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THE MINNEAPOLIS JOURNALS
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Supreme Court Decision on
the Drainage Canal.
VICTORY FOR MISSOURI
Case Will Now Go Before the Courts
on Its Merits.
IS ST. LOUIS WATER POLLUTED?
Drninnice Hoard's Demurrer Being
Overruled, Opens the Muiu Ques
tion in Controversy.'
Washington. Jan. 2S.—The United States
supreme court to-day rendered an opinion
in the case of the Chicago drainage canal,
overruling the demurrers filed by the
state of Illinois and the Chicago drainage
canal district board.
The proceeding was brought by the state
of Missouri against the state of Illinois
and the drainage canal board to prevent
the use of the canal on the ground L c
it polluted the drinking water of St.
Louis. The effect of the decision is to
sustain the contention of Missouri.
The opinion was read by Justice Shiras,
the chief Justice and Justices Harlan and
While uniting in a dissenting opinion. .
Justice Shiras said that two questions
■were presented. The first was: "Whether
the allegations of the bill disclose the case
of a controversy between the state of
Missouri and the state of Illinois and a j
citizen thereof within the meaning of the j
constitution and the statutes of the United i
States which create and define the original i
jurisdiction of this court," and the second: |
"Whether, if it be held that the allega
tions oX the bill do present such a contro
versy, they are sufficient to entitle the |
state of Missouri to the equitable relief i
On the first of these points the court
May Affect Health.
An inspection of the bill discloses that the j
nature of the injury complained of (the pol
lution of the drinking water of people of Mis
souri by Hhe deposit of the sewage of Chi- !
eago into the Mississippi river through the ;
drainage canal and the Illinois river) is such j
that au adequate remedy can only be found ;
in this court at the suit of the state of Mis
It is true that no question of boundary is
involved, nor of direct property rights be
longing to the complainant state. But it must
surely be conceded that If the health ana
comfort of the inhabitants of a state are
threatened the state Is the proper party to
represent and defend them.
The health and comfort of large communi
ties Inhabiting those parts of the state situ
ated on the Mississippi river are not alonue ;
eoiK-ernM, but contagious and typhoidal dis
eases introduced into river communities may
spread themselves throughout the territory
of the state. Moreover, substantial impair- '■
ment of the hejlth and prosperity of the ;
townß and cities of the state situated on the
Mississippi, Including its commercial metrop
olis, would injuriously affect the entire state. |
Suits brought by individuals, each for per
sonal injuries, threatened or received, would
be wholly inadequate and disproportionate
remedies requires no argument.
Kntitled to Relief.
Discussing the contention that the bill
does not on Its merits entitle the state of j
Missouri to the relief prayed for. Justice \
Shiras took up the argument that the ;
drainage complained of is only probiemat- j
leal or contingent, and asked:
Can it be gravely contended that there are '
no preventive remedies by way of injunc
tion or otherwise against injuries inflicted or
experienced but which would appear to be the
natural result of acts of the defendant, which
he admits or avows it to be his intention to
Continuing he said that the relief prayed I
for by the bill was not merely against the
creation of a nuisance, but also against its
Our conclusion therefore is that the demur
rers filed by the respective defendants can
not be sustained.
We do not wish to be understood as hold- !
ing that in a case like the present one, where
the injuries complained of grow out of the
prosecution of a public work, authorized by
law, a court of equity ought to interpose by
way of preliminary or interlocutory injunc
tion, when it is denied by answer that there
is any reasonable foundation for the charges
contained in the bill. We are dealing w.ta
the case of a bill alleging in explicit terms
that damage and irreparable injury will nat
urally and necessarily be occasioned by acts
of the defendants.
The demurrers are overruled and leave is
g!ven to the defendant to file answers to the
On Its Merits Xow.
Chicago, Jan. 28.—President Alexander
J. Jones of the sanitary district said, when
advised of the supreme court's adverse de
cis'on in the drainage canal case:
The decision is somewhat of a surprise to |
us, but after all it simply means that the
case must now be tried on its merits. Hence
forth, the Inquiry of the court will be di
rected to the question whether the opening
of the channel and the moving of Chicago's
sewage down the Illinois and Mississippi
rivers has really resulted In the pollution of
St. Louis' water supply. If so, equity will
justify the grievances of St. Louis and the
state of Missouri and the sanitary district
will have to find some remedy to prevent fur
The sanitary district of Chicago has ex- '
pended $34.00*1,000 in the, abiding faith that
flowing water purifies by the principle of
oxidation, and to dispute this is to dispute
what we contend is an acknowledged scientific
fact—at least acknowledged by all scientists
the world over except those of St. Louis. The
sanitary district will stand or fall by this
principle, and we are prepared to face the
Issues in the United States courts of equity,
which are now opened to the complaints of
the citizens of St. Louis and the state of Mis
Chief Justice Fuller read the dissent
ing opinion, holding that the jurisdiction
of tne supreme court could be invoked
only in caEes in which it appears that
states are in direct antagonism, and that
this Is not true in this case. He said
it was "difficult to conceive what decree
could be entered in this case which would
bind the state of Illinois or control its
action. He added:
The act complained of is not a nuisance per
■•, and the injury alleged to be threatened
is contingent. As the channel has been in
operation for a year it is probable that the
supposed basis of complaint can now be
tested. But it does not follow that the bill
in its present shape should be retained.
In my opinion both the demurrers should
be sustained and the bill dismissed without
prejudice to a further application as against
the sanitary district if authori7«d by ihe
State of Missouri.
Minneapolis Man May Be
Next Minister to China.
IF CONGER EETIRES
Subsidy Bill the Real Reason for
an Extra Session.
GROUT BILL CHANCES ARE SLIM
But It Will Be Punned in the Next
Speak on It. »
! From The Journal Bureau, Room -AS, Post
i Building, Washington. ,
Washington, Jan. —For a day or two
' it has been rumored, outside of official cir
; cles, that in the event of a vacancy in the
, post of minister to' China, caused by the
\ resignation or withdrawal, of Mr. Conger, |
, the post would be given Consul General
i John Goodnow of Minnesota, who in his
1 three years of residence in the orient has
; made , himself ; thoroughly familiar with
Chinese manners, customs and contem
poraneous history, and who won the con
fidence and good will of the government
to a degree attained by.no other American
representative in , that country during the
In all probability, it is not the intention
' of the goveriiment to recall Minister Con
j ger; or if it is, the fact is kept very quiet.
; More or less irresponsible talk has been
! indulged in regarding the alleged intention
I of the administration to recall Mr. Conger,
i but it cannot be traced to any solid foun
dation. It should also be known that Mr.
Goodnow has spoken very highly of Mr.
Conger's work, both at the state depart
! ment and at the White House, and he is on
'< record as thinking that the minister is a
man of exceptional ability and tact and i
fitness for the position he is holding.
In all probability, however, Mr. Good
now would be offered the post of ambassa
dor should a vacancy occur. This is eon
i ceded quite generally by those who are in
j position to know something of sentiment
j at the White House and the state depart
ment, and it is of itself another high com
| pliment to the efficient and very satisfac
tory manner in '_ which Mr. Goodnow has
performed his difficult and delicate work.
With due regard to those gentlemen who
I are inspiring the statement in the eastern
press and elsewhere that if congress should
,be convened in extraordinary session it
j will be on account of the failure at this
i session to enact legislation paving the way i
j to : civil government in the Philippines,- it i ;
j should be said that the statement is not;
; generally regarded as being altogether sin
i cere or fair. ■
! Congress is just now putting the fin
j ishing touches upon an army reorganiza-
I tion bill, which increases the standing
'■ army to practically 100,000 men for an in- j
' definite time. If the Philippines are about |
ready for a civil administration, why the ;
increase of the army? This question is >
asked by republicans and democrats, and ,
no answer is made.
It still is the opinion everywhere that
j the subsidy bill has more to do with talk i
jof the extra session than all things else I
j put together. The president, in submit- I
! ting the report of the Taft commission to j
I congress "urgently recommends" imme
diate legislation for the islands. It is the
unanimous opinion of leading men in both
the houses of congress that it would hardly
| be possible to complete. any satisfactory :
• Philippine bill short of three or four '■
I months, and if this is , the real situation, i
; the president must know that nothing can i
| be done at this short session, and may feel i
• justified in calling the extra session, !
naming the Philippines as the cause for'
i the call.
j But once congress convenes it is its own
master, and will proceed to ■■ take; up any
subject it sees fit, without reference to the I
presidential call. The door would be wide i
open in an extra session, it will thus be
seen, for ship subsidy or any other meas
ure having enough friends to give it stand-
It is not the intention of this paragraph
; to impugn the president's motives in any j
i way, but if must be apparent to all who
| are familiar with congressional procedure !
[ that in an extra session the friends of the :
! subsidy bill would be in clover and would '
i move heaven and earth to pass their bill, I
I so as to keep it as far as possible on this'
[side of the congressional elections of 1902.
It is announced that the friends of the j
Grout bill have abandoned their plan of '
; tacking that measure to the war revenue |
i reduction bill as a "rider," and will mi
i stead ask the republican steering commit
i tee to fix a day when the bill may be I
I considered, confident that if ■ the merits 1
i of the case can once be presented there •
! will be no question regarding passage at j
i this session. It seems, that there are on
| the senate finance committee some five
; or six men who are friendly to the Grout
: bill, but who would resent any attempt
; to tack the bill to the war revenue re
duction bill, recently reported from the
finance committee. And it is in deference
to the views of these five or six that the
j change of program has been made.
Senator Dolliver of lowa will make his
maiden speech in the . senate when the
Grout bill comes up. Ordinarily, the prec
edents of the senate would require that
I he postpone an . appearance ,of this kind
' for at least a year, but in view of the
! fact that the new senator is a member of
! the agriculture committee, which has. been
j considering the Grout bill, he will be ex
j pected '. to give what aid' he ; can to the
committee in getting the bill through, and
the precedent * will be - set aside.■: ' His
eulogy on the late "Senator. Gear, said to
be one of the most;, eloquent ■ addresses in
the senate for; years, was not considered
i as coming within the meaning of the
j precedent. \■; -j - . .
It is difficult to tell at this time whether
j the Grout bill can be passed at this scs
i sion, but. from all that can be learned
the chances -would v seem Ito be against
I passage The i policy of delay inaugurated
by Senator Pettlgrew and a: few, others is
rapidly ' piling: business up mountain high,
;•-, "" ..Continued -on ' Second Pave. .
MONDAY EVENING, JANUABY 28, 1901.
TO WIDOW AND SOfl;
P. D. Armour's Will Disposes of an
Estate of $15,000,000.
GRANDCHILDREN GET $4,000,000
Armour Institute Xot Mentioned.
but It Is Thought It Has Been
Chicago, Jan. 28.—The will of the late
millionaire pork packer and grain dealer,
P. D. Armour, disposes of an estate valued
at $15,000,000, according to statements in
an application for letters testamentary
filed in the probate court here to-day by ;
Malvina B. Armour, the widow, and J.
Ogden Armour, his son.
Mrs. Armour and J. Ogden Armour are
made executrix and executor, and are!
named as legatees, each receiving one-half
Of the estate §14,900,000 is in personal
property and $100,000 in realty.
P. D. Armour and Lester Armour, chil
dren of P. D. Armour, Jr., who died in j
California a year ago, are not made lega- j
tees directly but they are provided for
handsomely by "charges upon the lega
tees." It is provided in these "charges" !
that upon attaining the age of twenty-five ;
years each of the grand children shall re- i
ceive $1,000,000, half of this from Malvina
B. Armour, their grandmother, and half
from J. Ogden Armour, their uncle. At
thirty years of age each is to receive the
same amount from grandmother and uncle.
The will explains that their father during
his life had already received nearly all of
his share in the estate. To this the chil
dren and their mother are heirs.
Executrix and executor are given full
power to manage the estate without bond.
The instrument is dated Pasadena. Cal.,
Jan. 30, 1900.
Armour institute, Mr. Armour's pet pro
ject, which he fostered with a lavish hand
during life, is not mentioned in the will,
but it is regarded as certain that provision
for.it was made before its patron died. i
A codicil under date of Pasadena, Cal.,
Feb. 12, 1900, provides that the executrix
and the executor shall not be responsible
to any court tor their handling of the es
tate, and otherwise emphasizes the entire
independence of the legatees in dealing
with the property.
Institute Provided For.
L. O. Krauthoff, an attorney long in the
service of Mr. Armour, declared that Mr.
Armour had made provision for the Ar
mour institute before drawing his will at
Passadena. In reference to the fact that
the will leaves nothing to charity, Mr.
Mr. Armour gave to charitydu ring his life
rather than to hold back the good it would
do until afteri his death. A day never passed
during his business career that he did not
give liberally to some charity, and the aggre
gate of his gifts of this character would
mount well up into the millions.
The fact that the estate was below the
popular estimate is explained by the asser
tion that vlien his health began to fail
following the Lelter wheat deal, Mr. Ar
mour divided $30,000,000 between his sons,
Philip D. and John Ogdon, thus relieving
himself of considerable responsibility and
saving the estate teh payment of a large
Fourth Man Indicted in Jennie Bos
PROSECUTOR ACCEPTS THE PLEA
Maximum Penalty for AhsikiU Im Fif
teen Veam—Petition for
Paterson, N. J., Jan. 28.—George Kerr,
who was jointly indicted with McAlister,'
Campbell and Death on a charge of mur
der in the first degree in connection with
the death of Jennie Bosschieter, was un
expectedly brought into court to-day be
fore Judge Dixon, and he pleaded non
vult to the charge of assault.
Public Prosecutor Emley said that
while he had made every preparation to
place Kerr on trial on the indictment
found against him, he felt inclined to ac
cept the plea of non vult in view of the
statements made by counsel as to Kerr's
connection with the girl's death, which
seemed to be corroborated by the general
facts of the case.
Kerr was remanded for sentence. He
can receive a punishment of fifteen years
It is expected that an early date wili
be set for sentencing McAlieter. Death
Campbell's sister is circulating a peti-
I tion asking for clemency for her brother.
'HAND IN GLOVE. 1'
ELUDES HIS GUARDS
Dr. Rodermund, Appleton's Small-
pox Monger, Escapes.
HIS CONFEDERATE IS ARRESTED
Latest Sensational Turn in the Fox
River Valley's Famous
Special to The Journal.
Appleton, Wis., Jan. 28.' — Dr. M.
J. Rodermund, the i>3iy«lcian who at
tempted to prove , hts theory that
smallpox" is not comfegious by smearing
himself with vims from a patient af
flicted with that disease and exposing hun
dreds in this city and scores in Green
Bay, has made good his threats and es
caped quarantine. He Is now supposed
to be in Chicago.
While four policemen were watching the
house Rodermund escaped and was driven
by a confederate to Waupaca, forty miles
distant, where he took the limited on the
Wisconsin Central for Chicago. His es
cape ■vvas not discovered until noon yes
terday, when a telephone message from
Waupaca told of his confederate being
seen there and boasting of Rodermund's
W. H. Rathburn, manager of the Apple
ton business college, is the man who aided
Rodermund to escape. Rathburn is a
close friend of the doctor's and revved for
him the manuscript of his recent book.
The night policeman at Waupaca met
Rathburn returning from the train and
asked where he came from. Rathburn
readily replied, "from Appleton," and the
talk naturally turned on the smallpox
scare. As he was leaving, Rathburn re
marked, "You might telephone the Ap
pleton police that one man is enough
to watch Rodermund's house now, for the
doctor is gone and one man can handle
Thinking it was a joke the policeman •
waited until nearly noon yesterday before
telephoning. The more he thought, the j
more he was inclined to take the mes- j
sage seriously, until at last he had
thought enough to reach a conclusion. At
noon Chief of Police Hoeffer and
Dr. Beveridge searched the house from
garret *o cellar. Rodermund was gone.
His wife refuses to talk. An Investigation
of the police will be made and, if care
lessness is proved, discharges will fol
low. The escape was planned over the
Strong Feelins Against Rnthnurn. !
Rathburn v.-as arraigned this morning on '
a charge of aiding a prisoner to escape.
He pleaded not guilty and was released
under $100 .bail, furnished by M. Roder
mund, father of the doctor. Rathburn is
sullen and absolutely refused to talk,
threatening violence if approached by
newspaper men. His connection with the
escape will break up his school and bring
down upon him action by numerous cred
itors. Public indignation is so great that
he has kept off the streets.
Mayor Hammel is not at all satisfied
with Rathburn's release on bail, and is
urging the board of health to quarantine
him in the new pest house, an action
which may be taken. In case of a civil
action for damages it Is believed that no
jury in the state would give him a verdict
even if the quarantine law were techni
cally violated in his case.
KRUGER VERY ILL AGAIN
REPORT COMES FROM AMSTERDAM
But Another Dispatch Says He At
tended Services Yesterday
at Ht» Hotel.
London, Jan. 28. —The Amsterdam cor
respondent of the Daily Express wires that
news has been ' received there that Mr.
Kruger is seriously ill, that his medical
attendant almost despairs of his life and
that three doctors visit him daily.
Amsterdam, Jan. 28. —Mr. Kruger at
tended divine service yesterday at his hotel
The secretary of Mr. Kruger telegraphs
that the statements about Mr. Kruger
being sick are inventions. His health, he
adds, is very satisfactory.
I.oks at the Peorla Revenue Office Is
Peoria, 111., Jan. 28.—The total amount
of the stamps stolen from the cashier's,
office of the fifth Illinois internal revenue
district eaTly Saturday morning was ?31,
--946.46%. All are negotiable.
Employes both in the Peoria offices and
at Washington are suspected of being in
PEACE IS AT HAND
Filipino Federal Party Appeals for
PEACE FEELING GROWS STRONGER
But Continuance of Military Govern
ment Causes Distrust Among
• -. Some Natives.
Washington, Jan. 28.—When the senate
convened to-day the presiding officer, Mr.
Frye, called attention to the following j
j cablegram, which was read:
Manila, Jan. 28.—President of the Senate |
and Speaker of the House of Representatives, |
! Washington—Accessions to federal party by
thousands in all parts of archipelago. Atti
tude of hitherto irreconcilable press and the
general public opinion show that labors of \
I party to bring peace will soon be crowned
! with success.'
| Until now political parties have attempted
| formation on plans more or less questioning j
j American sovereignty. Our platform makes
main plank sovereignty of United States,
with liberty to each citizen to pursue peace-
I fully his political ideas.
j Hour of peace has sounded.
On our platform are grouped many Filipinos
;of hitherto irreconcilable ideas, but some
| more obstinate decline to join for though
willing to accept sovereignty of United
States, the prospect of indefinite continuance j
, of military government makes them distrust. !
I purposes of the United States and delays
: their submission.
Adjournment of present congress without j
giving president authority to establish purely !
civil government with usual powers, anu !
postponement for at least a year of such '■
government until new congress, will cer
■ tainly confirm this distrust.
j Directory of the federal party believes con- .
; ferring such authority on president would in- j
! spire confidence, hasten acceptance of soy- j
ereignty of union and the coming of peace. !
The directory therefore prays both houses
of congress to authorize President McKinley
jto establish civil government whenever he
i believes it opportune.
—Frank S. Bourns,
Dr. Pardo de Tavero,
Jose Xar Tcmas del Rossario,
C. S. Arellano,
Directory of Federal Party.
RICE IS ON THE WAY
Minnesota Man Banished From the
PRISONER ON BOARD THE SHIP
He Will Be Released From Custody
at San Franeiaco—Munic
Manila. Jan. 28.—George T. Rice, editor
of the Daily Bulletin, who was ordered
by General Mac Arthur to be deported be
cause of the publication in his paper of
allegations against Lieutenant-Command
er William Braunersreuther, captain of
the port, sailed to-day.
It was ordered that he be held as a pris
oner until his arrival at San Francisco.
Rice formerly lived in Red Wing, Minn.,
and came here with the Thirteenth Minne
The hearing on the municipal govern
ment bill was finished to-day and the
measure will be enacted Wednesday. Only
two natives objected to the church prop
erty taxation feature, and no objection
j was entered oh behalf of the church or
I other organization.
General Funston reports that practically
all the organized insurrectionists in his
district have been dispersed with the ex
ception of disconnected bands in the moun
tains. Sixty-five more rebels in the island
of Panay have surrendered at Cabautan.
Countess de Cantellaue Is Limited'to
' $200,000 a Year.
Jf**e York Sun Special Sirvioe - .' .
-"-New York, Jan. 28. —Justice Beach in
thel; supreme * court to-day '■ continued the
temporary injunction restraining j the trus
tees of the Gould estate from paying over
the ?' in-come ?to '■.-. their - sister, Countess de
Castellane, pending : the i trial of 'an action
brought by AsherGertheim, a London bric
a-brac dealer. ■ Justice ': Beach I permits i the
payment of $200,000 a year ■to the" countess
for the support of herself and children, - j
12 PAGES-FIVE O'CLOCK.
TOWNE'S VIEWS ON
In His Address in the Senate He Attacks the
President's Policy and Praises Agui
naldo and His Followers.
Senators, Galleries and Members of the House
Form an Attentive Audience for the
Washington, Jan. 28.—Charles A.
Towne'a senatorial career is closing in a
blaze of glory. His anti-imperialistic ad
dress before the senate to-day is regarded
as the most forceful word ever spoken
in either house of congress against the
administration's Philippine policy. This
Is a high estimate, and may not be last
iny, but it is what republicans as well
as democrats are saying to-day.
The address embraces 20,000 words, and
it was more than two hours in delivery.
It was very carefully prepared and was
liberally punctuated with quotations from
official documents. Not until late last
night did Mr. Towne finish the writing
of the pereoration. Obviously, it was an
address to be read from manuscript and
not to be trusted to memory, but the read
ing did not materially interfere with the
effectiveness of delivery.
It was a splendid audience to which Mr.
Towne spoke, and it paid him the high
compliment of eager and unremitting at
tention. The galleries were crowded.
Every newspaper man at the capital was
in the senate press gallery. Every demo
cratic senator was in his seat, and more
than half of the republicans. Scores of
members of the house, recublicans and
democrats, including the Minnesota dele
gation, lined the walls of the senate cham
ber, and filled every chair and settee.
There has not been such an audience in the
senate since Senator Beveridge of Indiana
a year ago delivered his widely heralded
maiden speech on the Philippines.
There was no suggestion of interfering
with the speech, an article in a morning
Washington newspaper to the contrary
notwithstanding. As soon as Mr. Towne
took liis place fifteen minutes before the
call to order, Senators Chandler, Depew,
Burrows, Allison, Spooner, Fairbanks and
other leading members on the republican
side of the chamber, one at a time infor
mally walked across to where Towne was
sitting to assure him that there was no
thought among the republicans of trying
|to prevent him from speaking. Senator
Pettigrew sat beside Towne.
The spell of Towne's eloquence was far
i reaching and supreme. He never has ap
■ peared to better advantage and repeatedly
the crowds were visibly stirred by his
Chairman Jones and the democratic
leaders express the greatest satisfaction
in the address which for six months will
be distributed under the Towne frank free
of cost to all parts of the country. A
very large number of copies will be pub
lished at the expense of the democratic
national committee and it is easy to see
that It is the hope of the democratic heart
that this one speech will do much in the
way of keeping the anti-imperialistic issue
alive and making it vital in the congres
sional elections next year. The Asso
ciated Press has carried a 3,000-word
synopsis of the speech, which is twice as
much space as has been given this session
of congress to any peaker in either house.
Before Towne was half through reports
were made in the press gallery that hun
dreds of people were in the corridors at
the door of the already filled senate gal
leries unable to gain admission.
Clapp Hears It.
At 2 o'clock, while Towne was at the
height of his remarks, Senator-elect Clapp
appeared on the floor, chaperoned by Sen
ator Nelson, and took his seat on the re
publican side of the chamber near Nelson.
He listened attentively to what Towne was
saying for a few minutes, and then, after
greeting several members who sat near
him, left the chamber.
—W. W. Jermane,
Washington, Jan. 28.—After the disposal
of routine business in the senate to-day,
Mr. Towne of Minnesota was recognized
for a speech, his maiden effort and his
valedictory- He spoke on his resolution
of last Friday for the immediate cessation
of hostilities in the Philippines. The gal
leries were well filled to hear Mr. Towne
and senators also gave him close atten
tion, while in the rear of the senate was
a circle of representatives. Mr. Towne
spoke in full and resonant tones with
more of the graces of oratory than are
usually heard in the practical debates of
Referring to the petition presented to
the senate a few days ago by 2,006 Fili
pinos for a cessation of hostilities and for
independence, Mr. Towne maintained that
It would prove "a. quickening appeal to the
ancient spirit of ttoe republic, or its re
jection would dedicate the twentieth cen
tury to a reaction prejudicial, if not fatal,
to free institutions."
The charge that Aguinaldo had sold his
country to the Spaniards for a bribe, he
declared, "was gratuitous in its calumny,
when we consider that the official pub
lications of our own government contra
dict and destroy It."
We were in alliance with the Filipinos, as
alliance sought by ourselves, availed of by us
for our own advantage and finally, to our
everlasting shame in the estimation of honor
able men, repudiated by us when we found
it no longer necessary and when luat of em
pire had so blunted our moral sensibility that
we could mount from an act of perfidy to the
grand larceny of a nation.
Referring to Admiral Dewey's denial
that he had ever treated the insurgents as
allies, Mr. Towne said:
I fear that the JjQaest sailor's tenaiaol-
ogy has suffered from recent contact with the
nice discriminations of American diplomacy.
Discussing the acquisition of the Philip
pines Senator Towne said:
It is not easy to fix with accuracy the
time when the design was formed to take
forcible possession of the Philippine islands,
nor to ascertain the mind in whose "gloomy
recesses" this enterprise of sacrilege and
violence first gathered form and pressure.
There has indeed been evidenced a dispo
sition by its most illustrious sponsors, as if
their prophetic souls already trembled at the
inquisition of after ages, to impute the dubi
ous responsibility to providence itself. I
know not which to admire the more, whether
the modesty which disclaims credit for the
policy, or the colossal presumption which
challenges and betrays the vaunted confidence
of the Almighty.
No man, no party, no nation can escape
accountability for actions by attributing their
origin .to any other source than human mo
tives and human judgment. The policy of
the administration towards the Filipinos must
be justified, if - #v«r justified at all, in the
forum of the r«aaon and the conscience of
Mr. Towne declared that upon the ar
rival of General Merritt at Manila "a dis
tinct change of tone was observable," be
tween the United States officials and the
Filipinos, the altered attitude being so
marked as to force the conclusion "that
part of General Merritt's prearranged
task was to maneuver out of an awkward
friendliness with Aguinaldo, and thus to
reach a footing for the convenient de
velopment of some secret policy with
which he had come fresh freighted from
If there was doubt of the prearrange
ment of the plan, it was banished. In Mr.
Towne's opinion, by the president him
self. The third article of the protocol
with Spain reads:
The United States will occupy and hold the
city, bay and harbor of Manila, pending the
conclusion of a treaty of peace which shall
determine the control, disposition and gov
ernment of the Philippines.
Yet despite that definite provision, th«
president, the senator urged, issued on
Dec. 21, 1898, his famous "benevolent as
similation" proclamation. He continued:
I Thus the. dilemma is this: Either that ar
ticle, of the protocol does not mean what it
says, or the president of the United States,
in causing the issuance of the proclamation
to which I have referred, broke the plighted
faith of this government. It is not agree
able to me to use this language, but I de
voutly believe that the republic is at the
gravest crisis of its history, and I feel that
a necessary preliminary to its getting safely
"out" is to cause the people to realize how
it came to get "in."
Sombre Flag of Piracy.
Mr. Towne said of the president*
proclamation that "among the roses of its
rhetoric of love, its fair speech about our
coming not as invaders or conquerors, but
as friends,' of ttoe 'mild sway Oi! justice,'
and of 'benevolent assimilation,' the al
ready justly awakened distrust of the
Filipinos clearly beheld the unsheathed
and glittering steel of despotism." He
If we are bent on slaughter let it be in open
guise. If we lust for this poor land, let us
not gloss our enterprise with false and sin
ister pretense. Rather let us boldly raise
the sombre flag of international piracy,
whistle scruple down the wind, and then
close in upon our feeble victim to the cry
of "loot and glory."
Mr. Towne maintained that the United
States was under the obligation of circum
stances, if not, indeed, of actual promise,
to grant independence to the Filipinos,
and that among nations the former wai
quite as binding as the latter.
Can Govern Themselves.
Senator Towne argued at length in sup
port of his contention that the Filipino*
were perfectly capable of governing them
selves, pointing out that 85 per cent of
the population of Luzon can read and
write, and holding that the government
established by Aguinaldo was strong,
symmetrical and progressive, even in the
difficult and disturbing conditions which
surrounded it. He declared that the Fili
pino statesmen "would creditably meet al
most any emergency of administration in
even the most advanced government and
would have dignified and ornamented Che
early struggles for nationality of any peo
ple known to history."
There is excellent reason to believe that
even at this day the existing Filipino gov
ernment, low as it is in state and migratory
to some extent as to location, exercises a
wide and respected authority in the Philip
pine islands and is obeyed quite generally by
the local authorities in the interior.
There is not the slightest ground for be
lieving that any appreciable impression has
been made upon the determination of the
Philippine people to resist us to the end.
There is no evidence that any strong native
pro-American element has any existence
whatever. As the result of two years of
wasting war, we occupy about one five-hun
dredth part of that archipelago. No district
is really pacified. We hold the ground our
troops stand on, practically nothing more.
During the campaign of 1900 It was a favor
ite accusation against the opponents of the
administration Philippine policy that they
were keeping alive a smouldering "rebellion"
in the Philippines. The newspapers and maga
zines made much of this foolish argument,
and in many a pulpit, where the gospel of
the bullet has supplanted the Christianity of
the Bible, the pious anathema of prudent
priesthood rose to heaven on the wings of
Path of Profit.
Mr. Towne declared that after the elec
tions the resistance in the Philippines in
creased and that it had been announced in
the senate within a week that 3(*00
American soldiers would be needed in the
inslands for an indefinite period.
Is it not clear that the way of duty is
equally the path of profit? Do we need to
own people in order to trade with them? I»
it not better to allow our customers to llv«,
to have their goodwill and leave them
the means of payment than to kill the strong
est of them, to earn the hatred of the sur
vivors and to impoverish all by desolating
. He held that It was >better to trade lib
erty to the Filipinos "for; security to the
United' States. in ■ the ? island than :to force
"a sullen unwillinges3 into < slavish« com
pliance with some of : our customs iby ,i the
employment of an : army of i 100,000 1 men."
It was a habit of the defenders of the
administration policy to sneer at the term