The
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RALEIGH, N. C, TUESDAY, NOVEMBER 13, 1900
No144
STRIKES AT THE ROOT
Case in the Supreme Court
as to Status of Porto Rico
POINT FAIRLY PRESENTED
Go(ze & Co Contend that Porto HIco
Became an Integral Part ol the Uni
ted States by tbe Treaty of Paris and
that Duties Imposed Upon Import
from the Island Previous to the For-
aker Act Were Unlawful.
Washington, Nov. 12. Case -No. 340,
beinc that of John II. Goeze & Co.,
importers, of New York, against the
United States, and case No. 410', being
styled Fourteen Diamond Rings against
tue United States, were reassigned on
the calendar of the Supreme Court to
day, so that argument in both cases may
bo heard November 17.
The case of Goeze &j Co. is a suit
against the legality of the, collection
of tariff duties on goods shipped from
Porto Rico to New York between the
time of ratification of the' treaty of
peace between the United States and
Spain, ami the approval of the act for
tbi- "'ovprnment of Porto Rico. Argu-
" - c
meat in the case was set for today,
;;ul in the other case it was set for
.la unary 7. Because of the cognate
nuesrious involved in these two cases
the first was postponed and the second
advanced to December li.
Edward C. Perkins of counsel for
Goeze !c Co., contended that inconve
nience would be ' caused to counsel in
his case bv a postponement until Janu
arv 7. and he asked that the case might
mine on to hearing December 3. John
il. Carlisle, who was referred to by
Attorney-General Griggs - as counsel in
several of the cases pending m the L-ir
ciut Courts, could give no assurance
to the Supreme Court that these cases
won id be ready for argument before that
tribunal January i.
After conference between the justices,
the chief justice announced that the
Goze and the diamond cases would be
reassigned on the ' calendar and that
argument might be heard December 17
The Goeze case is an appeal from -a
decision of the Circuit Court of th
United States for the Southern District
of New York, allirruing a decision of the
Hoard of United General Appraisers
which overruled the appellant's protest
and affirmed the decision of the col
lector of the port of New York, assess
ing a duty under the tariff act of 1807
upon merchandise shipped from the port
of Arecibo in the island of Porto Rico.
May 27, 1800, and brought into the port
of New York June 0, 1800.
The treaty of Paris was signed on
December 10. 1838. Porto Rico was
then in the military occupation of th-.
United States, the Spanish forces ha. -
ing been withdrawn in accordance with.
the peace preliminaries. The treaty
was continued by the Senate February 0,
1800, and the ratifications were ex
ehanged and the treaty proclaimed April
11. 1S!.I9. By article 2 of the treaty
'"Spain cedes to the United States the
island of Porto Rico." By article 0,
after providing for the right of "Spanish
subjects, natives of the peninsula" to
retain their nationality if they so elect,
it is declared that "the civil rights and
political status of the native inhabitants
of the territories hereby ceded to ine
T'nitcd States shall bo determined by
Congress." The tariff act of July 24,
1N07, imposes duties only upon "articles
imported from foreign countries."
The appellant's claim to a return of
the payment exacted from him by the
collector rests upon two propositions
of law. one depending upon the tariff
act and the other upon the Constitu
tion. They are:
"That Porto Rico, when the appellant's
goods were brought thence to New
York, "was not a foreign country, so
that they were not within the piirview
of the tariff act.
"That Porto Rico at that time was
within the United States, f-o that if n
tariff were to be construed as imposing
a tax upon merchandise so ci; cumst;;:ic
ed the imposition violated the provi ion
the section S of article I 'of the Consti
tution that "all duties, imports and ex
cises shall be uniform throughout the
United States."
The board of appraisers he'd that
"while Porto Rico was umju st'o-iably
a part of the United States in tie se.se
it was owned by .this government and
was completely under it-- sovereignty"
it was "foreign to the United S rues
for fiscal or tariff purposes." because it
had not been brought under the domain
of the nation by special legislative ac
tion by Congress. ' -
They considered that it followed from
this that taxes ought to bs collected
under the authority of an act of Con
gress without regard to the constitu
tional prescription of uniformity, and
that such a question wrs essentially dif
ferent from that which Would have
leen presented if Congress had under
taken "to pass laws for the government
-of this newly acquired tTrj'o-y, .-nd
had passed a tariff act extend in ir ov.r
the island with rates of dut- different
from those imposed by "the general
tariff laws aopli-vhle to other parts of
the -country," and upon the constitu
tionality of such action on the t art of
Congress .they expressly declined to
pass.
. This case strikes t the legality of the
existing tariff . levied upon prod nets
from that island and seeks to affirm
the doctrine that Porto Rico is bv ces
sion an integral part of the Ucited
States.
In every case affecting Porto Ri-o -so
far brought the courts have voided an
opinion on the essential question in oiv
ed. but lawyers of high standing beli.-v
that in the present action the vUaI
question cannot be set aside. '.
One of the reasons, it is said, why the
tuttinipy general moved for postpone
ment until January. 7 is that such post
ponement would carry the ca e along
until I'ongross shall have been in ses
sion for a mouth, -by which time there
may be some crystalization of, policy
with respect to the new possessions of
th United States.
There is a possibility that free trade
mav bo pst?Kii.ahAfi between the United
States and Porto Rico without the
court, and to this end every energy of
the administration will be directed, be
cause a decision' favorable to import
ers in the Porto Rican caseq will force
a reversal of the administration's pol
icy in the Philippines.
The Foraker act, which, imposes a
duty of 15 per cent of the existing rates
against Porto Rico provides' that when
the legislative assembly of Porto Rico
shall have put into operation a system
of local taxation for the proper support
of the Porto Rican government and te
President has been ofiiciallr Informed
of the fact, the President shall direct
by proclamation that all ' duties shall
cease between the isiand ani the Unit
ed States. In no event are duties to be
levied after March . 1902. -It
is the intention of the administra
tion to hasten tbe establish jaent. of Hiis
local system of taxation as quickly tis
possible. The House of Delegates of
Porto Rico was elected last Tuesday
and will meet in January.
Attorney General Griggs hoped that
the Supreme Court would poston iha.
Goeze case until after the Porto Riean
delegates should have convened. IT1
was not successful in this, but he se
cured a postponement until after the
meeting of Congress.
RACES AT AQl EDCCT
Results of Kvtnts on fhi Track at
Aqadnct Yesterday.
New York, Nov. 12. Results at Aqu
duct track:
First Race, about mile Prince
Richard, 7 to 1; 'Godfrey, 7 to 5; .Water
Cure, 3 to 1. Time, 1:20.
Second Race, C furlongs Military,
12 to 1; Glade Run, 3 to 1; Roe Hamp
ton, 7 to 5. Time, 1:00 1-5.
Third Race, 1 mile 70 yards Miss
Mitchell, 0 to 1: Leon Ferguson, 7 to 5;
Fatalist, 7 to 2. .Time, 1:48.
Fourth Race, 1 1-10 miles Florain,
4 to 5: Borough. 3 to 1; Sir Fitzhugh,
7 to 2. Time, 1:49 4-5.
Fifth Race, b furlongs Barbette, 5
to 2; Alsora, 3 to 1; All's Well, 9 to 2.
Time, 1:09 4-5.
Sixth Race, 1 mile 70 yards Klnni
kinic, 3 to 1; Belle of Troy, G to 5; King
Bramble, 3 to 1. Time, 1:47.
Lntrirs for Tiay
First Race, mile, selling Elsie Skip,
100; Midnight Chimes, 103; Unsightly,
105; Lady Contrary, 105; Ortrude, 105;
A Hire, 105; Belle of Orleans, 109; Betrie
Gray, 114; Decimal, 100.
Second Race, i mile. 2-year-old, handi
cap Isia. 114; Himself, 109; Beau Or
mand, 107; F. Callahan, 100; Glade Run,
100; Princess H., 10G; George, 103; Kid,
102; Cresson, 102; Snurk, 100; Prince
ton Girl, 93; Anna Darling, 90.
Third Race, 1 mile 70 yards, sell
ing Hawk, 97; Doiando. 103; Templar,
95; Tartar, 101; Sea Robber, 100; Tinge,
100; Cephalagra. 101: Dye, 102; Rad
ford, 100; Magic Light, 97; Bannock,
100; Kxcelsis. 99.
rourth Race. 1 1-16 miles, handicap
Tintrusive, 120; First Whip, 114; King
Barleycorn, 109; Kiunikinic, 101; With
ers, 100; Grey Feld. 104; Carbuncle,
OS: Alsike, 97; Rochester, 92.
r if th Race, about mile, 2-year-old
maiden, selling Frank Hall, 93: Isaac
Hopper, 10 : Sunro, H4r Chaos, 93;
Hinsdale, 101; Colonel Ballentine, 110:
.Ziegfeld, 03: Arverne, 107; Ante Up,
; liija.- tni; orreet ioy, jam; r ora,
9S; American. 107; Marshal Neil, 104;
Mark Lane, 104; Orderer, 98; Dactyle,
90: Salvaleta, 101.
Sixth Race, 1 mile 70 yards, selling
Templar, 99; Give and Take. 97; Mill-
stream, 10G; Doiando, 109; Chamberlain, I
10G; Harry McCouri, 102; . Tartar, 101; j
Double Dummy, 103; Dan Uupid, 98.
ESTIMATES FOR THE NAVY
n Increase of Thirty .Tlllllons Becom
mended In Animal Report.
'Washington, Nov. 12. An increase
of more than $30,000,000 for the ex
penses of the naval establishment is
provided for in the . estimates of the
bocretary of the Navy for the. fiscal
year ending June 30, 1002. The esti
mates just submitted by the Secretary
of the Navy to the "Secifitnry of the
Treasury for transmission to Congress
Cafl for appropriations aggregating $87.
172,030, an increasa of estimates over
apipiHwn'ations -for t.ie cuiTent year of
$31,183,531, the new items in the
mates aggregating $D,241.S37.
largest sine item of increase of
nates over apjs-oavna'tionx is isi . 112,
credited to the c.t ut ons trivet ion and
machinerj- for nct vessels. This year
the amount available for this "purpose is
$12,740,000, and the estimates call for
$21,772,017, for the next fiscal year.
Uther large items of increase arc the
Mlmving: pay of the navy $l",12r.Gy4,
increase -2.iT4, 8 : Bureau of Eiiu.p-
ment, .?4,404,O2, increase $1,12'. '
tm'hlic -works -under the Bureau of Yards
nnd Dot-ks, S12.3O2.540,- increase $8.73.,-
00; inibhc woi-ks at the Navy Academy.
$3,000,000, increase $2,850,000;- Bureau
of Sur-n-lics and Act'aunts, $4,843,840. in
crease $2.112.(17; Bureau of , Construc
tion, $S,070.S24, increase $1,840,000:
Bureau of .fctr-am .K-rj net-ring. S3.72.-
000, increase $1,148,600.
APPOINT.TISNTM !N TI3E ARMY
Vacancies In Various Drpartmsnts
iTIako Room for Promotion
Washington, Nov. 12. -The President
tod'av made the following appointments
in the regular a rimy:
Cantain Henrj' P. McCain to be
Tn'fliir and assistant adjutant general;
T:intnin James T. KerrrSeventeenth In-
M . . . , . - i
to he major ann iss:siniic n-u.ya-t
and m-i
ant Wii-
captain
and commissary of sufosistance.
tant genera; captain -joun u
iberlain. lirst .Artillery, major
?Tetr-r isreiierak First Lieuten
Ham N. Hart. Seventh Cavalry,
hi WJ1IU.SBUIJ v wrUBl"v.11': . ,Laf the entire vote of the State oTiTKobe and lokohama, uctooer xt. uur
The vacancies -in fhe . adjutant gen'JJL'tVwLw iIflL,w;iL iin, the blow Canlain Seabury was
The vacancies -in Am
eral's. department were
v ' v-L'"--i. , , . , " . . i
promotion ot : raeru a-cmir iqoe
brigadier e.inmJJ
2nd the Tenrenient of onel V iHiam
eSfs dertmearcaedXVhe '
competitive examinations from among
Xthe candidates jn-the regular army:
f
N,Sro Soldier, to Be Tried Tor JIurd.r
El Paso. Tex., Nov. lis. A special
venire of 300 men has been, summoned
from which to select a Jury to try six
negro soldiers of the Twenty-fcfth in
fantry accused of raiding the city po
lice station here last winter and mur
dering Policeman Newton Stewait.
Their alleged leader, Sergeant John Kip
per, has been tried found guilty cf mur
der and sentenced to life unpnaonment.
min 'themiwaw uYt-SW those who wish t?. purify th
hv ho death of Major Peterson. I te v a noa-pa u projectfon ct
,0-:nrment in th. insoector gen- l tfce oaiiot anu au? eievanon o; rue ju-
erafs and adjutant . general's depart- dlciary anove parusan xnnnence to pre
nai o,iu -.rj- t. .!-- .i: nnre asram and wage a still snvmer
Tt-a wtrp ranut' u wu iut- result or " : r
YERKES GIVES IT UP
Election of Beckham Will Not
Be Contested
FIGHT ON OTHER GROUND
Four Defeated Candidates for Congress
fflll Make Contests and Ask the
House to Investigate Kentucky Elec
tions Republicans Hope to Land
Judge Oreor on the Bench of the
Court of Appeals
Louisville, Nov. 12. Republican State
headquarters were closed this motnir.g,
and so far as the, State campaign com
mittee is concerned, the fight is over.
It was decided today that no contest
for governor would be filed by tha Re
publicans against Aiecjtham, . but that
four Republican candidates for Con
gress who are defeated, on the. face-of
the returns should file contests and de
mand that Congress investigate the elec
tion to Kentucky.
The Republican committee gives as its
reasons for not contesting the guberna
torial election the fact that if a contest
should be filed by the Republicans the
Democrats would retaliate by contesting
the election of Judge O'itear as appel
late judge and the Goebel State couits
would count him out.
The election of O'Kear is regarded- by
Republicans as of more importance thn
even the election of Yerkes as governor.
Vith O'Rear on the bench, the Repub
licans will have a majority of the c.'-urt
of appeals which; is important in view
of the political cases that are appealed
to that body. j
The official count is still on, several
counties not having -reported. On the 1
fate of the returns, Beckham wM have;
about 2.800 plurality. Ia nine counties.!
310 ballots cast for Yerkcs were re-; haps P am as raucn inTere:,xea m &en.i
jected by the Goebel counting boards on ; for Frye's ship-subs.dy bill as any other
technical grounds. If foese ballots wi
counted, it is claimed that Yerke
would have a plurality.
REPUBLICANS CRY FRAUD
They Charge that the Will of the Peo
ple of Kentucky Was Defeated
'Louisville. Nov. 12. he ichairman of
the .Republican State Committee has
issued this: : .
To the PaMfc: In closing its .wotk
the Republican Ma!? Legislative Com
mittee desires tr make soime statements
on the result of the recent election and
the conditions under wh-isn" it wss held'.
!i uat tnis ejection was neici unaer tne
Goebel law was not an accident but! wa-i
a deliberate -purpose decided uixm -liy. the
cojiti-olling vinnnence" in ("he -GoclbeC De
mocracy months' ago. and it was held
under that election law because they di
not dare to go .before the .peciple .with
any less pawer to defraud thraicf their j
electoral rights than was given rlicni;
hundreds of Rdprtlican .ba. lots where :
the intention f the v4er was evident, j
upon trivial objections, ground for
which had. in nearly every instance.
! "had ben prepared by the Gof ibel elec
tion officers themselves or their con
federates: with the decision of every
unui.. uiui iui.miuii juT-a-uiv. i. , ajHwi ue uuuujtu -m-. t c v nortuern .ports, is. the 1 arrest employer
the?- were tight in this view of the con-! charged it was - just like charging a Ic,t ! of "labor -in the State emplcvin
dition of public opinion in the State of ot . sOieep. Kvwy Oi'inoman .we -amcj T).eo,pie 0ut of a total population "of 250,
Ken'tncky has been demonstrated by rhQkarass we wouSd shoot, or Ju'u .with our ooq jt reduces 4 030 tons of ore every
results of the election just Hosed, W -th T bayonets. We havo great ifun with the day aml during 1898 cut more Jumber
the hclJ, wholesale frauds (in. Breath it, Chinamen. When one 'of them kms than anv other establishment in the
Greenup, Warren, Fayette and, Logan;: irross-eygd we pr.fnt our pistols and make UnftJ States.
with the refusal to ount hundreds Jiponj.hcm-dance. Th'ey do all our heavy !Mr. Daly wa a member of the Mon-
Democratic challenged voter in fnv'or cf Waskington, Nov.
the I!)eniocra'ts and nvirh the decision ofjment of Moroecco ni
?ver ciiailengert jtepv-ibiican voter, meet tne aemanas oi te unuea states
agaiiist the Repuibli:Can; with ,Dcmo-for the payment. of an indemnity on ac
cratic officers of election in the booths '. count of the killing by a mob of Marcy
in places with air.ns and badges of de-i E'ssagin, a naturalized American citi
iitv sheriffs: with an unfair icrinw of 1 sen. .
the ballots by tihe county commissioners
in many places and a -secret ses3iou lor
esii-: tne p.urposc or maKin-g an yomciai count! nation ut lue'uvemmcut w -,1.Ui -' ! jri-ess a'e'ain'ft
in others; with precincts showing Ke- was accompaniea oy an intimation czi n & js a-i
esti- tmb'ican majorities thrown out upon i its. ireeaom rrom uaDtnry unaer met vrfhpj .ur . -
te'chnlcalities in some coantres andf teran9 of the coavenuou Between lo
Ieni(cra'tic predn'Cts where the same. ' rocca and Spain.
irregularities existed, counted in other The State Department has come to
coitnties, the Goebel commi-ssioners have the conclusion that' the consul's repres?n
onlv been able to .show a small plurality-; tations will be more effective if he is
of votes for Mr. 'Be'ckham as governor. supported morally by the presence in
The aggregate of the fpecihe frauds -LMorocco waters, or a unixea states war
a.bove des'crlbtyl would hve elected John! ship. It is probable that he-will make
AY. Yerkes as governor without consider-; his visit to .Fez to again present , the
;.n ti frsiiiil fomro:ttoi under thb I ease as a nasss'enger, on a vtssel to be
(Joebel law this year that, have been 1 selected by tne Aavy jjepartment; ror
more artfully concealed and which were that purpose.
far mom extensive and systematic than ; ;
last year. The calculation of the Demo- Treasnrr Receipts Largest on Record
tTatic managers as to, the amount cc? Washington. Nov. 12. The annual re
fraud necessary to strure the election on ,port 0f tne Treasurer of the United
the face cf the returns was more nicely States, Ellis H. Roberts, on the opera
counted, but enough facts are aproatient j tions an(j conditions of the Treasury
to any candid man to etablsh the htt-j-a3 submitted to -Secretary Gage to
miliating nd miss-ion that 'the-win of thfcj (jay.
people of this 5tate has been over- "jlr. Roberts says the growth and
thrown once more by fraud.5 ; prosperity of the country and the gen-
The result of this election, when , ntiritv of . business are. reflected
imMlli,rIll.!UIJV fOIlSsHItTiU, IS J.UU 1i UVIi:
and without discouragement. As lon&
as we can hotw a substantial growth
of strength in behalf of the .great prin
ciples for which we are contendinig we
may look forward with abidinig faith, ih
the power of the peonle to sworn 'thpth
selves. In the contest which is just Over
tnere was no large silent vote wh--
there was no third ticket with a large
T,rfcf a TvTira Tn f n rn ovtfU.n vtc Vru 4-elrAn
into consideration, hut in an open face
to face conflict, with a full eroresscon
' ... - I
" hp rant tnar. tt.p mainatv or th rnt.
f Ws h v awakened to the
conditions that surround them and
. , remedies that exist for the 55S
tif the suffer from and
iiie iikui, jusum s us hi dill-
m,)re v Iian
. -The
em?t"aIjei: 3.S0J!
" imbartial heaVing? It is n'with?!
cide for the party Congressional can-
what is advisable with rejrard
to -nt;rs for the electoral vote or
Confirresional seats.
The State executive committee, by
LESLIE COMBS.
" Chairman-
There is no doubt but that: Messrs.
Pugbrand Hopkins will contest for theirjnia?h cheering.
seats from -the thirds -'ninth and tenrh
aitttncis. jAosa nas uied a mandamus
suit in the Circuit ' c6urt' at Bawling
Green to compel the . commission to
count the disputed-ballots -where, the In
tention .of ihe voter was plain. The
hearing "WM set -for- November 20. The
result of " this stiit will decide who will
receive the ;certi2cate There ar four
hundred" disputed ballots in Watren
county alone and if counted for Moss,
wilP 'elect'-' hint by a ,good majority, it
will be remembered -that in the Nelson
.case last year the commission was com
pelled by-mandsmns to count tie bal ois
in -which the intention of the voter w;s
plain.
The Democrats thrca'en to contest
the election of Judge O' Rear to the ap
pellate ; bench if Congressional contests
are filed.1 O'Eear's election makes the
court of -anpeals Republican. The offi
cial count is still incomplete. Be'kh ?ni
has .gained slightly- awd wi'l probably
show a majority of about 2,000 or 2,
500. . ' - -
THREE IMPORTANT BILLS
Senator nanna on tli e Work to Come
Before Cos;rss.
Cleveland. 6., Nov. 12. Senator Hfm
na has returned hf re after a brief visit
to New. York. , He expects to remain
in thiSfCity until Congress convenes. In
discussing the . coming session of that
body, Mr. Hairaa said:
"'Congress this yenr will have some
very important duties to -eifO'in.
Three great bilis-the' Nicaragua Cantl
bill, tha arrav bill and th'jr ship sti'b idy
bill are all to come before it. The
presume
some importance in the bill, it is rea
sonable to suppose ihrtt 'apse of sev
eral nronths-has made a difference in tbe
sentiment of the;i?eople cn tae bill, and
a change in sfxme of its main features
canal -committee will .make its rf-.rt
earlv in the, esion ad the dehater in
the Senate will uohaWy begn ea:ly.,
"I presume "uie're will b chauges of
will b the natural result. -The Costa had been circulated more than oncer but
Rica treaty esTeei:lly involved us m ! he always made a gallant rally when
considerable difficulty, and the Co?tanjfe -vVas at its lowest ebb. He sank
Rican government, had to be consulted
with.7 ;
When asked with, what measures .he
-would most interest -himself during the
sesssion, Senator Hanna said:
"I have ho net .measures this year,
and shal take no nart-iculai interest m
any of tbe bills oerore congress, rer-
e Vi". . ' . , . .
s Senator wanna rexusea ro speaK iur-
ther.
FUN WITH TUB CHINAMAN"
PlZ Stlcklne Episode Repeated In
. China wlih Variations.
Trenton, 'iX. J.. .Nov. 12.-AJnnzo
f!ofok-' a mem1yr of Tr'oon A. Sixth Uni
ted States Oa-vairy, .statinmed at Yang-
tsron, CMna, has iwritten to his sister inJony a working tintcrest in th -ombina-VJhls
city:. He anakone statement m j tion and little ov no means. of nis own.
inn'! episode an the TVansVaal. Oocxk
! says
"The hardest fidVt iwe have had was
iiit ' o'ifelde tf ,1Xen Tsin. There were
t abat-ight -hundred oif. us, counting
AmernsY-iSn'gftaa ani j apanese, jignt
in? against seven thousand OMnaanen.
The foe did not Have very goou weapons,
h'clTYever, and this fighting did notButt lts welters at Anaconda? its
amount to much. VVe lost only one flw. mmn in th w.5t ovi-:-k.-
.man. The' Chinese lost in that battle
i 1 man AVIirvn Ti-n :
work."
MOROCCO DECLINES TO PAY
Warship Argnment Will Be Used to
Enforce a Claim for Indemnity
12. The govern-
nas again declined .o
i . The. last request.was made by United
h tares consul irumniere, ana tne acu-
in the transactions of his office. .The
net ordinary revenues of the govern
ment for the fiscal year were $56,240.
852, the largest in the historv of the
country, exceeding those of. 1S66, the
next highest by $47,201,288.
S'ltp In a Severe Typhoon .
San Francisco, Nov. 12. By the Pa
cific mail steamship China, which arrived
from the Orient today, came the news
iof worst typhoon for years through
rWfticn tne steamer passea yen mcii.
'- - m . r m -m
neany asueu uveruoaiu livua iuc unusc,
flights were , smashed, the doors of
the cabins crushed in, and the pas'sen-
"irers thoroughly frightened. All the
deck staterooms were flooded. .
The Black Sea Coel Rezion.
t. Petersburg.. Nov. 12. The Russian
minister of agriculture. M. Yerm ioff.
j after visiting tbe coal deposits recently
discovered on the Black Sea coast, in
'the government of Katais. esrimates
yield 1't540'000 tons an'
nually for 60 years. He considers the
excellent
"T"-SSSF? l"S1Sbo.
Goldboro, N.'-C Nov. 12. Special.
Hon. t . 31. Simmons was serenaded
here today. He delivered a twentv-
mlnutes' speech from the Hotet Ken
non balcony, acknowledging his grati
tude to Wayne, the banner Simmons
county. There -was a large crowd and
MARCUS DALY IS DEA!
In Life Hi Ws the Copper
King'bf Montana
MADE A GREAT FORTUNE
He Wtnt to the Territory TTlthont
Means and Was Worth Xvrenty Mll
lioas at His Death His Company the
Iarest Employer of Labor In ITlon-tana-Daly
Aspired to Be a Power In
Politics and Antagonized Clark
i
New York.Nov. 12. Marcus Daly,
the Montana copper king and multi
millionaire, died at 7:50 o'clock this
morning in his apartment in the Hotel
Netherland.
Mr. Daly has been battling with death
ever since his arrival from Europe, Sep
tember 8. Hewas seriously ill on the
passage over,: and his daughters hast
ened to his bedside. The reunion, Iiqw
ever, cheered the dying millionaire, and
the rallying of vital forces for a time
deluded his friends Into thinking that
he might recover, but a reaction set in,
and ho failed steadily. Death was due
to Bright-'s disease and heart failure.
Mr. Daly had been so seriously ill for
several weeks that reports of his deatn
rapidly in the last two days, however,
and it was seen that the end was com
ing. His wife and three daughters and
his two sons, Marcus, Jr., and Patrick,
were with him when he died. There
were also present Rev. M. J. Lavelle,
roetor of St.- Patrick's Cathedral, and
Mrs. Dillon Brown and V. H. Thomp
son. The funeral will be held; from
Mr. Daly's late residence at 225 Fifth
avenue. -His "house '-was one of two
built recently for W. W. Astor and
was leased by Mr. Daly last year.
The history of the life of Marcus Daly
is closely interwoven' with that of the
State of Montana. Mr. Daly was born
in Ireland in 1842 and emigrated to New
York. Soon after coming to America
he went to Utah and from there drifted
to Montana in 1876. There he repre
sented J. B. Haggin, Lloyd Tevis and
Ueorge Hearst of California, having
He took hold of the Anaconda Copper
properties of his principals and devel
oped them to such an extent that his
interests have amounted in nineteen
years to $20,000,000. At least that is
the estimate . put on- his wealth, and he
has very little outside . of Anaconda
property.
sttRto. and - .Ha -nl -W ia-
.. , ' -. . . . " "
tana iconsritutiona'l .convention in 18".-.
and, was before vhii Jegfejature as a can
didate ifor United - States Senator in
1890.
'The copper king's ajbiHty as an organ
izer was ackncfwieagod on all sides. His
'political feud witlh ex -'Senator W. A
C?lark . 'began in' ,an -- ordlnaiw business
rivalry. Clark .'secured water rights
wMdh Daly wanted, nd .faised on the
prtcc while a deal was be:ng negotiated.
The (p'riice was .raised from $25,000" to
five times that sum, and Daly swore
j vengeance. . . . .
iajys cinan'ce Tor revenge came m
jSS when-Clark was running for Con
Tern Carter. Jn the elec-
eVery. one of Daly's, men
barter and- Mr. Clark wa-s
defeated.- The flight has (continued .re
lentlessily and .found its elimination in
Mr. Clark s desperate mdeayor to wrest
the pol'itisCal ascfendancy ia the . State
from Daly. Tlje election of Clark to
the United States Senate, his contested
ele?tion,. his defeat and reappointment
by the acting governor of the State, are
all matters of recent Jnstory.
The Montana legislature just chosen
is certain to ireturn iMr. Clark to the
United States 'Senate. Thus it seems a
singular tde.creeof fate that one party
to the lorng standing feu'd should meet
Ws death at the-same-time the otiher has
safely- secured within his grasp the ob
ject of his ambition.- -
QIt; - Daily had - alfWays taken a keen
interest in' the "turf and for many years
was possessed', of one of the finest racing
stables in the - country. His thorough
breds captufed-rananiy prfzes at the lead
ing race tracks and proved profitable
to their owner , as weill as gratifying to
ihim as a eportsman. , .
ARMt DEPARTMENT ABOLISH ED
Porto Rico Henceforth io Re Attached
to Department or the Cast
Waslington, liov. 12. The following
order was -made anblic at the War De
partment, today: ' '
"By direction of the" President the
Department of Porto Rico will be dis
continued "on ""December 15. 1000, and
the island of Porto Rico and the islands
and keys adjacent thereto will .be at
tached to ; the .Department of the Bast
and designated the District of Porto
Rico. ; . '' , ,
The Colonel, lieufeoant colonel, Jiead
rumrtoiV band ahd one ibattalion txf the
I Eleventh Infantry .and the squadron of
the Fifth CaVaurjv now serving in I'orto
Rico, will be! Srelreyed f rom ;duty therein
as soon as nracricawe ana sent to ew
York city, '-ytfr&itee they, .will pro'ceed to
such . stations, .as jnay oe - oesigna tea
nereafter. --.- - - - .
Brigadier General George W., Davis,
U S. V., now in conimand of the De
parrment of Porto. Rico, will,. upon the
dteconrmuance of. that department, re
pair to Manlta, Philippine Islands, and
report 1 to - the - comnanding ;. general,
Division - of - the .BhnKpprnes, for assign
ment to d-uty as - inspector general of
that diviskm - .
This order r was .issued after a -fuj.
-citrl consfltltation with Ooremor Allen,
of Porto Bico,: and as General Davis,
tvho lately has (been -in command, had
nn'ado his reooaBmenaatlons. It was tlid
opinion of Governor AEent that the re-;
duction of the force in Porto -Rio
woold be eminently satisfactory to th
(people of the island and fchtit-the Xorca'
to foe retained iwfll he amtple for all
present purposes." '--'
This order leaves tn Porto -Rico tha
native regiment, consisting otf 850 men,
a .battalion of the JBJeventh Irtfantrr
and Batteries E. and ,G. of the Ftftiv
Arti35er.v. Th'es'e troops will be nndcf
the command .of Colonel James Buch
anan, who is now in iconnmand of th
native regiment. It is quite pmhaibiw
that the troop A whicn ax ordered froai.
Porto Rico may in time the sent to tho
Philippines.
ASSBSSJT1KNTS IN JDCJPLIX " '
Fire Witnesses Testify In the Ilallroad
Taxation Case.
Wilmington, N. C, Nov. 12. Special. '
The hearing of the railroad taxation
case was resumed here todar before'
Standing Master Shepherd. The rail
roads introduced five witnesses, all from
Duplin county. B. F. Pears-all, regis
ter of deeds, was assessor in 38tr3. He
said he thought real estate was under
valued an average of 25 per cent. ,
0. P. Middieton, who had been as
eessor in Warsaw township, said that
real estate in that township was assess
ed at 75 per cent of its true value.
George W. Carroll said that he had
been assessor in Kenansville township,
and that he thought real estate was as
sessed at 75 per cent of its real value.
Thad Jones, Jr., Kenansville, testiSed
that in 18$)1 or 1892 the board of equal
ization raised the aescment on lands
in half a dozen towns'hips to make val
uations uniform. He added that in his
opinion lands were assessed at an av
erage of seventy per cent of their real
value. '
)S. B. Newton, of Kenansville, said
he thought lands were assessed at twt
thirds full value.
001. Hinsdale and A. D. Ward, coun
sel for the railroad commistsion on cro-'
examination, obtained an ndiiskim.
from' Pearsall that there was no nai
formity in undervaluation, that much of
the lands wculd not bring assessed val
ue, and that he was unacquainted with ,
nineteen-twentieths of fse lands chtside
of his own township.
Middieton on cross examination ad
mitted that at forced sale lands' cfcuslly
brought less than asjsesed value. C st
roll stated that farms almost invariably
sold on credit, and that by true vsiurt
he meant tbe price nt such sales. 'New- i
ton said while lands near the rai'road
were under-assessed, four-fifths of the
:s:ds in the county were net near tUo
railroad.
All the witnesses testified that per
sonal, property was. assessed at fair
Messrs. Ronntree, Day and Shaw ap
peared for the railroads.
INDIANS UN BULir
Brakes Would Start on Outbreak If
They Had an Opportunity
Pine Ridge, S. D., Nov. 12. There Is
rvnouihilitv rtf-stn other Indian uorislntr
n this section, which would involve th .
Sioux, and. the. Cheyeanqs. Settlers are
coming inta . the :j3g.ncy and . white men
are armlhg r The Indians are restless
auo- .fhow- signs of .gfflng on the war
path. , ' . - .
Unly- tne ; strong arm oi xne govern
ment prevents an uprising." "said Judge
S. W. DeWitt o the Interior Depart
ment, yesterday. Mr. DeWitt is hero
investigating the claims growing out
of the Wounded Knee war of 1S00. "So
wild and restless are the Indians," he I
continued, "that they; - would go on the
war-patb at any time the force of troopef i
and government police were so . far re-;
duced as to allow the trouble, to get ,
under way. You would be; surprised to
know how wild nud treacherous, tbe
Sioux are today. I have recently seen
all tlieir chiefs and braves in . .council.
There are 5000 Indians around; here,
well armed with modem gurrs and mount-.
ed ou good -horses."
CIISIIST?S eiTN SSCKED
Old 2ai Killed la Attempt to lllow ttpv
Elmira, N. Y., Nov. 12. Early this
morning the residents of the village of
McLean, in Tompkins county, were
awakened by a terrific explosion..- It waf
discovered, that - an .attempt had been
made to blow up the house of ;Frank
Trapp, who 'esides with his family cue
and a half miles norihwest of this vil-j
lage. The - man . who made tl: daring
attempt is "believed to have- been Trapp' ,
father-ih-law, Dr. Levi Gleason, a
chemist, aged 75 years. The dead body
of Dr. Gleason was found terribly - man-1
gled where , the explosion occurred. He
had not been in the house ani the in-.
mSTes of the household .did not Hiorv
that he was absent. He left h h-jme
about 6 o'clock last evening. - The in-
terior of the house was destroyed, but
no one was killed except Dr. Gleison.
It lis not known what explosira was
used, but it was a most powerful one, as-'
is shook houses for four miles abou.
There had been a misunderstanding.
Roers Treat Prisoners Kindly ,
T .rmH nn . Nov. 12. General Roberta
telegraphs the War Office that General '
Smith-Dornen reports mat. some iriusn
nrntmi wVin foil Infft th hntifls of thft
V. UUUUvU V9 w ' ' ' -
Boers were subsequently: returned In .
. -r- m . mi
British ambulances to Aeua. xney
cnflfli hicrhW r7i tli Idnd treatment thT
cjfe juguij v" - - - ,tt
nni rn1 -ftrTYl
They were informed that. Commandants
Henry Jfrinsioo ana joaemm lourie
were killed, and Commandant. Grobelet
was wounded in a recent tight. This iC
irl H-c fifnr:il "Roberts, who alse
reports I engagements participated,: In by-
UeneraiS Aietuuen, x i.imer ami rugri,
who ate engaged in dispersing bands of
guerillas. The British had few casual-,
ties. . - - - .
Orsraalzed Resistance to Agrarians
Ttprfm. Nov. 12. Three, thundred reo-
resentatives of the industry, finance and
commerce of Germany met at the
Kaisenhof. yesterday and o ionized h.
temporary association of manufacturer
o-n.i fin.Tnnpr with t.l.P obieet of main
tain Lnir the .present customs policv of
the government. Dr. .Siemans, director
of the German bank, said they must,
combat the exaggerated claims of the
agrarians for prohElntiv customs duties.
Presidit Herz, of the Berlin commer
cial community, and Adolph . Woerh
marrn of the Hamburg association,
spoke in a similar strain; ; ; .; .
Died la Hi acriajce ,
Rome, Nov. 12. SLgnor Marciori,
director general of the Ban.k 4 of Italy,
died of apoplexy in his carrjag rwhila
returning front tne theatre, . ..
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