VOL. XLVI. NO. 27.
fln Attack at Midnight
NATIVES CUT TELEGRAPH
AND ASSAULT OUTPOSTS.
Attempt to Destroy MacArthur's Line
of Railway Communication Be
tween Manila and Malolos—
Natives Repulsed.
Manila, April 11. —5:10 P. M. —At about midnight the
rebels cut the telegraph line at several places between here
and Malolos, and signal tires were lighted and rockets sent up
along the foot-hills to the right of the railroad. Later the ; n
cmv attacked the outposts of the Minnesota regiment between
Bigaa and Bocave. five miles south of Malolos, killing two
men and wounding fourteen.
Simultaneously the outposts of the Oregon regiment at
Marilao, the next station on the way to Manila, were attacked,
with the result that three Americans were killed and two
wounded. The loss of the enemy was ten men killed and six
wounded. The Americans also captured two prisoners.
Troops were concentrated along the railroad as thickly as
possible, and the rebels driven back to the foot-hills.
'Flic road-bed of the railroad was damaged, but it was re
paired almost immediately, and traffic was soon resumed
through to Malolos.
DISPATCHES RECEIVED FROM GENERAL OTIS.
Washington, April 11. —The following dispatch has been
received from General Otis:
‘‘Manila, April 11.
“Adjutant General, Washington:
“Insurgents attacked MacArthur’s line of railway com
munication last night in considerable force; repulsed by
Wheaton with heavy loss. Wheaton's casualties three kill
ed, twenty wounded.
(Signed) “OTIS.”
The following dispatch gives additional information con
cerning the fight of Santa Cruz:
Mahila, April 11.
“Adjutant General, Washington:
“Lawton’s success at Santa Cruz more complete than re
ported yesterday. Enemy left ninety-three uninformed dead
on field and number seriously wounded. Lawton captured
city without destruction of property. Lieutenant Filing only
officer wounded, slight, in hand. Enemy retired eastward:
Lawton in pursuit early this morning. (Signed)
“OTIS.”
5:55 P. M. —It is supposed that many of the rebels who at
tacked General MacArthur’s line of communication and who
were repulsed by the troops commanded by General Wheaton,
were natives who entered that region in the guise of friend
ship. They had seemingly secreted arms in several places
and fired on the Americans from the bushes at so close a range
that they could be heard talking. One of the Filipinos veiled
in English:
“Wo will give you damned Americans enough of this be
fore we are through.”
'Fhe rebels undermined the railroad at Marilao and unspik
ed the rails in an effort to wreck a train, while the railroad
gang participated in the fight. The work of the rebels was
discovered and repaired before the train arrived.
General Wheaton is preparing to punish tin l Filipinos.
The military gunboats Napidan and Laguna do Hay have
succeeded in entering the Santa Cruz River and have cap
tured a small unarmed Spanish gunboat and three launches
which they discovered there.
The military gunboat Oeste has brought thirty-two rebels
wounded, ohe dead Filipino and six wounded Americans to
the hospital. It is known that ninety-three insurgents wort
killed during the capture of Santa Cruz.
MR. E. W. ITITE DROPS DEAD OX THE STREET.
One of Henderson’s Most Prominent Business Men and An
Earnest Worker in the ( Miurch.
Henderson, Ah C., April 11. —(Special.)—Mr. E. W. Hite,
one of our leading business men, dropped dead on the street
about 4 o’clock yesterday afternoon. His death was quite a
shock to the community. Mr. Hite was seemingly well at din
ner, and was laughing and talking to friends up town a few
moments prior to his death. lie went to get his mail, and was
returning to his place of business when he fell, dying in
stanly of paralysis of the heart.
Mr. Hite was a high-toned, Christian gentleman, and
could with truth be called one of the pillars of the Methodist
church.
Ho was 44 years of age, was born and spent his early life in
Mecklenburg county, Ya. lie became a resident of Hender
son eighteen years ago. lie was engaged in the coal business,
and no man here was more highly respected —his word was
his bond.
Mr. Hite was the brother of Mrs. Cora Gregory and Miss
Laura Hite, of Henderson; Mrs. Sterling Northington, Mrs.
Robert Bailey and Mr. Lynne Hite, of South Hill, Va.; and
tin* late Mr. Robert Ilite, of Petersburg, Va.
The funeral services will be held from the M. E. church
tomorrow morning (Wednesday) at 10 o’clock, the Rev. A.
MeCullen to officiate. The following are the ]tail-bearers:
Messrs. W. E. Gary and R. R. Pinkston, J. L. Currin and W.
T. Cheatham, A. B. Thomas and J. TT. Goodrich, R. J. Cor-,
belt and J. 11. Bridgers. _ |
The News and Observer.
LEADS ILL NORTH CAROLINA DAILIES ll lE*S 111 CIRCULATION.
RALEIGH, NORTH CAROLINA, WEDNESDAY MORNING, APRIL 12, 1899.
THE GERMAN PRESS BITTER.
It is Semi-officially Declared that if England and
America do not Heed Diplomatic Remon
strances, Those Remonstrances
Will be Fortified.
Berlin, April 11. —Dr. Joannes Raf Tel, the former German
President of the Municipal Council of Apia, has arrived here
and had several long conferences with the officials <>t tie*
German Foreign Office.
The Lokal Anzeiger today prints an interview with Dr. Rat
fcl in which he is quoted as saying:
“The decision of Chief Justice Chambers in favor of I amt
was partly due to the fact that Mataafa is a Catholic, while
'Fanu is a proselyte of the English missionaries.
“Mataafa is the only King the Samoans will tolerate.”
There has been a sudden veering of views upon the part of
both the Minister of Foreign Affairs, Baron Von Bwelow and
the Emperor.
A Foreign Office official said tonight to the correspondent
hereof the Associated Press, in energetic language, that Ger
nanv. before engaging in an investigation of the commission’•>
work must insist upon the American and British Govern
ments unmistakably disavowing the flagrant violations com
mitted l>y Admiral Kautz and Captain Sturdee. In the ab
sence of a disavowal, for Germany to join the commission
would be a mere farce, lie added:
“When the commission starts it must start on the status quo
anti not on a status created bv the illegal acts of suWdinates
in Samoa.”
More energetic still is the semi-official announcement of the
Hamburg correspondent, which declares that “it England and
America do not heed the diplomatic remonstrances made in
London and Washington these remonstrances will be forti
fied,” adding:
“Germany insists upon receiving full satisfaction for the
number of breaches committed in Samoa.”
The tone of the German press during the last two days has
been most bitter.
Inquiries made by the correspondent of the Associated
Press at the Foreign Office have elicited the statement that
nothing is known of the alleged British annexation of the
Tonga Islands, and it is not believed such action lias been
kaktf'f as /It is claimed it would be a gross violation of the
Anglo-German agreement of 1886.
NO DISAVOWAL WILL BE MADE*HERE.
Unless it is Clearly Proven That Admiral Kautz Was in the
Wrong.
Washington, April 11. —As a result of conferences held at
the State Depuartment and at the British Embassy, efforts
will he made to have the Samoan high commission make a
quick trip across the country, reaching San Francisco in time
to catch the boat leaving for Samoa one week tomorrow.
This is regarded as a distinctly favorable turn in the negotia
tions, and as indicating that the three Governments are very
near to a complete accord on all the points of the commission.
It does away also with the reports that Germany was with
holding the appointment of her commissioner, and makes
practically certain that Baron Speck von Sternberg, F‘ st
Secretary of the German Embassy here, will lx* the German
high commissioner.
As it lias been strongly intimated in the Berlin dispatches
that the German Government was about to make a demand
for a disavowal of Admiral Kautz’s actions, it may he stated
that our Government will certainly not accede to any such
request in advance of a full knowledge of all the facts in the
case and a conviction that the Admiral acted wrongly, the
presumption,! always being that our officers have acted with
due propriety until the contrary is shown to he the ease. I t
Admiral Kautz found Mataafa, the self-constituted King,
with his thirteen chiefs, dominating the affairs of the island,
involving the suspension of the functions of the Supreme
Court, and of tin* municipal council, formally and duly estab
lished hv treaty, then il was his duty, according to the State
Department, to bring the conditions at once into conformity
with the treaty. If this involved the dissolution of the pro
visional government there can lx* no legal complaint, it is
said, by any one of the three treaty powers who have bound
themselves to carry out and maintain the treaty of Berlin.
Some surprise is expressed l>v the Department officials at
the misconception entertained in Germany of the terms of
Admiral Kautz’s proclamation, and it is pointed out that ac
cording to the* terms of the proclamation as printed here, Ad
miral Kautz did not say “that all three consuls had expressed
a willingness to annul the provisional government,’ but that a
meeting of the consuls had been called and that a decision
had lieen reached to annul the provisional arrangement,
POPE EULOGIZES CZAR’S MOVEMENT FOR PEACE
Rome, April 11 Pope today received the members of
the Sacred College, who congratulated the Pontiff on his res
toration to health.
In his address to the Cardinals, the Pope, after expressing
gratitude tie; the Dictv for his restoration to health and his
thankfulness for the proofs of affection from all parts of the
world, warmly eulogized the Czar’s initiative in calling the
peace conference and expressed the hope that it would lead
to the settlement of all disputes between nations by moral .nd
pacific means.
Washington, April 11. —The State Department has sent
strong instructions to l T iiitod States Minister Merry to be pre
sented to the Nicaraguan Government at Managua, looking
to the discontinuance of tin* practice of the recollection of
taxes already paid by merchants there. I
FINAL STEP TOWARD PEACE
Exchange of Ratifications Between the President
and M. Cambon at the White House. The
President’s Proclamation. The New
Minister to Madrid.
Washington, April 11. —The condition of war which has
existed between the Tinted States and Spain since April 21st,
1868, terminated today, when the last formalities in the res
toration of peace were performed by the exchange of ratifica
tions of the peace treaty. Coincident with this President Mc-
Kinley issued his proclamation declaring that the Avar was at
an end, and tlx* appointment of Bellamy Storer was determin
ed upon as United States Minister to Spain.
The principal ceremony of the day occurred in the recep
tion room at the White House, when the exchange of ratifi
cations took place at 3 o’clock. In anticipation of the hi-toric
character of many members of the Cabinet and
officials prominent in the Administration, gathered at the
White House.
Shortly before 3 o’clock the French Ambassador, M. ( Mil
lion, arrived, in company with M. Thiebaut, First Secretary o!
the Embassy, the latter bearing tin* Spanish copy of the peace
treaty. Mr. McKinley cordially greeted the Ambassador,
and after a brief exchange of well wishes, the formal cere
mony liegan.
'Flic powers of Mr. Cambon and Secretary Hay were ex
amined, a protocol concerning the day’s ceremony signed and
other formalities concluded. These preliminaries took some
time, so that it was nearly 3:30 before the actual exchange be
gan. The signing of the protocol of exchange occurred at
3:28 P. M., Ambassador Cambon signing for Spain and sec
retary Hay for the United States. The protocol was in
French, and briefly recited the circumstances leading up to the
exchange. This cleared the way for the exchange itself, con
stituting the final act. The President took from the desk the
American copy of the treaty, handsomely engrossed, bound
in dark Morocco and encased in a black Morocco portfolio,
and handed it to M. Cambon. At the same time M. Cambon
handed to the President the Spanish copy of the treaty, also
engrossed, bound in Morocco and encased in a- maroon-colored
Morocco box. There wore deferential bows as each received
from the other this final pledge of peace. The exchange of
ratifications occurred at 3:35 P. M. 1 lie President was the
first to speak.
“Mr. Ambassador,” said he, “I will issue my proclamation
at once.”
M. Cambon thanked the President for the promptness with
which the proclamation followed. This ended the formal cere
mony, and after brief felicitations the Ambassador and other
officials withdrew.
The effect of the action taken today is to completely renew
the peaceful relations, trade, official, diplomatic, consular,
and in all other ways, between this country and Spain. Fol
lowing the appointment of a United States Minister to Mad
rid and a Spanish Minister to V ashington it is expected that
(Vhisuls will bo -sent to Barcelona and other large places in
Spain, where our consular representations were suspended by
the Avar. At the same time Spanish consuls will be appointed
throughout; this country. For a time the trade and naviga
tion between the tAvo countries Avill proceed without treaty
protection, as the Avar pur an end to the commercial treaty, hut
a treaty of trade, navigation and commerce, suitable to the
neAV conditions and the needs of both countries and also an
extradition treaty will he negotiated soon.
After the ceremony President McKinley issued the fol
lowing proclamation:
“Whereas, a treaty of peace between tlx* I nited States of
America and Her Majesty the Queen Regent of Spain, in tlx*
name of her august son, Don Alfonso Nil I, Avas concluded
and signed by their respective plenipotentiaries at Paris, on
the tenth day of December, 1868, the original of which con
vention being in the English and Spanish languages, i- word
for Avord as follows:
(Here full text of treaty is included.)
“And whereas, the said convention has been duly ratified on
both parts, and the ratifications of the t-AVO Governments were
exchanged in the city of Washington, on the eleventh day of
April, one thousand eight hundred and ninety-nine;
“Now, therefore, be it known that I, William McKinley,
President of the United States of America, have caused the
said convention to he made public, to the end that the same
and every article and clause thereof may he observed and ful
filled with good faith by the United States and the citizens
thereof.
“In Avitness Avhereof I have hereunto set my hand and
caused the seal of the United States to be affixed.
“Done at the city of Washington this the eleventh day >f
April, in the year of our Lord one thousand eight hundred
and ninety-nine, aixl of the Independence of the United
States the one hundred and twenty-third.
“WILLIAM M’KINLEV.
“By the President:
JOHN IIAY, Secretary of State.”
BELLAMY STORER, MINISTER TO MADRID.
Washington, April 11. —Mr. Storer’s selection for the Mad
rid mission is a distinct promotion, in the diplomatic line.
The difference between Brussels and Madrid in compensation
is not considerable, but in the light of recent events, the lat
ter has come to lx* of much importance. Mi's. Storer is a
Catholic.
It is assumed here that the Due D’Areos, late Spanish
Minister to Mexico, avi 11 he named as Minister to Washington
and the officials sincerely hope that this Avill be done, for the
Duke is most favorably knoAvn in the United States, and is
declared to he avoll calculated by disposition and inclination
to speedily restore mutual good relations between the United
States and Spain.
Wsathei Td-Dayi rAite WARMER
Court Decides *, J Day
SAYS LEGISLATIVE ACT WAS
UNCONSTITUTIONAL.
Justice Clark Dissents in an Able Opin
ion That Correctly Construes the
Law—Court Goes Fusion—
Furches Writes Politics.
Though Avhat is said bcloAV is not official, it - probably no
less true.
'Fix* Day case, involving title to superintendency of the
penitentiary, has been divided by the Supreme court.
That opinion Avill probably be handed down Fuesday, the
next “opinion day.”
It is quite a lengthy one, going fully into a discussion of
tlx* questions involved.
The Avriter of the opinion is either Justice Montgomery o?
Justice (Mark.
'Fhere is reason to believe the decision is in favor of Day.
But maybe not. For this is not official.
If it’s Avrong no harm’s done. If it’s right I’ll throAv my
self a bouquet.
We’ll Avait and see. There’s nothing else to do.
Whether or not tlx* decision Avill go to the extent of de
claring that all appointments not specially named in the
Constitution shall devolve upon the Governor. I do not kuoAV.
It probably Avill not. —From the Ncavs and Observer, April 2.
A
The expected has happened. The above prediction
come true to the letter.
It was too cold for bouquets, so I just shook hands with
myself in Avarm congratulation. 1 may iioav sit among tlx*
“I-told-you-sos.”
Ilow did I find out so far ahead ? Why it was a political
question, so I talked to Republican politicians. Just try the
receipe next time for yourself.
The opinion was Avritten by Justice Montgomery. From
this Justice Walter Clark dissented. In reply to this dissent
Justice Kurd ties wrote a political dissertation which lx* ha
labelled a “concurring opinion.”
In Judge Montgomery’s opinion, which is the opinion of
the court, it is held that it is not competent for tlx* Legisla
*iui‘h to oust thoJineumbent of an office and then continue
the office with substantially the same duties imposed; and
and the fact that the duties to be performed are transferred
to three persons instead of one makes no difference . 1 his
rule applies to offices created by the Constitution jus well as
to those created by statute. The office of superintendent of
penitentiary is not a constitutional office.
Judge (Mark holds, in his dissenting opinion, that the office
of superintendent of the penitentiary Avas actually and en
tirely abolished by the Legislature, the power that created
it; tlx* fact that the penitentiary must still lx* governed is o
proof that the office of superintendent is still in existence un
der another name. “ Fix* management and control of the
State Prison is essentially a governmental function. It is an
indispensable part of the administration of the criminal hues
of the State. No Legislature can deprive the State of that
power by giving it away or bargaining it away.” Judge
(Mark further holds that “if an office once useful should be
come useless and an unnecessary charge upon tlx* people, it
is not only a right of the Legislature to abolish it. lmr it is
duty to do so. ’
It is a poAverful legal argument —this opinion <>f Justice
Clark's —clean-cut and logical, it must carry conviction to
the minds of fair-minded readers.
It is an opinion that turns on the other side their own gun-,
makes them writhe; and none more than Judge Lurches, who
straightway rushes to Judge Montgomery’s rescue. Work
ing himself into a holy partisan passion Judge Furches deliv
ers himself of what he considers a mighty reply to Judge
(Mark, lb* declares that the office of Superintendent- of tie*
penitentiary has never been abolished, “that the office is in
tangible and consists in the duties of the office, and while
these duties are combined, the office is continued.”
No opinion in this State in recent years has attracted mor‘*
general and Avide-spread interest. For the past Aveek little else
has been talked of among politicians.
Fivon before the hour for handing doAvn opinions yester
day a number of laAvyers Avere impatiently waiting in tlx*
halls; and during the afternoon nearly every member of tlx*
Raleigh bar (called at tlx* clerk’s office to get a peep at the
decision.
(’apt. Day and his attorneys Avere there, of course —all
happy as new brides.
“I’m not surprised at the result,” said the captain. “1 was
sure I’d Avin. Now I’m going to do mv best t<> conduct the
institution on business principles.”
“Gan you get any money?” he was asked.
“Oh, I don’t contemplate any trouble on that score. The
opinion says nothing on that, line, but there’ll he no trouble
between me and the ix*av board as t<> that.”
And the Captain Avent to the telephone to tell his wife,
“I've heat em.”
Then then* were Dr. Abbott’s attorneys, anxiously turning
through the different opinions and declaring the opinion fitted
their case like the paper on tlx* Avail. Then there wen* Han
Patrick’s friends declaring lx* was now pertain of the balance
of his term as president of the A. and N. C. Railroad, Avhile
others contended that Theophilus White, the shell fish com
missioner, and Dr. Burns, the keeper of the capitol, Avere all
in the same boat.
Dr. Burns Avas there in person, all smiles and good spirits.
PRICE FIVE CENTS.