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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.