Newspaper Page Text
THE A KG US, TUESDAY. KOVEMBEK 17 1891.
Highest of all in leavening Power.
its Rights Discussed Before the
4BGUMENT IN THE LOTTERY CASES
New Orleans Newspapers Inlst on the
Right to Print Advertisements View
of the l-w vers Seeretary Foster
Slain the U About Fablishinc; Cats
of Coined Money A Civil Service K.
form Came in Conrt Howgate's Bonus
man Malrtrl in (MIG.OOO Notes front
the National Caiital.
Wamiinctov, Nov. 17. Argument in
the c:ics involving the constitutionality
ot the anti-lottery law began in the su
preme court of the United States yester
day. The cases are those of John L. Ra
pier, of the Mobile Register, and George
W. Dupree, of the Xtw Orleans States,
who were arrested on the charged depos
iting in the mails newspapers containing
lattery advertisement, and Dapree was
charged also with depositing iu the mails
a letter containing the advertisement.
The cases came to the supreme court on
applications for writs of habeas corpus
The Petitioner's Contention.
Mr. P. Taylor, attorney for Rapier,
open the case on behalf of the petitioner.
In the limited time at his disposal he re
viewed th history of the liberty of the
press, lending up to his main contention
that the anti-lot ten law, in interfering
with the freedom of speech granted news
papers and other publications by the fed
eral court, is unconstitutional. It has
been recognized, he said, that "the very
essence of the freedom of the press, which
the first amendment to the constitution
guarantees, is the right cf circulation
not along the highways of commerce over
whieh coneiess could not possibly exer
cise any control in this regard but along
the great highway of the mail, the only
highway which the government main
tains and controls.
Newspapers Not Merchandise.
The first amendment, together 'with
eleven which follow it, had been declared
by the supreme court to contain limita
tions, -not upon powers which t'je federal
government never possessed, but upon
' powers actually vested in it by the con
stitution in its original form. The only
power thus vested whose exercise could
possibly abridge the freedom or the press
is the power to regulate the mails; to that
power only could the freedom of the press
clause of the first amendment apply. If
that be true, he argued, then the very
essence of the freedom which the first
amendment guarantees is the irrevocable
right of all newspapers to circulate
through the maiis, subject only to snch
Implied restrictions as that amendment
embodies. In view of this right to circu
late through the mails, it was idle to con
tend that they stood on the same plane
with merchandise, which was entitled to
Advertisements and Editorials.
Following up his conclusions in arguing
that advertisements are a vital part of a
. newspaper, Mr. Taylor said that nothing
was better settled in the law of the press
the law of libel than the fact that ad
vertisements 'were a vital part of a news
paper which stood upon the same footing
with every other part. The power be
addod, which could dictate what adver
tisements a newspaper should contain,
could dictate what editorials it should
i contain. The distinction attempted hy
the government bad no basis either in
reason or authority.
THE CASE FOR THE POSTOFFICE.
No Limit to the 'Will of Congress A Mat
ter of Legislative Discretion.
Mr. Taylor was followed by Assistant
Attorney General Maury for the govern
ment. There was, he said, no limitation
whatever so far as the terms of the power
are concerned on the will of congress, and
if no limitation on the will of congress
existed there was no possible ground on
which it could be argued that the laws jf
congress creat ing a postal service are not
necessary and proper for carrying ont the
'- power to establish postoRices and post
roads. The whole question was one of
legislative discretion, with which the
courts could not interfere, except to pre
vent perversion and abuse.
May I seluile Papers from the Mail.
"More than a century of acquiescence of
of the people of the United Slates in a
construction of the constitution which
. proceeded on the opposite idea that the
- discretion of congress is absolute nuder
the power to establish a postal system, is
binding on the courts, as the supreme
court bod expressly ruled several times.
No one could deny that congress had the
power to aay hut shall - be mail matter
and what shall not. If congress deemed
it advisable to exclude newspapers from
the malls on aay terms, might it not do
1 1 io,t , Might it not exclude merchandise al
together? And if congress might exclude
newspapers absolutely, might it not ad
mit tbem on any terms it deemed reason-
r We7 . .
. Toot General 'Welfare" Sentence.
V " Mr. Maury went on to contend that the
' general welfare sentence of the preamble
' to the ' constitution - allowed the govern
ment to do what it sees fit to prevent iu
, self from being made an agency in pro
' nidtlng 'a pestilent and demoralizing
jjractioe, and be also argued that the right
to exercise police power over the mails
was not an abridgement of right. Con
cerning the freedom of the press, Mr.
Maury declared that the right to exclude
obsceue and other .immoral matter from
the mails had never been denied and
could apply in the lottery eases.
Another Argument for Pet itlouer. '
Mr. James V. Carter, of New 'York,
...counsel, for Dapree, followed Mr. Maury.
He contended Jtbst tougress had not, in
rirtue of Itjt authority to make laws ow.
U. S. Gov't R port, Aug. 17, 1889.
essary anu proper in oruer to carry tnto
execution the powers expressly granted
to it, the ri ;lit to pass law manifestly
and avowed y for the sole purpose of sup-'
pressing a business wit Din a state,
which th.) Mats had the right
to author ze and over which con
press has 1 o direct control; and also
that a law prohibiting the circulation ot
certain wri ten and printed matter open
to no objec ton save that it related to a
certain biisi less not criminal in itself and
permitted ly the laws of some of the
states, by I iie ordinary and usual means
of circulation provided by law for the
public genet aKy, abridged the freedom of
circulation nl, by consequence, the
freedom of t lie press.
Mr. Carter bad not finished his argu
ment wLeu the hour for adjournment
PRINT NG CUTS OF COINS.
A Cnited S am Law That Absolute;
1 orbtds the Saute.
Washington, Xov.li Secretary Foster
yesterday nu de the following statement
about the pu ilication of coin designs:
During the pit week there have appeared in
the iievt-fcpape"s in different put ts of the coun
try cits of the new designs for coins recent ly
apprcvi'l by tl e department. In some of the
papers af.-l3s have been published to the
effect that to i ublish the cut was in violation
of existing law, while in other papers it was
claimed t hure was no law that such a repro
duction on pkiit coutticted witU.
The v 4y the Matter stands.
Therefore I deem it advisable, for the benefit
of the general public, to state that while the
publishing of Mich cuts has always been con
sidered, and in fact was harmless heretofore,
there is now a law on the statute books, which
was approved Feb. Ill, 1U, that forbids the
making or publishing of anything in resem
blance to any f the coins of the L'nited States,
or of foreign governmentsaiot even the inscrip
Chinese Case Rafnre the Supremo Conrt.
Washington, Xov. 17. Chief Justice
Fuller rendered an opinion of the United
i States snprerie conrt yesterday in the
case of Lou Ow Bew, a Chinese citizen,
who resided in the United Stated for
seventeen yetrs, and was refused read
mittance to this country on his return
from a temporary visit to China Lou
Ow Bew is an importer in Oregon Before
going to China be secured proof of his
residence hero and nreseuted the turners
'certifying thU to the collector at San
iranctsco on uis arrival from China and
was refused ail mission on the ground that
he had no ce -tificate of the Chinese gov
ernment certifying bis American resi
dence. The ctse presents the question
whether Chinese merchants are on the
same footing as Chinese laborers, the
latter being barred from this country
whenever t hey leave it. The case was one
of appeal for a writ of certiorari, and the
writ was grant fd.
An L'nplei'.sant Kclio for Rogers.
Washington, Xov. l". An echo of the
j eise of Captain Howgate, who embezzled
a large amount cf money from the gov
ernment while cuief of the signal service,
was beard in t he supreme court of toe
United States yesterday in the announce
ment of a deciton by the conrt affirming
the judgment of the circuit court for the
southern district of New York in the case
of Lebbens H. " Rogers, one of Howgate's
bondsmen fron. whom the United States
recovered judgment for $115,000 to cover
Howgate's peculations. The judgment in
the case is affiimed, and Rogers will be
obliged to pay tae amount of his bond to
the United States.
A Civil S rvice Keform Case.
Washington, Nor. 17. Chief Jnstice
I Bingham, in the district court in general
the conrt overri ling the demurrer made
to the indictment against C. A.Newton,
president of tb Old Dominion Repub
lican club, for alleged violatiou of one of
! the sections of the civil service law pro-
I wiuiuuK luo Buucuauuu ui piiiiiicut con
tributions in a government office, Xew
' ton's counsel gave notice that be would
j appeal the case to the United States su
Minister Potter on a Visit Home.
Washington, Xov. 17. Minister Por
ter did not call at the department of state
yesterday, lie wm granted leave of ab
sence with permission tr visit the United
States, so his visit to Washington is re
garded to have nc. special significance, as
itis customary for ministers on their re
turn from abroad to call aud pay their
respects to the sei retary of state and re
ceive any instruct ions he uiay wish to give
them. The rumor that Italy has sent an
ultimatum is generally discredited here.
The Lutes' Price or Silver.
Washington, Xov. 17. The treasury
department yesterday purchased 40,0uu
ounces of silver at from 0.ut. to J.947
per ounce. '
Swept 07 a Cyclone.
Nw YOKE, Xov. 17. A special cable
dispatch to. The Herald from Buenos
Ay res says a terrible tornado passed over
the province of Haute Fe, thirty miles
from Rosario,' Friday night, causing
great destruction to property and loss of
life. The town of Arroyo Seco was en
tirely destroyed. The number of deaths
is reported to be forty and of wounded
thirty. A train of eighteen coaches was
at the station when the tornado swept
through the towr. It was overturned
and many -of the passengers were bwried
in the wreck. The details of the disaster
are meagre ou account of damage to tele
graph liue., v.
Ltepew Is Popular in Luonn.
DUBLIN. Xov. 17. The American memo.
rial exercises in hot or of Parneil are very
favorably com meats! on here, and espe
ciatlv the tone of tie oration of rimnn.
cey M. Depew. so far as cabled. The Par
nelliteji are asrjecaallr a ratified bv the e-i.
dence of high regar I for the late leader,
and they are aiscusnng anotoer mission
to America for fund i.
A Great Combine oF Farmers
ALLIANCE MEN AT INDIANAPOLIS.
Many Schemes Mooted That Will Tro
Vke Discussion and Perhaps Disnr
ganiaation The ub-Treasnry Idea Not
Unanimru.tr Approved Opposition
from the Northwest No Alliance
Totes fur Cleveland, Harrison or Stan
ford. lMiAXAP0U9, Xov. 17. There are in
fluences at work among the delegates to
the supreme cx nncil of the Farmers' Alii
ance which met here today, which if not
checked bid fair to disrupt the organiza
tion. The first of thee influences was set
to work yesterday when a delegat ion cf
seven men. headed by U. S. Hall, of Mis
souri, arrived as the committee from the
national nnti-sub-trentairy element of the
party and announced that they would
present an address to the council asking
that the sub-treasury plank bo omitted
from the platform and that it be unt quiv
ocally disapproved. 1 he committee was
charged with this duty by a convention
held some time ago at Columbia, io., and
Its members are unanimous iu the senti
ment that a refusal on the part of the
council to comply with the demands will
divide the organization and result in two
factions, one representing the south aud
the 01 her the northwest.
Third Party Issue To Be Forced.
With the lapse of time the determina
tion of the third party advocates to foice
the issue upou the council becomes more
pronounced, and they are gaining
strength where the Alliance least expected
it. Yesterday an important coDfereuce of
the third party advocates was held at the
hotel headquarters. Mr. Taubeneck, of
Illinois, presided,-, aud a general discus
sion of the subject ot turning the Alliance
into a political party was engaged iu. To
the surprise of the Alliance leaders Post,
of Georgia; Stewart, of Texas, and a large
number of delegates from the west and
south attended the meeting and took part
in the conference as advocates ot the
change. While the west and the north
west were known to have strong sympathy
for such a movement, the south was sup
posed to be solid against it.
Are Going to Work in KarnesU
The meeting determined to present a
proposition to the Alliance for a unit n
between the People's party and the coun
cil, and adjonr.ned till Thursday to await
further developments. lathe meantime
the raerrrrjers of the conference pledged
themselves to canvass the delegations and
do all in their power to increase the senti
ment for a third party. The Alliance
leader those who favor confining the or
ganization to its present sphere, confess
that the outlook is gloomy, but express
the hope that second sober thought will
find the delegates tru? to the pledges
made their constituency, and that the
proposition wheu made will be rejected.
The Tteform Press Association.
A third influence at work is the Reform
Press association. It held a meeting yes
terday to consider that clause in the con
stitution which provides that all papers in
the association shall advocate all the de
mands of . the Alliance. Objection was
urged t this clanse that it practically de
stroys the independence of the members,
making them mere machines, and that so
long as such a clause is adhered to the pa
pers cannot possibly exert any influance
in the Alliance. The real objictof the
change, it developed, is to admit the pa
pers of the People's party. These do not
indorse the snb treasury scheme and 'fan
not become members cf the press associa
tion as the constitution now stands,
GREAT FEDERATION SCHEME.
A Move to Weld All the Mechanic and
A scheme for the federation of all the
elements ot farmers aud mechanics was
developed yesterday when the national
committee ot federation held its meeting.
This body proposes, to federate the Alli
ance aud Industrial Union, the Farmers'
Mutual Benefit association, the Knights
of Labor and t he national Alliance into
oue organized whole, and the preliminary
Bieps have already been taken. The only
body outside of the Alliance which was
present yesterday was the Knights of La
bor, who were represented by the execu
tive committee of the order, empowered
to act finally iu the matter.
Some Difl'ereuce of Opinion.
There is considerable division among
the aAlliance delegated regarding the ex
pediency of such a step, but it is not such
as will lead to bitterness between the
members. The opponents of confederation
take the ground that the Alliance is es
sentially a farmers' orgauizition aud that
there is not enough in common between
the Kuights of Lultor aud the Alliance to
justify a federation. If.it should happen
that political action is decided upon the
kuights will certaiuly be federated with
the Alliance. ns the prime object then will
be to secure voters.
The Alliance Vote In
In an interview last night Conzn sstuan
Livingston said that neither Cleveland
uor Harrison can carry the Alliance vote
next year, and it would be follv for the
parties to nominate them expecting such
snpport. "If the tariff were the only
question," said he. "Cleveland wonld be
supported by the Alliance, but there will
be other issues ou which his position is
Senator Stanford Not Popular.
President Polk derided the newspaper
reports favoring Stanford and himself a
a national ticket. .Stanford," said he
"could not get an Alliance vote for con
stable." Congressman Jerry Simpson, of
Kausas, arrived yesterday, lie is jubilant
over the outlook" and says the People's
party and the Alliauce will soon be
Opening of the Coaventloa,
The supreme counsel opened this morn
Ing. ' Mayor' Sullivan delivered the wel
coming address for the city aud President
Force for the state Alliance. Responses
were made by J. F. Tillman, of the na
tional board, and J. '. Willets, of Kau
s, national lecturer.
Murder Over a Came of Cards.
Canon City, Colo., Xov. 17. In a row
ever a game ot cards in a saloon at Chand
ler Creek . yesterday John Cox shot aud
killed John Anderson and then shot J. I.
Calhoun in the neck, 'inflicting a wound
from which be died in the afternoon. Cox
then fled tv the hills and has not bees
captured.. t ..'
' What is lacking is truth
If there were absolute truth
on . the one hand and absolute
confidence on the other, it
wouldn't . be necessary for the
makers of Dr. Sage's Catarrh
Remedy to back up a plain
statement of fact by a $500
They say "If wc can't
cure' you (make it personal,
please,) of catarrh in the head,
in any form or stage, we'll pay
you S500 for your trouble in
making the trial."
"An advertising fake," you
Funny, isn't it, how some
people prefer sickness to
health when the remedy is
positive and the guarantee
Wise men don't put money
back of " fakes." .
And " faking " doesn't pay.
Magical little granules
those tiny, sugar-coated Pel
lets of Dr. Pierce scarcely
larger than mustard seeds,
yet powerful to cure active
yet mild in operation. The
best Liver Pill ever invented.
Cure sick headache, dizziness,
constipation. One a dose.
: Shirt Factory :
"We are now prepared to take
your measureland make
. your SHIRTS.
AND FIT "
Prices is Low as the Lowest.
All kinds of Kepsinng done.
Also agent for Rockford Clothing Company.
Fine custom-made pints from S3 to $10.
1609 Second Avenue, Bock Island.
Over Loosley's Crockery store.
Is not s cormetic In the sr use in wbicn tht term
Is popularly used, but permanently bettutiflee. It
creates a soft, rmooth. clear.telvecy rkin, and bv
daily use gradually makes the comp'leiton several
ehades whiter. It is s constant protection from
the effects of sun and wind and prevents sun
burn and freckles, and bkekbeada will neier
come while )ou use It. It cleanses the face far
better than soap and water, rourisbes the skin
tissues and thus prevents the formation of wrink
les. It giver the freehntss. rlesroets and smooth
ness of skin that )on bad when you was a little
girl. Every lady, young or old, ought to use it,
as it gives a mora jot thful appetrarce to any
lady, and thtt permanently. It contains no acid,
powder or alkali, and Is as harmless ss dew anil
a. nonrirhine to the skin as dew Is to the flower
Price $1 00, at aUdiugalKtsand hairdresser!
or at airs. Gervatae Graham's tstahlienment, tfg
Post street. Ban Francirco, wbeie she treats la
dies for all blemlrbes cf tbe face or furore La
dies at s distance treated by letter, besd tamp
for her little book "How to be Beautiful "
SAMPLE BOTTLE mailed free to at 7 lad on
receipt of lOcentsin stamps to ray for roetage
and packing. Lady agents wanted.
Cures the worst cases of Freckles, Sunburn,
bailownets, Moth-potches, Pimples, and all ckiu
blemirbes. price SI. 60. Harmless and ef
fective. No tample can be sent. Lady amenta
THE DRUGGIST in th's town who first orders
a hill of my preparations will have his name ad
ded to this advertisement.
My preparations are for sale, by 'wholesale
druggists in Chicago and every city west of it
- - THE MOUNE
STATE SAVINGS BANK.
MOIjINE, - ills.
base Corner Fifteenth street and Third Avti
Succeeds the Moline Savings Bank. Orgaulaedlge
I Fit HIT. IITEBEST PUB 81 DEPOSITS. , '
' Organized under SUte Laws,
Opea from f a. m. to 8 p. m.,"and Wednesday ana
Saturday nlshu from 7 to 8. .
PoBTaaBB.ini.iB, - . . President
H.A. AiMswoara, . . Vice-President
C F. UsaSMWAT. - - - . Caahier
' J'SMoner, S. W.Wheelock,
r. A. Hose. H.A.A!nsworth,
9" ? Btwd W.H. Adams.
Andrew Frtberg. C. F. Hemenway,
, Hiram Pari ng
BUY A BUFFALO
Wyoming lot. It's She oomina city of Wyoa
m'wJr'J the garden of Wyoming
MAH2T ft TBOlf, Baffala, Wye.
This firm have the exclusive sale for thia county of the
Piaros eirjcl Oro-ais,
WEBER, RTUYVESANT, DECKER BROS., VHEL0"7
ESTEY, AND CAMP & CO. '8 PIANOS "
And the ESTEY, WESTERN COTTAGE and FAR
RAND & VOTEY ORGANS.
s3FA full line also of small Musical merchandise.
THE MOJLINE WAGON,
Manulacturers ol FARM, SPRING AND FREIGHT WAGOa
A.full and complete line of Platform and otber Spiirg Wtgrns, errrriai:y acsir.c tr tie
western trade, cf superior workmsnsliln and ni,ii-h. liluein tn 1 rue Lit; iittn
application, bee tae HUUM VtAGliN before purchasing.
INCORPORATED UNDER THK STATU LAW.
ROOK ISLAND, ILL.,
Open daily from 9 a. m. to 4 p. m., and Saturday evenings from 7 to So'cKvk.
Five percent interest paid on Deposits. Monev loaned on Perscsal, Co:-
lateral, or Real Estate Security
I. P. RHTNOLTUt, Pres. F 0. DBNKHANN, Vlee-Pres. J. M. BUF0RD, Cut's.
P. L. Mitchell, K. P. Reynolds, F. C. Dcnkmsnn. John Crubaneh. n. P. E.:i,
Fhil.MUchell, L. Simon, B. W. Hurst. J. kt. Balord.
Jacksob A Hdbst, Solicitors.
s3TBegan business July 8, 180, and occupy
C. 0. 13.
221 and 223
AL Lssudry Work dose on short notice.
A specialty or Dress Skirts.
Prices as Low as the Lowest.
Easily, OuMkly, Permanently Restored.
Weaaiaeaa, BJerveaaaeas, BtMHtf. and all
tbe train of evils from early errors or later excesses,
tbe results of overwork, aickness, worry, etc. Full
stfeaata, eevelopsMnt, and tone r"To to every
fasaa4 portion of tne body. Bisaple, natural
methods.. iMmwii i........t v 1 1
anpaeitble. IMA referenees. -Book, --rlaaaUuni
L: riRs PflAL I
We have in
nnr pnii.nf . p.., ...
Wagon Co, -
the southeast corner of Mititill A 1 vicVtuw
W. C. MADCKER,
Having; pnrehawd 'i f
Property which he has had rt5::ed for tie ts
tel business, is now prerrf to a?o
modate trsnsirnt gut :.
Dav and Regular Boarding
st very rcssouable pr.ces.
He is also engaged la tie
at the same place with a chclre lot of Grow!"
Farm produce a epef ia.17.
No. 1724 THIRD AVE
A. M. & L. J. PARKER,
rorsiBTiB. i- '
tW-rirst-class work aid sca! ttt''1
auu l o v . T ion
Telephone No. li
Leave Your Orders for
J. Lamp s,
Coraer Eleventh .tree! ad Te.:b "
H. F. LAMP 80488
snavtVMt, vv.. SJWrr A,V, H. T.