davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1903-02-24

this case, by being depo sited with an express
company for transportation" Concluding he
said:
I regard this decision inconsistent with the
views of the ia amers of the constitution ana OF
Marshall its great expounder. Our form OF gov
srnment may remain Notwithstanding legisla-
rion or decision, but long ago observed, IL i
with governments as with religions the form
may survive the substanc--
In overruling the Court of Appeals and the
Circuit Court in the Francis case, in when the
offence charged consisted in carrying the pohcS
slips or certificates from Kentucky across lhe
Ohio River to Ohio, Justice Holmes said;
The assumption has been that the slips carried
from Kentucky to Ohio were papers purpor,@Iis @
TO be represent ticket or interest IN d ~ ~
terry. But in our opinion these papers uiu --
purport TO be or to do either. A paper Iepi.
senting an interest IN a lottery is a oocuihs is
of title to the purchaser and holder-tne lIlHe
hv holding which he makes good ms Tieil 80 - q
chance in the game. But the slips srdhspoi'o -
were not the purchasers documents IT Is ~ ~
4hat they corresponded in contents, and so IN one
sense represented or depicted the purcharet
interests But represent" in the stature lieas ~
represent TO the purchaser 1t means stahu &c
the representative of title to the inolcaoeo ttS
and that those slips did not DO Inc luilO
Of the slips might have been performed py 80
scriptions in book, or by memcry IL the Mhole
lottery business had been done oy one ila,i. ,
They as little represented the purchase
chances as the stubs in check book represent
the sums coming the payees Of the chechs-
Justice Harlan delivered dissenting opinioh
sr
New-York tribune., 1903-02-24
KING HOLDS THE FIRST LEVEE.
Ex-Governor Francis and other Americans
Presented.

London. Feb 23.-King Edward held the first
levee of the season in the throne room OF Buckhs-
ham Palace at noon to-day Ambassador Choate
and other members of the United States Embassy
were among the diplomats present. His majesty
who wore military uniform, was ATTENDED oy Ihe
Prince of Wales most OF the Cabinet Ministers ana
all the great officers of State
Mr.. Choate presented d. r. Francis, former Gov
ernor of Missouri. and president OF the 81 LOUIS
Exposition; Craig Wadsworth. third secretary OF
the United States Embassy: John Barrett ana u
H. b. Hill. of New-York.
Mr. Francis was much pleased by tne hlhs
cordiality After the Ievee his majesty sent 70
ask the former Governor of Missouri If he would
like to be received in private audience and re-
ceivfng an affirmative reply promised TO hX oate'
Mr. Francis will attend to days debate IN the
House of Commons War Secretary Brodrlck :
army scheme. During informal conversation
which Mr. Francis had with Lord LanSdoWne ON
the subject of the St Louis Exposition the Foreg z
Secretary EXPRESSED Keen interest in the 1alr anu
promised ii every possible support
Mr. Francis anticipates early announcement
of the appointment of royal commission 70 aI
range for Great BritainS participation IN Ihe eA-
pOSitiOn
New-York tribune., 1903-02-24
LORD DUNRAVEN HOPEFUL.
Talks of the Prospects of Land Legislation
for Ireland

London Feb 23.-I'he Earl of Dunraven to-nigh'
discussed report Of the Irish landlord and ten
ants conference in Dublin. of which he was CHAIR
man. He spoke hopefully regarding the prospects
of legislation. which he thought would END the
difficulties in Ireland Lord Dunrdven said:
The utteranees Of King Edward and OF British
public men che temper of Ireland. the FeeeptlNh az
the conferences report by the public and the & &ac-
ton of the government since the publication oi tls
report are favorable indications pointing 10 the
sucCees of the governments Irish Land bill Uhtch.
II II contains a just and generous oner WIFI MAKE
good the first impression. which all depends The
bin If drawn on the lines of the terms of the report
will insure final settlement and remove the cause
of friction in Ireland which is Teacting unfavoraoiy
not only in Great Britain but throughout the EN-
nire and on kindred in the United states
Lord Dunraven replied to the adverse criticism OF
the report saying that the conferrees could rot lay
down A specific formula TO be adopted. They were
Obliged 10 deal with the matter on the broadcast
fines considering both the interests of the nation
and those of individual landlord and tenants. lie
did not think that the government would be able 70
snecIfv strict formula which. IL attempted would
confuse tho issue. The minor details OF any plan
based on voIuntaFism must be lett tC the purchasers
and sellers The conference sought only 70 terfnu-
late the conditions under which II would be possible
tn comnete the transfer OF the land within a rea-
s0nabIe period. His lordshp concluded by saying
that he did not think that the demand on the
State treasury would be disproporuonate 10 the
benefits gained.
New-York tribune., 1903-02-24
MRS. C. L. FAIRS FURs.
Consul General Gowdy Making an Inves-
tigation in Paris.

Paris, Feb. 23.-Consul General GoWoy mas
opened an official investigation into the charges
that valuable furs which beiongef 10 MIS-
Charles l.. Fair were changed after her dea'h
for inferior articles. A box containing the luIS
had been received here from San Francisco anu
the seals were broken to-day by Mr. GoWdv' III
the presence of all those who had part III
handling the articles up to the time OF thelr
shipment to America. Edmond Kelly, represent
ing the Fair estate, and NM Chanel and Gruh-
waldt. who appraised the original garments as
being worth S21 20u, were among those present
When the box was opened a short cloak ana
nuff were disclosed both of rather ordinary ap-
pearance Appraiser Chanel said positively that
the articles were net those he had appraised
NJ Gr1nwaldt was tot so positive as to wnether
the articles were the same. Representatives on
two forwarding companies made statements.
tracing every movement of the package from
the time it was turned over to them Messrs-
Gowdy and Kelly questioned the various per
sons, and later Mr. Gowdy requested the apprais-
ers to submit tomorrow a written appra1s- Il
of the value of the articles shown to-day The
investigation will be continued for several Gays
New-York tribune., 1903-02-24
SIN DOMINGO PAYING UP
vii Not Send an EnUoy to Wd
Trouble Bre7cing.

SAN Domingo, Feb. 23.-The Dominican 'oV-
ernm IT has given notice to the United States
Minister Mr. Powell. that it has reconsinerea
its intention to send envoy to washington "
make representations there against the Kos anu
the Clyde company's claims. and that II WIZ
accept Mr.. +'owelrs proposition in regard 10 'iie
Ros claim and has requested furtner tiiile W
consider the claim of the Clyde coihpans'
The Treasury officials here nave paiu =, .
Pwell $1S,T50 as the first instaiireii. ~
,avme,t of the improvement companys olaim'
opountine to 81 100000 The Dominican Gov
orr,napt has agreed to pay during the first year
so25 600 In monthly instanents OF SlS''oo
The political situation in San Donihso u
settled Disturbances have occurred a'
honc on the south coast. The Minister u ""
has assumed command Of the troops.
New-York tribune., 1903-02-24
BLUE BOOK ON MACEDONIA.
Lord Lansdownes Persistent Efforts to Sc
cure Reforms.

London, Feb, pa blue book issued tonight
gives in detail the diplomatic history of the
Macedonian question for the last two years. 1t
shows that year ago Lord Lansdowne, Sec
retary for Foreign Affairs, agreed to support
Austria and Russia in an endeavor to secure
reforms. and also repeatedly urged upon the
Sultan the necessity for substantial reforms.
The Sultan in response. always protested
against the provocative proceedings the part
Of Servia and other States. AS late as January
9 of this year Lord Lansdowne, in a dispatch
the British Ambassador at Constantinople.
described the situation in Macedonia as intol-
cradle, and sketched number of reforms on
similar lines to those submitted by Austria and
Russia
New-York tribune., 1903-02-24
REST4URADOR GITEN UP.
Germans Hand OUer Gunboat to
Venezuelans.

Porto Cabello. Feb. 2S.-The Venezuelan gun
boat Restaurador. which was captured by the
Germans. handed over by them to the
Venezuelan authorities here to-day.
At II o'clock this morning Commander Chal-
baud. Of this port accompanied by an inter-
prefer. and the German commodore, Scheder.
went on board the Restaurador, which is now
lying in this harbor. in order to effect the de-
livery of the ship to Venezuela At ii 80 o'clock
the German flag was lowered, the German
cruiser Vineta firing salute the colors were
brought down At o'clock this afternoon the
Restaurador hofsted the Venezuelan flag and
was then handed over to Commander Chalbaud
by Commodore Scheder. The Vineta immedi-
ateIy afterward steamed out Of this port.
New-York tribune., 1903-02-24
MAY BE ANOTHER VAUDEVILLE WAR

New-York seems TO have another vaudeville war
its hands. b. F. Keith has made charges
against Percy G. Williams, the treasurer OF the
association Of an alleged violation of the rules
of the Association of Vaudeville Managers In open-
ing the Circle Theatre. at Broadway and Sixtieth-
st. p. G. Williams says that he has New
York franchise not bounded by wards, and charges
Mr. Keith with violating rules by sending out acts
at profit and in additional charges asserts that
Mr.. Keith's manager, Z. l.; Albee. who is chairman
the board of managers, has permitted the associ-
alton to degenerate into Office where agents
split commissions and outsiders have the same
benefits as the members" He also charged Albee
with falling 10 call meetings Of the association
New-York tribune., 1903-02-24
BALKAN QUESTION SERIOUS.
Italy Cooperating in the Interest of Peace.

Rome, Feb. 23-Minister of Marine NORM
replying to an Interpolation in the Chamber of
Deputies to-day on the subject of reforms in
Macedonia, said that Italy was cooperating
with the powers with a view to the maintenance
of peace. The time that passing was in
deed serious, he continued, but it would be a
decisive period for Eastern Europe. IF the Bull
garian Government adhered to its determine
ton to abolish the centres of agitation. and If
the Porte fulfilled its engagements with Europe
the present crisis might lead to peaceful solu-
ton. But it, contrary to anticipations, the COM
bined action of the powers proved unable TO
stif1e the conf1agraton, the Italian Government
would certainly not confine itself to the role of
a mere spectator. 1t would that attack
was made on the rights and interests of italy.
New-York tribune., 1903-02-24
LLOYD C. GRIscoM ARRIVES.

Lloyd C. Griscom, ex-United States Minister TO
Persia who recently appointed TO the post
in Japan. and Mrs. GriScom. arrived here yeSter-
day on The steamer ST. Paul. He was met by his
father. Clement A. Griscom; his mother. Clement
A Griscom, jr.. Arthur Griscom and Mr. and Mrs.
Samuel BEETLE. He went TO Philadelphia last night.
and will go to Washington in day or two to make
his report to the State Department MIR. Griscom
said after he landed that he had an audience with
the Shah Just before he left Persia. who had said
that he greatly interested In the United States
and the people of this country. The Shah. said Mr..
Criscom, expressed the pleasure he would have
in visiting this country. but said that ne feared
he foregc II because he war too uoo- sailor.
Mr. C;riscom said that the Persians using
American agricultural implements. padlocks ana
sewing machines In increasing numbers. He
pressed his pleasure in receiving his appointment
To the post at Japan. that country was becom-
ing Important country in its relations to the
outside world.
New-York tribune., 1903-02-24
DEWEY WINS PRIZE MONEY.
Decision Against Sampson's Men In the
Maria Teresa Case.

Washington. Feb 2s.-The United States Su-
r,rerne Court to-day decided the prize money cases
brought by Admiral Dewey in behalf OF hiInsei1
ano the officers and Of his feet, on account
of the vessels sunk Manila, and after~ard re-
claimed in their favor. but the case of Aomlrai
Sampson for whose that Of Admiral Taylor
was substituted in his own behalf. and that OF MS
officers and men account OF the Marie Teresa
sunk ct the battle Of Santiago, were necloeo au
versely TO the claimants. The Teresa was SUNK
sfter being rescued whereas the vessels reclaimed
Al Manila still in use
The court first passed on the Dewey case lahihs
sp the questions as whether the Spanish vessels
Don Juan de Austria, IsIa de Cuba and isla de
1,uzon were properly adjudcated as prizes for the
benefit of captors in view of their condition I'M
rnediately after tie engagement at Mania ana
their being subsequently raised and put In commis
sion the opnon says that If the effort at salvage
had failed If the cost had equalled or exceeoed
the value the captors still would be entitled to
bounty.
"As to the property taken from The vessels raised
and reconstructed and that taken from the Vesseis
destroyed says the opinion, we think its legal
status must be regarded the same as that OF
The vessel 70 which it belonged. The statute did
not contemplate a division of the grant ana an
award Of prize money and bounty IN respect 10
she same transact m" Concluding GA this point
che opinion says that even the contention be cor
rect that bounty alone would be an inadequate re-
ward that would not justify the court in attribut-
ing TO the statute I. scope not permitted by its
terms
Concerning the naval stores captured by AdhhIai
Dewey at Cavite, the opinion says the property
IN question taken subject to the exercise OF
The power restitution and the government must
he regarded as abSoiyed from liability for Wilat-
ever was restored under the treaty OF peace
We are of the opinion the court thAt
fhe District Court committed in its decree
in respect OF the Don Juan de Austria isia de
I.uzon and isla de Cuba, anG the property taken
from them. as well the vessels captured ana
their appurtenances or in respect Of the lighters
and nreckng boats. but that a share in a portion
naval stores and material captured in (aNlte
arsenal and the boats pertaining thereto shouid
have been awarded and that the decree should
not have included property taken from vessels
sunk and destroyed" The decree Of the District
Court riismiSsing the intervening libel of the cap
tain of NanSflan is affirmed
of the Maria Teresa. the court reTeTses the
decree of condemnation of the District Court to
the effect that that vessel and all the property
taken from her and from the other vessels Were
lawful prizes of and directs that the libel
filed by the naval officers be dismissed
New-York tribune., 1903-02-24
GERMANY WANTS CASH.
Asks for Negotiable Droyf for TO- 6oo
but Fails to Get 1t.

1.,,,,,or Feb 23-Having failed in the
e.. .. oh.a;, from, Venezuela the immediate
ma ayment In cash of the f0.5OO whicn IL was po
r,5e5 in the protocol of February IL should DE
paid to Germany thirty days from tha' "a.e
Germany to-day requested MI bo"eh. ~
Venezuelan representative, to give orai' ioi
tho amount payabIe in Caracas OH the latter
date This latter request was made on pehaii
of the German embassy by Herr Baltazzi' for
merly Charge d'Affaires at Caracas. put WHO
has since come to Washington and has been as
sisting the embassy in the pending negotiations.
Mr. Bowen declined the request, at the same
time reminding Herr BaltazZi that ne was
bound by the terms OF the protocol, Whlch pro-
yided that the e., 800 should be paid at caracas
on March u to the diplomatic representative Oh
Germany.
what reason was given by the German repre-
sentative for making the request Is not known
Such draft, however, it is presumed, Wouio
be negotiable, and the result would De thdt 'he
Germans could Immediately obtain the money
il called for. The whole matter Is presumed
to hill ge on the question of the return OF the
ships. national and private which were taken by
the German vessels during the blockade, ana
regarding which there appears to be hitch.
Signor Mayor des Planches, the Italian Am
bassador made call on Mr.. Bowen to-day and
explained that he had been informed by his
government that orders had beeen issued by
the Admiralty on February IA, the day after
the signing of the protocol. giving directions for
the surrender of the ships taken by Italian
vessels.
Mr.. Bowen to-day prepared and handed to the
diplomatic representatives of the blockading
powers the drafts of the protocols for subnls-
sion of the question of the determination or
preferential treatment to The Hague tribunal
The unallied powers will be invited to join in
this issue after the protocols with the allies are
signed
New-York tribune., 1903-02-24
YOUTH CoNFESSES BURGLARIES.
Admits He Robbed Neighbors While They
Were in Church-Is Caught in the Act,

Sidney Foster, nineteen years old. Of Richmono
Hill. Long Island, arraigned before Magls-
trate HeaIy on Monday, cha rged with stealing
from neighbors' houses. He was held under
s.. 500 bonds for examination. Foster was caught
Sunday evening leaving the home of Frank H.
Woodruff Of No. 2SS Jefferson-aTe, Richmond
Hill The Woodruff family was at church, and
he had packed up jewelry worth about Soeo, and
was carrying it away in an alligator bag and
q tin box when arrested
Faster said two men now under arrest in
1,b5la6eInhia were with him when he entered
the clergvman's house, and that one OF them
vas with him in all his other burglarles except
tba+ of sunday He quarrelled with them before
the Philadelphia burglary of last Tuesday, ne
New-York tribune., 1903-02-24
NOT PUBLICLY THRASHED.
New-Orleans Man Says He Was Struck
Without Warning.
iBY TELEGRAPH TO THE rRIpuyr.I

New-Orleans, Feb 23.-The dispatch tele-
graphed from here on February H. rejecting on
George Denegre in connection with Bankson
Taylor was erronec-s. Denegre did not have
Taylor discharged from the New-Orleans Gas
light Company, and did not prefer charges
against him 20 the Boston Club, from which
Taylor was expelled. Denegre declares that
Taylor assault was unprovoked, that Taylor
struck him without notice or warning while Z
was sitting in a Womens restaurant and that
Taylor was elected from the restaurant by the
walters. Denegre also asserts that he did not
consult any one about challenging Taylor to
fight du'l. but, on the contrary, not consider
ing Taylor entitled to such notice, had him ar
rested, and that Taylor has since been fined by
the police magistrate
New-York tribune., 1903-02-24
CRITICIsEs LOW ADMINISTRATION.

A conference of Prohibitonist workers was held
I'm Tuxedo Hail. Fifty-ninth-st- and Madison-ave.
yesterday afternoon. The conference was called
by a committee appointed for the purpose by the
axAcutive committee the New-YoFk Prohibition
County Committee The purpose was 10 discuss
plans for the city campaign next fall
Fred \. Victor, city organizer for the party.
smoke on The Municipal Campaign of 1903. lie
took the present administration 10 task for its
failure to enforce the laws.
"But IL any one who read the election speeches OF
the successful candidate expected different ad-
ministration he is fit subject for examination as
10 his sanity" he said. He then proceeded to out
line plan of organization for the fall campaign.
New-York tribune., 1903-02-24
NO PHILIPPINE INVESTIGATION
Senate Committee Will Not Take furthef
Testimony Regarding Alleged Atrocities

Washington, Feb. 23.-The Senate ConnhI'ee
o,, the Philippines to-day decided 10 take iio
further testimony regarding atrocities aieseo ~
have been committed by United States army
officers in the Philippines Several men are III
the city in an effort to give testimony resatuiNs
the case of Father Augustin and the aileseu
1iolations of the rules of warfare at the pal'ie
of Caloocan and tomorrow they VIII present
their evidence TO Senator Carmack ol lelIles ~
n sil With a view to publication in The Congress
sional Record"
New-York tribune., 1903-02-24
JUSTICE SHIRAS RETIRES.
Supreme Court Renders Fifty-fve Decisions
in One Day.

Washington, Feb. 23.-ln accordance Win 'ie
terms of his letter of resignation, Justice Siii do
to-day retired from his Office as Associate JUS
tice of the United States Supreme Court Inc
DAVIS record in the matter of opinions hanoeo
down was one of the largest ever made. There
was an effort to clear up the docket OF cases
in the hearing of which Justice Shiras nao taheh
part. The number of decisions rendered was
hftv-fve, which left to be decided only twenty :
a,,e of the eighty cases which mad been areueu
and were undisposed of. Justice Shiras s.ai sa
for FLORIDA soon after the Adjournment Oh '"e
s,rf
New-York tribune., 1903-02-24
OTHER SUPREME COURT DECISIONS.

washington Feb 23-In the United States Su-
prerne Court to-day Justice Holmes delivered an
opinion the of the United States against the
crew and officers of Jhe vessel Mangrove- The
case involved the prize money for the capture of
lhe Spanish steamer Panama in the Spanish war,
The New York The Indiana and the Wilmington
claimed part of the prize hut the court held that
they were not within signalling distance at the
time of the capture and therefore were entitled 10
nothing.
Justice Brewer delivered the opinion in the case
Of the United States against Arthur Lyman holding
that in in which the property of private in
siiyiduals is destroyed through government i'm
propements the entitled to recover dam
ages. Lynah and Williams the owners of rice
plantations the Savannah River ruined, it is al
legged. by flooding account OF the construction
Of a dam by the government The court held the
destruction Of the land 10 be equivalent TO taking
81 for the purposc OF making improvements. The
Chief Justice and Justices Harlan and White dis
scented.
The court decided that the United States Circuit
Court for the district of Montana had been without
jurisdiction in the case of th- Boston and Montana
Consolidated Copper and Silver Mining Company
against the Montana Ore Purchasing Company,
thus affirming the opinion Of the Circuit Court it
purchasing company. The case is between two big
mining companies ard involves charges OF tres
pass.
In an opinion delivered by Justice Holmes. in
the case OF Kidd against the State OF Alabama, the
court h%lS that q State has the T1gnt 10 TAX the
stock OF railroads incorporated In another State
which Is held by estate in the State seeking TO
exercise the power,
The OF the Northern Pacific Railway Com
pany against John A Soderberg, involving the
question as to what constitutes mineral lands as
used in the act Of July >, 1864. was decided to-
dav in favor Of Soderberg. The railway company
sought 10 enjoin him from removing or disposing
Of granite from quarter section of land in Wash
tngton State, Of which he had taken possession
under mineral location. The court said: I'VE
Of opinion that this legislation consists with
New-York tribune., 1903-02-24
MANY SIGNED $4,000 NOTE.
Some Asbury Park Men Who Paid Part
Have no Receipt,

Asbury Park y j, Feb 23--In the wreck of the
First National Bank and OF the Monmouth Trust
Company here situation which is peculiar mas
arisen Some years ago The Asbury Park Ath-
lotto Association made note. 1t was indorsed by
all or almost all, OF the members. This note 1t
appears was discounted by the trust company. 1t
is for $4,000 Il seems that in the intervening
years a large part was discharged Those who
Maid are said to have nothing to show that they
did so and each is liable for the full amount OF
the note. The note found among the national
mar
New-York tribune., 1903-02-24
FURTHER DELAYS EXPECTED.
Control of Macedonian Agitation Difficult
Problem

Vienna, Feb. 23.-Although it is said that the
Sultan is willing to accept the scheme of re-
forms submitted to him. it is believed i'm Con-
stantinople that he will seek delay by dis
cussing and proposing modificat tions of the
reforms, while ii is evident that the Bulgarian
Government, even if it seriously attempts to
control the Macedonian agitation, will find great
difficulty in doing A violent press campaign
has been started in Bulgaria, and meetings are
against the suppression of the Macedonian com
mitteeS