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THE MORNING NEWS.
Established 1650. - Incorporated 18*$
3. H. HSTILL, President
BOERS GET ONLY SYMPATHY.
administration has declined to
INTERFERE.
Boer Envoy* Were Given a Hcnrlntf
by Secretary Hay After Which lie
Il.ueil n Statement of the Henson*
Why Tills Government Can Do
Nothin*; to Stop the War —Shown
That Nothin*; Could Be Done Under
The Hague Treaty.
Washington, May 21.—The stole depart
ment has met the issue raised by the
coming to Washington of the Boer dele
gation by declining to interfere in behalf
of the South African republics in the pres
ent struggle.
In view of this announced decision nil
questions ae to the character of the recog
nition to be extended to the delegates,
and the sufficiency of their credentials,
dropped at once into the background.
It was, after all, of little moment wheth
er or not the Boers were re
ceived as diplomat*:: agents or
ministers, 'so long as they wete
powerless to promote the prime object of
their mission, namely, cause the United
States government to Interfere to bring
eliout peace.
The meeting between the delegates at and
Secretary Hay was brought about In the
simplest manner. Gen. O Belrne, had se
cured from the department last Saturday
a promise to entertain any credential.! thit
might be presented to-day. This morning
a note came to the state department fiom
the delegates asking that they be permitted
to present themselvs at the department. A
prompt acquiescence was returned by Sec
retary Hay and at the hour fixed, 2:30
o’clock, the three delegates appeared and
were at once showed Into the diplomatic
room. Secretary Hay, accompanied by
Mr. Babcock, his private secretary and
stenographer, entered the diplomatic room
and cordially greeted his visiters.
Just what passed betweeft them ptobably
will never be exactly known, for when the
meeting was over, after lasting an hour,
the Boers In departing stated to a number
of anxious newspaper men that they had
and would have nothing to say as to what
happened.
Secretary Hay's Reply.
For his part the Secretary of State was
more communicative, but before making
any statement, made his way to the White
House and consulted the President. Then
he gave out, through his secretary, the
following statement:
"Messrs. A. Fischer, C. H. Wessels and
Mr. A. D. W. Wo! mar ans, the delegates
In this country of the South Afrl an re
publics, called to-day try appointment at
the state department. They were cordially
received and remained with the Secretary
of State for mote than an hour. They
laid before the Secretary at much length
and with great energy and eloquence the
merits of the controversy in South Africa
and the desire of the Boer republics that
the United States should intervene in the
Interest of peace and use its influence to
that end with the British government,''
The Secretary of State made the follow
ing reply:
“The President, In his message to the
Congress, last December, said: ’This gov
ernment has maintained an attitude of
neutrality in the unfortunate contest be
tween Great Britain and the Boer states
of Africa. We have remained falhful
to the precept of avoiding entangling al
liances as r affairs not of our direct con
cern Had circumstances suggested that
the parties to the quarrel would have
welcomed any kindly expression of the
hope of the American people that war
might be averted, good offices would havo
been gladly tendered.’
Step* Already Ttikeu.
"As the war went on, the President,
while regretting the suffering and sacri
fices endured by both of th" combat.mis,
could do nothing but preserve strict neu
trality between them. This he has stcal
lly and consistently dene, but there nev.r
has been a moment when he would have
neglected any favorable occasion to use
his good offices In the interests of peace.”
The secretary’s answer here reviews thd
request for intervention made through
Consul Hay and the other steps her to
foro announced, ending with Lord Solts
bttrj's answer to our representations say
ing that Her Majesty’s government, c. uld
rot accept the intervention of any Power,
which communication was lmmediat ly
transmitted to the President of the South
African republic through cur consul. So
1 r as we are Informed, the United S ates
"'as the only government in the world of
ali those approached by the South African
•’■■publics which tendered bs >;ood offices to
either of the combatants in the Interest
of a cessation of hostilities.
Treaty of the Hague,
"As allusion has been made to The
Hague convention, and ns action has been
suggested based upon that Instrument, it
l,e ns well to quote a phrase from
~’|I e which states:
' ‘Powers stranger to the dispute mav
have the right to offer good advices or
tnediation even during the course of hos
••Htles,’ and Article V, which says, ’The
functions of the mediator are at an end
when once it is declared by either of
the parties to the dispute or by the me
uijp'.-r himself that the means of recon
ciliation proposed by him are not accept
£'• This would seem to render any fur
’/" r action of the United States unad
lln<ler existing circumstances.
, ..hr s:ep taken by the President In
' ' °arnef t desire to see an end to the
•fife which has caused so much suffer
may already be said to have gone
e the extreme limit permitted to him.
r.'.'i and, if t n t,is discretion, he had chosen
, ot *° Present to England the South Aft'l
• ‘ti request for good offices, he might
,® v ® Justified his action by referring to
following declaration which was
i n very act of signing The
uiviie convention by the plenipotentiaries
r the United States:
Nothing contained In this convention
he so donstrued as lo require the
ni o’. States of America to depart from
* traditional policy of not Intruding
'''h' Interfering with or entangling Itself
, , 1 'ldeations of jiollcy or Internal ad
nl“,rtlon of any foreign state; nor shall
'lining contained In the said convention
~ < ' ( jnslrued to Imply a rellngulshment by
. 1 nlted States of America of its tra
‘ n <1 attitude toward purely American
< J u "Rtions.’
riu> President's Sympathy.
tt 1 if President sympathizes heartily In
U ’tneere desire of all the people of the
nfl l States, that the war which Is now
of hi * ®° ul h Africa may, for the sake
elfsJ. 1 . \ bartleF engaged, come to a speedy
.. ’'■ hut, having done his full duty in
ttt. k* n f 'trlc , tly neutral position be
'hem and In seizing the first oppor
-1 y lllat presented Itself for tendering
fpjie JMtffttutfl fbta
his good offices in the interests of pence,
he feels that, in the present circumstances
no course Is open to him except to per
sist in the policy of impartial neutrality.
To deviate from this would be contrary
to all our traditions and all our national
Interests and would lead to consequences
which neither the President nor the people
of the United States could regard with
favor.”
Lord Pauncefote called at the state de
partment while the Boers were consulting
with Secretary Hay. He was shown into
the diplomatic room and there displaced
Gen. O’Bierne, who also had been walling
to see Secretary Hay. The ambassador
was not kept long, for In the course of
live minutes the Boers left, and ha was
admitted to see the Secretary.
The Boer representatives will be received
by the President at the 'White House at
10 o’clock to-morrow morning. Their visit
to the executive mansion was arranged
for them by Secretary Hay during thiir
call at the state department this after
noon. The call, it is understood, wi 1 be en
tirely unofficial in character, as the en
voys have not yet presented to the officials
here the credentials with which they ore
nccredited. Nor do they state positively
just when .these credentials are to be laid
before this government.
A LEAVED WITH SATISFACTION.
London Comments on American An
swer to Iloer Envoys.
London, May 22,—The reply of the Wash
ington government to the Boer peace en
voys satisfies Great Britain and corre
sponds with the predictions made here.
The Standard says:
“It ts the only correct. Indeed the only
possible, line for the Washington au
thorities to take, for they know perfect
ly well that America has not a shred of
concern in the Africa quarrel, which we
Intend to dispose of ourselves without
assistance from any outside parties what
ever. The last diplomatic hope of the
Boers has been defeated by the answer
of the United Slates.”
The Times says:
‘M’eanwhlle the moral of what has been
happening during the last three months
Is dearly visible both In South Africa
and out of It. The silence of the conti
nental papers tell the same story in an
other way. The failure of the Boer en
voys to produce a serious impression In
the United States even during a presi
dential campaign is complete. The United
States Srna e rejected a proposal to ad
mit them, and, moreover, Mr. Hay assur
ed them that while the United States de
sires peace, he is hound to adhere to the
policy of impartial neutrality.”
ARRESTED AND BBI^ASED.
Gov. Mount Would Wot Grant Requi
sition for Finley.
Indianapolis, May 21.—Charles S. Finley,
former Secretary of State of the state of
Kentucky, was under arrest and detained
ut police headquarters for about two hours
to-night, and was then release*! on Gov.
Mount's refusal to honor a requisition from
Gov. Beckham for his return to Kentucky
for trial, on the charge of complicity in
the murder of William Goebel.
The requisition papers were issued by
Gov. Beckham of Kentucky upon the re
ceipts of the news of the decision of Ihe
Supreme Court of the United States. They
were entrusted to the care of Z. T. Thom
asson, a police ofijeer of Frankfort, who
reached the city at 5 o'clock this etfecinf
and, in company with Detective Holtz,
waited upon the Governor.
The official papers borne by Officer
Thomassor. consisted of the requisition,
which bore the official seal o" the state
and were ail in regular form; the affidavits
signed by the 'prosecuting attorney of
Franklin county, Kentucky, charging
Finley with being accessory before the
fact to the willful jnurder of 'William
Goebel.
Gov. Mount's refusal to honor the requi
sition was written on the back of the
requisition proper, and was as follows:
“The within application for the extradi
tion of Charles Finley is hereby refused,
this 2!.*t day of May, 1D00.”
When Gov. Mount was handed the requi
sition he risked to be shown the Indict
ment. The Governor said emphatically:
“I shail not honor this requisition.'’
“When the proper time comes X will
give an explanation for my refusal which
will be satisfactory to any fair-minded
person.”
“Do you recognize Mr. Beckham as
Governor of Kentucky?" he was asked.
“Yes, I do; since the Supreme Court de
cision to-day. But I acted on this case
on its merits alone.”
Gov. Taylor of Kentucky arrived here
this afterneon at 6 o’clock and got off
at some distance from the station. He
cannot be located, and It is believed that
he and Finley met at midnight.
RUSSIA'S KOREAN STATION.
Will Be Governed by the Treaties
Now Existing There.
London, May 21.—1n the Xlouse of Com
mons to-day the parliamentary secretary
of the foreign office, Mr. Broderick, an
swering questions on the subject, said that
the British government understood that
Russia had leased a site for a coal depot
and naval hospital at the treaty port of
Masampho, in Korea.
This port, he added, was open to all
navigators of all countries and the land
ing and storage of supplies for the Rus
sian fleet within the site just acquired is
to lx? governed by the existing treaties
there. Therefore, no exclusive right was
ceded to the Russian government and the
treaty rights conceded to British subjects
were not to be limited by the arrange
ments recently arrived at.
Mr. Broderick concluded that as the
government had not yet obtained posses
sion of the text of the agreement, it could
not say whether the action of Russia was
in accordance with her explicit pledges
not to acquire any territory whatever in
Korea.
LOUISIANA'S SENATORS.
Senator WcF.nevy nn4 Gov. Foster to
- Re Elected To-day.
New Orleans. May 21.—The Democratic
caucus at Baton Rouge this afternoon
unanimously decided upon Senator 9. D.
McEnery and Gov. Murphy J. Foster as
candidates for the United States Senate.
They will be formally and unanimously
elected to-morrow, as the Legislature is
solidly Democratic.
SAVANNAH. GA.. TUESDAY. MAY 22, 1900.
BOER RESOLUTION DEFEATED.
ENVOIS NOT GRANTED PRIVILEGES
OF SENATE FLOOR.
Allen'* Resolution Tabled on the
Motion of Davis IMio Opposed It
’ Vigorously Said the President
Should Act First—Postofliee Hill
Pn*xcd With Pneumatic Tube
Amendment Senate Refused to
Consider Canal Dill.
Washington, May 21.—A pyrotechnic
discussion of the status of the Boer com
missioners now in Washington was pre
cipitated in the Senate to-day by a reso
lution offered by Mr. Allen, Populist of
Nebraska, extending to the commission
ers the privileges of the floor of the Sen
ate during their sojpurn in the national
capital.
The resolution was defeated by a vote
of 36 to 21, but not until after a sharp con
troversy between its author and Mr. Da
vis. chairman of the Committee on For
eign Relations.
Mr. Allen maintained that the resolution
was in line with precedents, while Mr.
Davis contended that, in the peculiar cir
cums ances, the Senate ought not to take
any action that might be considered a
recognition of Boer diplomats until the
President, who alone had the power to
receive diplomatic representatives, had
taken action.
The postoffice appropriation bill was
passed finally, the amendment to appro
priate $235,000 to carry out existing con
tracts for the pneumatic tube service be
ing agreed to.
An effort was made by Mr. Morgan to
displace the Spooner Philippine bill with
the Nicaragua canal bill s the unfinished
business, but it failed by a vote of 21 to 28.
The Morgan resolution directing an in
vestigation by his Inter-Oceanic Canal
Committee looking to ascertaining wheth r
there is any co-operation cr ergan zati n
of individuals whose purpose is the ob
struction of tho United States in the con
struction of an isthmian canal and for oth
er purposes was adopted.
The resolution relating to the Montana
senatorial case went over until ne.t
Thursday.
Mr. Sullivan of Mississippi offered a res
olution directing the Secretary of the
Treasury to inform the Senate whether
volunteer officers and men in the late war
with Spain were paid twice for the same
service. It was referred to the Committee
on Military Affairs.
Allen's liner Resolution.
The resolution offered on Saturday by
Mr. Allen, extending to Messrs Fischer,
Weasels and Wolmoranw, the Boer dele
gates flow in Washington, the privileges
of the floor of the Senate, was laid be
fore the Senate and Mr. Alien supported
it in on extended speech. He maintained
that it was the universal practice of the
Senate to extend to such visitors the
courtesies of the Senate. He cited as
precedents the Senate's recognition of
Charles Stewart Parnell years ago and
more recently of Lord Herschell and the
members of the Joint High Commission
from Canada, and sold our friendly of
fices and our natural sympathy was ail
that was sought in the present case.
Mr. Pettus and Mr. Davis, chairman of
the Foreign Relations Committee, po nt
ed out the constitutional provision Hint
ambassadors and ministers should be re
ceived by the President. Mr. Davis said
no foreign ambassador or minister to this
government is entitled to admission to
the floor. When the Canadian commis
sioners were received, he explained, no
siicn question was penning as that that
has brought these gentlemen here.
Mr. Alien explained the resolution does
not bind the 8 nate cr the government to
recognize (hem officially. Mr. Mason, sup
porting the resolution, argued that the
Senate olcne could determine w'ho should
be admitted to Its floor.
Hr. Davis said whether the South Af
rican Republics were independent coun
tries or not was the question, but that
It is a fact that the United States has
never rent diplomatic representatives to
them, nor have they attempted to send
diplomatic ri prosisVtallves here. Consuls
were no" dip omutle officers.
"It Is r.o part of the functions of either
branch of Congress,” he said, "to attempt
to decide, o’ e way or the other, on the
diplomatic character of such agents or
whether they shall bo rccelv and as such or
not. That is purely an executive func
tion.”
Dhtlh Shut Off Debate.
After reading the resolution to show
that It recognized the delegates as com
missioners. Mr. Davis said he felt bound
to say that these delegates have pro
ceeded in a manner ent’rely Irregular ar.d
premature. Before they have been re
elved by the President they have appear
ed In public meetings and have s:atd
the object of their mission and that they
desire to gain ihe sympathy and good of
fice** of this government -end seek to cre
ate public opinion to influence the action
of (he government.
Mr. Davis cut off debate by moving to
lay the resolution on the table. The mo
tion was agreed to, 3t5 to 21, as follows:
Yeas—Alili-on, Baker, Bard, Btt rows,
Clark Of Wyoming. Davis, Fairbanks,
Foster, Gallinger, Gear, Hanna, Hans
brough, Hawley, Hoar, Kean, Kvle,
Lindsay, Lodge, Mcßride, MeComas, Mc-
Millan, Morgan, Nelson, Penrose, Perkins,
Peitus, Platt of Connecticut, Platt of
New York. Quarles, Ross, Scott, Sewell,
Sboup, Stewart. Thurston, Wolcott—3B.
Nays—Allen, Bacon, Bate, Berry, But
ler, Caffery, Clay, Cockrell, Daniel, Har
ris, Heltfeld, Jones of Arkansas. Ken
ney, Mason, Money, Pettigrew, Rawlins,
Teller, Tillman, Vest, Wellington—2l.
Consideration of the postoffice appropri
ation bill was resumed, but Mr. Tillman
announced thot he proposed to speak on
the Boer question. He recalled In sar
castic vein the reception of Kossuth, not
only by the Senate and people of the
Untied States, but also by the people of
Great Britain, and he then declared the
voting down of the resolution was “a
cowardly truckling to British influence.”
Mr. Hoar characterized the Boer strug
gle as the best fighting done on this planet
since Thermopylae, and no fighting has
been done In a holler cauae. But this is
a diplomatic mlaalon, he added, and ho
therefore opposed the resolution.
Pustolllee Bill Passed.
The amendment of Mr. Lodge to the
postoffi.ee appropriation hill wa3 agreed
to, 28 to 20. It appropriates $225,009 to carry
out existing contracts; for the pneumatic
tube service, th service not to be ex
tended until Congress ha* taken further
action.
Mr. Wolcott then offered a committee
amendment directing the Fostmasier Gen
eral to make an Jnveatlgation for the
pneumatic tube service and report to Con
gress whether it would be advisable to
continue the service as at present, dis
continue it, or have it acquired by the
government. The amendment carried $lO,-
000 and was agreed to.
The bill as amended was reported to the
Senate. The bill was then passed.
Mr. Morgan moved to proceed to con
sider the Nicaragua canal bill; motion de
feated. 21 to £B, ns follows:
Yeas—Allen. flacon. Bard, Berry, But
ler, Clay, Culberson, Foster, Harris, Haw
ley, Heitfeld, Kyle. Mcßride. Mason,
Mcney, Morgan, Nelson, Pe:klns, Pettus,
Sullivan, Tillman—2l.
Nays—Allison, Burrows. Caffery, Carter,
Chandler, Fairbanks, Gallinger, Gear,
Hanna, Hansbrough, Hoar, Kean, Lind
say, Lodge, McComas, McMillan Petti
grew Platt of Connecticut; Plait of New
York, Quarles. Ross, Scott, Sewa 1. Shoup,
Teller, Thurston, Vest, Wolcott—2B.
At 5:05 p. m. the Senate adjourned.
NAVAL STATION REMOVAL.
Gov. - Candler in Washington on
Business for the State.
Washington, May fi.—There was no de
velopments to-day in the fight over the
naval station removal. The naval appro
priation bill is in conference, and as Sen
ator Hale, chairman of the Senate Com
mittee, was out of the city, no action was
taken.
Congressman Brantley of the Eleventh
distrjet, who hips been ill from an attack
of chills and fever, was able to leave his
room to-day. ~v
Among the distinguished visitors on the
floor of the Senate and House to-day was
Gov. Condler of Georgia. The Goverr.o
will be In Washington several days. He
came primarily to look after some mat
ters in which the state Is Interested, espec
ially. some settlement of claims growing
out of the Spanish War,
Hon. Joe Reynolds of Augusta, the new
ly elected soli ltor general of the Augusta
circuit, spent a few hours in Washington
to-day, on his wny to Now York.
Sir, Lewis Congratulated.
Congressman Lewis of the Third district
put in an appearance at the House to-day,
for the first time since his victory In the
primaries, and ho was given a very hearty
reception on the Democratic side, Mr.
Lewis is very popular with his Democratic
associates, and they were all heartily glad
of h:s renomination- He has made an ex
cellent business member of Congress, and
his unfailing good nature aud courtesy
have won him very many friends. He was
congratulated on all sides over hts sp’end and
victory.
The Savannah delegation to the annual
gathering of Mystic Shriners, Messrs. E.
A. Cutts, J. C. Postell, W. E. Guerard and
C. C. Hanson, are here, stopping at the
Riggs. Mr. Hanson Is accompanied by
Mrs. Hanson.
Senator McLaurln of South Carolina was
able to be In his seat In {he Senate, to-day,
for the first time In several weeks. He has
been confined to h!s home by Illness, but Is
row much better.
EIGHT HOUR BILL PASSED.
House Also I’nsscil Rill Against Con
vict Made Goods.
Washington, May 21.—The House to
day, under suspension of the rules, park
ed two Important bills reported by the
Committee on Labor; one to extend the
eight-hour law to all laborers employed
under contract on government work and
the other to prohibit the Interstate traffio
In prison-made goods by bringing them
under the Jurisdiction of the police pow
ers of the state.
The former bill, passed by 151 to 24, is
designed to carry the law of 1592 to Its
logical conclusion. The convict labor bill
caused some sharp Inquiries from mem
bers from Southern staled, where prison
labor is employed In tho fields and In
the mines, but upon assurances that It
would not interfere with the production
of coal, cotton or lumber, the opposition
was not pressed.
Mr. Payne of New York, the floor lead
er cf the majority efferod a Joint resolu
tion for a sine die adjournment of Con
gress cn Wednesday, June 6. It was re
fe. red to the Ways and Means Commit
tee.
In discussion of ihe convict labor hill,
which finally passed without division, Mr.
Halley arked whv trust-made goods also
w-re not provide*! arainst. and Mr. Gard
n. r later refused <o a c’pt an amendment
Including them, whereupon Mr. Lentz,
Democrat of Ohio, ar,signed the other
side on the trust Issue
Conference re-orts cn the fortifications
and agtlcul ural Sppr, pria lon bills were
adopted, but the army appropriation bill
was r. turned to conference. At 5 i>. m.
the House adjourned.
DECISION WAS REVERSED.
Motes the Only One of Ills Gang Who
Will Serve for Life.
Washington, May 21.—1n the United
States Supreme Court to-day Justice Har
lan handed down the decision In the casd
of the Columbus Winchester Motes and
others, charged with the murder of W. A.
Thompson In Alabama, because he had
given information concerning their opera
tions as moonshiners.
The men we're all sentenced to life* im
prisonment, but the opinion handed down
to-day reversed the decision with refer
ence to all of them except Motes on the
ground that an affidavit by one of the
gang who had turnod state’s evidence was
admitted when this court held that Taylcr
himself should have been produced as a
witness. >■
The verdict with reference to Mot’is was
confirmed because he had sworn that
he and Taylor were alone responsible fer
Thompson's murder. Having confessed his
own guilt Motes could not be given the
benefit of the decision In the other cases
even though Taylor’s affidavit had borne
upon his case as well as upon the other
cases.
Must Suppress the Boxers.
London. May 22.—The Pekin correspond
ent of the Times, telegraphing Monday,
says:
“The diplomatic body to-day addressed
a convention Joint note to the Tsung LI
Yamen calling upon the government to
suppress the ''Boxers” and the anti-for
elgn propaganda which has assumed se
rious proportions. The note was firm but
not menacing.”
McGovern Ve. MeClpskey.
Philadelphia, Moy 21.—At the Pennsyl
vania Athletic Club to-night Terry Mc-
Govern and Elwood MoCloskey sparred
six hot rounds. McGovern could not
knock his man out.
BECKHAM IS NOW GOVERNOR.
SIPKEHE COURT'S DECISION IS
AGAINST TAYLOR.
Conrt Declared It Had No Jurisdic
tion in tlic Kentucky Case—Source
of Appeal From Legislature Is to
the People—Public Office Declared
Not to Be Property—Justice liar*
lan Delivers n Vigorous Dissent
ing Opinion.
Washington, May 21.—The United States
Supremo Court to-day decided the Ken
tucky governorship case In favor of Gov.
Bcdkham, the Democrat, in both the quo
warranto and the equity proceedings. For
want or Jurisdiction the court dismissed
the writ of error from the Kentucky
Court of Appeals.
The opinion was handed down by Chief
Justice Fuller, and a vigorous dissenting
opinion was delivered by Justice Harlan,
tho only one to advocate reversal of the
Kentucky court’s decision. Justices
Brewer, Brown and McKenna also dis
sented from portions of the opinion.
In dismissing the writ of error the
chief Justice said the court should be the
last to overstep the bounds limiting its
own jurisdiction, and that in the deter
mination of erases of this character, con
tests for state office must neoessarlly be
settled by the political branch of the gov
ernment. That branch had acted in the
Kentucky case when the General Assem
bly took Jurisdiction. There was no ap
peal from the assembly's decision, which
was favorable to Goebel and Beckham, ex
cept to the tribunal of the people, which
tribunal the chief Justice said, was al
ways in session.
He also sail the case was purely a state
case—that Kentucky was in the full pos
session of Its facultirs as a member of
tho Union and that there was no emergen
cy at this time calling for interference
of the gneral government to enforce con
stitutional guarantees or to put down
and mes'tle violence.
"For mere than one hundred years the
constitution of Kentucky haa provided
that contested elections for Governor and
lieutenant governor ahall be determined
by the general assmhly.
'The highest court of the state has of
ten held and in the present case has again
declared that under their constitutional
provisions the power of the general as
sembly to determine the result is exclu
s.ve, and that its decision Is not open to
Judicial review. Many of the states have
s rrliar constitutional provisions and simi
lar statutes.
“We do not understand this statute to be
objected to as in any manner obnoxious to
constitutional provision, bui that plaintiff
in error complains of the action of tile
General Assembly under the statute and
tho Judgment of the slate courts declining
to disturb that action.”
Public Office Not Property.
The chief Justice quoted numerous decis
ions holding that public offices are nv re
agenelea or trusts and not property os
such, nor are the salaries cr emoluments
property secured by contract, but compen
sation for services actually rendered.
"In short,” he said, "the nature of the
relation of a rubll- officer to the public
is gener lly speaking inconsistent with
elth r a property or a contract right.
“The Court of App a s not only held
that tho office cf Governor or of lieuten
ant givernrr was not properly under the
constitution of Kentucky, but moreover,
that couit was of the opinion that the
drolslm of th'eo con est-d eletLns did
not deprive plaintiffs In error cl any pre
rxls ing right. Our systsm of elections
was rnltncwn to the common law and
tho whtle subject Is regulated by consti
tutions snd statutes ptssed thereunder.
"It is clsar that the JuJgment of the
Gourt cf Appeals In declining to go be
hind the tribunal ve'ted b~ the state con
s'll utlcn and laws wl:h tho ultimate de
termination of the right to there offices,
denied no right secured by the fourteenth
amendment.”
After quoting sectlcn 4, article 14, of the
constitution, lr> which the United States
guarantees to ever state a republican form
of government, etc., the court says it was
long since settled that the enforcement of
this guarantee belonged to the political
department.
"We must decline to take Jurisdiction in
the ground of deprivation of rights em
braoe<t by the fourtrenth amendment,
without due process of law, or of the viola
tion of Ihe guarantee of republl-an (orm
of government by reason of similar depri
vation. The wilt of error Is dismissal.’
A similar order was entered In the In
junction case between tho same parties.
The Dissenting; Opinions.
There were three dissenting opinions.
JustliAs MoKenna was the first of the dis
senters to be heard. Ho stated that while
he concurred In the result he was not pre
pared to say that a public office was not
property.
Justice Brewer also based his dissent on
the point of office a* property. He also
held the view that the United Stales courts
were not without Jurisdiction, hut con
tended that the decision of the Kentucky
court should bo affirmed Instead of dis
missing the writ of error. He says the
prescribed procedure was followed in
awarding the dontestants the offices, and
that he did not Ignore the many allega
tions of wrong, such as that the selection
of the committee was not by lot, but was
a trick on the part of the clerk of the
assembly.
Justice Bre.wer said no question could
be raised In the courts as to honesty or
integrity of the members of the Legisla
ture in the discharge of their duties. That
lies between them and their constituents.
In conclusion. Justice Brewer agrees
with the Court of Appeals of Kentucky
that upon the award of the assembly no
other Judgment can be entered that# that
which sustains tt.
Justice Harlan's Tltws.
Justice Harlan, In his dissenting opinion,
quotes various authorities and says that
notwithstanding them the decision to-day
is that this court has no Jurisdiction to
Inquire whether the citizens had been de
prived, without due process of law, of an
office held by him under the constitution
and laws of his state. If the contest be
tween tho one holding the office and the
person seeking to hold It is determinable
by the Legislature, In a prescribed mole,
this court, It appears, cannot In
quire whether that mode was pursued,
and cannot Interfere for the protection
of the Incumbent, even If the final action
of the Legislature was confessedly ca
pricious and arbitrary, inconsistent with
the recognized principles that belong to
due process of lsw, and not based, In
any degree, on the evidence taken In the
(Continued on Seventh Page.)
MO VINE ON JOHANNESBURG.
Some Details of the llerrnt Relief of
Mafeking.
London, May 22, 3:55 a. m.—British
horsemen, according to a dispatch from
Lorenzo Marquez, are now close to the
Vaal river, within forty mllsu of Johan
nesburg.
The migration from Pretoria has be
gun. Women and children are being
sent In trains to Machadadorp on the
way to Lydenburg. Trains are arriving
at Lorenzo Marquez filled with passen
gers, among whom are many Germans,
bound for Europe.
A correspondent with Gen. Hunter tele
graphs os follows from Fourteen Streams:
"Col. Mahon's relieving column left
Barkley West under secret orders May
4 and reached Vryburg May 11. The
Boers marched on the right llank of the
British, and a strange race followed, Ma
hon pressing toward Mafeklng with the
utmost speed consistent with keeping the
force In condition and the Boers hurry
ing parallel in an effort to pass him and
to throw themselves across his i>ath.
“The Boers succeeded. Mahon then
turned west during the night. The
Boers followed, overtook and attacked
him In the bush, but were beaten off.”
Tnen, Mahon rind Plainer united forces
at Jan Massabl May 15. and Mafeklng was
relieved three days Inter. Gen. Hunter
Is credited with devising and guiding the
relief.
THE FIGHTING AT iMAFEKING.
Hoers Pursued Wnlion's Force and
Endeavored to Stop It.
London. May 21, 4:M p. m.—The war of
fice has received the following dispatch
from Lord Roberts:
‘ Krconstad, May 21.—Mahon, (Col. B.
T. Mahon) reports having joined Plumer
at Jan Massabl,May 15. He was followed by
a Boer commando from Marltzanl Siding
and turned westward to avoid it. May 13
ho was attacked In the thick bush, losing
fire m<n killed, two missing and twenty
four wounded, Including a Daily Mail cor
respondent, Hands, dangerously. The
Boers list more than Mahon In killed and
wounded.
"Another report has b-en received from
Baden-Powell, dated May 13, giving Im
portant news. Before dawn, May 13, a
storming party 250 strong, personally led
by Eloff, rushed the pickets and reached
the siaat and protectorate camp from tha
westward along the Mnloppo valley, a
strong musketry demonstration being
made at the same time along the eastern
front of our position. Our Western posts
closed in and stopped the Boer supports
following, thus cutting off Eloff s retreat,
while the town defenses stopped his fur
ther advance. His force got divided In the
darkness and a strong party was placed
between them, completely surrounding
Ih m. Fighting continued all day long.
"Early after nightfall two parties sur
rendered, and the other was driven out
of the staat under a heavy fire. Ten dead
and nineteen wounded of the enemy were
left behind, and 10S prisoners were taken,
lnoludlng ElofT and nine officer*. Seventeen
Frenchmen and many Germans were
among the prisoners. Our losses were six
men killed and two officers and nine men
wounded."
NO MESSAGE FROM KRUGER.
He Has Not Asked Lord Salisbury
for Peace Terms.
I/ondon, May 21.—The Associated Press
is able to say that no message from Pres
ident Kruger, direct or indirect, has re
cently been rcce’ved by Te?rd Salisbury or
by any department of the British govern
ment, nor, it may lie added, is any com
munication from him dealing with the
quest on of th ce-satien of hostilities ex
pected ly them in the immediate future.
The proximity of peace, according to the
government r> Int of view will remain a
matter of military progress. How soon
the latter may bring about the former is
still too suppositious for a serious fore
cast on the part of any government of
ficial. The consensus of opinion as glean
ed by thn Associated Pr>ss at the govern
ment offices is that the Boer delegates
will exhaust every effort in the United
States before President Kruger sues di
rectly, though Lord Salisbury himself
dees not believe that the delegates will
accomplish much in America.
It is announced that Col. Baden-Powell
will be made a major general.
Mafeklng was actually relieved by Col.
T. B. Mahon, who served in tho Dongola
and Nile expeditions with Gen. Kitchener.
A dispatch from Kroonstad dated Sun
day, May 20, says a British convoy on
its way to I.indley was attacked by Ihe
Boers and obliged to halt. The result Is
unknown.
RAILROADS BADLY DAMAGED.
t
Duller Reports Ills Advance Will Be
Delayed gome Days,
London, May 21, 2 p. m.—The war of
fleo has received tho following message
from Lord Roberts:
“Kroonstad, May 21. Duller reports that
his advance will be delayed for a few
days on account of the way in which the
railroad has been destroyed.
"Rundle reports that Ladybrand has
been occupied.
“Hunter is pushing up the railway with
supplies for the Mafeklng garrison and Is
arranging a hospital train for the convey
ance of the sick and wounded to Kimber
ley.
"Methuen has left Hoopetad to co-op
erate with this force.”
AND STILL THEY COME.
Chamberlain, Too, Hears That Mnfr
kliiK Is Relieved.
London. May 21, 2:20 p. m.—The follow
ing dispatch from Sir Alfred Milner, the
P.ritlsh high commissioner in South Af
rica, to the Secretary of State for the
ColonWc, Mr. Joseph Chamberlain, was re
ceived at 1:20 p. m. to-day:
"Barton telegraphs from Tlunf&s that
Mafeklng was relieved May 17.
"The relieving column was a composite
force under Col. Mahon of about 2,200
men. Milner.”
LAST DAYS OF THE SIEGE.
Lady Sarah Wilson Says That llrnnn
Wns a Great Sneeess,
London, May 22.—Lady Sarah Wilson In
a dispatch from Mafeklng, May 11, gives
Continued OQ Fifth Page.
DAILY, $8 A YEA*
i CENTS A COPY.
WEKKLV 3-TIMES-A-WEEK.iI A TEAS
BRISTOW HAS TAKEN CHARGE.
RATHBONE SUSPENDED AS DIREC*
TOR OF CUBAN I*O STS.
He I* Charged With Many Acta ofl
Criminal Negligence la Connection
Willi tlic Postal Fronds—Reevca
Made Charges Reflecting Upon
Rnlhlionr—Latter Will Not Ro Als
lowed to leave the Island—'lll*
Order Relieving Ilim.
Havana. May 21.—Fourth Assistant
Postmaster General Bristow to-day took
over the direction of the postal affairs of
the island, relieving Estes G. Rathbone.
director of posts, who was suspended Sat*
ur.iay, although formal announcement oo*
curred only to-day. I
Suspension had been generally expece ed
as the charges against Mr. Rathbone of
acts of criminal negligence have been mul*
tiplying dally. It Is asserted that he iiafl
not shown any Indications of a desire to
have official! records kept,and that he had
improperly indorsed expenses accounts, hla
own and Neely’s to a surprising degree. |
During (he Investigations now in prog*
ress Mr. Rathbone will not be allowed td
leave the island. It is reported that W.
H. Roeves, In his confession, modi
charges that reflect seriously upon Mi*
Rathbone’s honesty.
Mr. Bristow and the inspectors have
found nothing but chaos throughout the
entire department. Oflen no records were
kept for days at a time, and to get a
thorough Insight calls for the servlcee
of every Inspector now here. A consld*
erablo time must elapse before the facte
of the case will be known. Indeed, it le
doubtful if the muddle will ever be en
tirely cleared up. Every letter received
must be gone through and every transac
tion carefully recorded.
Mr. Bristow has asked Gen, Wood ta
appoint a disbursing officer for 4he pres
ent, ns he prefers an army man, not
knowing the men In the local office antj
not being able ta spare a single Inspec
tor, in view of tho enormous investiga
tion ahead of him.
Deputy Auditor Lawshe had Reeves un
der charge of special agents brought to
the office to-day to assist. It is said ho
furnished valuable Information.
I'lMtmoitrr General’# Order.
Washington, May a.-The Postmaste*
Geneial to-day Issued the following:
"Ordered: That Este* G. Rathbone be,
and tie is hereby suspended from the of
fice of director general of posts of Cuba;
that Joseph L. Bristow, fourth assistant
postmaster general, be and he is hereby;
appointed acting director general of pwts,
without other salary than that of fourth
assistant postmaster general; that all re
cords. books, papers, supplies and other
properties of the department of posts of
Cuba shall be Immediately delivered to
the custody of the acting director general
of posts hereby appointed.
Charles Emory Smith,
"Postmaster General.”
FERDINAND'S ENGAGEMENT.
Why It Is Opposed by the Emperod
Frnneia Joseph.
Berlin, May 21.—From a gentleman who
secretly conversed at some length with
the imperial chancellor, Prince Hohesv
lohe, the following statement was receiv
ed to-day by the correspondent of the As
sociated Press:
"Prince Hohenlohe said that Francis
Joseph would not use his dynastic rights
against tho Austrian heir presumptive.
Archduke Francis Ferdinand, to compel
him to give up his marriage project wlthl
Countess Sophia Chotek, but the case wor
ried the Emperor greatly, inasmuch ad
the children would not be entitled tto suc
ceed to the throne under Hapsburg housa
laws.
“The Emperor believes the archduka
would yield to his arguments against tha
union, but for the fart that the engage
ment was already made and that tha
Chotek family holds Ihe Archduke strict
ly to his promise, while he in turn con
siders that his honor is engaged.”
Prince Hohenlohe said there would not
be a commercial union with Austria, aa
the Interests of-Germany and Austria dif
fered too radically.
TROUBLE AMONG DEMOCRATS.
Seems to Bea State of Open Disrup
tion In Mississippi.
Jackson, Miss., May 21.—Chairman C. G.
Miller of the Democratic State Executive
Committee has positively refused to call
another meeting of Ihe committee for the
purpose of rescinding the call for a pri
mary to select National Convention dele
gatee, unless forced to do so by an ap
peal of a majority of the members.
His reply to Gov. Longlno's letter, writ
ten Saturday night, is to the effect that
ten of the seventy-five counties in the
stnte have refused to hold the primary
ordered by the committee. Six counties
have ordered the primary.
It seems that the party is In a state of
open disruption, and at present it Is im
possible to conjecture where the matter
will end. The County Executive Commit
tee of Lee county practically bolts thn
party by issuing a public address urging
that maas meetings be held In every coun
ty In the state on June 23 to select dele
gate* to a state convention to be held In
Jackson ffve doys following.
Powers Watching Turkey,
Lond-li. May 22.—Inert at* .1 disturbance*
in Macedonia and Albania, says a specal
dispatch from Vienna, have caused tha
ambassador of the Powers at Constan
tinople to dl*patch mi ltary representa
tives there to ascertain whether Turkey
has taken sufficient measures to prevent
disorders
Holy War Proclaimed,
London, May 22.—The Algiers corre
spondent of the Daily Mail says:
"There is little doubt that a holy'war
has been proclaimed in the extreme south
of Algeria and Morocco. Probably this is
the reason for the movement of tha
French troop*.
King Otto Nearing Dentil.
Munich, May 21.—The latest reports re
garding the condition of the demented
King Otto of Bavaria are that par
alyzed end unable to move, speak‘or eat.
His death Is hourly expected.