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THE INTER MOUNTAIN IS THE BEST PAPER THE STATE FOR WIDE-AWAKE ADVERTISERS. Butte Inter Mount/ vol. XXI. NO. 59 Cloudy Tonight, Tuesday. BUTTE. MONTANA, TUESDAY EVENING. MAY 28. 1901. Probably Showers. PRICE FIVE CENTS THE SUPREMEJJRTIS ADJOURNED DID NOT FINISH UP ALL THE INSULAR CASES~THE PHILIPPINE DIAMOND CASE AND THE "SECOND DOOLEY CASE" GO OVER UNTIL NEXT TERM-SENATOR FQRAKER TALKS ON THE DECISION. ________ (By Associated Press.) Washington, May 228.—After a session of three minutes today, the United States supreme court adjourned until the sec ond Monday in October. The brief ses sion was devoted to the formal disposi tion of motions. The two remaining insular cases, ono of them that of the 14 diamond rings dealing with importations from the Philippines, and the other known as the "second Dooley case," involving the question of exportations from the United States to Porto Rico, failed to receive attention today and they go over until the next term. The treasury officials discussed with much Interest today the decisions of the supreme court yesterday in the insu'Dr cases, and the conclusion has been HI i SENATOR JAMES B. FORAKER. ' reached that nothing in those decisions is conclusive upon the government to change Its administration of the laws aa to the Philippine islands, and therefore duties will continue to be collected on imports from those islands as heretofore, until the court shall have decided specifi cally that the islands are in the same situation with respect to the Unit id States as Porto Rico. New York, May 28.—Senator J. B. For aker made the fçllowing statement con cerning the supreme court decision: ''In order that the decision may be fully understood, it is necessary to bear in mind that Porto Rico has passed through two distinct periods that have relation to these cases. "In the first place, prior to the Span ish-Amerlcan war, Porto Rico was a pro vince of Spain, and as such, foreign ter ritory in every sense of the word. The Island remained foreign territory In a le gal sense,notwithstandig our occupation until the treaty of peace, when it ceased to be foreign territory and became a pos session or dependency of the United States, but not a part of the United States. Being a possession of the United States it 'was then domestic territory. "It is domestic territory still, but it un derwent a further change In its legal con nection with the United States when the law providing a civil government and the tariff duties for the support of the same. Since April 2, 1900, it is territory belonging to the United States, with re spect to which United States congress has enacted legislation fixinng the status of its inhabitants, providing a govern ment for them and providing also for the necessary revenues to support the same. Between the ratification of the treaty of peace and this legislation of AprïT 12, 1900 it was territory of the United States with respect to which congress had not exer cised any power whatever. "What the court directed was that, while we were occupying Porto Rico prior to the ratification of the treaty of peace, it was foreign territory, and our government was military, and aii that was done was in the nature of a military necessity and valid on this ac count; that from and after the ratifica tion of the treaty of peace It was no longer foreign territory, hut domestic DIDN'T KNOW IT WAS LOADED Boer General Making Friends With a British Lyddite Shea—A Ter rible Explosion Resulted. (By Associated Press.) Pretoria, May 28.—The Boer general, Shoman and his' daughter have been killed and his wife and two others have been badly injured by the explosion of a shell. General Shoman, his family and some friends were examining a 4.7 lydite shell territory within the meaning of our tariff laws, according to which tariff duties can be collected only on Imports from foreign countries, and that conse quently the duties collected on Imports from Porto Rico after the ratification of the treaty of peace and prior to April 12, 1900, when congress first legislated, were illegally collected, however, not because congress was not without constitutional power to impose duties on importations from orto Rico, but because during that period congress had not so legislated. . ''The third proposition decided by the court, and the one of supreme Import ance, was that Porto. Rico, being a ter ritory of the United States, Is not a part of the United States, but only, territory belonging to the United States, and that it is therefore within the constitutional power of congress to so legislate w-ith respect to it, including the imposition of tariff duties, as it may see fit, and congress had so legislated on the 121 h day of April, 1900, the provisions of that law are valid and to be upheld and en forced; in other words, the effect of the decision is that the constitution doej not follow the flag, and congress his plenary power under the constitution to govern our insular acquisitions accord ing to our several necessities. "The court goes even further and says if there were no constitutional privi leges investing congress with this power it would nevertheless 'ex-necessitate* have this power, since the states acting in their statal capacity could not provide the necessary legislation, and political sovereignty can be exercised only by the political department of the government. "The decision is a complete vindica tion of the position held by the repub lican party with respect to the power of congress to legislate for Porto Rico and the Philippines, and settles it once and for all that the United States is the equal in this respect of-any other gov ernment." Solicitor General Richards made the following statement containing his Inter pretation of the Insular decision to-day: "The question involved in these cases was whether the cession of territory con tained in the treaty of Paris made Porto Rico and the Philippines an integral part of the United States within the meaning of that provision of the constitution re quiring all duties, imposts and excises to be uniform throughout the United StateB. The court held the provision sim ply made them domestic territory of the United States subject to the full control of congress, which control could be ex ercised without reference to these limi tations. The decision makes a distinc tion between states of the union and ac quired territory, holding that the provi sion in question does npt apply to the latter. "It Is a distinct victory for the gov ernment. It sustains the so-called insu lar policy of the administration. The government now has the sanction of the supreme court for governing thèse isl ands as their needs and interests may require." which they kept In the house as a cur iosity, when the shell exploded, killing the general on the spot and mortally wounded his daughter, as well as severe ly injuring his wife and two other per sons. General Schoman was a great Kruger ite. He led ihe commando of Colesberg and surrendered on the occupation of Pretoria. He was afterwards captured by the Boers and released when the Brit ish occupied Pietersburg. Since that time General Schoman has resided in Pretoria. British Cruiser Stranded. London, May 28.—The British third class cruiser Pegasus Is stranded off Grainesplt outside Shearness. Tugs have failed to tow her off. She Is being light* ened and, it Is hoped, she will float at the next high tide. ÂJiki&ii MINERS AND LABOR ONION READY FOR WORK. 44444444444444444444 * 4 4 By Associated Press.) 4 4 Denver, May 28.—The convention 4 4 of the Western Federation of 4 4. Miners will not do much business' 4 4 before to-morrow. All to-day will 4 4 be consumed In straightening out 4 4 the credentials and seating dele- 4 4 gates, reading the reports of of- 4 x flclals and apolntment of com- 4 4 mittees. ± X Sixty-one delegates have been 4 4 seated at the convention of the 4 4 Western Labor Union, now in ses- 4 4 sion here. The convention has en- 4 4 dorsed the strike of the Lead, 4 4 South Dakota, retail clerks, who 4 4 are contending for 6 o'clock 4 4 closing. $ - 4 44444444444444444444 E PRESIDENTIAL PARTY SPEEDING THROUGH IOWA TODAY. MRS. M'KINLEY RECOVERING The Long Journey Proves Beneficial to the Invalid—President Thanks the Trainmen for the Care Which They Gave Taeir Passengers—Flow ers from the Children oi Omaha. (By Associated Press.) Council Bluffs, la., May 28.—The presi dential train reached Omaha at 7:30 this morning. A cheer went up from the crowd assembled at the station as the president appeared on the rear platform of his car. A large bouquet of American Beauty roses, the gift of the school children of Omaha to Mrs. McKinley, was presented to the president. The president shook hands with several hundred people as they filed by the platform of his car. Mrs. McKinley had a comfortable night and shows a distinct gain in strength. The president is much encouraged by the improvement in her condition. Before leaving Omaha the president sent for the engineer and train crew who had brought the train from Ogden and personally thanked them for the pleasant run over the Union Pacific. A short stop was made at Council Bluffs where the train passed to the tracks of the Chicago & Northwestern. HERMANS LEAVE FORCED OUT OF PEKIN BY THE OTHER POWERS. LEAD BY RUSSIA AND AMERICA Financial Settlement Ardently Desired by the Czar—France Will Support Him, and America Is Already Fledged to Peace—The Kaiser Must Follow Their Suit. New York, May 2S.—A Herald dispatch from St. Petersburg says: Germany's tardy and reluctant with drawal of her troops and ships from China is looked upon here as a solution of the idea put forward nine months ago by Russia and America. This withdrawal is forced upon Germany by the action of the other powers. Diplomacy, radiating from St. Peters burg, is now making every effort to effect a settlement of the financial as pect of the Chinese problem. Russia favors a guaranteed loan. There are In dications that France will join her will ingly, and Germany will assent because she sees no other way out of the diffi culty. A dispatch to the Cologne Guette, under date of May 26, says the with drawal of marines to Sing Tau has been begun, and the German quarter of Pekin has been handed over to the Chinese as an experiment for a fortnight. CR0KER T AKES A VACATION Mysterious Movements of the Tam many Chieftain—May Have Sailed for America. (By Associated Press.) New York, May 28.—A dispatch to the Tribune from London says: A great mystery ie made at Moat house of Mr. Croker's absence. He la reported to have left home on Saturday for a fortnight's enjoyment of the races, but the protestations were so emphatic that the villagers suspect that he had sailed for America on he St. Louis. He had several horses enteredTor the Hurst Park races, where two of them were placed Monday. Boers Miss Their Horses. (By Associated Press.) Cape Town, May 27.— The dash' of Kritzinger's Invaders of Cape. Colony to the south wu check at Vandoesberg by the swift movement of Gorringe'a amt' other columns. The Invaders; finding tbelr way barred, swerved to the north* east toward Cloethe. The continued capl ture of horses by the British is apprel ciably impaling the Boers' mobility. '. SHERIFF SUMMERS' SLAYEP ( % NOW ON WLL FOR MURDER Q <@> i / JOHN WOLFF 'jr-.-vx ML / JAHE5 .SUMMERS <v LV 1 (Special to Inter Mountain.) Dillon, May 28.—Trial of young Wolff, murderer of Sheriff James Summers, was resumed this morning, and will go to the Jury some time this evening. Almut 10 Wit nesses have already been examined. Those who have observed the proceed- f In ;s tints far are confident that the jury rwill convict the accused. . There were no eye witnesses to the cir icimistances leading up to the crime for which Wolff is being tried. Wolff, who had come front Wisconsin two years ago, squatted on a piece of ground in the up ,'pci Madison, lived the life of a cowboy at I broncho buster. He succeeded in giMing hold of a small bunch of horses, which he ranged near his place. The lo cality where he had settled is occupied mostly by sheepmen, who began to miss various articles from their cabins. Fin ally J. E. Johnson, one of the sheep STARVED AT SEA FORTO RICAN EMIGRANTS TO THE HAWAIIAN ISLANDS. MANY INVALIDS ON ARRIVAL Nome of Them Were Already Broken Down by Lack of Food in Their Old Home—Have to Be Fed and Fattened Up Before They Can Be Moved to Plantations and Go to Work. Honolulu, May 18, via Sann Francisco, May 28.—Inspection of the Porto Rican hn migrants brought here by the steamer Colon shows that they are in such state •f need of food on their voyage that they Aust be held at the quarantine station find fed until they regain strength suf Nclent to enable them to bear the jour ney to other islands and to the planta tions on which they will work. , A joint committee of the legislature yesterday paid a visit to quarantine is land, to inspect the Immigrants. The |rip of the legislators resulted In dis agreement as to the condition of the im '■»grants and their value as citizens of Hawaii. The three senators who were qn the committee have made an unani mous report to the effect that the Porto Hi-o immigrants are all right, but tho men, swore out a warrant for Wolff's arrest, and Sheriff Summers was sent to make the arrest. He reached the cabin on January 25, and, not finding Wolff at home, went in and found part of the property that was alleged to be stolen. Johnson, who had been with Summers, left him, while the sheriff started down the valley to in quire of a sheep herder as to the where abouts of Wolff. Johnson had gone but a little ways when he heard a rille shot, and turned around Just in time to see Summers reel and fall. Not stopping to Investigate, he rode with all speed to En nis. where the alarm was spread. Posses were organized within a few hours and the country scoureu for tracer of the murderer. It was not until the next day that word came of the fugitive. He had stopped for the night at the En nis ranch, nearly 40 miles from the scene rest of the committee will likely present a report severely denouncing the planters for bringing the Porto Ricans here, and on account of ill-treatment of them pre vious to their arrival. A number of them were infirm while all were more or less emaciated. This is attributed to lack of food in their old homes. Some of those who came will never be able to work and it is said the planters will secure a representative to act for than, in Porto Rico and see that no more invalids are sent here at such expensive prices. The question of educating the children at the expense of the territory is a ser ious one, while the health of the major ity is far from satisfactory. A NEW DAY'S RECORD FOR COFFEE RECEIPTS. 444444444444x4444 4 . 4 4 By Associated Press.) 4 4 New York. May 28.—Receipts of 4 4 coffee yesterday were a record 4 4 breaker at this port as well as in 4 4 New Orleans, 18,500 bags, the 4 4 largest receipts in any one day. 4 4 being the record. 4 4 Two large Interests are opposing 4 4 each other and forcing th» re- 4 4 ceipts, the object on one side tie- X 4 ing to bear the market. 4 4 Higher prices, the hulls state, 4 4 will soon come about, as plant- 4 4 ers will curtail production owing -4 4 to the small anl unre«jn.»c.Ml;vi 4 4 prices tow rta'-Ued. 4 4 4 44444444444444444444 of the killing, and was coatless and hat less, but still had his rille. Learning that he was wanted for the murder, the ranch men told where he might be found. amj he was surrounded by four of the trailers who found him where he had passed the night in a hay stack. He made no re sistance. There was every reason to believe that Wolff would be lynched if the crowd got a fair chance at him on his way to jail at Madison county, and it was only by clever work on the part of the officers that he was smuggled to safety. He took a change of venue from Madison to Beaverhead county, and the trial is now on at Dillon. Wolff was only a boy of 18. He was born in Germany and came to Montana with George Palmer, who is now in the penitentiary on a 15-year sentence for a despicable crime. DUE DEALERS --W.1ISI3 BEFORE GRAND JURY FOR MALPRACTICE. THEIR PATIENTS WOULD DIE Faith Not a Sure Cure—The Cour Will Pass on Whether It is a Het in g Art, and Entitled to Legal Pr tection—Two More Deaths Are La at Zion's Door. Chicago May 28.—This afternoon th« grand jury will take up the euse of John Alexander Dow ie. Deacon Judd and the other members of Zion, held by the coroners jury for the death of Mrs. Judd .and will hear testimony continu ously every afternoon during the week, if necessary, until a decision is reached. All the witnesses who testified before the coroner's jury will be subpoenaed, and Dr. Ludwig Heakler will appear and give his evidence. Another death of a Zionlte occurred last evening at the residence of Dea coness Bratsch, one of the women held with the Jujdd case. The victim's name was William Steele. He came here suf fering from consumption and applied for admission to Zion home last week. The P' lice is investigating the death, and in,miring int« the circumstances under which a certificat» was issued by a doc tor.