Gambar halaman
PDF
ePub

In Home for Incurables rs. Noble it was held that in cases of wills the intention must prevail over the words. A court of equity has power to correct mistakes apparent on the face of the will. In the case in question Mrs. Mary Ruth made a bequest of $5,000 to the hospital of the University of Pennsylvania, and then devised the remainder of her estate to the Home for Incurables, of New York. She made a codicil revoking the "bequest of $5,000 to the Home for Incurables and bequeathing that amount to Emeline Colville." The court held that the designation of the home in the codicil was incorrect, and that the intention of the testator was to divert the bequest made to the Pennsylvania institution to Mrs. Colville.

Holmes vs. Hurst was a bill in equity by the executor of the will of Oliver Wendell Holmes, praying for an injunction against the infringe ment of the copyright of The Autocrat of the Breakfast Table. The infringement consisted in selling copies of the several parts as they were published in the Atlantic Monthly. It was held that a copyright on a book the contents of which have been published serially without being previously copyrighted is invalid.

The cases Nicol vs. Ames, in re Nichols, Skillen vs. Ames, and Ingwersen rs. United States (173 U. S., 509) were brought to determine the constitutionality and construction of that provision of the war revenue act of 1898 which levies a tax upon each sale, agreement of sale, or agreement to sell any products or merchandise at any exchange or board of trade or other similar place. The cases of Nicol vs. Ames, in re Nichols, and Skillen vs. Ames grew out of transactions on the Chicago Board of Trade. The court held that the law taxing sales of merchandise on such an exchange was valid. It was held that the tax was not upon the property sold and can not, on that ground, be found to be a direct tax within the meaning of the Constitution. The general objection on the ground of want of uniformity was not considered well founded. In the case of Ingwersen vs. United States the sole question was whether the Union Stock Yards, of Chicago, came within the act as being "an exchange of board of trade or other similar place," and the court held it did.

The suit Cosgrove vs. Winney involved a construction of the treaty between Great Britain and the United States. Cosgrove was extradited from Canada and brought before a police court in Detroit on the charge of larceny, gave bail for his appearance, and returned to Canada. Before the time fixed for trial he returned to Detroit voluntarily, and was arrested for an offense for which he was not extraditable. It was held that he retained the right to have the offense for which he was extradited disposed of and then to depart in peace, and his arrest could not be sustained.

The case of the Addyston Pipe and Steel Company vs. the United States was decided Dec. 4, 1899. This case was brought under the Sherman antitrust act of July 2, 1890, and an injunction had been asked to enjoin six corporations engaged in the manufacture of water and gas pipe, which composed the combination, from continuing to do business under the agreement by which they had divided the territory of the United States among themselves, and by which they had arranged to fix prices. The court affirmed the decision of the Circuit Court of Appeals against the corporation, and established the principle that Congress can regulate trusts that do an interstate business.

In Blake rs. McClung the validity of certain provisions of a statute of Tennessee, whose object was to secure the development of the mineral resources of the State and facilitate the introduction of foreign capital, was involved. It is not in the power of one State, when establishing regulations for the conduct of private business of a particular kind, to give its own citizens essential privileges connected with that business which it denies to citizens of other States. Such discrimination against citizens of other States is repugnant to sec. 2, Art. IV of the Constitution, although, generally speaking, the State has the power to prescribe the conditions upon which foreign corporations may enter the territory for purposes of business.

In the trial of Lake Shore and Michigan Southern Railway Company rs. Smith it was held that the act of the Legislature of Michigan providing that 1,000-mile tickets shall be kept for sale at the principal ticket offices of railroad companies at a certain price, and when presented by any other than the person or persons named therein such tickets shall be forfeited to the railroad company, and that such tickets shall be valid for two years only, and if not wholly used within that time providing for redemption and a charge of three cents a mile for the portion used, was unconstitutional.

A decision was handed down by Justice Harlan, in the case of Lake Shore and Michigan Southern Railway Company rs. Ohio, construing the constitutionality of the law of Ohio regulating the stoppage of through trains at stations in the State. The law requires that any railroad company in the State shall have at least three trains a day (if so many are run) stop at any place on its line containing more than 3,000 inhabitants. The action was begun against the company because of its refusal to obey the law. The company contended that the statute was antagonistic to the Constitution in that it interfered with commerce between the States. The court held this contention to be unfounded, saying that the question involved was only that of subserving the public convenience, and that the State had a right to legislate to that end. Justices Shiras, Brewer, and Peckham dissented.

The case of Cummings and others vs. the Board of Education of Richmond County, Georgia, involved the right of the board to establish a high school for whites in Augusta without also establishing a high school for colored children. The case was based upon the petition of colored people of the county, who asked that an order be issued compelling the board either to give their children the advantages of a public high school or to refrain from carrying on a white high school for the support of which the petitioners are taxed. The case attracted considerable attention. decision was adverse to the colored people, as the court failed to see that there was any violation of the fourteenth amendment to the Constitution.

The

There was a libel in rem against the British steamship Elfrida, to recover $22,000, with interest and costs, claimed to be due for services rendered in the performance of a salvage contract. Many cases in this country and in England, where salvage contracts have been set aside and compensation awarded in proportion to the merits of the services, were examined, and the principles governing the subject were stated. Where no circumstances exist which amount to a moral compulsion, such a contract should not be held bad simply because the price agreed to be paid turned

out to be much greater than the services were actually worth. On the Continent of Europe the courts appear to exercise a wider discretion, and to treat such contracts as of no effect if made when the vessel is in danger, but this was not accepted as expressing the true rule on the subject.

The case of the Olinde Rodrigues was the first prize case by the Spanish-American War that was considered by the Supreme Court. It grew out of the capture by the cruiser New Orleans of the French vessel Olinde Rodrigues for an attempted violation of the blockade of the port of San Juan, Porto Rico. The principal question determined by the court was that the blockade of San Juan was effective, although maintained by one modern cruiser alone.

The court decided in the naval prize-money case growing out of the capture of the Spanish steamer Buena Ventura that the condemnation of the vessel was illegal, and ordered the proceeds of the sale of the vessel be turned over to the owners. This decision turned upon the construction of the clause of the President's message of April 26, 1898, exempting Spanish vessels in American ports from the operation of the proclamation of war until May 21. It was shown that the Ventura had left an American port seven days before the presidential proclamation was issued, and that it was captured on the same day on which the proclamation appeared. It was held that the President's proclamation applied to vessels under this condition, and that on this account the Ventura, though owned by a Spanish house, was exempt. Justices Gray and McKenna dissented.

The Chief Justice delivered the opinion of the court in the cases of the Pedro and the Guido, and the condemnation of these vessels was af firmed. Four of the nine members of the court united in a dissenting opinion in the Pedro case. The Pedro left Antwerp in March, 1898, with a cargo for Cuban ports, with the intention of afterward proceeding to the United States for a cargo of lumber for her return voyage. She reached Havana on April 17, and on the 22d took her departure for Santiago, Cuba, and was captured the same day by the cruiser New York and duly condemned. The Chief Justice held that war had been practically declared on the 21st, and that the officers of the vessel must have known this fact. He dwelt upon the fact that the vessel was proceeding from a port of the enemy when overtaken, and contended that the case did not come under any of the exemptions of the President's message.

The court affirmed the opinion of the Court of Claims in the case of the claim of La Abra Silver Mining Company against the republic of Mexico, holding that claim to be fraudulent and unfounded. The claim was for about $4,000,000.

Railways.-The latest report issued by the statistician to the Interstate Commerce Commission shows that on June 30, 1898, the total length of the railway systems of the United States was 186,396.32 miles. Unofficial records, very carefully and intelligently kept by the editors of the Railway Age, show that 6,337.10 miles were constructed during the eighteen months that began July 1, 1898; making a total mileage of 192,733.42 on Dec. 31, 1899. On June 30, 1898, there were also 11,293.25 miles of second track, 1,009.65 miles of third track, 793.57 miles of fourth track, and 48.039.73 miles of yard track and sidings; making a total trackage, at that time, of 247,532.52 miles. Of the 186,396 miles

of railway, 51,577.37 miles, or 27.67 per cent., were in the region north of the Potomac and Ohio rivers and east of Lake Michigan and the Indiana-Illinois State line; 33,472.57 miles, or 17.96 per cent., were south of the Potomac and Ohio rivers and east of the Mississippi, 41,316.97, or 22.16 per cent., were west of Lake Michigan and the Indiana-Illinois State line and north and east of the Missouri river; 44,971.17, or 24.13 per cent., were west of the Missouri and Mississippi rivers and east of the Rocky mountains; and 15,058.24 miles, or 8.08 per cent., were on the Pacific slope. The increase in railway mileage during each year (ending June 30), beginning with 1890, was as follow: In 1890, 5,838.22 miles; in 1891, 4,805.69 miles; in 1892, 3,160.78 miles; in 1893, 4,897.55 miles; in 1894, 2,247.48 miles; in 1895, 1,948.92 miles; in 1896, 2,119.16 miles; in 1897, 1,651.84 miles; in 1898, 1,967.85 miles; in 1899, 3,197 miles; total, 31,834.49 miles.

The location of recent construction indicates in a measure the state of economic development attained in certain sections. During the calendar year 1899 there were constructed 4,500.10 miles of new railway line, of which 582.66 miles were in Iowa, 368.84 miles in Minnesota, and 269.48 miles in Arkansas. No other State had more than 200 miles of new line. Between 150 and 199 miles were built in Pennsylvania, South Carolina, California, Idaho, Louisiana, and Oklahoma; from 100 to 149 in Alabama, Florida, Georgia, Illinois, Michigan, Mississippi, New Mexico, and Utah; from 50 to 99 miles in Indiana, Missouri, Nebraska, North Carolina, Ohio, Texas, Virginia, Washington, Wisconsin, Wyoming, and Indian Territory. No new railway was constructed in South Dakota, Nevada, Delaware, New Hamp shire, or Rhode Island. The 6 New England States, which may now be regarded as fully supplied with railways, had but 75.50 miles of new line.

The preliminary report of the statistician to the Interstate Commerce Commission for the year ended June 30, 1899, shows that the gross railway receipts from operations in that year were $1,307,253,484, of which $360,227,319 were from passenger and $913,358,488 from freight service. The operating expenses for the same period were $852,428,105, and the taxes were $44,165,714; consequently there was a balance of $410,659,665, to which must be added $49,176,168, receipts from other sources than operation. The necessary deductions from income, including interest on bonds, amounted to $326,852,804; $82,214,820 were distributed as dividends (not including payments by subsidiary companies); and $50,768,209 accumulated as surplus.

The traffic of 1899 was probably heavier than any that was ever before carried, but it was taken at the lowest rates ever known. The average rate per passenger per mile in 1898 was 1.973 cent, and the charge per ton per mile was 0.753 cent. Similar averages for 1899 are not yet available, but that they were considerably lower is unquestionable. The average ton-mile rate obtained by the Pennsylvania Railway during the year ended June 30, 1899, was but 0.469 cent, and that of the Baltimore and Ohio Railroad was 0.458 cent.

Recent improvements in railway facilities have had the effect of notably increasing the efficiency of the railway train as a machine for moving passengers and property. This has been accomplished by increasing the size of cars and locomotives, decreasing the proportion of dead weight to paying weight in the train, reducing grades, increasing the radii of curves, using heavier rails,

supplying better yard and side-track arrangements, and increasing the number of tracks. The freight cars now building have a capacity of 30 to 50 tons of freight, and steel is rapidly being substituted for wood as their principal material. An American establishment that manufactures more locomotives than any other concern in the world reports that the average weight of a locomotive in 1890 was 92,370 pounds, and in 1899 it was 128,920 pounds. Another American manufacturer reports an increase of 47 per cent. since 1891. The result of these improvements is expressed by the average train load, which was 175.12 tons in 1890 and 226.45 tons in 1898.

The year 1899 was remarkable on account of the general maintenance of harmonious relations among the great railway systems and the observance of published rates. While due in large measure to the abundant traffic and widespread prosperity, this condition is also attributable to the increased influence of the Interstate Commerce Commission and a growing recognition on the part of railway managers and owners of the public value of reasonable statutory regulation of railway transportation.

UNITED STATES, FINANCES OF THE. During the year ending June 30, 1899, the net ordinary receipts of the Government, including those of the postal service, amounted to $610,982,004, being considerably more than before received for any one year except for 1866, when they were slightly exceeded. The increase above the amount of the preceding year was $116,648,050. From internal-revenue sources alone the increase of the year amounted to $102,536,520, of which nearly $7,000,000 was due to an increase in the tax on distilled spirits, $16,000,000 on manufactured tobacco, $29,000,000 on fermented liquors, and $43,000,000 to the stamp taxes. Only $11,998,314 was received on account of the indebtedness of the Central Pacific Railway.

There was an increase in the receipts from the postal service of $6,008,766. None of the usual sources of receipts showed any decrease.

Owing to the expenses incident to the war with Spain the expenditures of the Government for the year under consideration were greatly increased, the total of such expenditures not having been exceeded since the war of the rebellion; and despite the greatly increased receipts there was a

[blocks in formation]

deficiency of $89,111,559. This deficiency was met by the sale of about $200,000,000 3-per-cent. bonds at par, thus not only providing for the deficiency, but adding an increase to the cash of the Treasury of more than $100,000,000, greatly strengthening the financial condition of the Government.

The operations in detail are shown below, compared with like items for the previous year:

Civil

OBJECT.

EXPENDITURES.

Foreign intercourse.
Military establishment:
National defense..
Pay department..

Commissary department..
Quartermaster's department..
Medical department
Ordnance department..
Armament of fortifications..
Gun and mortar batteries
Improving rivers and harbors.
Expeditionary force to Cuba..
Signal service of the army.
Support of national homes
Other items

Naval establishment:
National defense.
Pay, etc., of the navy
Marine corps...
Ordnance..
Equipment

Yards and docks.
Medicine and surgery.
Supplies and accounts.
Construction and repair.
Steam engineering.
Increase of the navy.
General account of advances.
Vessels for auxiliary naval
forces...

[blocks in formation]

Other items..
Miscellaneous:

[blocks in formation]
[blocks in formation]

1899.

[blocks in formation]

Indians.

58,448,224

6,303,000

6,164,256

4,756,470

Other items....

District of Columbia

4,016,532

3,693,283

Sinking fund for Pacific railways

[blocks in formation]

Fees, consular, letters patent, and

land.....

2,805,435

Customs fees, fines, penalties, etc.

668,072

[blocks in formation]

2,639,751
576,488
1,975,849

[blocks in formation]

Total ordinary expenditures.
Redemption of public debt

Gross expenditures....

22,535,672 15,137,099

$700,093,564 $532,481,502 341,149,969 384,219,542 $1,041,243,523 $916,701,044

Of the debt having an equivalent reserve there has been an increase in gold certificates during the last calendar year of nearly $150,000,000. These certificates circulate as money, and their issue has to a large extent been a net increase of the circulating medium. The increase of gold in the country has been due to an increased domestic production, and to unusual heavy importations 333,227,920 of that metal made necessary to meet the payments for goods exported largely in excess of $1,133,472,724 $827,561.874 those imported.

1,870,895 95,011,384 89,012,619 $610.982.004 $194,333.954

522,490,720

[blocks in formation]

CIRCULATION OUTSIDE OF THE
TREASURY.

Gold coin.....

Standard silver dollars..

Subsidiary silver....

Gold certificates.

Silver certificates.

Treasury notes (1890).

United States notes

backs).....

IN CIRCULATION DEC. 31,
1898.

1899.

$617,977,830

70,420,047

76,651,321

161,122,797
395,040,816
86,934,351

(green

Currency certificates (1872)
National bank notes..

Total..

318,269,365
11,980,000.
242,001,643

35,200,259 392.331,995 94,942,741

312,415.738
20,465,000

Quarter eagles..

Total gold..

Silver

Standard dollars.
Half dollars..
Quarter dollars
Dimes.....

Total silver..

Minor-
Five-cent nickel..
One-cent bronze

Total minor..

Grand total

[blocks in formation]

UNIVERSALISTS. The Board of Trustees of the General Convention of this denomination $667,796,579 65,183,553 reported to that body, at its meeting in October, 70,627.818 the following statistics: Number of parishes, 1,003; of families, 47,411, showing an increase of about 1,200; of church members, 52,177; of members of Sunday schools, 59,179; value of parish property less debt, $9,623,672; amount of contributions, including those for parish expenses, $1,105,869. The figures represent an increase of 64.5 per cent. in church membership and 18 per cent. in Sunday-school membership since 1884. The convention was in debt to the amount of $31,374. It had spent during the past year $8,934 for the mission in Japan.

238,337,729 $1,980,398,170 $1.897,301,412

The aggregate of the cash assets of various kinds held by the Treasury for various purposes exceeds $1,000,000,000, perhaps the greatest accumulation of money in the world. Of this amount only about $283,000,000 was in the general Treasury balance subject to the draft of the United States Treasurer, and of that amount $100,000,000, represented by gold coin, was held as a fund for the redemption of United States notes under the resumption act.

The following table shows the assets and liabilities at the end of the calendar years 1888 and 1899:

The Universalist General Convention met in Boston, Mass., Oct. 19. The opening sermon was preached by President Elmer Hewitt Capen, of Tufts College. The Hon. Charles L. Hutchinson, of Chicago, presided. The most important business was the final adoption of the statement of belief transmitted from the previous General Convention held in Chicago, Ill., in 1898, in the form of a platform of principles instead of a creed. This declaration is as follows:

"The essential principles of the Universalist faith is: The universal Fatherhood of God; the spiritual authority and leadership of his Son, Jesus Christ; the trustworthiness of the Bible as containing a revelation from God; the certainty of retribution for sins; the final harmony of all souls with God."

The declaration was adopted by a vote of 132 to 10. The Rev. Dr. Edward Everett Hale was received as a fraternal delegate from the National Conference of Unitarian and other Christian Churches, and addressed the convention. Resolutions were also received from the American Unitarian Association proposing the appointment of a conference committee of five members from each body, to consider concerning a closer co-operation of the two organizations (see article UNITARIANS for the text of the resolutions). The proposal was adopted by a vote of 101 yeas to 25 nays, and the 5 members of the committee to represent the General Conference were appointed.

URUGUAY, a republic in South America. The legislative power is vested in the Congress, consisting of a Senate of 19 members, 1 from each department, elected by indirect suffrage for six years, and a Chamber of Representatives, containing 69 members, elected for three years by the direct suffrage of all adult male citizens who are able to read and write. The President is elected for four years. Juan Luis Cuestas, who was elected Vice-President, succeeded to the of fice of President on the assassination of Idiarte Borda, Aug. 25, 1897. The Cabinet at the beginning of 1899 was composed as follows: Minister of War and Marine, Gen. Gregorio Castro; Minister of the Interior and of Justice, Edoardo Maceachen; Minister of Agriculture, Industry, Public Instruction, and Public Works, Jacobo Varela; Minister of Finance, José R. Mendoza; Minister of Foreign Affairs and Worship, Dr. Mendilaharzu.

Finances. The revenue for 1894 was $15,376,614; for 1895, $15,120,941; for 1896, $16,042,133; for 1897, $14,257,723; and for 1898, about the same amount. The estimate for 1899 was $15,973,540, of which customs yield $10,061,487, property tax $1,831.689, trade licenses $890,650, factory taxes $470,595, the tobacco tax $463,936, instruction $427,457, stamps $369,668, bank profits $350,000, posts and telegraphs $260,000, and other sources $848,064. The total expenditures were estimated at $15,799,231, of which $341,114 was for the legislative bodies, $67,242 for the presidency, $131,968 for the Ministry of Foreign Affairs, $2,365,086 for the Ministry of the Interior, $961,160 for the Ministry of Finance, $1,124,672 for the Ministry of Public Works, $1,918,031 for the Ministry of War and Marine, $5,640,743 for the public debt, $945,636 for railroad guarantees, $1,416,407 for pensions, and $887,173 for various expenses.

Commerce and Production.-The main industry of the country is stock raising. There were 392,246 horses, 15,589 mules, 5,881,402 cattle, and 16,397,484 sheep in 1896, having a total value of 73,038,000. The number of cattle slaughtered in 1897 was 670,900. The wool clip was 33,000 tons. About 300,000 tons of wheat were raised. Of 21,045 farmers, 10,853 owned their farms. Gold mining is carried on in the north, and in the department of Rivera alone 87,336 grammes of the metal were extracted in 1897. Silver, copper, lead, magnesium, and lignite are the other minerals. The annual imports are about $25,000,000 and exports $30,000,000. The chief exports are hides and live animals, sent to Brazil, France, Belgium, England, and the Argentine Re

public. Hides are exported also to the United States, the imports from which country are increasing, consisting of petroleum, lumber, and agricultural implements mainly. The bulk of the imports come from England, the Argentine Republic, Germany, France, and Italy.

Politics.-President Cuestas, who assumed a dictatorship at the beginning of the civil war of 1898, was constitutionally elected on March 1, 1899, after resigning his powers for two weeks into the hands of the president of the Senate. He appointed a new Cabinet, as follows: Minister of War and Marine, Gen. Callorda; Minister of the Interior and Justice, Saturnino Camp; Minister of Agriculture, Industry, Public Instruction, and Public Works, C. M. Peña; Minister of Finance, Dr. Campesteguy; Minister of Foreign Affairs and Worship, Herrero y Espinosa. The Chambers voted amnesty for all political offenders. Economies were introduced in all departments of the Government, yet on account of the increase in the debt the budget was barely made to balance, revenue for 1900 being estimated at $15,977,000 and expenditure at $15,969,000.

UTAH, a Western State, admitted to the Union Jan. 4, 1896; area 84,970 square miles. The population in 1890 was 207,905; the estimated population in 1895, 247,324. Capital, Salt Lake City.

Government.-The State officers during the year were as follow: Governor, Heber M. Wells, Republican; Secretary of State, James T. Hammond; Treasurer, James Chipman; Auditor, Morgan Richards, Jr.; Attorney-General, A. C. Bishop; Adjutant General, Charles S. Burton; Superintendent of Public Instruction, John R. Park; Coal Mine Inspector, Gomer Thomas; State Engineer, Robert C. Gemmell; Board of Equalization, Robert C. Lund, John J. Thomas, J. E. Booth, and Thomas D. Dee; Board of Labor, John Nicholson, J. S. Daveler; Regents of the University, J. T. Kingsbury, President; Chief Justice, George W. Bartch; Board of Agriculture, J. A. Wright, Secretary; State Art Institute, created in 1899, H. L. A. Culmer, President.

Finances.-The State Auditor showed in his report of June 30 that the balance in the general fund would have been a deficit had not a loan of $50,000 been made to the treasury from the State Bank of Utah. About the middle of July this loan was repaid by an overdraft accommodation of $10,000, extended by Wells, Fargo & Co., at 4 per cent. annual interest. The warrants issued in July amount to $95,772.99, including the $50,000 repaid to the State bank.

Following is the Auditor's statement: Balance on hand Jan. 1, 1899, $485,031.54; receipts for half year ending June 30, $261,738.16; total, $746,769.70; disbursements for half year ending June 30, 1899, $568,063.01; balance in treasury June 30, $178,706.69, distributed to the several funds as follows: State land accounts, $131,867.29; general fund, $40,678.91; district school fund, $6,112.58; trust funds, $47.91; total, $178,706.69; warrants outstanding June 30, $22,970.84; balance less outstanding warrants, $155,735.85.

The total number of failures for 1899 was 149; total assets, $141,139; total liabilities, $329,025; for 1898, total number, 127; total assets, $189,697; total liabilities, $468,182.

Valuation. The total raw products of the farm for 1899 were $7,280,000; total finished products as butter and cheese, wool and mutton, cattle, poultry, etc., $8.724,000; from which deduct the value of food consumed to produce them, $2,500.000, and the total farm products were valued at $13,504,000; total assessed valuation of all

« SebelumnyaLanjutkan »