THE MORNING OEEGONIAN, THURSDAY, JANUARY 30, 1902.
censorship!
Leads to Another Spirited
Debate in the Senate,
STATEMENTBYGENEBALGREELY
Cullom DlHcnsftex the Rights of the
Treaty-Making: Povrer Xlevola-
tionsry DIschbbIoh Brosght
Up by Money.
WASHINGTON, Jan. 29. For an hour
today the Senate had under discussion the
question whether a censorship of press
dispatches existed In Manila. "While no
such turbulent scenes as yesterday's wero
enacted, the debate for a time -was very
spirited. The Secretary of "War -was
) quoted as saying that no press censor
ship now exists in the Philippines, and a
letter from General Greely, Chief Signal
Officer of the Army, was presented by
Beveridge, making the statement officially
that there Is no censorehip of press dis
patches, and that "the press Is entirely
free." It was contended by the opposition
that a press censorship does exist in the
Philippines and that copies of every news
dispatch filed with the cable company are
filed with the military authorities. That,
it was maintained, constitutes a virtual
censorship.
The Routine Report.
At the conclusion of routine business a
bill providing for the use by the United
States of devices invented by its naval
officers while engaged in its service and
covered by letters patent was passed.
Cullom, chairman of the committee
on foreign relations, then addressed
the Senate on the constitutionality of that
portion of the DIngley act which author
ized the negotiation of reciprocity
treaties. He said that the wording of the
provision was peculiar and mixed, but It
seemed plain that all treaties negotiated
must have been made and ratified within,
two years after the passage of the act.
Therefore, if that act is to control, It
would be useless to ratify the treaties.
Senator Cullom continued:
"In my opinion, the fourth section of
the DIngley act, so far as- It attempts to
confer, limit or define the treaty-making
power. Is not only an interference with
the powers of the President and Senate,
but Is unconstitutional because it comes
in conflict with that clause of the Consti
tution which says that, the President
'shall have power, by and with the advice
and consent of the Senate, to make
treaties.' "We do not, therefore, derive our
treaty-making powers from a law of Con
gress, and no law of Congress can. In any
way modify or limit these powers. The
DIngley act cannot limit the time in which
we shall be allowed to make a treaty."
Cullom contended that the fourth sec
tion of the DIngley act should be taken
as a mere expression of the view of Con
gress, and that the President did not need
authority to make the treaties. Cullom
discussed the provision of the Constitu
tion declaring that bills for raising reve
nue must originate In the House, and
said: v
"From the decisions and statements of
Justices Storey, Miller and Harlan, I can
not see how this clause would make It
necessary to submit a reciprocity treaty
to the House before It becomes effective.
The language of the clause Is that 'all
bills for raising revenue, or liv which rev
enue may incidentally arise.' A reciproc
ity treaty is not a bllL It Is true that It
reduces a duty which has been laid by
law, but I maintain that the treaty-making
power has authority to change a tariff
law the same as It has authority to
change any other act of Congress, and we
have seen that it has been clearly held,
from the decisions of Chief Justice Mar
shall down to the present, that the Presi
dent and Senate by treaty can change or
modify u law of Congress."
Cullom also said:
"This question before us here has been
before the Senate for 100 years. The ex
ecutive and the Senate have taken one
position, and this Is that a treaty is the
supreme law of the land. That position
has been sustained by the Supreme Court.
On the other hand, during all these 100
years, the House of Representatives has,
as a rule, insisted that they should be
considered In reference to certain treaties.
That does not relieve us, the Senate, of
the duty of standing for our prerogatives
and our rights, and insisting that the
rights of the executive shall be main
tained. A treaty made by the executive
and ratified by the Senate is the supreme
law of the land as well as an act of Con
gress. If the Congress is not satisfied
with the treaty it has a perfect 'right to
repeal It, let the consequences be what
they may. But until such action Is taken
the treaty remains a part of our law."
Addressing the Senate, Money took issue
with the statement of the Senator from
Massachusetts, (Hoar), a few days ago,
to the effect that the State of Massachu
setts had furnished more troops In the
"War of the Revolution than all the sec
tion south of what was known as the
Mason and Dixon line.
Hoar explained that In whatever he may
have said upon the subject referred to by
Money, he had no purpose of instituting
a comparison between any sections of the
country.
Lodge insisted that consideration of the
Philippines measure should be proceeded
with, and declined to .yield the floor for
Bacon to continue the revolutionary dis
cussion. His disinclination Irritated Till
man, who said:
"You can't gag us In your effort to force
this Philippine bill. How does the Sen
ator get his own permission to be so in
vidious and so ungracious?"
Lodge disclaimed any intention of being
ungracious. Lodge was about to proceed
when he was interrupted by Hoard, who
said:
"The most emphatic argument against
this whole Philippine business"
"Is the healthy discussion of the patri
otic Impulses of our ancestors," inter
jected Tillman, taking the Idea, perhaps,
If not the words, out of the Massachu
setts Senator's mouth.
Continuing, Lodge said that a careful
examination of the Associated Press dis
patch showed that General "Wheaton had
not criticised the Senate, but had con
fined his comment to the utterances of
Mr. Schurman, whom he had a perfect
right to criticise, In Lodge's opinion.
Galllnger read an extract from an Asso
ciated Press dispatch from Manila, pub
lished today, saying that General Wheat
on's vigorous criticisms referred entirely
to Professor Schurman's speech at Bos
ton. He did not think the Senator from
Idaho would contend that General Wheat
on has not the right to criticise a private
citizen.
"What I contend," replied Dubois, "Is
that It Is In exceedingly bad taste for an
Army ofilcer to criticise the utterances or
Professor Schurman, a man who was sent
by this Government to the Philippines In
a responsible official capacity, to ascer
tain the facts of the situation over there
'1 am glad," continued Dubois, "that
the gentleman on the other side of the
chamber Is forced to admit the accuracy
of the dispatch Introduced here. That
dispatch Itself was censored. I will say
there is a censorship in Manila, in my
judgment. No newspaper man can file a
dispatch with Jthe cable company in Ma
nila -without filing an exact copy or dupli
cate of It with the military authorities.
Xou may quibble over that fact. In my
opinion, that Is a censorship."
Q,HCxtion of Ccnuorjriiip,
Lodge said he had called upon the Sec
retary of War last evening and had been
assured by him that there is no censor
ship of press dispatches In the Philip
pines. "Now," said Lodge, "1 give my
authority. Let the Senat6r from Idano
give his."
"My statement Is made 'upon my respon
sibility as a Senator," replied Dubois.
"Our committee (the Philippine commit
tee) can ascertain the facts If they are
desired."
Beveridge presented n-ictter from Gen
eral Greely, Chief Signal Officer of the
Army, dated today, the essential portions
of which are as follows:
"Censorship In the Philippine Islands
has been removed entirely between these
islands and Europe and America, save in
the case of code messages of unauthorized
firms having no standing. The press is
entirely free. Necessarily, a limited cen
sorship is maintained over messages in
the Philippine Archipelago, and to adja
cent points, wherein Insurgent troops and
agents are in active hostility against the
United States. Press messages are not
censored to any place in Europe or Amer
ica, but only to points where the Insur
gents are actively engaged, through jun
tas or other agencies, such as in Hong
Kong or Singapore."
Beveridge thought General Greely's let
ter ought to settle the question of censor'
ship of press dispatches.
Dubois Inquired whether, if It should
appear that his statement was accurate,
the Indiana Senator would consider that
censorship.
"I do not think the matter is pertinent
ITALIAN ACTRESS CELEBRATES HER 80th BIRTHDAY.
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MARCHESA CAPRANICA DEL GRILLO, KNOWN AS ADELAIDE
RISTORI.
The 80th birthday of Marchesa Cpranlca del Grlllo, better known to the world
as Adelaide Bistort, the famous actress, was celebrated yesterday by benefit per
formances In all the theaters of Italy. The proceeds were offered to the jreat
actress, as there is a popular Impression that her fortune has been reduced by
bad Investments, but she declined to accept it, and requested that the receipts bo
invested In a fund for the benefit of destitute and invalid members of her profes
sion. The fund will be. known hereafter by her name. The Government of Italy
celebrated the event by striking a sold medal In honor of IUstorl, which bore on
one side a profile nd on the other an appropriate inscription. Bistort was born to
the stare. Her father and mother were both actors, and she made her debut when
3 months old. being Introduced in a part by her mother. ."When she was 4 years.
old she had. a walking part, and played a Juvenile role until ehe was 10, when she
bad won truVClclenl fame to command a salary for herself. On June 4, 1S5G. she
made her debut In the Drury Lane Theater. London, In "Medea," and made her
first appearance In America In October, 1SC5, remaining In the United States for
two seasons, and playing In all the principal cities. Her second visit to the
"United States was In 1S73, and her third In 18S5. which closed her dramatic
career. Since then she has not appeared In public,' except at benefits and at oc
casional performances for charity.
to the present discussion of the Philip
pine triff bill," replied Beveridge, "but
the filing of copies of dispatches with the
authorities is not censorship, if no ac
tion by them is taken to prevent their
transmission."
Wellington thought It had been demon
strated that there existed In the Army In
the Philippines a decided spirit to criticise
Senators who were opposed to the war in
the Philippines. Ho denounced the war as
"unrighteous and unjust." He believed
that both members of Congress and pri
vate citizens had the right to hold views
in opposition to the Administration's "Im
perial policy." and to express those views
without subjecting themselves to the crit
icism of Army officers.
Stewart delivered a brief speech. In
which he declared that the people never
would consent to relinquish the Philip
pines. He believed they would prove or
Immense value to this country In many
ways.
Bacon gained the floor and criticised
Lodge for declining to yield to him at the
time ho desired to proceed, insisting that
according to the usages and proprieties ot
the Senate he had a right to the floor.
Tillman said he desired to "draw a few
draughts from tho fount of liberty," but '
would postpone his remarks upon the his
torical subject which had been broached
until tomorrow, when he would make
them while the Philippine measure was
under discussion.
As Cullom was about to move an execu
tive session Hoar suggested that the Sen
ate now might have a "little discussion
of the character of Mary, Queen of t
Scots," and amid laughter the Senate, at (
4:35 P. M.. went into executive session,
and at 4:40 P. M. adjourned.
The Day In the House. I
WASHINGTON, Jan. 29. When the j
House met today Henry (Rep. Conn.) re- ,
ported tho oleomargarine bill from the j
committee on agriculture. A minority j
substitute was also submitted.
Hopkins (Rep. 111.) reported the perma
nent census bill and gave notice that he
would call it up tomorrow.
Henry (Rep. Conn.) asked unanimous
consent that the oleomargarine bill be
made a special order for Monday, Febru
ary 3. The request met with a chorus
ot objections from the Democratic side.
Then, at 12:25 P. M., the House ad
journed. Fanston "Vantn to Remain,
KANSAS CITY, Jan. 29. General Fred
erick Funston, who arrived here from
San Francisco to undergo medical treat
ment, was in the hands of his physicians
for an hour today. Later the physician
stated: "I have given the wound some
treatment, and it may be that a formal
operation will not be necessary."
'My leave of absence expires about
March 10," said General Funston today,
"and unless I receive further orders I
will sail for the Philippines about that
date. I am hopes my three years service
in the Philippines will result Trr an order
permitting me to remain in the United
States for a time, perhaps in command
of one of the departments here."
Death of aa Omaha Snperloreax.
OMAHA, Jan. 29. Rev. Sister Mary Con
stance Bentivogllo, mother superior and
founder of the first branch in this country
of the Order of Poor Clares, died early
today at the local convent of that order,
of pneumonia, aged 64 years. She was
born in Rome, of which city her father
was once Governor.
Te Care a Cold la Oae Day
Take Laxative Brorao Quinine Tablets. AH
druggists refund the money if it falls to cure.
. W. Grove's slffsaWro to ea each box. 83c
TREA1Y WITH DNMARK
THE SEXATE FOREIGN COMXITTKE
GIVES IT ATTENTION.
Members "Want Mere Information
About the Islands, hat "Will
"Report It Favorably.
WASHINGTON Jan. 29. The treaty with
the Government of Denmark for th ces
sion of the West Indian Islands, owned
by that country, to tho United States, to
day received its first attention at the
hands of the Senate committee on fqrelgn
relations. The committee adjourned with
out taking action. This postponement of
action was not due to opposition of the
treaty, but rather a desire on the part of
the committee to secure from the State
Department all the information possible
concerning the resources of the islands
and the advantages to bo secured by their
control by the United States. All the
members of tho committee. Including sev
eral Democrats, expressed themselves as
of the opinion that the possession of the
Islands would be advantageous to this
-4
country from a strategic point of view.
The present prospect Is the treaty will be
favorably reported after another meeting
devoted to Its consideration.
There was some discussion as to the
effect of the treaty upon the inhabitants
of the West Indies, but this apparently
was settled by the conclusion that any
resident of the Islands could maintain his
allegiance to Denmark as long as he de
sired to do so. There Is no provision In
the document itself for a plebiscite, but
the general opinion among members of
the committee, aa brought out In the meet
ing. Is that Denmark will exercise the
privilege of permitting the Inhabitants of
the islands an opportunity to express by
ballot their preference in the matter of
transfer.
EXCLUSION BILL HEARING.
LlvcrnaHli Concluded Ills Argaaeat
Before Senate Committee.
WASHINGTON, Jan. 29. E. J. Llver
nash, of San Francisco, today concluded
his argument before the Senate commit
tee on immigration, begun last Monday,
in behalf of the Chinese exclusion bill.
He had never, he said, discovered, after
diligent search for Information, any in
timation that the trade between the
United States and China had decreased
on account of the attitude of this Gov
ernment on the exclusion question.
In response to a question by Mr. Pen
rose, he said that the arguments ad
vanced by the Southern cotton producers
that their trade with China would be
severely crippled were not well founded,
because it had been proved that senti
ment was not a controlling factor in
trade. Answering another question by
Mr. Penrose, ho said that payments for
the successful smuggling of a Chinaman
into the United States range from J50
to $500 or 51000, and in the case of a. wo
man as high as $2500, where the object Is
to engage her in immoral practices.
In the course of the hearing Mr. Pen
rose remarked that it did not seem rea
sonable to prohibit the employment of
Chinese seamen" on the vessels plying be
tween this country and Chinese ports.
Mr. Llvernnsh said that question will
have to be met by Congress Bquarely. be
cause Congress is endeavoring to build
up a merchant marine, and this can
not be done until we have American sea
men at the mast. Our failure to protect
our seamen, he contended, is giving the
Pacific Ocean over to tho Asiatics.
The committee then adjourned to meet
on Thursday next at 10 o'clock.
Nominations aad Conflrmatteaa.
WASHINGTON, Jan. 29. The President
today sent the following nominations to
the Senate:
Edward Kent, Colorado, Chief Justice
of the Supreme Court of Arizona.
Postmaster Washington, Arthur M.
Blackman, Snohomish.
Toe Senate today confirmed the nomi
nation of William Farre, to bo Registrar
of the Land Office at Burns, Or,
Reports on Aatl-Oleo BUI.
WASHINGTON, Jan. V9.--The majority
and minority reports on the antl-oleo-margarine
bill were filed In the House to
day. They summarize the extent of the
injury claimed to be done to the butter
and dairy interests by the sale of manu
factured products colored to imitate the
genuine article. The majority report
urges a substitute designed not to pre
vent the manufacture or sale of oleo
margarine, but to prevent It from being
fraudulently sold for butter.
Sarvlvor of War ef 1812 Feasleaed,
W KINGTON. Jan, 2-The House
committee on pensions this afternoon re
ported favorably a bill granting a pension
of $25 per saonth to the last surviving sol
dier of the War of 1812, Hiram Cronk, of
Oneida County, N. Y., aged 103 years.
Favorable to Metcalfe.
WASHINGTON, Jan. 29. The Senate,
committee on pensions today unanimously
agreed to report favorably the nomination
of General W. S. Metcalfe for- pension
agent at Topeka, Kan.
TRIBUTES TO M'KINLEY,
Memorial Services la the Tabernacle
at Canton. v
CANTON, O., Jan. 25. Cantonlans paid
loving tribute to the late President Mc
Wnley In a memorial service at the Tab
ernacle today which was participated in
by people In all walks of life to a, num
ber that taxed the big enclosure where
many of the same people had so often
listened to the words of their old friend
and neighbor.
The chief orator of the day was William
Dudley Foulke, of Indiana, a warm per
sonal friend orthe late President, recent
ly selected by President Roosevelt for
membership on the Civil Service Commis
sion. Following his eulogy of the late
President, Mr. Foulke bespoke for Pres
dent Roosevelt the sympathy, the loyalty
and the patriotic co-operation of all those
who loved and honored the great dead.
The routine of the public and parochial
schools of Canton was suspended for -the
day" In favor of patriotic exercises in
honor of the late President,
Governor Caairalns Trlbate,
DES MOINES, Ia.f Jan. 29. Governor A.
N Cummins delivered an address to a
Joint session of the Legislature this after
noon on "William McKlnley," in honor
of the anniversary of the birth of the
late President, saying, in part:
"William McKlnley believed and acted
upon the belief that to be great and help
ful and powerful, a man must know some
one thing better than any one else knew
it; and that the world was always on the
lookout for such a man. He chose for
his especial study one of the most difficult
as well as one of the most controverted
subjects of bis time, and he mastered It
absolutely, so that before many years
had passed over his Congressional career
William McKlnley knew more about the
productive capacity of the United States,
more about the conditions under which
labor arned its wage and capital Its re
turn, more about the possibilities of our
magnificent future, than any other man
in America."
la the Colorado Leglslatare.
DENVER, Colo., Jan. 29. The Legisla
ture today adopted resolutions containing
a splendid tribute to the great services
and pure life of the late President McKln
ley, deploring the manner of his death
and appealing to all legislative bodies to
stamp out anarchy.
The House unanimously adopted resolu
tions commending Admiral Schley and
condemning the majority report of the
Naval board of inquiry In his case. The
Senate adopted resolutions congratulating
the Senate of Maryland for Its "patriotic
action in ordering stricken from the public
libraries an Infamous volume that at
tempts to traduce the honest name of
Rear-Admlral W. S. Schley, one of the
world's greatest naval heroes!"
Ia Ciaclnna'tl Schools.
CINCINNATI, O., Jan. 29. The anni
versary of the birthday of the late Presi
dent McKlnley had no public observance
here today. The city and county offices
were open as usual, and no demonstration
of flags Indicated that the day was re
membered. In the public schools, how
ever, while no uniform order of exercises
was prescribed, the teachers presented to
tho pupils lessons from the life of Mc
Klnley, especially those relating to his
boyhood and youth.
Observed by Maryland Schools.
BALTIMORE, Jan. 29. While McKlnley
day was not a legal holiday in Mary
land, special exercises were held today
in the schools throughout the state, and
the children were given an opportunity to
contribute to the memorial fund. The
School Board, of Baltimore Chy, for this
occasion, relaxed Its rule prohibiting the
collection of money In the schools.
Exercises at IVew York.
NEW YORK, Jan. 29. Exercises In ob
servance of the birthday of the late
President McKlnley were held In the pub
lic schools today. Flags were flown on
all public buildings, and several meetings
set for today. Including one of the Board
of Aldermen, were adjourned as a mark
of respect to the late President's mem.
ory.
Services at Chicago.
CHICAGO. Jan. 29.-Chlcagoans of all
ranks and stations honored the name of
William McKlnley today, the anniversary
of his birth. Flags throughout the city
were at half-mast, and memorial services
were held In many chufches, schools and
G. A. R. camps. All the city offices and
the county courts were closed for the day.
"Utah Contributes.
SALT LAKE, Jan. 29. Special exercises
In honor of William McKlnley were held
In the schools and colleges throughout
Utah today. A feature was the receiving
Of contributions for the McKlnley xnonu
ment fund. No child was allowed to con-
.iv.. n-. .i c .
tribute more than 5 cents.
Ia the Ohio Legislature.
COLUMBUS O.. Jan. 29. The praises of
the late President McKlnley were sung
by the members of the Ohio Legislature
in a flow of oratory which has not been
equaled in years in the hall of the" House
of Representatives. Governor Nash and
others spoke.
STORM IN OHIO VALLEY.
Heavy Fall or Snow aad Sleet at Cin
cinnati. CINCINNATI, Jen. 29. A heavy snow
and sleet storm struck thjs city early this
morning, and tonight over four Inches ot
snow covers the ground. Street-cars have
much difficulty in running, and some of
the trains from the" West are reported de
layed. The storm is general over the Ohio
Yalley.
Heavy Loss at Little Rock.
LITTLE ROCK. Ark., Jan. 29,-Heavy
losses resulted from the terrible storm of
sleot and cold rain which has prevailed
hero for tho past three days, culminating
last night,
Th business section of the city is a
scene of desolation. The estimated dam
age will exceed $400,000, including loss to
business. Fully 6000 shade trees were de
molished,. t '
Snow la Nebraska and Iovra,
OMAHA. Neb., Jan, 29. The snow
storm which began yesterday continued
all night, and more snow Is on the ground
than for several years. The fall is gen
eral over this state and Iowa, with a
depth of several inches in some places.
Trains entering the city were all late.
I i I I
Chicago BXarder Mytery.
CHICAGO, Jan. 29. Myptcry surrounds
the death of 17-ycar-old Horace Schroe
der, who was found dead, face downward,
with a bullet hole in his heart early to
day on the floor of D. C. Burns' grocery
store, Sacramento avenue and Lexington
street, Beneath the body was found a
bag of coins and bills, the change used
In the grocery. Near by lay a revolver,
four chambers of which had recently been
emptied.
Xevr Jersey' Xevr Senator,
TRENTON, N. J Jan, 29. The two
houses of the Legislature met In Joint ses
sion at noon today and John F. Dryden
was. formally declared elected United
States Staator Uv New Jersey,
WOMEN OF ALL CLASSES
Find Peruna Indispensable to Guard Against Colds,
Coughs and Chronic Catarrh.
Miss Emily Mllburne, President West Side Young Woman'o Club, 132 West
Congress street, Chicago, Illinois, writes to The Peruna Medicine Company, Co
lumbus, Ohio:
"For the past four years the members of our West Side Club have
used little medicine except Peruna. It is our cure for the many differ
ent complications resulting from colds, whether it Is a severe cough,
catarrh, Influenza or Ia grippe. We find it is very superior as a tonic
and an appetizer, and a good cure for indigestion, and a true friend to
women. Personally I indorse It, knowing It to be dcscrvingi'the con
fidence of suffering humanity." MISS EMILY MILBURNE.
Ask Your Druggist for
AOMIRALSCHLEY'SAPPEAL
HE ASKS FOR A REVIEW OF THE
FINDINGS OF THE COURT.
Based on the Verdict of Admiral
Devrcy, a- Opposed to the
Majority Report.
VYASHJNUTOiN, Jan. . the avy JUe
parlmenl has made public Admiral
Schley's appeal, delivered to the Presi
dent about a week ago. The department's
"comment" will be published in a day or
two. Admiral Schley appeals to the Pres
ident as tho Chief Executive and Cora-mander-ln-Chlef
of the Army and Navy,
"vested with power to regulate and direct
the acts of the several executive officers
thereof," and he asks that the President
review the findings of the court. He asks
this on three grounds. In each case basing
his appeal on the findings of Admiral
Dewey, as opposed to the majority re
port. These three grounds are set out
(.uuijjcuuwuau m ",c ...., scnley's conduct in the premises."
fills about eight printed pages of a. Thcrefore Admiral Schley asks the
pamphlet, and Is signed by Admiral president to annul the Secretary's ln
Schley and ljy Messrs. Rnyner, Parker dorseinent, which "makes valid the failure
and Tcague. of his counsel. J of tne majority membbrs thereof to report
A tfanhaH fVia natltlnn nfo tnraft PV. ... . . ... .. . - . -
UititT " " "B" and "C" each made up
I nous, a, a ana -, eucii inaue up
of copious extracts from the testimony
taKen Dy me court oi inquiry ana in-
tended to confirm the statements of fact
maac in uie peuuun iiseu. xius lanci
document, the first ground of appeal, is
the holdlnsr of Secretary Long in his In
dorsement of the court's findings, "tliat
the conduct of the court In making no
finding and rendering no opinion on those
questions (that of command and of credit
for the victory) .is approved Indeed It
could, with propriety take no other course,
evidence on these questions during the in
quiry having been excluded by the court."
On this point the petition says that the
Secretary of the Navy was In error in
stating that the court excluded testimony
to show that, as Dewey said, Schley was
the senior officer In the battle of Santi
ago; was In absolute command and enti
tled to the credit due for the glorious
victory which resulted in the total de
struction of the Spanish ships. On tnls
nolnt the netltlon savs:
"And your petitioner, 'the applicant.'
before said court of Inquiry, now fl.ea nuned Jn each Instance where It Is at va
wlth this petition an argument, together riancc wltn Admiral Dewey's opinion, and
with a resume of the testimony taken tnat tne jatter's opinion should be ap
durlng the Inquiry in so far as It relates to p-oved, for the reasons heretofore set out
the question as to who waq In command , jn tne Dm oi exceptions filed with the
'at the battle of Santiago, In support ot i secretnry of the Navy,
his plea that the presiding member of the It Is alao a3l:ej tnat "the president annul
said court acted within his authority and - that poruon 0f Secretary Long's indorse
jurlsdiction in reporting his opinion as , moot Whlch tatrs "as to point on whirh
hereinbefore set forth, and that the ma- i i .
jority members of said court failed in tho '
discharge of a most Important duty de- '
volving upon them under the precept, in i
that they did not rap-rt their opinion up- J
oa the said question: that It was incum- t
bent upon such majority members to con- j
aider and determine the said question, for
the reason that only by so doing could '
they determine the propriety of the con
duct of the said Schley In said batth
since, It being a fact that he did assume
command of the. American forces therein
engaged, his action would. In the ab
sence of the right and duty to do so, have
been highly censurable and upon th
questions of such right
propriety of his conduct
M2f,siE
:tltled. under the
the said Schley was entitled,
,- . niHM nnj aiimh -a
the majority members as we'l as frin
the minority member of the said court,
and your pet:tloncr rcpectful.y rtqutMa
testimony (which are attached hereto and
marked "Exhibit A') be considered as a
hpart of his petition, and as the basis for
hjs prayer for relief in the premises."
Therefore the petition asks the Presi
dent to annul Secretary Long's indorse
ment on this point, and that he specifi
cally approve Admiral Dcwey' statemnt
1 declaring that Schley was in command.
a free. Pe-ru-na Almanac. Every druggist has them.
He says that only In this way can exact
justice be done him under thp precept.
The second ground relates to the alleged
withdrawal of the squadron at night from
Santiago Bay and the character of the
I blockade, and the propriety of Commo-
J dorc Schley's conduct in tho premises.
This was one of tho points upon which
Admiral Dewey specifically dissented. The
petition recites the findings of the court
to the effect that the flying squadron did
not withdraw at night, and declaresthat
by this statement the court obviated the
necessity of expressing Its opinion as to
whether or not a close or adequate block
ade was established afld the propriety of
Commodore Schley's conduct In the prem
ises. It Is declared that under this speci
fication the eighth more than a majority
of all the witnesses were examined, and
about one-third of the whole period ot the
inquiry was consumed in its consideration,
yet "notwithstanding the facts herein set
forth, all ot which appear upon the record
of said court, the concurring members
thereof have failed utterly and entirely
to discharge the most Important duty Im
posed upon them by the terms of the said
specification, which duty was to report
their opinion upon the question of whether
or not a close or adequate blockade or
said harbor to prevent the escape of the
enemy s vessels therefrom was estaD
, Med nnd th proprjetir of Commodore
Ti?P ia Up" atAIM1r".0n,01 ,ine 6"iS
olchth specification " And It also Is asked
that there be Bubstltuted therefor Admi-
ral De-,vey.3 hold!ng-"The blockade of
Santiago was effective." Otherwise the
petitioner declares that he will be with
out a finding or opinion upon one of the
most important specifications.
The third ground recites Admiral
Dewey's opinion to the effect that: "The
passage from Key West to Clen
fuegos wa3 made by the flying squadron
with all possible dispatch, having In view
the importance of arriving off Cienfuegoa
with sufficient coal; that the blockade of
Cienfuegos was effective; that the Adula
was pcrmuieu to gain iniurmuuuu, aim
finally that tife passage from Cienfuegos
to a point off Santiago was made with as
much dispatch as possible while keeping
the squadron a unit." The petition de
clares that this opinion, being at variance
in certain points with the majority opin
ion, is the only one justified by the evi
dence and facts before the court, and It
Is asked that the Secretary's approval of1
' the ma1orltv findinc h snt nsldn and an
Dark Hair
Do you want it? All that
dark, rich color your hair
used to have ? Easy enough,
so long as you can buy Ayer's
Hair Vif r- h aIws rf
- StOfeS Color tO gray hair. It
StODS 12111112 Ol tile flclir, tOO,
j . t
ai-Cl SOIlietimeS IHakeS it PTOW
Very long Slid heaVV,
' '
' I am over 50 years old. My hair
is long and heavy, end of the dark, rich
color of youth, thanks to Ayer's Hail
Vigor."
Mrs. R. A. Lloyd, Hampton, Va.
II. All tfroxlU. J. C. AYR CO., LjwjJI, J
Mrs. G. W. Miller. 30 N. First street,
Minneapolis, Minn., writes:
"Peruna Ia a blesslnc to women. There
J If no greater strain on the nerves of a
, woman than the never-ending cares of t-
household. When things go wrong, din.
. ner Is burned and children cry. It Is not
! so easy to look pleasant, but when sick
; ncss In the family adds to the burden It
becomes very heavy- I have found Pe
runa my very best friend under these dir-
flculties. When my children were sick it
I cured them and when I became over
1 taxed and weary Peruna restored mc,
. and If any one In my household caught
cold a few doeos of Peruna adminis
tered at once prevented unpleasant re
sults. If every wife and mother would
have a bottle of Peruna In her medicine
! chest, life's burdens would be much easier
to carry-" Mre. G. W. Miller.
The clnb wornnn and the hone
wife Join In prnl.nlnpr Pcrnna. The
reason for thin In beennxe both these
clnsxes nrc alike snbject to catnrrh.
and ciiturrhnl dixeagc.i.
Catarrh Is everywhere. No class of peo
ple are exempt from Its Insidious ravages.
It enters the palace and hovel with equal
facility. It attacks men and women with
like ferocity and frequency. Strong men
and fair women are among Its victims.
Thus it la we find Peruna, the catarrh
remedv. evervwher Tho nntier r!r.5cs
I use it; the lower classes cannot do yrlth-
out It, and the middle classes praise it.
At this time of the year, when the Win
ter begins to approach with its chill blasts
and bltinjr frosts, every one should be
ae alert as possible to escape what seems
to be almost Inevitable In this climate,
catarrh.
The number of people who hnvs catarrh
of some form or other ever;' Winter U
millions.
Xoiv In the time to jret Fern a.
Now Is the time to set Pcrunu. ;nd it
should be taken as soon as the slightcsc
symptom of catching cold manifests it
Mlf. Many people do not seem to understand
that a cold is acute cntirrh; ih t catch
ing cold te simply catching catarrh. An
old cold Is chronic catarrh. Catarrh is
liable to settle anywhere in the system.
While it Is true that Peruna cures ca
tarrh wherever located, yet It Is advis
able for every one to use Peruna as a
preventive, and not wait until catarrh
has fastened itself in come part of the
system.
Miss Sara McGahan, 197 Third Street,
Albany, N Y., writes:
"A few months ago I suffered with a
severe attack of Influenza which nothing
seemed to relieve. My hearing became
bad, my eyes became Irritated and fever
ish. Nothing seemed right, and nothing
I ate tasted good.
"I do not know what it Is made of. but
I know It Is a wonderful medicine to
drive away e!ckness and restore you to
health. Within two weeks I waa per
fectly well, and now when any of my
friends are sick I advise them to take
Peruna." Sara McGahan.
If you do not derive prompt and satis
factory results from the use of Peruna.
write at once to Dr. Hartman. giving a
full statement of your case, and he will
be pleased to give you his valuable advice
gratis.
Address Dr. Hartman. President of The
Hartman Sanitarium, Columbus, O.
the presiding member differs ffom the
opinion of the majority of the court, the
opinion of the majority is approved," and
that in place he substitute and approvo
the declaration of Admiral Dewey on
these points above referred to, connected
with the passage from Key West to Clen
fuegos and thence to Santiago. The peti
tion concludes:
"And your petitioner most respectfully
states that onlyby the action for which
he prays In this relation can exact justice
be done him within the contemplation of
the precept under which the said court sat
and whence It derived its authority.
"All of which Is most respectfully sub
mitted." "Will Investigate It.
DES MOINES, la.. Jan. 29. The reso
lution for the Investigation of the causes
leading to the explosion at Lost Creek
mine, bv which 22 miners were killed,
passed the House today by a vote of 54
to 40.
What are frmttnorsv
They arc vitiated or morbid fluids cours
ing the veins and affecting the tissues.
They are commonly due to defective diges
tion but sometimes Inherited.
IIow do they manifest themselves?
In many forms of cutaneous eruption,
salt rheum or eczema, pimples and bol!',
and in weakness, languor and general
debility.
How are they expelled?
By
which also builds up the system that has
suffered from them.
It is the best of all medicines for all
humors.
Instead of using tea or
alcoholic driiiks as a stim
ulant when fatigued.
! chilled Or depressed, take
nllRrf er teasnOOnful OI
a qP xeaspoomut ox
Company's
EXTRACT 0F Beef, put in a cup or
, 7 rTuiT j. -JU -., ;-
gUUiS, UlX UJJ IW-U HUU nuiyj. uuu kujj
it. It gives real strength without
exciting the nerves. Better than tea,
coffee or any kind of liquor.
SICK HEADACHE
-J"- Xxa,4XV-iaAl
Positively cired by these
Little Pills.
They also relieve Distress from Dyspep
sia. Indigestion and Too Hearty Sating.
A perfect remedy for Dizziness, Nausea,
Drowsiness. Bad Taste In the Mouth.
Coated Tongue. Pain in the Side. TOR
PID LIVER. They Regulate the Bow
els. Purely Vegetable.
Small Pill. Small Dose
Small Plica,