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Before the Courts

The pro

much less to express an opinion as to the controversy, to which there has been some merits of the case. It is quite certain, effort to give a sectional aspect, will dehowever, that these charges are serious mand that the whole story be put before enough in character to demand thorough them clearly and intelligently, and that investigation in the interest of Admiral the Court of Inquiry distribute praise and Schley's own reputation and in the interest blame fearlessly. Meanwhile newspapers of harmony in the service. If the inves- and individuals should refrain from hasty tigation had taken place a year or more conclusions and from attempting to take ago there would have been avoided the into their own hands the duty of weighheated and bitterly personal controversy ing evidence and finding a verdict prema

а which has been waged all these months in turely. tlie public press, and there would have been removed a disagreeable shadow from

The constitution

The “Grandfather" Clause the renown of one of the greatest of Ameri

ality of the Loucan naval achievements. The Court of

isiana Suffrage Inquiry now to be held will of necessity Law is to be tested. On July 10, David be final in its conclusions, because the J. Ryanes, a colored resident of New statutory time after alleged misconduct Orleans who cannot comply with the during which a court martial may be held educational or property qualifications of has already expired. The personnel of the Louisiana Constitution of 1898, made the court as constituted by Secretary Long's application to be registered as a voter, order meets with universal approval. and was refused registration. On July 12, Admiral Dewey will preside, and Rear- Mr. Armand Romaine, a lawyer of New Admiral Kimberley and Admiral Benham Orleans, acting as Ryanes's attorney, filed (both men of long experience, fine records, suit in the Civil District Court of the and deeply concerned for the honor of the parish of New Orleans, praying that a service) are the other members, and Cap writ of mandamus be issued obliging the tain Lemly, the Judge Advocate-General registrar to enroll this man. of the Navy, will act as Judge Advocate at ceedings preliminary to this case have the inquiry. Admiral Schley will, of course, been under way for some time, and the be represented by counsel. The“ precept” registrar knew when this man's applicato the Court of Inquiry directs an investi- tion was made and refused that the gation into all the matters involved in this application was made for the purpose of unhappy controversy, both in general lan- furnishing a base for a suit. The case guage and also in the specific statement has been undertaken and will be proseof more than a dozen distinct points, cov- cuted by the Afro-American Council, ering the conduct of the “flying squadron” whose headquarters are in Washington. at Cienfuegos; its voyage to Santiago ; its David J. Ryanes, the man who has been departure from Santiago admittedly con- selected as plaintiff, is a man sixty years trary to orders; the excuse or reason for of age who for the last thirty years has this relating to the coal supply; the ques- actually exercised his privileges as tion whether proper efforts were made to voter. He was a slave and the son of a destroy the Colon from May 27 to May slave. He has resided in New Orleans 31; the propriety of withdrawing the since 1860, in which year he was brought squadron to a distance from Santiago to that city from Tennessee. He can harbor at night; the conduct of the neither read nor write, nor does he pay Brooklyn under Schley's immediate com- taxes on $300 worth of property. The mand during the engagement of June 3, contention is made that while on this and particularly her turning, as it is account he is not allowed to register, a alleged by some, in such a way as to get white man in the same condition would out of the line of fire and endanger the be allowed so to do under the so-called Texas; the correspondence with Lieuten- “grandfather" clause of the Constituant Hodgson about the last-named inci- tion. The plaintiff has an excellent repudent in which Admiral Schley is alleged tation in New Orleans, has a family, is a to have striven to falsify the facts, and hard-working man, and is an elder in much else. The people of the country good standing in one of the leading who have not become involved in the colored Methodist churches of the city,


Mr. Armand Romaine, the lawyer who protected industries of manufacturing, has entered the case, is not a negro. He mining, and forestry contributed five hunis a native of New Orleans, a graduate dred million dollars' worth, showing that of Tulane University and Law School, in every department American producers and has been in practice in New Orleans can gain by free exchange with other for several years.

He informed our countries. The question “What becomes correspondent that he hoped to have the of the balances in our favor?" grows each case brought to trial during the next ten year more difficult to answer. Last year days or two weeks after its entry. As we sold to other countries seven hundred North Carolina has adopted practically million dollars' worth of goods more than the same plan as Louisiana for disfranchis- they sold to us, and yet only eleven ing negroes without disfranchising whites millions in gold was shipped us in paypossessing no greater qualifications, the re- ment. When we had only a balance sult of the present suit will determine the of three hundred millions to account for, validity of its disfranchisement clause as we used to assume that a third of it went well as that of Louisiana. The National to pay the interest on foreign investments Constitution, it will be recalled, forbids the here, another third to pay the expenses of disfranchisement of citizens because of American travelers abroad, and the balrace, color, or previous condition of serv- ance to pay the freight charges on our itude. The legal defense of the “grand- foreign shipments. When in 1898 the father” clause in the Louisiana and balance "in our favor” rose above five North Carolina Constitutions is that it hundred millions, we assumed that nearly does not disfranchise negroes because of half of it went to pay off our indebtedness their color, but enfranchises whites if their abroad. But we have now had four years family enjoyed the suffrage before it was of these enormous balances, and this year's given to negroes. Nominally Mr. Ryanes balance is greater than ever before. If was not disfranchised because of his color, we have already paid off so much it is but if the Court finds that in fact he was strange that our payments do not decrease. disfranchised on that account, it must One of our correspondents who studies hold that the Fifteenth Amendment to the Wall Street matters closely suggests that National Constitution has been violated. we have not been paying off our foreign

debt at the rate supposed, and asserts

that English holdings of our railroad, The already astounding manufacturing, mining, and land compaOur Exports $100 balance of trade "in our nies are as great now as ever and are per Family

favor” was increased by simply bringing a larger return to the another one hundred million dollars dur- foreign investors. If this be true, then ing the fiscal year just ended. Our im English optimists have a right to find ports were a trifle less than a year ago, or comfort in the fact that the balance of barely eight hundred millions, but our ex- trade " against ” England is even larger ports rose from fourteen hundred millions than the balance of trade "in our favor." to fifteen hundred, and now amount to The fact that she imports eight hundred one hundred dollars for every family in million dollars' worth of goods more than this country. In other words, the “aver- she exports is evidence of her enormous age American family ”—if such a thing income from her foreign investments. there be-sends abroad a hundred dollars' worth of products, pays the freight upon them, and sells them in foreign markets

The Postmaster-General for less than they can be produced for by

The New Postal

has very wisely taken the “pauper” labor there. And yet we

counsel with leading pubhave a tariff to protect American trusts lishers respecting the proposed postal from meeting foreign competition in our regulations affecting second-class mail own markets, where they would have no matter, and has issued an order which will ocean freights to pay, while their for- hereafter exclude from cheap mail matter all eign competitors would be handicapped pseudo-periodical publications, contining thereby. Our farmers, it is true, con- the privilege of cheap rates to such peritributed two-thirds of our exports, but the odicals as consist of current news or

Free Trade with

miscellaneous literary matter, and not that there is always folly on

one side including journals which are in effect gift and almost always folly on both sides. enterprises or advertising circulars. The In characterizing tariff wars the word new order will also prohibit the return of un- “almost” is hardly essential. sold copies of second-class periodicals at pound rates to news agents or publishers.

As anticipated by us last Porto Rico

week, President McKinley The new tariff sched

has issued his proclamaA Still Higher Tariff in Germany

ules proposed by the tion formally announcing the establish

German Ministry— ment of civil government in Porto Rico, and published last week in a pamphlet of and also proclaiming free trade between one hundred and sixty-seven pages-are the United States and that island. The as extreme in their way as the tariff sched- Outlook was among the journals which ules of Russia or the United States. They criticised President McKinley for silently differ, however, from the high tariff meas- retracting his message demanding free ures of these two countries in that they trade between Porto Rico and the United are chiefly to protect the farmers at the States and quietly exerting his personal expense of the cities, instead of aiming influence in favor of the passage of the chiefly to protect city industries at the Foraker Bill imposing a tariff cn Porto expense of the farmers. The heaviest Rican exports and imports. We still think increases made are upon agricultural prod- that President McKinley, having previously ucts, and, since Germany must still import announced to the country that he was in a part of her supplies, their price in Ger- favor of free trade, should have announced many is likely to increase almost as much bis change of view as publicly, if his view as the tariff is raised. Wheat and rye, for did change. But it must also be said that example, have heretofore been taxed about by his acquiescence he has won a victory one mark (24 cents) a bushel ; hereafter, over the extreme protection faction in his according to the new schedules, the taxes party which he probably could not have will range from a minimum of a mark and won by directly antagonizing that faction, a half to a maximum of nearly two marks. and has kept his party together and at “ The minimum figures,” says the de- the same time secured absolute free trade spatch, "are to be the lowest admissible in for Porto Rico after a very brief delay. commercial treaties.” Inasmuch as wheat Practically this policy has secured for and rye are the breadstuffs for nearly the Porto Rico all the benefits which would entire population, the new taxes will add have been extended over the island by nearly one-half to the natural cost of bread the doctrine that its purchase made it subto the German workingman. There are ject to all the provisions of the Constituindeed increases in the present taxes on tion, and at the same time has exempted imported manufactures—the duties it from the evils which that doctrine would imported machinery being in some cases have imposed by making it subject to an more than doubled—but the chief changes internal revenue taxation which might made are of the sort that will burden the probably have proved oppressive. Porto industrial classes. The result is that Rico is now to all intents and purpublic sentiment in the cities is strongly poses a Territory of the United States, hostile to the new rates. They have also except that it has no delegate in Congress called forth strong protests from the press and its inhabitants have no share in the of St. Petersburg and Vienna, in both of government of the Nation. which capitals there is talk of tariff retaliation. Unfortunately such retaliation would be likely to help and not hurt the German

It is rather difficult interests back of the present measure, as it

to understand on this would give them an excuse for demand- side of the ocean why there has been such ing further reprisals, Tariff warfare, like a heated controversy in England over the other warfare, tends to promote in other action of the London Daily Mail” in countries the same spirit it represents at obtaining and publishing from its correhome. It has been said of other wars spondent in South Africa the statement

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The South African War

that the British wounded were killed on have held it as an unquestioned fact the field by the Boers. At first the War that infection can and does frequently take Office denied the story entirely ; after- place through milk and meat. To prowards it was admitted that there might tect the public health sweeping and be some truth in it, and finally, when the rather arbitrary powers are given to Daily Mail” published names, dates, inspectors in England, the United States, and places, the accuracy of the general and many other countries to test cattle statement was admitted by the War Office. for the disease and to kill the animals One might suppose that the British when tuberculosis is found. This State authorities would not be averse to pub- supervision has not always been approved licity when the inciderits narrated exposed by cattle breeders, who insist that the the improper practices and cruelty of the tests are by no means certain, and that enemy. The trouble, however, seems to they are often not properly indemnified; have been that the despatch was sent with- on the other hand, the experts of our out the consent of Lord Kitchener, and Agricultural Department insist that the was a violation of the press regulations, tests are absolutely essential for public which still amount to a severe censorship. safety, but admit that the tests will not The subsequent action of the British war invariably detect the disease, and that authorities in refusing to allow the “ Daily sometimes the test wrongly indicates the Mail ” the usual press facilities extended presence of tuberculosis when it does not to other newspapers and in practically exist. The final test--that is, the killing boycotting the “ Daily Mail” in the dis- of the animal-settles the question in tribution of official news at London is in most cases, as the slaughter-houses and the nature of punishment. It now seems the meat are subject to Government clear, from despatches sent by Lord Kitch- inspection. The test with live animals ener himself, that, while it is true that consists of the injection of tuberculin, British wounded were shot and killed at the existence of which is due to Dr. Vlakfontein, it is equally true that nothing Koch's experiments; a considerable rise in the shape of a general or authorized of temperature is taken to indicate the slaughter of the wounded took place. presence of the disease. It is evident Indeed, the latest despatches say that the that if Dr. Koch's thesis propounded last murder was the work of two or three ruf- week can be maintained, the matter is of fians only, and in the one case in which vast importance to cattle-breeders and the murderer has been identified it turned dealers in meat products, and may proout that he was a German mercenary. duce a revolution in the Governmental Evidence is also sent from South Africa oversight, although the necessity of proto the effect that at Vlakfontein the Boer tection against diseased meat would, in officers not only did not order the atroci- any case, still exist. As Dr. Koch was ties, but did their best to prevent them. the discoverer of the tubercle bacillus Rumors continue that Lord Kitchener is and the originator of a method of treatto retire from command in South Africa; ment which is held by many eminent the repeated rumors that Sir Bindon- scientists to be of great value, though as Blood is to succeed him are now followed yet within a limited field, his views are of by equally untrustworthy rumors that great importance. The conclusion he Lord Littleton is to assume command. reaches was largely based on experiments

in attempting to transfer the disease from

men to animals by inoculating with the The sensational feature of bacillus; the reverse operation is, of course, Tuberculosis in Man and Beast

the British Congress on impossible. Despite Dr. Koch's standing

Tuberculosis held in Lon. and ability he did not convince the other don last week was the assertion of Dr. eminent students of the question at the Robert Koch, of Berlin, that infection from Congress, such as Lord Lister and Proanimal sources rarely, if ever, causes fessor McFadyean, the latter of whom tuberculosis in the human body. The read an able paper in opposition; while disease is common among animals, and many scientists in Germany, France, and extremely common, in particular, among America have hastened to express them. cattle. Sanitary and medical experts selves

selves as more than doubtful. The Congress itself passed a resolution urging Secondly, evidence sufficient to at least that health officers should continue every indicate a probable motive on the part of effort to prevent the spread of tuberculosis the accused; and thirdly, the exclusion through milk and meat, and that, as the of every other reasonable hypothesis to doubts concerning human immunity from account for the death. The death of bovine tuberculosis raised by Dr. Koch May Fosburg was proved. In order to were of vital importance to the public suggest a motive in the brother for the health and the agricultural interests of the homicide, the hypothesis of a family country, the Government should imme- quarrel was invented, but no evidence diately institute a rigid inquiry into the whatever was adduced on the trial to supidentity of human and bovine tuberculosis. port this hypothesis ; and all the circumThe most notable point in the discussions stantial evidence, as reported, confirmed of the Congress, apart from Dr. Koch's the statement of the members of the family novel assertion, is found in the emphasis that the murder was committed by a laid on

the importance of legislation masked burglar. Nothing can ever comagainst expectoration in public and the pensate the Fosburg family for the cruel universal agreement that the human spu- injustice of this trial following upon the tum is far the most common method of murder, and adding tragedy to tragedy ; transmission of disease, hereditary trans- nor have we seen anything to palliate the mission being in the opinion of all the offense of the Chief of Police who was experts either absolutely non-existent or behind the prosecution. The evidence in so slight as to be of no practical conse- the case was so clear that the Judge took quence. It was stated that sixty thou- the matter out of the hands of the jury sand persons die yearly in Great Britain and directed a verdict for the defendant, from tuberculosis, and that nearly a third and the jury, being afterward informally of all British cattle are in some degree polled, declared that they would have affected by it.

unanimously rendered such a verdict without hesitation if the Judge had not taken

the case out of their hands. If the interview reported The Fosburg Case

with the Chief of Police, of Pittsfield, Mass, is authentic, it ought to

It is inevitable that

The Brooklyn Bridge be possible to inflict upon him some

any mishap or threatpenalty for his offense. In this interview ened danger connected with the Brooklyn he is reported to have said that he “never Bridge should inspire sensational and really expected to fasten the crime upon excessively excited articles in the daily the defendant;" that “when Robert Fos- papers, and that these should arouse burg was indicted it was for the purpose serious apprehensions in the minds of the of showing that Pittsfield was not the many thousands who use the bridge daily. home of burglars." To use a criminal As we understand the facts, the main court for any other purpose than that of structure of the bridge is strong and sound bringing the person guilty of crime to beyond question. The two great towers punishment is a real, though it may not which support the cables and the four be a legal, contempt of court. It can be great cables which support the roadway distinguished from malicious prosecution are, we believe, admitted by all engineers only because the element of actual to be capable of bearing, not only all the malice against the accused is wanting. weight which is now placed on them, but It certainly should be a sufficient ground much greater weight. This may all be for impeachment and removal from true, however, while it may also be true that office. It is indeed difficult for the the connections between the cables and readers of the press to understand how the trusses which support the roadway the District Attorney ever consented to may be insufficient for the weight which recommend indictment, or how the Grand has been placed upon the bridge. The Jury ever found one upon the evidence points where the breaks occurred in the suspresented in this case. To convict an pension rods connecting the trusses with accused of murder, three things are abso- the cables, and in the steel circular bands lutely necessary: first, proof of the death; by which the rods are fastened to the cables,

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