Newspaper Page Text
and Daily Argus
VOL. XL. NO. 290.
KOCK ISLAND, WEDNESDAY, OCTOBER 12, 1892.
STATE Oil DISTRICT
Which SJiould Chooesthe Pres
READY TO WEAR
- The greatest desire of every parent is to get the
best made, stylish and original clothing for their
children at as
little Cost as Possible.
We are prepared to show you by LARGE
ODDS a more complete line of boys and chil
dren's clothing than you have heretofore seen in this
city, and at much less cost.
; Why Pay $6 and $6.50
for a Child's Suit elsewhere when you can get a
first-class suit at
The London for $55
equally as well made if not better and much more
We have made a special effort this season in
our children's department to be leaders in price, style,
quality and workmanship. Don't buy your boys and
children's clothing until you have looked through
our beautiful line.
SAX & RICE, New Props.,
The only Cash Clothing House.
Don't forget we have the largest line of Men's
dress and busi
ness suits, under
wear, hats, caps,
for 48 cents,
worth 75 cents.
MICHIGAN'S MINER LAW ON TRIAL.
The National Supreme Court to Fass
Thereupon Attttraey General Miller, In
His Private Capacity, Makes an Argn
nient The Election a State Affair In
Which Every Citizen Has a Right to
Vote for All the Electors The Time
Ripe for Settlement of the Question.
Washington, Oct. 12. The supreme
court of the United States yesterday heard
the arguments of counsel in the matter of
the appeal from the supreme court of the
state of Michigan involving the constitu
tionality of the law passed by the legisla
ture of that state providing for the election
tf presidential electors by districts. The
motion to advance was made by H. M.
Duflield, counsel for the appellants, and at
once granted by the court. Plaintiff's at
torneys were H. M. Duflield and E. A. Ba
ker. For the defense were Attorney Gen
eral Kilis and Otto Kirchner. Mr. W. H.
II. Miller, attorney general of the United
States, also appeared and made a brief ar
gument against the validity of the state
The Attorney General In the Cane.
The argument of Attorney General Mil
ler in the case was unexpected. lie did not
appear in his official capacity, however, but
as an ordinary attorney at the request of
Mr. Duffield. Hut in view of the president's
suggestion in his message to congress last
winter, referring to the desirability of uni
form practice in the matter of choosing
presidential electors, and of the relations
between the president and his attorney gen
eral, Miller's remarks possess unusual sig
nificance. In the course of Kirchner's arma
ment he insisted that the case should have
no standing in the court for the reason that
it was the result of a conspiracy by the lie
publican party to drag the supreme court
of the United States into politics.
Thinks the Time to Settle It Is Now.
Miller paid some attention to the asser
tion in his remarks. He said: "I shall
occupy but a few minutes as I have but re
cently come into the case. As a prelimi
nary I would suggest that there may never
be a better time to decide this question
than now. For manv years the laws have
been in entire uniformity until this act of
the state of Michigan was passed; and now,
at the very threshold, before any action has
been finally taken or the election of the
president has been challenged now, if
ever, it should le once for all settled and
determined what is the rule of action in
this matter, if there is a case here proper
ly presenting the question.
The Courts Dolus About Right.
"I want to say one tiling further pre
liminary.dilTeriiig from the gentleman who
has addressed you, that I hold it tol)e one
Of the most hopeful signs of the times that
the courts are arousing, or are being
aroused, to the fact that ifthe rights of the
people are to lie preserved they must be
preserved by an observation and enforce
ment of the law; and that they are pre
paring to take and are taking by thethroat
the various political bosses who, assuming
that the questions are purely political, are
committing grand larceny without refer
ence to the rights of the people of the
United States. And in saying this I am
not saying it as a partisan. I
Itoth Parties Need Discipline. I
"I am ierfetly well aware that the people
have been rojiied by unjust apportionment
by the party to which I belong, as well as j
by the party to which I am opposed; and it
is birrh i.irti llijit. tb rniirf clutnT.l
..- ...... ...... .v -.., . ' 1 1 v , i i i
nil, say to these worthies: 'It is just as
much larceny to steal a political rinht as it .
is to steal private property.' Hence. I sav ' the state?
that if this c:ise is here in such a way as ! Miller Yes,
that the court may properly take hold of it. I tute the state.
it is not only the duty but it seems to 1,3
the highest opportunity for the court to
serve the country and help to preserve its
Meaning of the Constitution.
"Now, if the court please, there are two
or three provisions of the constitution, and
two or three sucircstions growing out of
these provisi tis, to which I wish to call
attention and 1 shall do it very brietly, not
elaltorating them because I have not t ho
time and because I have not made such
prepan.tion as to justify me in taking up
time which may be very much better used
by my associaties. I want to call attention
to the fact tl.at it was the purpose of the
mi the manner 01 iue execution or me
Questioned by Justice Gray.
Question by Justice Gray Do you
find, Mr. Miller, that while the district
system of choosing electors prevailed in
some states it was challenged at anytime
as being beyond the power of the legisla
ture? Miller My understanding is not that the
question wes ever raised, but that it was
Amply taken by consent, and as I under-
j stood was stated when Mr. Duflield was on
i us ieet mere was out one election wliich
oum nave oeen at an anectea Dy the
decision of this question one way or the
Duffield That occurred at the time when
the original theory was in vogue that each
elector exercised his personal judgment as
to the president.
Turning? an Argument End for End.
Miller then resumed: "I want to call at
tention to some other cases in which the
states are mentioned, and first to sub-section
3 of Article 1: Representatives and
direct taxes I will say that I a".n not aware
whether some of these things are upon the
briefs because with them I have had noth
ing to do shall be apportioned among the
several states which v a V included with
in the Union accord inj..Vj their respective
numbers.' Now, if this rule lie correal,
that the states may divide themselves up
into fractions, and may make these frac
tions amenable to the general government
for the performance of duty imposed, then,
turning the rule alHiut, may not the gen
eral government apply the same princip!
to this provision: 'Representatives ai.l
direct taxes shall be apportioned amo- ;
the several states which may be included
within the union.'
A Couple More Snggestetl Iaral!els.
"And yet would atiytiody pretend that
coneress had the power to do anything
more than assijm a number of representa
tives to the states Has congress the power
to divide up the state of Michigan into con
gressional districts, and say this one shall
have one representative or one elector? If
not, why not? Simply because congress
deals with the state in its sovereign capac
ity, and it has no power either in direct
taxes or in the matter of representatives to
go any further. Supposing there was a
provision authorizing a state to issue lxmds,
could the state under such a power as that
provide 1 hat one liond should lie issued by
each county, and require the person entitled
to that liond to take such a liond, or would
a person entitled to a loiid of that kind Iks
entitled to have as a security a bond of the
The Whole State Involved.
"I say that this matter of political rights
and duties is distributed among all the w-o-ple
of the state. As well say if astateorcity
were authorized and required by statute to
make conveyance of such real estate as
it might own in some business transac
tion, that the grantee could lie required to
to take the deds from different counties,
townships or wards for fractions of such
real estate. The party is entitled to a con
veyance, from the whole state; and so all
the people of a state have a riuht to exer
cise whatever right or privilege may inure;
in tins power becanse ull the people in the
state of Michigan are, so to speak, . iijuiiT
in common of every iMililicnl right and
privilege which they enjoy under the con
stitution as ( nizens of that state."
Cross-Kxiimiiwtl by Kirchner.
Kirchner Suppose the constitution im
posed proper qualifications which disfran
chised one half ?
Miller TI - question wouldariseastoth.it
as argued by Mr. Duflield, as to whetller it
was competent to impose any such qualifi- I
cations; but if there' were such a qualifica
tion then they would not have the right. It
is only the people wlio have the right; there
is no question that all the people, entitled
to vote have the right.
Kirchner That is dependent entirely on
state action, is it not
.Miller Subordinate to the requirements i
oi me teueral constitution.
Can't Divide the Responsibility.
Kirchner Do not the neoule constitute
Single Copies S Cent
Par Week 1ft K Cents
Go-,5ve, Western Traffic Association.
CnicAoo Oct. 12.-The Western Traffic
association has yielded up the ghost. This
result has been looked for for several
weeks but the death knell was rung in
W Wk yesterday when the advisory
board adjourned sine die because tK
failure of sufficient members to attend to
secure a quorum. When the committee
went into session at 10 o'clock yesterda?
morning .the representatives of the Burlin
ton and Quincy and the Iowa Central, as
well as those of several other roads, were
conspicuous by their absence, and a resolu
tion to adjourn was after some debate
unanimously adopted. ueoate
Chattanooga Goes Democratic.
CnATTANOOGA,Oct. 12. Chattanooga yes
terday elected seven Democrats out of
eight aldermunic candidates, securing con
trol of the city government for the first
time in the city's history.
it is the people who consti-
tion of. president the states should act
and should Ik- represented as states; that
t here was a purpose to maintain the dual
character of the government in that re
gard, and that this is a provision for stato
action and that it was done oil purpose.
THE ARGUMENT FOR STATE ACTION.
States Have Each One Vote in Cases ol
"That it was designed that the states
should act appears most clearly in what
immediately follows in the section of the
original constitution and the section of the
twelfth amendment having reference to this
matter. Af U providing for the canvassing
of the votes and the declaration of there
suit, it then provides for the case where
there is no election, by an election by the
house of representatives; and how? By the
representatives of districts? Xo: but each
state shall have one vote. It is state action
not only in the original provision of the
constitution, but t he same provision is car
ried into the twelfth amendment, showing
that the convention not only believed th
had provided in the original constitution
for state action, but when they came to
amend the constitution in the twelfth
amendment the same provision in made.
Tower of the legislature.
'"And in choosing the president the votes
shall be taken by states, the represciitutiiT
from each state having one votj.' D r.-
that look as if it were the purjio.se. to wipe
out the states, and in the language of U.e
political platform of twenty years ago:
'Remit the question to congressional dis
tricts.' It was clearly the purpose to
maintain and preserve state action. This,
as has already been said here, is a power
granted to the state to act, the manner oi
the action to be designated by the legisla
ture. It is not a grant to the legislature
of the power, it is a grant of the power to
the state, the. legislature, blmply to rtyu-
Kirchner If they made a debt then all
would have to sign it?
Miller They or their representatives, un
doubtedly. And when their representa
tives signed it would become the debt of
the state. They could not provide that the
people of one township shall sign a deed for
part of the land or a bond for part of the
debt, and another township for another
part. That what you are trying to do.
I'ower Not To Re Delected..
Miller continued as follows: -One fur
ther suggestion. This is a power granted
by the national constitution to the state;
the state has no power to delegate that
power; the state must exercise that power
f ramers of th: constitution t hat in the elec-1 itself. It may do it by agent, but it must
be the agent of the whole state. It cannot
take l Le power to divide it into fourteen
parts mid .-y this fraction of the people
may exercise this part, and this fraction of
the people another part. It must act by
its agent, but cannot delegate a power; ft
must exercise it all itself. It was suggested
here that this court could not decide this
question because someliody else might un
dertake to decide it afterward and disre
gard it. That sort of argument would pre
vent thiscourt deciding any quest ion or any
case upon which another department of
the government might lie called upon to
A Rather Remarkablo Family.
WALTHAM, Mass., Oct. 12. A remark
able reception was held in Waltham Mon
day evening at the residence of Alden B.
Brown, the central figures being three of
Mrs. Brown's aunts, who are triplets and
69 years of age. Mrs. Brown's mother, a
sister of the triplets, and herself a twin,
was also present. The triplets are Mis.
Martha A. Hngen, of Kast Somerville; Mrs.
Sarah A. Fussett and Mrs. Mary A. Fassctt,
both of Xorth Union. When young girls
they all worked in the cotton mill with
General lianks when he was a bobbin boy
there. This was the first meeting of these
ladies for twenty-six years.
Nearly Killed the Whole Family.
Boston, Oct. 12. At Wollaston Monday
the family of George Gate, consisting of
his wife, his mother, Mrs. Laviuie, T. Cate,
aged 70, and Marion, Willie and Elsie Cate,
aged respectively 3, 4 and 5 years, were
found prostrate on the floor and in a dying
condition by a grocer's clerk who visited
their house in Chester street for orders.
They had apparently been overcome as a
result of a gasoline stove having vitiated the
air of the room. The elerk dragged them
into the air and summoned medical assist
ance and all were saved except the little
boy Willie, who. died.
The Weather We May Expect.
Washi.vgton. Oct. .2. The following are
the weather indications for twenty-four hours
from 8 p.m. yesterday: For Indiana and Illi
noisFair, warmer weather; southerly winds;
followed by cooler weather and showers. For
Lower Michigan Fair weather, southerly
winds, followed by showers tonight. For Up
per Michigan Local showers; southeasterly
winds; cooler in western portion. For Wis.
consin Increasing cloudiness, with showers;
brisk and high southerly winds; cooler by
tomorrow. For Iowa Showers in western
portion; fair weather, followed by showers
during the afternoon or night in eastern por
tion: brisk and high southerly winds, shifting
to westerly; much colder tomorrow morning.
LIVE STOCK AND PRODUCE MARKET.
Chicago, Oct. 11.
Following were the quotations on the board
of trade today: Wheat October, opened
etc, closed :-."$: December, opened 75"tfc.
closed 'ii'i'r. May. opened sijc, closed 807c
Corn October, opened fcTtjC, Mused 42J-4C; De
cember, oiiened 4;S;feC. closed 43tjc; May. opened
4TJ-4C, closed 4nc Hats October, opened .
closed 2!"ie; December, opened 3260, closed
31?4c: May, opened a5?vc, closed 3&ic Pork
October, opened $11. JO. closed $11.20; No
vember, opened 11-K. closed $11.25; Janu
ary, opened ?12..rJ. closed &12.42V6. Lard
October, opened closed S8.37H. I
Live Stock Prices as the Union Stock yards
today ranged as follows: Hogs Market
rather active on packing and shipping ac
count; opened firm but later ruled easy; sales
ranged at ?4.155.M pigs, $5.0f&5.70 light.
$4.M&5.15 rouiih packing, $5.055.70 mixed,
and go,: 13-5.75 heavy .packing and shipping
Cattle Market only moderately active; feel
ing Eteady owing to moderate supply; buyers
backward: quotations ranged at $4.85&
5.50 choice to extra shipping steers,
$4.354.90 good to ofaoice do, $3.7O54.20
fair to good, $3.1053.80 common to medium do,
fa.lMft3.75 butchers steers, $2.0033.00 stock era,
(1.252.75 Texas steers, $2.5tr&&00 range steers,
$3.0OS3.e0 feeders, $1.75(22.75 cows, $L752JO
bulla, and S2.2.V&5.25 veal calves.
Sheep Market rather active; prices ruled
weak; quotations ranged at $3.00&4.20 per 100
lbs westerns; $3.254.6 natives, $2.50(33.75
Texas, and $3.0fi;ys.50 lambs.
Produce: Butter Fancy creamery, 2425o
per lb; fancy dairies, 17(&-SJc; packing stock, 14c
Eggs Striotlx fresh. ltt&19J4o per dozen.
Poultry Chickens, 10c per lb: ducks. 10c:
geese, choice, S6.5O&7.00 per dozen. Potatoes
Burbanks, StK'jUtc per bushel; Hebrons, 55356c;
Early Rose. baj&Mc Apples $2.75(33.00 per
barrel. Cranberries Cape Cod, $&506.73 per
New York. Oct. 11.
Wheat No. 8 red winter cash. TWiljaOc;
October, 79c bid; November, 80c; December,
81 Vic; May, 87c. Corn No. 2 mixed cash,
51J-4C; Octolier, SOlia November, SOJc; Decem
ber, 52c Oats No. 8 mixed cash. 35yc; Octo
ber. .1i'jc; November. 36V6c Kye and Barley
Nominal. IPork Moderately active and
williout change; old mess, $11.7512.00. Lard
Quid; November, $7-S4; December, $7.45.
Live Stock: Cattle Market firm, but no
trading in beeves; dressed beef, steady; native
sides, 7 S'4c iier lb. Sheep and Lambs Mar
Uet slow, but steady; sheep, $3J30&4.87!4 per 100
lbs; lnmbs. $. 2D4t.12. Hogs Market steady
live hogs, $5.6UJifiJU per 1UU lba.
The Loral Jl ark eta.
Shue'nff l.O0 pt-r cwt.
Hay Timothy. S-ilO; npland, $3210; slough
S&S8; baled. 11 01-&W.B0.
Batter Fair to choice, ISc ; creamery , JSQ&4C
Ecsrs Fresh. 15c; packed 10c.
. Poultry Chickens. lOai-i; turkeys 12fce
ducks, l'-'Hc: geese, 10c.
rKVIT AND VEOSTABLSS.
Apple $2.2Tt52 75 perbbL
On ion SOfiS-Sc,
Catt e Butchers pity tor com fed steers
S'444c; cows and Heifers, UL3c; calves
Hard 7 TYV: 75.
Soft 1 IG&3 30.
Common boards $18.
Joil scantling and timber, llto 16 feet. $18.
F.very aiiditioual foot in length 50 cents.
X A X Shingles tl 75.
Lath f J 50.
Fencire 12 to 16 feet $1S.
ock board,rough $ld.
IT IS TriEPEOPltr
a. -r m m j v
AND NOT THE TESTIMONIALS
OF PURCHASABLE CHEMISTS.