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.

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