g. dissenting opinion, which was delivered by the last nsmed.
The Montgomery advertiser., 1903-02-24
FURs OF MRS. FAIR.
Investigation Begun as to Their
 Alleged Exchange.


 Paris, Feb. 23.--Consul General Gowdy has opened an official investigation into the charges that valuable furs which be- longed to the late Mrs, Charles l.. Fair were changed after her death for inferior articles. sa
 A box containing the furs had been re- ceived here from San Francisco and the seals were broken today by MT. Gowdy in the presence of all those who had a part in handling the articles up to the time of their shipment to America. Ed mond Kelly. representing the Fair estate. and Nm. Chanell and Grumwaldt, who appraised the original garments as be- ing worth $21, POO, were among those pres ent. When the box was opened a short cloak and muff were disclosed. both of rather ordinary appearances.
 Appraiser Channel said positively that tho articles were not those he had ap- praised. H. Grumwaldt was not so posi- tive as whether the articles were the same. Representatives of two forward ing companies made statements. tracing every no-enlent of the paclsA&e from the time 1t was turned over to them.
 Messrs. Gowdy and Kelly questioned the various parties, and later Mir. Gowdy requested the appraisers to submit to- morrow written appraisal of the value of the articles shown today.
The Montgomery advertiser., 1903-02-24
MINUTE MEN MEET.
Four Hundred Delegates at Conven.
 tion in Boston.

Boston. Feb. 28.-The Massachusetts di- vision of the American Minute Men held its first convention in Peoples Temple today with 400 delegates present. The chief business done was the drawing up of a plan for advancing the principles of the order. The State chairman elected is Frank j. Batcheller of Boston. During the session telegrams of congfatulation were received from minutemen in session in Detroit and other Western cities.
 The American minute men Is a political organization, whose object is to advance through legislation, these principles:
 Restriction of immigration; no sectarian appropriations; protection of the non-sec- tartan free public school system; main tenance of the constitution of the United States.
 The membership In Massachusetts,is 50, . 900 and in the country 2.O00,000.
The Montgomery advertiser., 1903-02-24

The young daughter of Rev. A. L. An drews, pastor of the Dexter Avenue Methodist Church, Montgomery, under went a painful surgical operation in Phil adeiphia yesterday and pr. Andrews tel egraphs Congressman Thompson that there is every indication that it will be successful. Some time ago Miss Andrews's s face was very painfully burned in an ac- cident and badly scared. The purpose of the surigal operation was to engraft healthy skin upon the scared places and so promising Is the immediate result that pr. Andrews hopes to come to Washing ton tomorrow to be the guest of Con- gressman Thompson. his daughter re- maining in Philadelphia.
 Iucien Julien Walker.
The Montgomery advertiser., 1903-02-24
Refereed i'm Asphalt Cases.

Trenton. N. J., Feb 23.-Judge Kirk natrick in the United States Court today appointed former Judge R. s. Woodruff of Trenton, a referee to take testimony in the recelvership cases of the National Asphalt Company and the Asphalt Com pany of America for the purpose of as- certaining the amount of principal and interest due on the collateral gold certtfi- cates of these companies and the amount or securities held by the Land Title and Trust Company of philadelphia, as se- cnritv for these certificates.
The Montgomery advertiser., 1903-02-24
Corkran is Freed.

Washington, Feb 23-The Supreme Court of the United States today affirm ed the Judgment of the Court of Appeals of the State of New York dlscharging f; om the custody df the Chief of Police of Albany, N. Y. Charles E. Cor1ran,' who was held on a warrant by the Governor of New York, granting requistion from the Governor of Tennessee. This case raised the question as to whether Corkran could have been held as fugitive of justice from Tennessee if it were shown that he was not in the State when the alleged acts for which he was arrested were. if ever. committed. Justice Peck ham giving the opinion of the court held that on the showing of Corkran un- contradicted that he was not in Tennes- see at the time in question, was not fu- gitive from justice within the meaning of the Federal statute.
The Montgomery advertiser., 1903-02-24
Negro Preacher Gets Verdict.

Trenton. N. J.. Feb. 23.-In the United
 States Court today a jury awarded $500 damages to Rev. H. P. Johnson of Cam den, a negro. who sued the Pullman Pal ace Car Company for $l0OOO. Johnson is the editor of a religious weekly, and March 25 last. while riding on Pullman car between Richmond Va, and Wash ingtcn. sought service in the dining car. He said he was refused food by different subterfuges, notwithstanding he applied three times. Finally, when all the pas sengers had been served and the employees were eating. he said he was offered food.
The Montgomery advertiser., 1903-02-24
THE HOUSE.

Washington. Feb. 2s.-The House today passed the general deficiency appropria- ton bill the last of the regular supply bills. It carried SIS. .6e8. 7S1. The only amendment of importance was one appro- priatinE $1,0O0.0OO to replace the stores and storehouse at the Rock Island arse nal recently destroyed by fire. The bill to amend the railroad safety appliance act was sent to conference and the con- ferees were instructed not to insist oH that portion of the House amendment giving the Interstate Commerce Com- mission power to reduce below 50 per cent of cars equipped with patent air brakes.
The Montgomery advertiser., 1903-02-24
No Further Testimony.

Washington. Feo 23.-The Senate Com rnittec on Philippines today decided to take no further testimony regarding atrocities alleged 10 have been commit ted by the United States army officers in the Philippines. Several men are in the city in an effort to give testimony re- earding the cases of Father Augustine and the alleged violations of the rules of warfare at the battle of Caloocan and to- morrow they will prevent their evidence to Senator Carmack of Tennessee with a view to publication in the Congressional Record.
The Montgomery advertiser., 1903-02-24
Mo p1nune on the Iris.

Washington, Feb. 28.-The following ca bIegram was received today at the State Department from United States Consul General Lav at Barcelona, Spain:
 No plague aboard the Iris. Malarial fever Vessel will proceed to Marseilles without communicating with Majorica.
 The vessel referred to is merchant ship which cleared from an American port under suspicion of being infected.
The Montgomery advertiser., 1903-02-24
TO 1MPEAcH JUDGE swAYNE.
Action Begun Before House Judiciary
 Committea.

Washington, Feb. S.-(special)-The impeachment proceedings against United states District Judge Charles Swayne of Florida were begun before the House Judiciary Committee today, Attorney A. F. Pace of Dothan, Ala. and Attorney Davis of Pensacola, appearing before the Committee to press impeachment.
 After hearing these lawyers, the Com r,ittee appointed a subcommittee, con sistIns of Messrs. Jenkins, Overstreet, Powers. DeArmond and Clayton, to pro- ceed with the case. They will meet to- morrow to hear evidence.
 One of the principal charges against .Iudge Swayne Is that he is not resi- dert of Florida. but his legal residence is in Delaware or Pennsylvania.
 Lucien Julien Walker.
The Montgomery advertiser., 1903-02-24
REPORT ON COAL.
subcommittee of House Gives Re-
 suits of Inquiry.

Washington, Feb. 23.-The sub-commit- tee of the House Committee on merchant marine and fisheries that went to Boston to investigate the subject of coal trans portation reported to the full committee today the result of the hearings held.
 The subcommittee reported among other things:
 ''The evidence taken satisfied the sub committee that there was no question as to the sufficiency of tonnage for water transportation between the terminal coal ports and New England and also that no deficiency existed in the matter of ter minal facilities
 Upon the question as to whether any understanding between the coal roads and coal operators existed, the sub-commit- tee expressed no opinion. Owing to the fact that the session Is so near an end the subcommittee finds 1t impossible to continue the investigation.
The Montgomery advertiser., 1903-02-24
Nh Vacation for Barringer.

Washington. Feb. 23.-The United States Supreme Court today decided in the case of the United States vs. Barringer, origl- hating In the government printing office that a temporary employe of govern ment office is not entitled to the annual months leave granted to regular em- ployes. The Court of Claims decided ir Barringer's favor. but its decision was reversed The Supreme Courts opinion was delivered by Justice White.
The Montgomery advertiser., 1903-02-24
snhwaah Found Guilty.

Milwaukee, Feb. 23.-President A. Schwaab and the employees of the Schwaab Stamp and Seal Company were found guilty of negligence today by a coroner's jury at the inquest over the late Fire Chief James Foley and other fire men who lost their lives hy inhaling nitric acid fumes while fighting fire in the Schwaab plant. The jury found that Iu not warning the firemen against the acid
 schwaab and his employees were negligent
The Montgomery advertiser., 1903-02-24
REVOLUTION ON LAST LEGS.
Castro in the Ascendency in Vene-
 zuela,


 Caracas. Venezuela. Feb. 23.--The last army of the revolutionists under General Rolando recently advanced to within four hours march of Caracas. The correspond ent of the Associated Press visited it's ad- vance guard. camped at Esperanza, two hours distant from Petare and about twenty-five minutes march from the ad- vance post Of the governm>n >nt forces.
 The revolutionists presented a sad spec tacle, being almost naked and practically without provisions. General Rolando Is still in Guareneas with about 1.200 men. It was reported yesterday among the revo- lntionists that they were preparing to attack the government troops, but no movement was made
 Every days delay brings the cause of the revolution nearer to its end President Castro intends sending troops to Rio Chi co tomorrow from bcrcelona in order to cut of the retreat of the revolutionists. Reports have been current that the rev. olutionists intended to attack La Guaira and Porto Cabello during the carnival, but the government officials are in no way alarmed.