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OLD MAN IS SUSPECTED OF DEALING DEATH BLOW death. Dr. Lagan reported the case to Coroner Lcland. who sent Deputies Smith and Brown to investigate. Detectives Tom Gibson and Archie Hammel were detailed by Captain Seymour for the same purpose. As a result of their in vestigations the aged capitalist was ar rested and the body ! of his wife was taken to the Morgue. Owing to the misguided efforts of the Gibney family, to protect the old man, the investigation was made under great difflcultles. Mrs. Gibney, who was very free with her tongue before the death of Mrs. ttadger occurred,- refused absolute ly to give the detectives any Information. She denied possessing any knowledge of the affairs of the Badgers, and referred the officers to her husband, who proved equally as obstinate, and disclaimed iiav ;np any knowledge of the supposed quar rel. Fred Rafchen, proprietor of the gro cery More at 1223 Lnguna street, nnd William Nlcmun, his clerk, admit stanching the flow of blood from the wound over Mrn. Badger's eye, but claim to know nothing of the manner in which the cut vim inflicted. lJadg'-r has been on avnpree fnr the lant two week* nnd when am-nted wan ntupidly drunk. In reply to the do tcctivcn' question* he mumbled that no : ' There ¦ are' 111,000 ' policemen •' in- London, 1 ;•* Tho man who is afraid to think'for. him eelf should acquire a wife.-, . Junior Order. General George A. Custer Council of the Junior Order of. United American Me chanics "had an interesting meeting last week. Five applications were present ed, after which, eleven - strangers were Initiated into the mysteries of the order. After the business there was an adjourn ment to an adjacent hall, where an enjoy able banquet was partaken of and there were addresses by State Councilor Dr. George H. Derrick, Henry P. Dalton. Pro fessor C. E. Merwin and T. W. Robinson. This council will have an entertainment and dance on the evening of the 4th of June under the direction of the eommitt'»e on entertainment, consisting of I* C. Sha nan, J. P. Thomas and George CaJvert. - RECOMMENDS EXCLUSION . OF JAPANESE LABOR They Work for Such Small Pay That They Are Displacing the Chinese. DENVER. May 27.— The "Western Feder ation of Miners and its ally, the Western Labor Union, assembled here in joint con vention tnis morning and will continue their deliberations in separate sessions throughout the week. About 175 dele gates, representing every State (and Ter ritory west of the Missouri River and British Columbia, were present at the Joint meeting, which was called to order by Edward Boyce, president of the West ern Federation. Addresses of welcome were made by Governor Orman and Mayor "Wright and responses by President Boyce and President Daniel McDonald of the unions. Matters of vital importance to Western vrorkingmen. Including the Cqeur d'Alene mining troubles and the question of cheap labor from, the Orient, will be discussed. The Chinese exclusion act expires May 5, 19(S. and the conventions will recommend its renewal, as well as the adoption of meaturcs to exclude the Japanese. "The exclusion of the Japanese is more important than the legislation against the Chinese," said President McDonald. "These people are willing to labor for such small pay that they are actually dis placing Chinese." A speech was also made by Lieutenatn Governor Coates of- Colorado. "The goal for which we are striving," said he, "is the entire abolition of the wage system. We want better conditions in the shops to-day, better education to-morrow, and then we want all that we can produce. We want It ail for ourselves. • - "The president of the billion-dollar steel trust declares that organized labor denies opportunities to labor. That is untrue. Big combinations like his deny opportu nity to labor." At the conclusion of the speech Vice President Boyce appointed Thomas Nich ols, C. F. Derusha, Frederick Sharp, Thomas Esltck and "A. J. Horn a commit tee on credentials. _ - - ¦ •• * DEATH'S HARVEST IN YOJLO. Three Citizens of the County Pass to the Beyond WOODLAND, May 27.— Harvey Clinton Gafye, farmer, banker and prominent Ma son, 1 died last night. The, funeral will take place at 2 o'clock to-morrow. The Rev. J. H. Storms, pastor of the Baptist church, died in this city this morning. The body will be taken to Los Angeles to-morrow for burial. Taylor Ridley, a native of Alabama, €3 5'ears old and for forty years a resident of Yolo County, died in Dunnigan last night. . The output of coal in "Washington State for 1900 was about 2,200,000 tons. HAVANA, ..May. 27. — By unanimous agreement the Cuban Constitutional Con- Amendment to Be Accepted. AGED COUPLE WHOSE QUAR REL ENDED IN DEATH OF THE WIFE. Order of Amerlcufl. Berkeley Council of the Order of Amerl« cus at its last held mtetlnff tendered a reception to ths members of San Fran cisco Council und presented a class of can dldatesforthe degree team of tho visiting council to initiate. After the degree had been conferred there was a programme of entertainment that included vocal se lections by the Golden State Quartet of male voices, selections by the Mandolin Club under direction of Walter Clarkson. recitations, and at half past 10 a supper in honor of the visiting members of the order, who greatly appreciated the hospi tality of the entertaining council. , Friends of the Forest; America Council of the Friends of the Forest has arranged for an apron and necktie party for the 15th of June In Oc cidental Hall, In the building on Larkin street formerly occupied by the flupreme Court. Lincoln Lodge had a pleasant "at home" In its hall last week. The unpleasant weather kept away a number who usual-, ly attend the functions of this lodge, but those who did attend had an enjoyabl-j evening. '';¦ • .'. The Supreme Lodge "of this. order will meet on the 4th of June in annual session. Daughters of Liberty. The grabbag party given by California Council of the Daughters of Liberty last week was a sreat success and j one of the most enjoyable of the many so cial functions this very much alive organ ization has given. After the grabs there was dancing till 11 o'clock. The function was managed by Laura Cantus, Minnie Sproul, . Etta Crawford: Marguerite Thomas and George Ltittle. Two new councils are to be mstituted during the first week of June — one In Oak land and the other in Pasadena. government there are citizens of the United States within the meaning of the Civil Service rules. Expenses have been cut in all directions to enable the estab lishment of the examination system in both Hawaii and Porto Rico when the j citizenship question is settled by the Su i preme Court. i There were 1390 appointments made In I the ereneral departmental service, of which 500 were to comparatively insig nificant places. The report instances some frauds dis covered in examinations, resulting in barring offenders from future examina tions, and says it is now well-nigh Im possible for collusion to occur without "leaving 1 Its ear marks and being- followed by summary punishment. The report makes a plea for more examiners and for ample facilities to renew systematic in struction of local boards of examiners. did not know 'what happened. Mrs. Badger was a native of Ireland, where she was born about fifty years ago. She was Badger's second wife, and was a most • . estimable woman, the neighbors say. 7"» A MAN 7b yearn nf ago was brought to th« City Trlnon lust nlRht. where h« will bo held pf-ndliiK nn Investigation Into the caui»c of his wife's death, which is supposed to hove been caused hy n blow from n stick wielded by him. Jnrnr* Hndper ii< the name of the aged pu*P"Ct. Ho i» a retired expressman, and PO??cffos real estate valued at >30,000. "With hl5 wife he resided at 1221 La»una Ptreet. Lnst Wednesday evening Mrs. Badger entered the grocery etore over nhlch the couple resided. She was bleed ing from a cut over the eye. The wound was dressed by the clerk and Dr. Lagan wa? summoned. Mrs. Badger went to the residence of James A. Gibney at 1339 Laguna street, where she was attended by the physician named. She remained there over night and returned home the* next morning. Mrs. Badger in eonversstion with Dr. I agan informed him that her husband had struck her with a stick and then thrown a piece of wood at her. This she nfterward denied in tho presence of Dr. Lngan and her husband. The wound was not a serlcas one. and recovery seemed certain when erysipelas pet in and in three days caused her FEDERAL CIVIL SERVICE REPORT Successful Candidates Placed in General Departments. WASHINGTON. May 27.— The annual report of Chief Examiner. A. R. Serven, of the C:\-il Service Commission, was made public to-day. It shows that dur irs the year ending June 33, 1900. 43,641 persons took the competitive examina tions for original appointments to the classified sen-ice. There were also 24S peo ple examined r.on-competrtively, for ex cepted place. There were 409 different kinds of examinations involving llbS op portunities for the assembling of com petitors at places widely distributed li-.-oughout the States and Territories. The report says that general examina tions in Porto Rico have been somewhat delayed because of the uncertainty whether the "people of Porto Rico" as denominated by the act establishing civil vctntlon ha* »i«riiVii to title* * final vr>i« en Ihf iM'oiptimrr ot tli<» l 'in tt funaniJint nt to mori'ow, lint AonH«rvfit|vmi rlnlm thnt the Plait nm«n«1m«tit will h<« nrcptou by tha convention by u vote >>t 17 to if. Ho%n Capture a British Foft LONDON. May ».-Th« Time* publlnhM th«t following from Crndock. dnted May 27: "Krltzfllngcr'i Invndnr* of Cfip#» Colony rnpttm-fi a Hrltlnh pont nt forty-one men near Murali»bur« after a stout resistance." Disabled Vessel Towed to Victoria for Repairs. /Special Dispatch to The Call. VICTORIA, B. C.;May 27.-The United States revenufl cutter U.S. Grant haa been flpated. She was lifted off the rocks in Enanich Inlet yesterday afternoon and taken in tow by the cutter Perry and the tug Mystery. She was hauled out this afternoon on the ways ' here for repairs. Her injuries are confined to her hull, but, there, being a number of holes, many new plates will be placed in her. On the arrival of the Grant here to-day it waa learned that it was due to the de sire on the part of Captain Tozier to add to his collection of Indian curios that the Grant went into Saanlch Inlet, a body of water seldom freauented and not more than fifteen miles from Victoria. There Is a deserted village of the Malahath Indians there, and a few days before the ' Grant started on her cruise word waa sent to an officer of one of the ships at Esqui mau, a collector • of Indian totems and other curios, that there was a fine collec tion at the Malahath village for sale. * I Captain Tozier Jearned of this- and when the Grant, left here she proceeded to Saa nich Inlet, where Captain Tozier hoped to procure the collection. "Unfortunately, the Grant - ran upon the rocks which lie opposite the village and was almost lost. Had she slipped but five feet farther for ward she would have glided - right over the rock and foundered. She was lifted from the rock at high tide on Saturday ahd towed here by the Perry. • CUTTER GRANT OFF THE REEF York. The decision was rendered on be half of the majority of the court by Jus tice-Brown,' tho opinion being: concurred in by all the Justices except Justices Me- Kenna,. Shiras and White. The decision hung upon the case coming from the State of New York, Involving the levying of $13,000 in duties on goods imported Irom Porto Rico into the United States, the collection having been sustained by the ¦lower court. In effect the decision vas that territory acquired by : the United States is a part of the; United States and not foreign territory and that such import duties could not be levied. ;Thp decision of the lower court was reversed. • Justice Brown announced in the beRin ning of his decision that tho court un doubtedly has Jurisdiction in this case. He said the case raised the single question whether territory acquired by the United States by cession from a foreljrn power remained a. "foreign country" within the meaning: of tiro tariff laws, and added: The queBtlon involved in this case is not whether the sugars were Importable articles under the tariff laws, but whether, coming ai they .Jiii, from a port alleged to be domentic, they w*re Imported from a foreign country— In other word», whether they were imported i»t all as that word is defined in Woodruff vs. Parhara. We think the decision In the Fneh-Mt race Is conclusive to the effect that, If the question l»/ wli.'thi-r the NUftars were Imported or not, fueh qu»-Htlon could not b« ralH«d lit fore the Hoard ot General .Appraisers, and that whether they were imported merchandlfe for the reasons riven In the Ffimiott rase that a vessel Is not an Importable article, or bei.-niiH* the merchandise was not brought from it for eign country, Is Immaterial, In elthor oaea tbn arti:la In not Imported, i Adequate Remedy Supplied. CmcMIng, then, that icrtlon '.'Ml ha* hern rep*al«<1 nvrt that no ifiiimly i-xlrin uti'lT th» cimn** Hiimliilf.iniilvf net, iloi'n It follow that no aiTlon whatever wlll<ll«7 If thero |>* an Bti>-ni|ii"l v/ronv tho court* will loolc fnr to »uii{)ly en fi<leaua(« r«m«rty. If on nntlrm \ny •t. common law th« repeal nf portion* I'M itml 3011 rcffulntlnir procwdinK* In rustomn <¦«*•'» (tliwt In, tumlnir upon th* rlnN«lnVatkin »' nier fhRnrtlM) tf meUe v/ny for HiHJth«r prormilin* bftfore Mi" 1 1< hi M of Onnfritl Ajiprwin^ra In th» Kftmo Hum nf I'likcw, did not ritfttrny iiny rlffht fjf notion that might hnvn fxlntp*<4 flu to other thin Miptrim* en** 1 *, uw\ th« fact I hit hy sec tion M no' Colluptor nhall tie ll»hl« for or on account of any rtillnns or dwlNlmm an to tlie ' Ifip-Hfli'hilun of xiioii nwrhnniiliw or Inn »lui !»•*» fhari»t»<1 thereon, or th* collnotlun of «ny tlui-M, fhiruM or rtiitlPN'on oi- on Hiwnint of nny Much nirii'liiiiiitiNir; or iniy oilier niiniir whir;li tits importer mlplit Imve itrmiKlu Mfor* fli» UtiinA nt 'Ifiicnil A|i|pinI*<in iit.i-h not ffolilct ih" ilidii whlcli the nwimr of tha iiht<'IimihIIn« ttiluht |i«v» (lanlnm th* <:n\\*nnr In cuhcx not rmiiiift within tlt# runv<um ndrnlnUiriitlvoi hcI. If III" position Of lli.''<loVrillll.«M!l ||0 I'tiirt'cl, <h» flnl'illff would l>« KMiiMiiiirrxj utul If ft Collector kpIk.iiM nmikii - Miirl hold for iIihI-m Kfiodn hrouKht from Spw urlfmid or wny othrr concpdpdly dotitfctio Kirt to N«w Vnrk, thflrc would tin no Mslliod of tPittlnv hid rlidit <u niiilm Niifti Wjnitx. It Ik Imrdly |'on»IIiIp that the owner could b» plitcad In tliln pnultlun. After citing numaroiia opinion* and mi thorltlrv in nhow thnt thu nctloti ol Hi" plaintiff* in error wiih properly brought, the court lioldn thnt "whethiu' tliena uir- Bopb of nUKtr wore nubject to duty du peiidn uoMy upon tho quentlon wholher l'orto Wco wn» a foreign country ill the time the sugar \vn« Hhlpped, tinea the tHriff net of July 24, 1807, commonly known as the Dlngley net, doclfiren that 'ihore Hhnll be levied, collected nnd paid, upon (til articles Imported from foreign countries' certain dulled therein specified. A forolgn country was dellned by Chief Justice Mar shall and Justice Story to be one exclus ively within the sovcrei«nty of a forolirn nation and without the sovereignty cf tho United States. Status of Porto Bico. "The Btatus of Porto Rico was thlli: The island had been for some months under military occupation by the United States as a conquered country, when, by the t>ec ond article of the treaty of peao» between the United States and Spain, Piened 1ir-> cemEer 10, 1808, and ratified April 11, 1899. Spain ceded to the United States the island of Porto Rico, which has ever since remained in our possession and nas been governed and administered by us. If the case depended solely upon those facts and the question were hxoadly held whether a country which had been ceded to us, the cession accepted, possession delivered "anil the Island occupied s and administered, without interference by Spain or any other power, was a foreign country or do mestic territory, it.woul^ seem that there could be as little hesitation : in answertnR this question as there w»uld-be in deter mining the ownership of a house deeded in fee simple to a purchaser who had ac cepted the deed, gone into possession, paid taxes and made improvements without let or hindrance from his vendor. But It is earnestly insisted by the Government that it never could have been the intention of Congress to admit Porto Rico into a cus toms union with the United States.. and that, while the island may be to a certain extent domestic territory, it still remains a 'foreign country' under the tariff laws until Consrress has embraced it within the general revenue system." At great length the court then discussed similar Cases arising from previous ac quisitions of territory by ,the United States, reviewing very fully former de cisions of the court involving cases such as are presented in this case. The pos sessions ' in connection with which the main auestion involved in thl3 'case^haa arisen are Louisiana, Florida, Texas, Cal ifornia and Alaska, Each case was taken up in order and, analyzed minutely. As to Foreign Countries. The court then presented Its conclusions in the following language: " As showing- the construction put upon this question by the legislative department, we need only to add that section 232 of the For aker act makes a distinction between foreign countries and . Porto Rico, by enacting that the same, duties shall be paid . upon . Vail, ar ticles imported into Porto Rico from ports other than "those of the United States, which are required by law to be collected upon ar ticles imported into the United States from foreign countries." • . From this resume of the decisions of this court the instructions of the executive depart ments \ and the above act of Congress, .it is evident that, from 1803, the date of Mr. Gal latin's letter, to this present time, there is not' a shred of authority, except the dictum in Fleming- vs. Page, for holding- that a dis trict ceded to and In the possession of the United States remains for any purpose a for eign country. Both these conditions must ex ist to produce a change of nationality for rev enue purposes. Possession Is not alone suf ficient, as was held in Fleming vs. .Page, nor is a treaty ceding- such territory sufficient •without a surrender of possession. Tne prac tice of the executive departments, thus con tinued for more than half a century, is en titled to srreat weight and should not be dis regarded nor overturned except for cogent rea sons and unlees it be clear that such con struction' be erroneous. . If this were placed as an original question we should . be compelled Irresistibly to the same conclusion. By article XI of section 2 the President is given power "by and with .the advice and consent of the Senate, to make treaties, provided that. two-thirds of the Sena tors present concur.", and by article VI. "this constitution and the laws of the United States which sh3ll be made in pursuance thereof, and all treaties ¦ made • or which shall be made, under the authority of the United States shall be-the supreme lawof the land." • ,,V It will be observed that no distinction Ms marie as to the question of supremacy between laws, and treaties, except that both are con trolled by the constitution. A law requires the assent of both houses of Congress; and, ex cept in certain specified cases, the signature of the President. A treaty Is negotiated and made by the President, with the concurrence of two-thirds of the Senators present, .but eacii of them is> the supreme law of the land. ¦ I As if by Annexation. One of the ordinary incidents, of a treaty Is the cession of territory. It is not too nfuch to say it is the rule, rather than ¦ the exception, that a. treaty of. peace, following upon a war, provide for a cession of territory to the victo rious party. The territory thus acquired Is ac quired as absolutely as if the annexation were made as In the case of ,. Texas and Hawaii by an act of Congress. It follows from this that by ratification of the treaty of Paris the island became territory of the United States — although not an- organized Territory in the technical sense of the word. .It Is true Chief Justice Taney held, In Scott vs. Sandford that the territorial clause of the constitution was confined and then tended to be confined to the territory which at that time belonged to or was claimed by the United States and was within their boundaries, as settled by that treaty. with Great Britain and waa not in tended to apply to territory, subsequently, ac quired. He seemed to (lifter in this construc tion from Chief Justice Marshall who. In speak ing of Florida before it became a State, re marked that It continued to be a Territory of. the United States, governed by the territorial oLnuse of the constitution. ' . • , But whatever be the source of this power its uninterrupted exercise by CongTess for a cen tury and the repeated declarations of this court have settled the law that the right to acquire territory involves the right to govern and dis pose of it. Indeed, it it, scarcely too mschto say that thero has not been a session of Con gress since the Territory of Louisiana was pur chased that that body has not enacted legisla tion based upon the assumed authority to kov er nand control the territories. It is an author ity which arises not necessarily from the ter ritorial clause., of the ; constitution, but from the necpEB6lti«s of the case and from the Inabil ity of the States -to act upon the subject. Under this power Congress may deal : with territory WASHINGTON, May 27.— Justice Brown! announced that the court, following- the' authority of the De Lima case, reversed the judgments of the court below, in the cases of Goetz vs. the United States and Crossrnan vs. the .United "States, both brought here >f roni the United . States | Court of th« Southern District of New" York. .: ¦-.¦./. ¦ ¦/ : ,: ' ' . . .' ', V. V In the Goetz case "a duty levied on an importation of tobacco: from » Porto ftlco into the United States on June 6, 1S99, af ter the ratification of -the peace treaty and f before the . t passage of - the Porto Rlcan act, ,was involved, and also in the Crossman case the levy of a duty on an Importation of liquor from Hawaii (nto the United States, in April, 1900, after >the passage of the Hawaiian annexation reso lution and before the 4 taking effect of the 'act providing a government for Ha waii.' In each case the board of general appraisers held the importation dutiable, and In each case the decision was , re versed. .** , The court then • passed oh th© case of Dooley vs.' The United States, being an fiction brought to recover duties paid un der protest at San Juan, on importations from New York between July 25, 1898, and May 1. 1900. The first question was whether this action, being to recover back money from the United States, should not have been brought in the Court of Claims, but the court held that "it was properly brought before the United States District Court for Southern New York. court said the duties . assessed were of , three classes, those levied under General- Miles' order extending the Spanish regulations pending further action; 'those prescribed by 'the, commander in? chief,-. the Presi dent, tmtir the cession; of the island,, and, third,: those subsequently; levied. The court said there could be no doubt as to the lawful- exaction • of duty. under- the war, power. While- the .treaty of peace was signed" December 12, 1S9S, it did not talce effect until : ratification. The author ity of the Spanish Government: was su perseded,', but ; the r necessity.: for '.the rev enue did not cease. The- Government Additional Decisions in Line With the De Lima -¦ ¦ ¦ '¦¦ V • -Case.;:-' '.-••-•: ¦ acquired by treaty; may, administer Its govern ment as It does that ot the District of Colum bia: it may organize a local territorial govern ment; H may admit It as a State upon an equality with other'States; it may veil its pub^ lie lands to Individual citizens, or may donate them as homesteads to actual settlers." In short, when once acquired by treaty. It belongs to the United States and Is subject to the dis position of Congress. - * . ¦¦>¦¦¦ , Territory thus acquired can remain a foreign country under the tariff laws only upon one o( two theories: Either that the word "foreign" applieR to such countries as were foreign at tho time theistatute was enacted, notwithstanding any subsequent ¦ change In their condition; or that they remain foreign under the tariff laws until Congress • has formally embraced them within the customs union of the States. The first theory Is obvlouoly untenable. While at statute Is presumed. to speak from the time of Its enactment. It embraces all such persons or things as subsequently fall within Its scope. Thus,' a statute forblddir.fr the sale of liquors to minors upplles not only to minors In exist ence at the time the statute was enacted, but to oil who are subsequently born, and ceases to apply to such as thereafter reach their major ity, Bo, when the constitution of the United States declares In article I section 10 that the Htntes shall not do certain things, this declara tion operates not only upon the thirteen orig inal States but upon all which subsequently be foni" Mich;' and when Congress places certain restrictions upon the powers. of a Territorial legislature, euth restrictions ceasa to operate the moment mieli Tnrrltory Ih admitted as a State Uypnrlty of n»a*oriini? ft country ceases to be foreign the Instant It becomes domestic. Ho, too, If Congress »een fit to cede one of in n«\vly acquired Territories (*ven assuming thnt It had tho rlflht to ,iln ho) to. a foreign bower thfro could be no doubt that from the- day of puch ocssion and tlu> .]«:llv*-ry of poxtesHlon, (*uch Territory woijld Iji'ccmn n forelKn rrmntry and be reinstated at( «««•¦». undT tlir> tariff luws. Certainly no act of Congress would b<t nenoM* cnry In sncli rano to ilfolurfi that thn Inws of ll.A ITnll'-d HIhKh Imd '¦• nr-f.l to apply to It, Ccenlon Mnkes It Domestic. Tho thtJory Hint o country r<-roa!nit ror«l*n with forcpect to th» fnrlff luw» until i?onKr»M Ivin ui'H'ii by I'liiliriiHiut It within tho fluiunrr* union jtreMU'r";*' 1 '' •'"•' *' country mny \>» domfirtU' fi/r on* iiunma* nnrl forwlun for jinntinT, it may univiulitcdly liecomn n*vfm*nry fur thn adcfiunte nilinlnlNtrfttlon nf n anmntiv tprrltory to nun! a cimclnl net providing the proiiar nmchlnTy ninl atflreru, u» tM« l'r»»l» "li'iii wi.iilii Imvii mm dutli'irliy (•xcopt iiiwler »h« «¦«!• nowfr tti n<1mlnl«t«r It hlirmlf, .but no act In ntewmry to mulw It <iom*Nt|g territory If rmen It tut* lie&n twrturt to th« UnUtrt Ht«t»r». Wo i»n"fn ti'i nplnlnn nn to whether iUmgrftw In bound to i!|i|trip(i(lut«i He- nianoy to pny for If, TI'Ih linn IjM'O rnuclv dlHauiimd \iy wrltom upon ranntltiilli'tiiil \nw, but It In not ii>'">^niiy (() rOriMilnir lit llllM UMUt, f\* I'uMKleiSH fMllil" tirompt nriprMpi'lutlun nt thn tntmty xiii'Ulni*il In Hi" Im-iii*. Thlx UiH'iry nlno imnnvrifimn that tPrrltoiy inny Im held Indefinitely \jy lliti lfnlt<»il muitm flittt ft »my li» ti-mited In tvfty imrlli'iiUr imenpl for tariff iwrpoMM «n (li>tn«H< ilo tfrrltnry; Dint, lawn m«y l>« ennrtsd and i itfipii-cil l.y Mfiiii'Mt of Dm United titAtue M«ni tic T" i'T iimt i>iui"/i.Mi ii. m inmuiTfiitlniiM nmy I"' HIUililKCWii, WHIM (7iri'l"il 011, IfVnillli'M <•"!• • i"»'K'd, inxi'M iiu'winMiii in Kimi'i, iimt <ivery« ttiliiK iiikv in< il'in" which » cmvki ttiiM'iti run do within Hit own liouminrlM. . and yi-i ilmi tlm tprrltory nhnll rcmnln a for#l*n country! thnt tlilM Mint" of thliiKM rn/ty enntltiuo for ynirn, fir n t'»'itiiry nvcu, hut thnt unlcxM Ccn< urvf-ii niMriM MirVrwiAM It Mt 111 rctnnlrtM it for* cIkh vcunlry. To hold thnt thin can lit don*) nn n innttpr of Ihw w« de«m to \* puro Judl« clnl iPKlnlntlon. Wb find no warrmit for It In tin? r<(inxtittitlan or In th* power* ounf#rre<l iii.f ,n HiIm rutiii. ft In true (tie non-nation of Cotigrrt-H tuny ocnulon n tflftiporury Inoonveni* pnc»«, but It doe* not follow thnt courtu of Judtlce urn authorized to remedy It by Invert ing thw orpJImtry mwtnlnK of wordn. If r.n net of Conrrcs* ba nprBusurj' to con vert u fortlun country Jnto dofflpntlc territory the ouMtlon nt once Kuescnts itMlf, whftt in th« etinrarter of thfi lcitltlntlon dsmandt-d for this purpose? Will nn net appropriating money for its purchase be sufficient? Apparently not. Will an uct appropriating the duties collected upon Import* to and from nuch • country for the benefit of its irovrrnmrnt be sufficient? Apparently not. Will anis making appropria tions for Its postal service, for the establish ment of lighthouses, for maintenance of quar antine stations, for erecting public, buildings have thnt oJfect? Will an net establishing a complete local government, but with the reservation of a rlsht to collect duties upon commerce, be adequate for that purpose? None of these, nor all together, will be sufficient if the contention of the Government be sound, since acts embracing all these provisions have been nassed In connection with Porto Rico, and it is insisted that It la still a foreign country within the meaning of the tariff laws. W>» are unabla to acquiesce in this assumption that a territory may be at the same time both foreign and domestic. Lower Court Is Reversed. A, slnele further point remains to be con sidered* 1 ¦ . ¦ ' ¦ - • ¦-"« '¦¦¦ It is insisted that an act of Congress passed March 24, v - 19Q0 (SUfitat. .151). applying fcr the 'benefit of Porto = Rico' the amount of customs, revtmue' received on importations by the United States from Porto Rico since the evacuation of Potto Rico by Spanish force* October 18. 1S98, to January 1, 1800,' together with any-fur ther customs revenue)! ' collected on, importa tions from Porto Rico since January 1, 1900. or shall hereafter be under existing law, is "a recognition by Congress of the riffht to collect . such duties as upon importations from a foreign country, and a recognition of the fact that Porto Rico continued to be a foreign country until Congress .embraced it within customs union. . It may be seriously questioned whether this Is anything more than a recoenitlon of the fact, that there were moneys !n the territory not subject t« exist ing appropriation law. Perhaps we may go further and say that so far as those duties were r>ald.\ voluntarily and without protest, the legftlity of the payment was intended. to be recognized, but it can clearly have no retro active effect as to moneys thereafter paid un der protest for which an action to recover back has already been brought. As this ac tion in this case was brought March 13. 1900. eleven days before the act was passed, the right to recover the money sued for could not be taken away by any- subsequent" act of Con grefs. Plaintiff suea'in assumosit for money which the collector has in his hands, justly and equitably belonging to them. To say that Congress could by a subsequent act deprive them of tho right to prosscute this action would be. beyond Its powers. .In any event, it should not be interpreted so as to make it REVERSE JUDGMENTS OF THE COURT BELOW We are, therefore, of the opinion that at the time these duties were levied Porto Rico was not a foreign country within the meaning of the tariff laws; . but a Territory of. the United States: that the duties were illegally exacted and that the plaintiffs are entitled to recover them back. The juds-ment of the Circuit Court for the Southern District of New York is, therefore, re versed and tho case remanded to that court for further proceedings in consonance with ' this opinion. '¦ T - * NEW YORK, May 27.— Frederick R. Coudert Jr., who argued the cases of De Lima "and Downes before the Supreme Court, said: • - - v "This De Lima decision affects only the duties collected on Porto Rican products previous .to the passage of the Foraker act. We have covered the auestion of duties collected since the passage of that act by 'what is called the Downes case. This Is an issue which we created to test the constitutionality of the law." • Speaking of the De Lima decision Mr. Coudert said: . "This case, I think I can say, is a his tory making decision. It will have a bear ing upon the position not only of Porto Rico but of the Philippines and Hawaii as well. It practically means that.this.Gov ernment can have no such thine as col onies in the sense that Great Britain has them. ' Every inch of territory over which the "nag;" floats must hereafter be consid ered an integral part of the Union." - Charles' .Frederick -Adams; or the' law firm Of Coudert Bros., who prepared tne case of De Lima, said: \ •-"If the court says the Foraker act Is .right, then the constitutional question is against us, "for. Congress has the power to discriminate against ceded countries. In that act a duty of 15 per cent of the Ding ley tax was regarded .as legal on -goods shipped from Porto Rico; but in the case of Downes,it was brought up as a test caee,' their duty being levied after -the passage of the Foraker act." r %• Naturally, members of tho firm 'of D. A. de lima were flated by the decisions. Said Mr. de Lima: fOiir contention that Porto Rico sug-ar was American sugar, and therefore not dutiable,* has been sustained." • ¦ Another member of the firm said: ; : "\V"e are much gTatifledto learn that a great national "Question has flnally_ been settled. Bince Porto Rico came under the American flag the firm has paid under protest duties amounting to a large sum, which.. we understand, under the Supreme Court's ruling, will have to be refunded." W. J. Bryan's Opinion. LINCOLN, Neb, May 27.— W. J. Bryan's only opinion on the decision In the insular cases was that it upheld the contention of the Republicans in some respects and that of the Democrats in • others. ¦; He said he would not commit^himself further on, the effect of the opinion until he had read the full, text.' He hoped the constitution would follow the flag. '¦ • ; Engaged In Coastingr Trade. ; WASHINGTON, May 27.— The Supreme Court i to-day decided what is known as the." Huus 'caae,> involving. : the | question whether vessels plying- between Porto Rico and New York w«re engaged in the coasting trade.' The ; court's decision' held that; they, were so engaged.- Like England. Ooudert Says Government Cannot Have Colonies tian Work, They Believe That the Play • Is.Detrimental to Ohris^ The old controversy botween the minis try'and the etasfe has cropped up agnln. It was brought up this time nt the weekly meeting of the Methodist Episcopal Min isters' Union, which was held yesterday, hnd the discussion was based on the "Moral Influence of the Drama." After a lon« discussion of tho subject it was the consensus of opinion that attendance at the theaters wan not conducive to ChriB t!anlt;v " • < A week ago Rev. J. N. Beard and Rev. fi. J). Hutfllnplllcr, two. well known min lr.tfr». of thlH city, brought up tho subject at* the ministers' meeting. Thoir remarks w<;re directly In point. Oth«*r buwlncua In tervcnlnn, It wnu decided to poatpono dl» cuwlou until yesterday. ¦ l{cv..John Thompson exprfiHuod hl» opin ion that thero wu* no recUtemlnfr t>ntuns in tho drnimt. Rev. H. M. Woodward riiIj} Hint pcopln onRnRPd in Ohrlatlnn work nhmjld not ottend the drama, a« It wa« diHrirmmtul t» thorn. . ' ,. H*v.- A. Hi KHKtfH delivered ft long tnlk on thp nubjoet, Jim rtiacijHwcil It from tho sundjiolnfof tho Influmfcn on thfl nctor, ¦and, necondlv, ltH'lnttu«nf« on thit nudl nvo. Jlo »aul n man cuuinot not without bHnff a liypo«rlt« and hurting hlnmoir. «n ho. in actlfiu tho RflntlmontM whiflb >>«• Ion* to HJjoth«r. H« stfitcd thnt a mnn will net In thfl pulpit, nnd to explain thi» MHU;mont »nld that fllo«iiwn«« In notlilni* hut wood OfJtlnK. Mr. JJrlRKH expresHutt JiIh opinion thnt thnr«i wan a dramwflc «!<»• m«rit In all prot<i«intloti» of trufh, Jlo admitted thaf thf-re w«r« n. mimn*r; of imii'h coiriliiUiioH oil tllft HUiK't, Mi" JlVjPft of whoHti mmnhtirn w«r* Irrtfjminehfthw, but added thnt In a majority of ««»«« h»» roold not <txi>r«'MN tli« nHtt)f> opinion. Mr. liii,w, In cofuiitiiiliiK hlti mill, «nld that hud Ik- Im-.'Ii united hi* opinion Of Him Magy two y««urn ngo he would hnvo/ondeinned it. but HlllC9 Ihnii ll» tlAH clllillH'"! Ill* \ifiWH, , ¦ "W« ought to rnvlww our conolusldHN," ho nald, "and tlmro oiiBht to I mi an opon tn\no In r«ferpric» lo i\w drnrna tin t(/ other »iue.»tlf»n«." Itfiv. K. D, Uovnrd aloo spokn at lon«th and in port i*uldi "Hi l» a profcufllon that exnrcl««« and protects dlMHlpatlon, It hits n dc'nterlouh ffftct on thn mornl chnrftctor of tho pnrty iiriliiK, heruiiMtt the fundamtftitul olomotitit of blii proffHJdofi ara domlturtcd vvitu hi). fltmufphcre of dissipation. It also has a dnlntcriuus effect on thoHO who llMten on ficcount of tho overestlmntlon of thg san uatloiial clement In their nature, nnd it producei) a superficial conviction on all questions of character. Tho good element In tho drama can never bo the predom inntlnK Influence. Taken as a wnole, in my opinion the drama can never be an auxiliary to tho church." must be carried on nnd there was no au thority left but the military authority. Tho most natural method of raising rev enue was by continuing the Spanish dut ies, Oeneral Miles, in adopting this meth od, was fully Justified by laws of war. Different considerations apply from the date of notice of ratification of the treaty of peace. Porto Rico then ceased -to be foreign country, and the right of the Col lector, to exact duties ceased with the exchange of ratifications, though the right to administer the government, of course, continued. • ¦• ¦•¦-¦. : .v ¦•¦¦• From the moment the United "States ceased to be foreign country with respect to Porto Rico . and until Congress acted importations were free from levy of duty, whether from one place to the other or vice versa. In our opinion the authority of the commander In chief ceased with the ratification of the treaty of- peace, and the right. to free entry of goods continued until Congress constitutionally acted. The deci sion for this reason will be reversed. Justices Gray,' Shiras, White. and Mc- Kenna dissented. The dissent was based on the ground that Porto Rico does not Ipso facto become a part of the United States so far as the tariff laws are con cerned the moment the treaty of pettce was ratified. .' ¦ .' • The case of Armstrong vs.- the United States, Involving the' validity of a duty assessed on goods shipped to Porto Rico during military occupation, especially be fore and partially after the ratification of the treaty, >wa3 decided on the lines of the Dooley case, the court dividing as In the latter case. SAYS THE DECISION IS HISTORY-MAKING Methodists Discuss Sub % ject at Very Great' .'. Length. MORAL ELEMENT OF THE DRAMA Continued From Second Page. DUTIES ILLEGALLY EXACTED ¦ ¦;.¦¦¦¦¦¦¦¦,¦ K...,. ¦ •.-...,. r .. ¦ - ¦ ', ' — ¦ -¦ .1 ¦ ¦ : - ' - ••.-•-• " " THE SAN. FBAN.OIBOQ^CAIiliV- TUESDAY. ; MAY '28, 1901. James Badger, Retired Capitalist, Held on Suspicion of Having Caused His Aged Wife's Death by Striking Her on the Head With a Stick During a Family Quarrel 9 GKAPE-NTJTS. ~1(NEW~THE WAY OUT. . Made a Study of His Food. It Is not always that the user of food understands about that food, but a gentle- man in Cincinnati writing about Grape- Nutf expresses himself perfectly. Ha says; "A business man devoting himself to hard, mental labor, requires different focd than a man doing muscular work. I became aware of a dull, heavy feeling in my head day by day. which did an un- told damage to my work. Verdict, In- testinal Indigestion; punishment, a severe diet list, leaving out starchy foods, sugar and fat. "Up to this time, with the most precise care In cooking, the ordinary breakfast food tame to the table a pasty, starchy mass. Added to that was sugar and more or less white bread, which gave an excess cf starchy food that could not be digested. This Indigested mass passed into the intestines, creating gas and all of ihe distressing symptoms both of body and brain. "I was put on Grape-Nuts Food for the reason that it is made of selected parts of wheat and barley, thoroughly cooked -at the factory, giving to the body the starchy part of the food (which Is neces- sary), predigested. that is, turned into dextrose or grape sugar. This furnished the sweet needed, without the use of cane sugar, and gave me the starchy ' principle of food already passed Into the second condition, exactly in the same manner as a healthy body digests It. "After eatiQg Grape-Nuts for. a short time I found a most remarkable improve- ment in my health, and I also discovered the reason why the claim made on the package is true, that one pound of Grape- Nuts, which is perfectly absorbed by the body, will afford fkore nutrition than ten pounds of meat, wheat or bread, imper- fectly digested. I can assure any . one that a week or ten days' conscientious use of Grape-Nuts will prove far more convincing testimony than . any written words. I subscribe myself a gratefulcon- Bumer. Please do not publish my name." Any one who will write . to the Postum Cereal Co., Ltd., Battle Creek, Mich., and enclose stamp, can -be supplied with the name and address. OLD DOCTOR ¦y ;, This Is a Story With a Moral. Once a young man met a wise old, doctor. The doctor was rich, as doctors often get to be. The young man was poor,' as young men often are; but he had studied hard arid had invented an' electric belt which he thought was better than anything else in the world as a strength- builder. He hoped some day to prove its value. And .then he hoped to be as rich as the wise old doctor. ' The wise old doctor and the young man had known each other as fellow-travelers for two whole days, and they were rather inclined to be sociable, as fellow-travelers often are. .. "1 would like to ask you, Doctor," said the young man, "why- it 13 that doctors as a rule are so bitter against my electric belt; why you always condemn it, and discourage your* patients from using it^ Do you mind giving me an honest answer to that question?" ."Why, my. dear boy," said the wise old doctor with, a fatherly smile, . "that is a ridiculous question. Let us suppose that you and I ' owned grocery stores on opposite corners; that I had a. good customer whom I wished to keep, and that he asked me if I thought you sold better gro- ceries than I .did, and at ?ower prices, do you think I would tell him you did and advise him to trade with you?. No, my son; you don't think me such a fool; v "Doctors,: my boy, are doctors because it brings them a living, and they are not going to lose'aigood customer if they can help it." ¦": '¦¦"• "But," .ventured the young man, "do you not know that my plan of . e :"¦ — ¦-'- treatment has merit and that it . has made He Wrsti'tLosing some remarkable cures even after -doctors Any Patients I? He .have tried their best and failed? Do you not Could Help It. ; .* acknowledge that, my belt gives a great force j l ' • ' — — —*¦ of electricity into the body, and that after my years of careful) study I should know how it ought to be applied? Based on its actual -merit, ought not the doctors to recommend it for the good of humanity?" ... "Yes, yes, yes.- I concede all that, my son, but you forget that if we acknowledge all* this to our patients we would be taking the bread out of our. own mouths, and that we are not willing to do. I know of two cases of my ; o\vn' patients who have used your" belt, and they have spoken very highly of it; but you don't get any more of my patients if I can help it." ' - So said the wise old doctor,. and the young man agreed that he wa3 "up against it." • ! - ... . . * : \ , All of which suggests the moral : If you expect the people to recog- nize the merit of your remedy you must "blow your own horn." + '--That's what I'm doing. -I will take any case of Rheumatism. Lame Back. "Wasting Vitality.' Nervous, Debility, Varicoegle. or any weakness in men or women under fa 'guarantee,' to:' cure "or no pay. My Electric Belt is tho best in the world. - I take. the old style, turning kind In -part payment Call ¦or send for my. free book." ,".' -> y . , -.?"?' DR! M. C. JMcLAUClhLlN^- 702 Market street, corner Kearny, San Francisco., THE TRICK. Wffl/A TRICK may involve deceit or it may IjPy be a display of peculiar skill. There jUifrl is deceit in some soaps, but there is none in Ivory Soap; it is a display of pecu- liar skill. It will stand any test and can be relied upon to do all that is claimed for it. !" IVORY SOAP IS 09«Xfr PER CENT. PURE. ' ' v.r . i j*. : •