Alt' Laid 1 -ibra
Every Contingency ltut This Olio
Provided Aiiainst in the
"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
THE ROBERTS CASE.
Great Crowds Assemble to Uear tlie Ar
guments iu tlie House.
WASHINGTON, Jan. 24. Enormous
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
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.
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
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,
killed and 20
wounded. The British loss was proba
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
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
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
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:
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
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.
INCREASE OF ARMAMENT.
Kins Oscar AsUs for New Artillery, ltiflcs
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»
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
Tho guests left in twos
CROP OF RUMORS
One Has Bnller Defeated and An
other Has Two Battalions
While They Are Not Credited It
Is Admitted Butler's Task
General Warren's Two I)ays En
gagement Yielded Slight
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
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
LONDON, Jan. 24.—It is reported on
the Stock Exchange that two battalions
of British troops have been captured by
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
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.
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.
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.
The Hottest Heat
Filter Plants of Europe
Bacteriology in Commerce
The Inside of the Earth
NEW YORK CITY
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