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SAN FRANCrSCO; .WEDNESDAY, MAY 29; 1901.
PRICE FIVE CENTS.
VOLUME LXXXIX-NO. 180.
Collection of Tax on
Goods Sent to Our
Supreme Court to
Decide the Question
Business Men Fear
Coast Commerce —
Hard Tariff Problems
AMERICAN industries will bs in
danger, declare San Francisco
business men,' if the decisions of
the Supreme Court of the United
States in the Porto Rico cases
are applied to importations from the
Philippines. President George A. New
hall of the Cakmber of Commerce says
that all commercial bodies on the Pacific
Coast will undoubtedly seek legislation by
Congress if they find the Interests of ten
coast or of the United States menaced.
The hope of the business community of
San Francisco appears to be that the
Treasury Department will continue to col
lect duties on all dutiable Imports from
the Philippines until Congress can meet
and adopt the necessary protective tariff.
This morning The Call presents tht.
views of San Francisco merchants and
also an important interview with Frank
lin Brooks, correspondent at Manila of
the Associated Press and the .founder of
The American, a newspaper published
. there. Mr. Brooks furnishes interesting
facts concerning conditions in the Philip
pines, which are not commonly known
even by f the merchants doing business
with the islands. For the present Collect
cr of the Port Ptratton will collect duties
on Philippine importations under the
\\Yar Department tariff.
The Immediate result of the application
MOST IMPORTANT TARIFF PROBLEMS BE SOLVED
RELATING TO PORTO AND THE
PHILIPPINES REMAIN TO BE SOLVED
former attorney gener- '"
al and members of j cabi
m net who congratulate
. . him.- :;-.: ¦ ' '-¦ ¦.¦••¦ \, ¦;, ; . -• ,- , . ¦
Continued on Second Paz%'
Continued oh Second Pagre.
2TEW NAME IS SELECTED
FOB UNITED RAILROADS
St. Louis and San Francisco to Be tha
Designation of Consolidated
KANSAS CITT. Mo.. May 2S.— It Is an
nounced that the consolidation on July 1
of the Kansas City, Fort Scott and Mem
phis and Frisco railways will mark the
complete effaeement of the former road.
The new property will. It is stated, be
styled the St. Louis and San Francisco.
It was reiterated to-day on grood author
ity that the executive officials of the am
plified Frisco system will be:, B. F. Ya
kun. president; B. L. Winchell, vice pres
ident, and A. S. Dodge, traffic manager.
Officials below these axe being weighed in
the balance and the fate of many of them
yet remains to be decided. The first ef
fective etep toward actual consolidation
of the two systems will be taken at .once
"*»*¦ the abandoning of superfluous trains.
sion and exercise control over, the Philip
pines as we did over Porto Rico. •¦ A spe
cial resolution adopted with reference to
the . Philippines shows that the Govern
ment never intends to treat the Philip
pines as part of the domestic' territory of
the»United States, and 1 believe that the
court will so hold."- . '
HAVANA MEN" NOT SURPRISED.
Merchants of Cuba Look TJpbn Porto
Rico as a Rival.
HAVANA, May '28.— Havana merchants
were not surprised -by the decision of the
United, States 'Supreme /Court in the in
sular cases. Porto Rico Is not looked upon
here; as a dangerous rival, but there Is
fear that the court may give a" similar de
cision with regard to' the Philippines. . -
The .merchants seem confident that the
United ] States- "will make a '., reciprocity
treaty with Cuba: ¦
UPHOLDS : THE PRESIDENT.
Supreme Court's Action Commented
On. by Representative Men.
COLORADO. SPRINGS. Col., Mav 2S.—
Secretary 1 of the Navy Lone and^Eerialor
McMillan of Michigan, who", are in the
city , were interviewed upon the ' decision
of the Supreme Court upon the Insular
cases terminated yesterday. Following
are their opinions: ; ; \^ '. :• : : , •
SECRETARY LONG— It establishes
ing of the law.
Contention of the Government.
The Government contention Is that this
tax is not an export tax, for the reason
that Its collection is not incident to the
shipping of goods out of the United
States, but Is Incident to their shipment
into Porto Rico. It is contended by the
Department of Justice that the Supreme
Court in the case # of Woodruff against
I'arham defined exports to be articles
shipped from the United States to some
foreign port, and it Is pointed out that in
the De Lima case the court has just held
that' Porto Rico is not foreign, but that it
is domestic territory. It is contended that
the tax on imports into Porto Rico Is im
posed not under the power of Congress to
regulate commerce between several States
and with foreign countries but under the
power to prescribe all needful rules and
regulations respecting territory of the
United States, and that its purpose is to
raise revenues for Porto Rico.
Bearing ' on the Philippines.
The importance of this question would
not be great if nothing depended upon
It, except the validity of taxes collected
in Porto'RIco during the short time which
the Porto Rlcan tariff has to run before
It expires by limitation, but upon the de
cision of the court will depend the power
of Congress to enact legislation for. tho
collection of customs taxes in the Philip
pines on goods shipped from the United
States. Serious complications might fol
low a decision that such taxes would not
be valid, as the treaty, of peace provides
ant bearing on the question of what Is
an export tax. The Solicitor. General to
day obtained leave to file a petition for a
rehearing In the case K of Fairbanks
against the United States, which is the
case in which the court decided that an
internal revenue stamp on an export bill
of lading was a tax on exports and was
unconstitutional. ' .
It has been the general belief that a de
cision in the case of fourteen diamond
rings, Emil Pepke claimant, which in
volves the question of the validity of du
ties collected on Imports into the. United
States from the Philippines, would follow
the decision in the De Lima case and that
the court would hold that the duties were
wrongfully collected. . '
Solicitor General Is Hopeful.
Solicitor General Richards, however,
does not think that It necessarily follows
that the fourteen diamond rings case will
be decided against; the Government. Ho
said- to-night: "The Government ought
to and I have \ no doubt will go on .col
lecting duties on Imports from the Philip
pines as heretofore. I do not consider
that the decision in the Porto ;Rlcan case
in sny way controls : the .'decision of the
Philippines case, v; If; think , that - it ., Is
distinct. The status of the Philippines af
ter thetreaty of peace was distinct from
that of Porto Rico, both because of the res
olutions which were adopted with refer
ence particularly to the Philippines at the
time of the ratification of; the treaty, and
during the last session, and also because
of the fact that we did; not take posses-
the power of Congress to legislate
for the Territories and the new
j insular possessions. I do not care
to discuss it further.
SENATOR McMILLAN— I anticipat
ed the decision and like all other
good Republicans, am well pleased
with it. It is" good for the coun
try. The decision will enable Pres
ident Mckinley's plans to be car-
ried out now and in the future. \
CLEVELAND, May 28.— Senator M. A.
Hanna said to-day that the Suoreme
Court decisions in the insular cases would
greatly help In solving the government of
the islands.- He was. asked If he thought
the decision was entirely satisfactory
from the'standpoint of the administration.
SENATOR HAMA-I cannot j speak
for the administration— only , for
myself. Speaking for myself, 1
think . I . am satisfied with the de
cision, at least so far. as I hava
RETROGRESSION, NOT PROGRESS
Peculiar Comment of London News
Upon the Decisions.
LONDON. May 29.— The ¦ Daily News.
which comments upon' the decisions of the
United * States - Supreme Court • in the ¦ in
sular cases as "perhaps the most momen
tous which this tribunal was ever called
upon ¦ to" make," .regards them ¦ as. a "cu
rious 'issue^to 120 years of triumphant de
mocracy ,"'and says:
"It is' not^ progress, but retrogression;
not the'; advancement, of humanity, but
to the Philippine Islands of the principles
laid down in the Porto Rico cases was the
theme most discussed by business men
yesterday. The leading question naturally
w"as concerning the effect that the deci
sions would have upon the business of the
Pacific Coast. The dutiable imports from
Manila to this port are small, while tha
exports to the Philippines are. large,
amounting to from $50,000 to $70,000 per
month, exclusive of the supplies for the
army abroad. Mr. Brooks thinks that
natural conditions, coupled with a short
age of tonnage on the Pacific Coast. are.
sufficient to | prevent the Importation of
any great volume of Philippine products
for the present, even If the existing Phil
ippine tariff should be set aside by r?»3on
of the Porto. Rico cases.
Manila rope, which last year,represent
ed a value in the list of imports to this
port of. $465,771; came duty free. Tobacco,
sugar, coffee and copra are the other
leading articles of export from the Phlllp
pinesJ They did not figure very heavily
last year ¦ at this port. Auditor i Cope o*
the Custom-house has furnished The Call
with figures relating to the value of dutia
ble good3 Imported to this port during the
year 1900. By months the "totals were &3
follows: $497, February $1730,
March $1192, April $1312. May $336, Jur.a
$790, July $602. August $813. September 5205,'
October $194, December $292. .
Will Collect Duties.
The tariff - has kept out the dutiable
products of the. Philippines almost entire
ly,' as appears from these figures, but
there are possibilities to which opening
the tariff door would give rise, and this Is
the phase of the matter that has aroused
public interest. Interviews indicate that
DUTIES ARE STILL COLLECTED.
CALL BUREAU, 1406 G STREET, N. W.. WASHINGTON, May 2S.
"Wc will go right along collecting duties on' imports from the Phil
ippines," said Secretary Gage to-day. "The Supreme Court has not
decided that we cannot collect duties on Imports from the Philip-
pine?, and until such -decision Is rendered we will continue to collect
duties just as we have been doing. Importers can file their protests with
each payment of duty, and if the court finally decides that we had no right
to collect taxes the money will have to be refunded." .
Assistant Secretary Spauldlng, who has direct charge of all matters re
lating to customs, 'said to-day that he could not as yet say how much the
United States would have to refund under the decisions of the Supreme
Court. He sfcid about $2,000,000 had been collected ln duties on Imports from
the Philippines after the ratification of the treaty of peace and before the
enactment of ,the.Foraker law, but only those payments which had been made
under protest would have to be refunded, and there were no figures of the
department showing how many were paid under protest. He said he had
asked the Bureau of Statistics to furnish him with, a statement of the
amounts that had been collected on Imports from the and from
Hawaii, but had not yet received the figures. '
TsiV J3T ERCHANTS who deal In tobacco see danger in setting 1 aside the
"tvL/% tariff duties- which now shut out the product of the cigar factories
I Igf H of Manila from the States. Cheap labor is ' operating in the Phillp-
X T A. pine Islands. If the Treasury Department adheres to its present
determination to proceed as heretofore under the existing tariff for
a season, time may be gained for Congress to meet and take ac
tion-looking toward the protection of those who have their capital invested ln
this country. A case directly affecting the Philippines cannot be brought
before' the Supreme Court of the United States within a period of several
MERCHANTS SEE DANGER AHEAD.
SAYS HE FAIRLY EARNED
THE COIN HE RECEIVED
Former Captain Cyril King Testifies
About the Alleged Bribe
Given to Him.
MOBILE, Ala., May 28.— Former Captain
and Quartermaster Cyril W. King was on
the stand in the United States District
Court to-day in his own defense against
the charge of accepting a bribe from Con
tractor Hobsoii. His testimony was in ef
fect that Hobson was greatly behind in
his contract work at Fort Morgan, and
unless helped would fall. King and Hob
son agreed that the margin of loss was
between $6000 and $8000, and that if King
would give Hobson his personal services
in helping him complete the contract
Hobson would give him $3000, or one-half
the minimum amount at stake. King
said he performed numerous services for
Hobson and boiieved he fairly earned the
monpy paid him by Hobson.
Tramps Kill a Policeman's Son..
. CARROLLTON, Mo., May 28.— Charles
McKinney, a son of Policeman McKinney,
was shot and killed at 2 o'clock this morn
ing while assisting his father to arrest a
gang of tramps. Three of the gang were
arrested and placed In jail. A half-dozen
others escaped and were pursued by the
Sheriff and a posse to a point three miles
south of Carrollton, where they were sur
rounded. Here a lively fight ensued, the
tramps exchanging shots with the posse.
Two of the tramps were rounded up, but
not before the Sheriff's horse was shot
from under him. The others escaped to
Court Upheld in murderer's Case.
WASHINGTON. May 28.— The United
States Supreme Court to-day affirmed the
judgment of the Supreme Court for the
State of Washington ln the case , of
Charles Nordstrom, under sentence of
death on the charge of murder committed
In that State, and directed that the man
date be Issued at once. The case has be
come well known by reason of the fact
that Nordstrom's death sentence has been
postponed for nine years by reason of le
German Editor Fears America.
VIENNA. May 28.— The Neuste Weiner
Tageblatt in the course of an article ad
vocating the formation of a European
customs league against the United States
"America is the common enemy of all,
an enemy so formidable that each Euro
pean country must succumb unless
leagued with the rest of Europe. Even
united, Europe will have a hard fight."
Servia's Throne for Montenegro.
LONDON. May 28.— "A report is current
here," says the Odessa correspondent of
the Standard, "on apparently good
authority that King Alexander of Servia
has declared to Russia his readiness,
should he have no heir, to bequeath the
Servian throne to Prince Danilo of Monte
negro, leaving the future to decide the
question of uniting Servia and Montenegro
under the same crown." "
that for ten years Spanish ships and
Spanish goods shall be admitted to ports
of the- Philippines on the same terms as
ships and goods from the United States.
The Department of Justice may succeed
in getting some additional arguments, be
fore the court which will have an import-
CALL. BUREAU, 1406 G STREET, N.
W., WASHINGTON, May 2S.-De
cisions were not announced to-day
in the remaining insular cases, the
fourteen diamond rings case, in
volving the validity of duties collected in
the Philippines subsequent to the ratifi
cation of the treaty of peace, and the sec
ond Dooley case, Involving the validity of
duties . collected in Porto Rica undsr . th?
Porto -Rican act. . .
There Is little difference of opinion
among officials of the administration as
to what the decision will-.be in the Dooley
case. It Is believed that the court will
follow its reasoning in y the Downes case
and will hold that the tax on Imports into
Porte Rico la one which it was within the
power ©f Congress to Impose for the pur
pose of raising revenue for the island.
Eminent lawyers outside of administra
tion circles, however, are not confident
that this will be the decision. The point
was raised by counsel in this case that
this tax was really a tax on exports from
the United States and that it comes with
in that provision of the constitution which
prohibits the -laying of a tax on exporta
tions from any State. It was argued that
it made no difference that the tax was
actually collected in Porto Rico on the ar
rival of goods there and was not collected
at the time of their departure from a port
in the United States, but that it was nev
ertheless a. tax imposed .by Congress on
goods shipped out of the United States
and was an export tax within the meah-
LONDON, May 2$.— "The Boxers are
again active in all districts where there
are no foreign troops." says a dispatch to
the Standard from Tientsin, dated May 27.
"Yesterday a missionary who was going
to Tulu on the grand canal was forced to
return to Tientsin on account of a fierce
fight raging between Boxers and Catholic
converts. There was heavy firing on both
"Four thousand Insurgents from the
province of Kwaichau have Invaded the
province of Szechaun," says the Shanghai
correspondent of the. Standard, wiring
yesterday, "causing a widespread panic.
It is said that 3000 Tunnanese are about
to join them."
Agrees to British Proposal.
Dr. Morrison, wiring to the Times from
Peking, says: "M. de Giers has announced
that Russia agrees to the formation of a
¦mixed commission, such as is proviaed for
in the British proposal. It Is expected
that Russia will also agree to Great Brit
ain's indemnity proposals. Count von
Waldersee has written to the Ministers of
the powers proposing that the provisional
croverninent of Tientsin shall continue un
til the last troops have been withdrawn,
tut the Ministers are generally ln favor of
permitting China to resume the govern
French Storm Walled Town.
A Paris special says: A dispatch re
«celvefi here from General Voyron at Tien
tsin, dated May £6, says that a reconnol
terlng party came upon a walled town fif
¦teen kilometers northeast of Tingchau.
The town authorities refused to open the
gates, whereupon the French artillery
.opened fire. The wall was breached and
the town taken- One French infantryman
•was wounded. General Bailloud is scour
"ing the country with a column of French .
:troops and is supporting the Chinese regu- ,
A Berlin special says: The German
press, without exception, comments in.
Terms of approval upon the news that
; Emperor William has ordered Count von
Waldersee and the German troops to re
The reports that negotiations are in
progress between the Cabinets of the pow
ers with reference to' a joint appointment
of a commander of the troops of the allies
remaining in China are semi-ofiicially con
f.rmed. The Lokal Anzeiger says that it
hears that Count von Waldersee's suc
cessor will probably be a Frenchman.
America May Bs Left Out.
CALL BUREAU, 1406 G STREET. X.
XV., WASHINGTON. May 28.— If the
United States declines to join in an inter
national guarantee of the Chinese loan to
be raised to pay the indemnity it may be
thai Continental Europe will determine to
pledpe its credit without reference to the
attitude of this Government. The effect
of such action would be to place the
United States outside of the concert, only,
however, with respect to this one point.
The authorities have no fear that this -will
be the outcome of the discussion, though
they understand that a movement of this
kind will be attempted if the President
persists in the attitude that the Chinese
Government issue bonds bearing 3 per
< cent interest, to be disposed of as each
; nation receiving them sees fit. In view
of the comparatively small amount of the
( American indemnity— $25,000,000— the offi
cials say Jt would be manifestly absurd
for the United States to pledge Its credit
to pay, ln case of default, the sum of
. $212,000,000, all of which Is to go into the
coffers of other nations.
Regard for Von Waldersee.
In his reply to the German announce
ment of withdrawal of Field Marshal von
Waldersee, Acting Secretary of State Hill
expressed the satisfaction of this Govern
ment with Germany's decision. Having
withdrawn its troops from China, with
the exception of a email legation guard,
this Government thereby expressed its
View with rpgard to further military occu
pation of China. Acting Secretary Hill
took occasion to express the high personal
respect and esteem with which Field Mar
shal von Waldersee was regarded by the
officers of the United States in China and
their appreciation of the personal cour
tesies which he had extended to them. •
United States May Be Left Out of
Concert of Powers on the In
Insurgents Also Invade a
Province and Cause a
Fiercely Fight a Brave
Band of Catholic
ON THE CANAL
BERLIN. May 28.— Special dispatches
from St. Petersburg assert that Dr. Hen
drick Muller and Dr. Leyds, representing
the Boer republics, have appealed formal
ly to The Hague arbitration court, prom
ising to abide by the decision of the tri
bunal regarding the issues involved in the
South African war and pointing out that
several of the paragraphs of the constitu
tion of the arbitration court signed by the
powers represented at the peace confer
ence bear directly upon the South African
The Berlin papers to-night express the
opinion that it is quite possible Great
Britain would now submit the issues to
the decision of the court.
Invaders Are Checked.
CAPE TOWN, May 2S-— The dash of
Kritslnger's invaders of Cape Colony to
the south was ' checked at Vandoesberg
by the swift movement of Gorringer's and
other columns. The invaders, finding their
way barred, swerved to the northeast, to
ward Cloethe. The continued capture of
horses by the British is appreciably im
pairing the Boers' mobility.
General Schoeman Killed.
PRETORIA, May 28.— The Boer General
Schoeman and his daughter have been
killed and his wife and two others have
been badly injured by the explosion of a
shell. General Schoeman, his family and
some friends were examining a 4.7-inch
lyddite shell, which they kept in the house
as a curiosity, the shell exploded,
killing the general on the spot and mor
tally wounding his daughter and severely
injuring his wife and two other persons.
General Schoeman was a great Kruger
ite. He led the ccmmando.of t Colesburg
and surrendered on* the occupation "of Pre
toria. He was afterward captured by the
Boers and released when the British occu
pied Barberton. The general then went
on a peace mission, was retaken by the
British and was again released when the
British occupied Pietersburg. Since that
time General Schoeman has resided in
General Schoemnn,a Noted Krugerite,
Killed by Explosion of a Lyd
Willing to Abide by De
cision of The Hague
It Is Possible That Great
Britain May Agree to
THE SAN FRANCISCO CALL.