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tee JLCJX)!'!S Alt' Laid 1 -ibra the Senate. Majority lie]»ort ftot lles|ionsilil( tive Neii'l Holds Senate tor Lejiisla iii'ence. Every Contingency ltut This Olio Provided Aiiainst in the Constitution. "WAsniNTiKis, .Ian. 21.—Tho reports of the (•(iiniuiili't' on privileges and elee tions in tin* case of M.S.Quay, who claims a sent in the United States sen ate on the strength of an appointment from lie governor of Pennsylvania, liavo No Intention to Provide For Tills. "Every contingency is thus provided for, except the sole contingency that the legislature will fail to perform its sworn duty. Against a contingency of this kind the l'ramers of the Constitution did not intend to provide." After discussing at length the circum stances under which the Constitution was framed, the majority announces its conclusion as follows: "We think that the fraiuers of tho Constitution never contemplated nor in tended to provide for a case where a state by its own deliberate act should deprive its legislature of the power to fill an entire term at its beginning. In our opinion they never intended to give the governor of a state the power to fill the entire terms by original appointment, unless possibly in a case where rhe legislature had chosen and the person elected had refused to act or died before qualification. In other works we conclude that tho power of appointment was not to be exorcised unless the vacancy occurred in a recess of tlie legislature and was occasioned by some casualty like death or resignation." I Tlie report then quotes numerous precedents, beginning with that of Ken sey .Tolms of Delaware, in 1704, and closing with the ease of Henry W. Cor-1 bett of Oregon in 18'.)S. The minority report takes the opposite view. Quoting Section 3, Article 1 of the Constitution, the minority say that the failure of the governor to call the legislature to elect a senator does not act to deprive the governor of the power of appointment. THE ROBERTS CASE. Great Crowds Assemble to Uear tlie Ar guments iu tlie House. WASHINGTON, Jan. 24. Enormous crowds were present to witness the open ing of the debate iu the Roberts case. Fully three-fourths of the spectators were women. Nearly every member was in his seat a few minutes later, when "Mr. Taylor, (O.) chairm.au of the special committee which investigated the ca=e, arose from behind a desk stacked high with legal authorities, and manuscript, ana called up the case, and made an argument on the lines of the majority report. Mr. Littleton fol lowed with an argument for the minor ity view. A Texas Tragedy. HOUSTON, Tex., Jan. 24.—A. J. Hon eycut, aged 00, a fanner living near Center, attacked his wife with a knife. Their children ran to the assistance of the mother, when Honeycut stabbed Rosa, aged 16, killing her instantly. The wife and two sons, aged 12 and 10,! were present. FROM THK llOKi CAMP. Mistaken Signals Cause :i l.oss Fourteen Kllle*! and a Score Wounded. 1 Majority ami Minority Commit BCD.-KCAMI', Upper Tugulsi River, Fri day, Jaw. ]!).—The lirirish now occupy three pusitions along the Tugela river. Their naval guns have been firing steel pointed arnior-piereing shells. •Reports being received that 2,000 British cavalry were attempting to out lliink us along the Drakensberg ridge, a strong patrol was sent to reeoniioiter. Mistaking the signals, tho scouts and Jiatrol proceeded to a kopje from whence terrific rifle and Maxim gun lire sud denly opened. The HOLTS lust 14 been presented in the senate. The ma- gent, up to spy out tho Boer positions, jority report opposing the seating of The naval guns resumed the bombard Mr. Quay was signed by Senators Caf- ment this morning from anew position, fery, Pott us, Turlev, Harris and Bur- but without results. rows, tho last named the only Republi can signing it. The minority report bears the signatures of Senators Hoar, Chandler, Pritchard and McConias, all Republicans, aud advocates giving the seat to Mr. Quay. The majority report reviews the cir cumstances under which Mr. Quay's ap pointment was made, 111011 killed and 20 wounded. The British loss was proba bly insignificant-. The bombardment of tho Boer posi tions from Swart/.kop was resumed yes terdav, chiefly from a battery brought across the river. On the afternoon the cannonading became exceedingly brisk, and under cover thereof the infantry ad vanced iu thr-co lines to a second row of little kopjes which they occupied at nightfall, but later they retired to tlieir old position. During the night ascoreof shellswere fired bv the British .and a balloon was HAVE REACHED AN IMPASSE. Great Northern Blocks tlie Proposed Pool ing Sclieinu for a Time. CHICAGO, Jan. 24.—At the mass meet ing of general passengor agents of the Western and transcontinental railroads |in oniv ttntu the Next Meeting. ger rates to normal tariff. President J. After a vacancy in the office of United J-Hill of tho Great Northern and the States senator occurs or coines to pass, managers of the Canadian Pacific are if the next legislature does not fill it, it »»id to stand in the way of tho consum continues to exist. It is tho same va- matron of the big pooling plan of the caney, not a new one. Now the state Eastern railway magnates. General executive is given power to make tempo- Passenger Agent Whitney of the Great rary appointments in case of a vacancy, Northern reported that his road was not not as long as it continues or exists, but I prepared to withdraw the $25 tourist only until the next meeting of the legis- ^te from St. Paul to Seattle, but would lafrure, which is then required to fill the vacancy. This clearly means that the paramount intention to have the legisla ture clioo.se the senators is to prevail, and whenever the legislature has had the opportunity to fill the vacancy either before or after it occurs, the execu tive has no power to appoint, Ami when we take the phrase, "if vacancies happen by resignatiau or otherwise, during the recess of tho legis lature of any state," if we concede that the general word "otherwise" is not the Western Passenger association including tho rooms it is said a snag was struck that failure of the Pennsylvania legislature I threatens to delay abolishing commis to elect a senator. It then says: sion payments and restoring all passen- consent in the interest of harmony to make the minimum rate to all points in the Northwest $25. The reason assigned was that tho Great Northern cannot afford to abandon the field to tho Cana dian Pacific, which continues to make the low rates. BETTER FEELING EXISTS. Release of German Vessels Has a Quieting: Ktt'ect In Berlin. BERLIN, Jan. 24.—A dispatch received hero from Durban says the German qualified nor limited by the specific word bark Mario, loadeil with sulphur, which "resignation" aud that it includes va- was captured early in January by the cancies which are caused by efliux of time and which can be foreseen, as well as vacancies which are caused .by a cas ualty or the happening of au expected British cruiser Fearless and taken to Port Elizabeth, has been unconditionally released. event aud which cannot be foreseen, most excellent impression here and is still it must be construed and defined inter] ire ted as due to the earnest desire •with reference to the balance of tho of Great-Britain to establish thoroughly phrase so as to give effect to allitsparts friendly relations with Germany. Nev and it thus results that, the vacancy, no ertheless, there is tho highest authority matter how it is produced, must happen, take place or begin during a recess of the legislature, and this in itself would be decisive against Mr. Quay's claim." The release of the Marie has made a for the statement that Germany has not abandoned the iilea of bringing about a clearer definition of what constitutes contraband and the rights of neutrals on the seas, either through an international tions between cabinets. rleeoiAa' INCREASE OF ARMAMENT. Kins Oscar AsUs for New Artillery, ltiflcs and Ammunition. STOCKHOLM, Jan. 24.—In the Swedish builget, which amounts to 150,000,000 kroner and is the largest on record, King Oscar asks for 40 new batteries of artillery by the end of 1903. One hun dred thousand new Mausers are to be manufactured and 50,000,000 cartridges to be in store within four years. A credit is asked for a trial mobilization of the army reserves. Another important item in the budget is the railway appropriation of 20,000, 000 la-oner, one-fourth of which is to bo applied in the purchase of rolling stock. 15RYAN AT NEW YORK. Guest of Honor (it. a Dinner Given by O, H» 1*. lVliiiont. NEW YORK, Jan. 24.—William Jen- Mr. Bryan breakfasted with ex-Gov ernor Hogg of Texas, W. J. Gardner, one of the leaders of the Chicago plat form Democrats, and James Oliver, ser geant-at-arms of the Democratic na tional committee. Mr. Bryan had a number of callers during tho day, but tho hotel was by no means crowded. One of Mr. Bryan's callers asked him what he thought of O. H. P. Belmont as a vice presidential candidate. "I am not saying a word about candi dates just now," he replied. Adheres to tlie Chicago Platform. A reporter asked Mr. Bryan later if there was any truth in tho statement in a morning paper that he was gradu ally abandoning the silver issue. "I am tired of denying thoso stories," Mr. Bryan answered. "I will keep right on in tho same line I have fol lowed all along. I have adhered to my belief in the Chicago platform, but of course I do not object to tin-owing in some more issues for good measure." Sir. Bryan was the guest of honor in tho evening at a dinner given by O. H. P. Belmont at his residence on Fifth avenue. The dinner was private, no reporters being admitted. Mr. Bryan was the only guest of national promi nence, but big men in Tammany Hall were so badly wounded that they may and threes about midnight. Some said die. Honeycut is in jail and precau-1 there had been no speaking, but others tions have been t«i"»n to prevent a admitted that there had been informal .lynching. talks. Tho guests left in twos CROP OF RUMORS One Has Bnller Defeated and An other Has Two Battalions Captured. While They Are Not Credited It Is Admitted Butler's Task Is Hard. General Warren's Two I)ays En gagement Yielded Slight Advantage. BERLIN, LONDON, Jan. 24.—There is nothing here to confirm the report on the Berlin boerso of the defeat of General Bnller oi the rumor on the Stock Exchange of this city of tho capture of two British battalions by the Boers. The fact that General Buller was heard from during the morning, when he sent lists of cas ualties to the British troops, seems to disprove these stories. KIMBERLEY, Sunday, Jan. 20.—The Boers continue an active and heavy bombardment of this place. HEAD BOER LAAGER, Ladysmith, Monday, Jan. 22.—Thequarters of Gen erals White and Hunter were smashed by a shot from "Long Tom." It is not known whether any of the occupants ol the building were killed. LONDON, Jan.' 24.—Field Marshal Roberts reports from Cape Town that the situation is unchanged. VERY LITTLE PROGRESS. British Were Evidently Only Opposed bj Kiier Outposts. LONDON, Jan. 24.—2:20 p. m.—Ab sence of news of Monday's movements north of the Tugela river is occasioning some additional anxiety, but General Buller is engaged in a big operation which will take considerable time to work out. Even the slight, "advance of General Warren's forces after two days fighting does not appear to have yielded an important advantages to the British, as the captured kopjes were evidently only held as advanced posts in order to delay tho progress of the British troops and enable the Boers to complete theii entrenchments and to mount guns on the position on which they have elected to make a stand. It is remarked that the Boers thus far, have used little ar tillery, from which it is judged that their guns are already mounted on tac tical positions from which the British will have to dislodge tho republicans before reaching Ladysmith. BISMARCK WEEKLY TRIBUNE: FRIDAY, JANUARY 2f». 1900. Jan. 24.—There are rumora on the bourse that General Buller has Buffered defeat. LONDON, Jan. 24.—It is reported on the Stock Exchange that two battalions of British troops have been captured by the Boers. There is no confirmation of the report that Lord Dundonald has entered Lady smith, and none is expected. Experts opine that tho Boers would only be too glad to let him in unopposed. Indignation and Disgust. The indignation and disgust expressed at the blunders aud incapacity of the yeomanry staff, to whom is ascribable the rank failure threatening to over whelm the movement started with such a fanfare of trumpets, are increasing daily. Those who were able to carry the scheme to success have been met at every turn with red tape and all kinds of obstacles and slights by the inner cir cle of titled incapables, resulting in scores of good men withdrawing from participation in the plans. In the case of South Bedfordshire Yeomanry, a whole company of 170 selected men has disbanded in disgust. The dispatches posted at the war of fice up to 3 o'clock, though dated Spear man's Camp, Tuesday, contain nothing but reports of casualties. General Bui- ning.s Bryan arrived in Jersey City from reports that tho wounded Jan. 20 in Washington during tho morning and was escorted to the Hoffman House, the headquarters of the state Democracy, where a suite of rooms had been en- Campbell. gaged for him. Mr. Bryan said to the reporters that he hoped his presence in New York would contribute to a general good feeling all around. eluded: Second Lancasliires—Captains Dodd, Whyte and Ormonde and Lieutenant York and Lancaster regiments—Lieu tenants Halford and Duckworth. West Surreys—Captain Baitt (since dead) and Warden, and Lieutenants Smith and Wedd. Staff—Captain Dallas. Not Credited by War Office. LONDON, Jan. 24.—The officials of th« war office entirely discredit the Stock Exchange stories, also the report ol Lord Dundonald's entry into Lady smith. They think the former rumors were circulated for Stock Enchange pur poses. Tho officials said to a represen tative of the Associated Press that no decisive news was expected for two or three days relating either to the relief of Ladysmith or a conclusive victory or defeat as the operations at present being conducted by General Buller were nec essarily of a lengthy character. Celebrated Joubert'x Birthday. HEAD LAA I:U, Ladysmith, Saturday, Jan. 20.—Tlie oatn Dirtiiaay or (jeneral Joubert was celebrated by Genera) Botha making a reconnaissance in force towards the Drakensburg mountains, and turning tho British advance after a short engagement. General Joubert accompanied President Steyu to tho Free State laagers, south of Ladysmith. He proposes to make a tour of all the laagers. Ladysmith sent up many col ored rockets last night. Kxtra Session For California. SACKAMENTO.Cal., Jan. 24.—Governor Gage has announced that he will call an extra session of the state legislature to meet Jan. 29. A United States senator will probably be elected. I°°A VEAR. THE The Hottest Heat Filter Plants of Europe Bacteriology in Commerce The Inside of the Earth NEW YORK CITY McCLURE'S MAGAZINE. NOTABLE FEATURES FOR 1900 Life of The Master By the Rev. JOHN WATSON, D. D. Arthur of "The Mind of Master," "Beside the Bonnie Brier Brush, etc. Illustrated, largely in color, from pictures made In Palestine by CROWN KNAPP LINSON. A Novel by Frequent Contributions by Short Stories by the Weekly Always American— Always Republican The Inter Ocean's Tele graphic Service is Exclu sive. Every Column is Bright, Clean, and Packed with News. 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