Decatur Democrat, Volume 39, Number 4, Decatur, Adams County, 12 April 1895 — Page 6

lifflK T.W Ml® ISiiprraff Court Opinion (liven by Chief .Inslice Fuller. PRINTING OFFICE SITE. Knit Fil.ti Involving the Property Which General Mahon. Hhi Been Trying to 'J Sell the Government—Yellowstone Park |j»w»—Clmuge In Army OtHcere—Capital Gossip. *' Washington, April 9.—After almost n month ,x>f deliberation, the United States supreme court rendered its decision yesterday in the income tax cases, deciding by a divided court the law to be valid, except regarding the income derived from rentsand municipal bonds, on which points the decision was that the law was unconstitutional. <. The opinion was general among lawyersand legislators that the .ease would be reached yesterday, and the interest - which has characterized the ease from the beginning was again made manifest by an of the public in the courfrioom. O >e Member Absent. There was only one member of the bench absent-—. Justice Jacxson who hits-not been able to attend upon the court since last fall and who has not participated in the consideration of the case in any way. It is to his absence that the even division of the court on the majority of the propositions involved in the case is due. If he had been present, such a result would have been impossible. ami the opinion would have included a decision of all the points involved, instead of only*the two m regard to incomes derived from rents and municipal and state bonds. When Chief Justice Fuller, after making a few .routine announcements, began at 12:05 to read the court’s deeitee in the case of Charles Pollock vs. The Fanners Loan and Trust company and others. This was the first in order of the cases against the trust compauys, and the conclusion reached in it apply also to the case of Hyde vs. The Continental Trust company, as the questions at issue are the same in l>oth cases. The chief justice read with considerable rapiditv. but his voice was at all times clear and distinct. The delivery of the opinion consumed an hour's time, and all present gave the closest attention. Decision by Chief Justice. Mr. Fuller began with a brief reference to the question of jurisdiction in - the case.. This point had, he said, boon frequently referred to, but he dismissed it by saying that as the question had not been raised in the court below, and had been waived in the argument of the case in the supreme court, there appeared no objection to considering the case purely in its merits. I’roceeding to this end. he gave his attention to the objections to the law,, as made by the appellant, quoting the principal ones as follows: 1. That by the constitution, federal taxation is divided into two great classes: Direct taxes and duties, imports ami excise. 2. The- imposition of direct taxes is governed by the rule of apportionment among the several states, according to numbers, and the imposition of duties, imposts.and excises by the rule sf uniformity throughout tlie United States. 3. That the principle that taxation and representation go together was intended'To be, and was, preserved in rhe constitution by the establishment of the rule of apportionment atnopg the several states, so that such apportionment should be according to numbers in each state. 4. That the states surrendered their power to levy imports and to regulate commerce to the general government, and gave it concurrent power io levy direct taxes in reliance upon the protection afforded by the rules prescribed, ami that the promises of the constitution cannot be disturbed by legislative action. 5. That these conclusions result from the text of the constitution, and are sup- : ported bv the historical evidence furnished by the circumstances surrounding the framing and adoption of that instrument, and the views of those who framed and adopted it. 6. That, the understanding and expectation at the time of the adoption of the constitution was that direct taxes would not be levied upon the general government cept under the pressure of extraordinary —e-xigene-yv-aud such has been the practice down to Aug. 15, 1894. If the power to (io .. so is to be exercised as aji ordinary and usuaj means of supply', that fact furnishes an additional reason lor ciccuinspection in disposing of tlie present case. 7. That taxes on real estate belong to the class of direct taxes, and that the taxes on the rent or income of real estate, which is the incident of its ownership, belong to the ..same class. 8. That by no previous decision of this court has this question been adjudicated to the contrary of the conclusions now aundunced. 9. That so much of the act of Aug. 15, 1894, as attempts to impose a ttgx upon the rent or iifconje of real estate witbout apportionment is invalid. The court is further of opinion that the act of Aug. 15, 1894, is Ipvalid so far as it attempts to levy a tax upon the income derived from municipal bonds. Elaborate Definition of Meaning. The body of the opinions was devoted to the consideration- of the question from a constitutional point of view, and involved a very direct definition of the meaning of the phrase “Direct Taxes,” r> and also a construction of the constitutional requirement as to apportionment. This : mde necessary a review of many formU; 'opinions of the court, a nunibef of whicu, including the Hylton. and Springer cases, were quoted from at length and commented upon. He said that, under the constitution federal taxes and duties, imports and excises, and laid down the rule that direct taxes y should under that instrument be governed by the rule of apportionment among the several states according to population. . Referring to the question of direct taxation, he said that it was not to be "presumed that the framers of the constitution were not men capable of ap- - predating what they were doing when they provided for a differentiation of .

lISING IFOliffi. Boston Minister Based His Statements on Hearsay. CONFLICT OF TESTIMONY. RefiiMn to nivulgo the Name of His InfuriMKiit, However — S»y» He Regret. Having Made the Remark About the President and Retracts Everyth I ng. Boston, April 9. —Rev. Isaac J. Lansing, pastor of the Park Street church in this city, who, in an address before the New England Methodist conference at Salem last week, accused President Cleveland of intemperance, last night , declared himself as follows on the sub- | ject: My allusion made in a temperance nd dress at Salem du Thursday, April 4, to the drinking habits of the president of the j United Status, was ba-ed partly on common report and partly on the testimony ot an eyewitness. • From various independent sources which . I believed to be wholly reliable, 1 had l>een I informed that the president had been serif I on different occasions, and in the presence ■ of many persons, in an intoxicated condition, From tile circumstantial mid de- | tailed character of these statements, 1 sup- , posed there was no doubt as to the facts , alleged. I therefore made this allusion as j a matter of common report, bising my. j confidence on the testimony of personal, and as 1 siipppsed, creditable, witnesses. Tfie names of these witnesses, obviously, I cannot wit h propriety reveal, since sharing their knowledge in comnmn with many others, they might, justly shrink from being singled out to verify t hat. which not only they, but others equally with themselves, had a clear proof. 1 must, therefore, say that if my statement reproducing such testimony is not in harmony with the facts, I regret having made it. 1 could have neither desire nor motive for saying anything unkind or uncharitable ot the president or any party whatever. The case being one of the conflict of testimony I tween wit nesses of equal creditibility, I cannot decide which, and since 1 have no personal knowledge apart from the testimony, 1 withdraw the statements and tender apologetic and sincere regrets to the president of the United States and to the POLITICAL DEAL EXPOSED. Peculiar .Situation Developed by John Howell’s Resignation. Wheeling, April 9? —John Howell, the Republican sheriff of Barbour county, has resigned, and inquiry as to why this very extraordinary stop was taken develojied a very remarkable situation. The county is usually Democratic, but G. M. Right, a leading Republican, thought Last fall he could pull a Republican through. He accordingly made a deal with Howell, by the terms of which Howell, if elected, was to accept $2,000 m lieu of all the emoluments of the office, which profits were to go to Right. The latter was to furnish bondsmen for Howell as sheriff, but Right was to run the office in fact. After the election Right procured the bondsmen for Howell, but Howell insisted on being sheriff unless $2,000 in cash was paid him. Righr objected, but offered notes. After three months of wrangling, Right withdrew Howell's bondsmen and, unable to obtain others. Howell resigned, and the facts came out. Killed by a Negro. Florence, Ala.. April I).—James Foster, a constable at Rodgers ville, near here, was shut and instantly killed by Will Brown, colored. Foster with three officers went to Browns’s house to arrest him on a charge of larceny. He met them at the door, shot Foster, and escaped. There is intense excitement at Rodgert-ville, where Foster was popular, and qrow<ls have been scotiring the country ail day for the murderer. IHsHstraun Prairie Fire. Guthrie, <). T., April I).—ln Pawnee county an unknown man on horseback i set fire to the dry prairie grass during a I hign wind and the country was devas--1 tated for many miles. Seventeen farmi ers lost everything they possessed, having hard work to save the lives of their ' families, artd the village.of Chilio was almost entirely destroyed. . —: . . ■ Rubber Works Resume. Trenton,* April New Brunsi -wick Rubber company, employing about 500 hands, resumed ; work yesterday. The Unit* d States Rubber company, it is thought, will start up in two or three weeks with 300 hands. The Meyer Rub- . her company at Milltown, employing i 800 men, will probably resume about April 15. Destroyed. Albuquerque, N. M., April 9.—The Atlantic and Pacific roundhouse and machineshops at Winslow, A. T., were i burned yesterday. Eight big Jocomb- , ' tives were destroyed and the company’s j officials estimate the loss at SIOO,OOO. BRIEF MENTION. . . - j Robinson hotel at Emporia, Kan., was 1 destroyed by lire. , The Monterey has arrived at San Diego on her way to Callao. I King Christian of Denmark celebrated - his 77th birthday ytstenlay. I Costello knocked Griffin out in the third j round at Montreal last night. ’ Philip Gaffron, a Denver watchmaker, . was shot and .seriously wounded by burglars. •: r Steamer S. Y. iiea sank at Brooks’ land L . ing in the Cumberland river. No lives t Application has been made for a receiver 1 for the Lake street, elevated railroad at 1 Chicago t Charles H. Mansur, assistant controller s of the treasury, is..reported to be much . worse flod is in a very critical condition at t Washington. J Prograuiiues fox.the..spring meeting of the Louisville Jockey club, which opens on t Derby day, May 6, have been issued. Over e 700 horses are expected. Six-year-old child 1 of Absolom CourG |- right, near Glen Easton, W. Vu., was a burned to death in a barn. The child had f been playing with matches and set fire to (sat akcucwuM wuu Lb* mmhm

' iiMSitjimra®. Nqws Gathered From AU Sections of the State. DETERMINED SALOON MAN. R.fUMm tn Ditconllnua the Sal. nt Intj.xlnatlng Liquor.—Robbart of a Watch at Logan .port. — Brlght.r Outlook For Stone <J'-arry Peopla — Noto, of th" State. Burlington, Ind., April 9.—The resi- j dents of this village had planned to have a celebration this week, but tfh? event I has been necessarily postponed. The 1 license of the village saloonkeeper vx- 1 pired last Saturday, and his applieatcm • fora renew al had been defeated. In the i ' belief that the people at last, after ma >y | years’struggle had banished the g> Jshop, the Burlington folks arrang 'd ■> have a grand jollification. Last Sat .rr r 'i day, however, the proprietor, Ev.in ! Hopkins of Frankfort, announced that j he would continue business under g o - ! eminent license and run a qnart simp. ! As a result, great indignation exists in i the town and vicihity, and further \>- leiievmuay be expected. The place his • been blown up with dynamite six tim . ; and has been the scene of numerous ; [ riots., A month ago Sam Spitler of K>- i komo, who then owned the saloon, hid I his throat cut, and became near dying of his wounds. Len Bowie, who did the carving, was acquitted on pfeliminary trial, and the grand jury that has just adjourned refused to indict lion. , At An election recently held there w re. four votes in favor of the saloon and -1 against it. The saloonkeeper, in his determination to continue business in spite I of the almost unanimous sentiment j against him, is inviting another visit from the dynamiter, and it is the general impression that tbe call will not be long deferred. • PROFKSSOK IN TROUBLE. ArresteU <>u a Charge of Obtaining Money Under False Pretenses. Wabash, Ind., April 9. — Professor Charles E. Kriebel, president of the North Manchester college, was arrested last night for obtaining money under false pretenses. Kreibel entered into an agreement to endow the college with $1,000,000. on the raising of $3,090 of scholarships by North Manchester people. The money waa paid to Kriebel, but the endowment never came. It is on the charge of obtaining $3,000 and gaining possession of the college property that he was arrested. Death of a Pioneer. Frankfort. lnd.,N>pril 9.—Andrew Catron died yesterday. He moved to tAis county from Tennessee in 1845, and has lived here continuously ever since. He had been married to the wife who survives him 57 years, and he leaves six children. He was one of the most influential and respected farmers in the county. In jiolitics he was an ardent Democrat, but not an offensive partisan. Trying to Secure h Pardon. Logansport, Ind., April 9.—An effort is being made to secure the pardon of Mahloh Rhoderick, who was sentenced here in 1894 for forgery. He is the son of one of the county’s best known families and was convicted of forging his mother’s name to a note for $1,200. His defense was that he was the manager of her estate and signed her name with the power of attorney. Revival In-Stone Trade. Bedford, Ind., April* 9.—Owing to the increased demand for Indiana stone, the Monon railway managers have been compelled to put on an additional train, to ply between this city and Bloomington, which took effect yesterday. The stone outlook is brighter than for a long time, and the quarries are working a great many men. Grairtt Jury Want* Specifications. Terre Haute, Hid., April 9. —Rev. 11. V. Hunter, the leading spirit of the newly organized civic federation htjjre, has been summoned before the grand jury. In a recent sermon he said that the" police and police commissioners were getting bribes from the gamblers to be allowed to run. The grand jury wants specifications. Drugged and Robbed. Logansport, Ind., April 9.—John Edwards, who claims to have been for 12 years an employe of Pullman, says he was drugged and robbed here on his way to Chicago from Peru, where his family resides.. His gold watch and all savings were taken. Milwing Man. Indianapolis, April 9.—Thomas Siddons, aged 40, disappeared from his home in Clermont March 31. He had SOO in money. The Indianapolis police have been asked to look for hinn INDIANA NEWS NOTES. J. B. Richardson, a farmer near Nobles- * ville, was sandbagged in his barnyard. Four versons were severely shocked bv | lightning which struck the residence sf A. Wiseman, Elwood. - - ’ | A tramp negro robbed-S. B. Cosner, a ! groceryman of Frankfort, of $175. He had been doing chores about the place for a few days. An effort is being made to secure Mrs. Ballington Booth, of Salvation Army fame, furai series of mecimgMftt lndianapolis. F. M. Neeley was arrested near Pennville and placed in jail at Portland. He is wanted at Clarion, l’a., for embezzlement and forgery. s Driving club has been organized and dates fixed for a series of spring races at Union City. Fine track is being built and a grand stand erected. Detectiveshave been watching the Indianapolis postoffice very closely for a day or two on information received that a robbery had been planned. Elwood now has a superintendent of police. He Is H. A. Faucett, who was an •ttwK to M jnue» M Deadwoe4i ■> As

' " .j. ■■■_!■!■. j. LL4UU ■ ■ I aMMMNMMMNBMO OOtt S 900 « DODO g IS ‘Mo Central!’ m wmi is nr . . ■ ■ ' • J Have you auy New Wall Paper? I should say sol We have an endless variety of B all new patterns at rock bottom prices, g ; *''*”'*' ’ IQi l® PAINT ® O' * '■» ’ i ■ a . . We have an abundance of, and of the g M . , z . T-■ W § verv best quality the market affords. . . g i ■ n •• g REMEMBER: —We sell none but the best and the || . I best is the- cheapest. E>o not fail to call g and sec us in our npw quarters. East side g Secpnd street, opposite old stand. S?. Yours to Please, I . V. H. NAGRTRIEB. | -

Cure For Headache. As a remedy for all forma of Headache Eectric Bitters lias proved to be the very best. It effects a permanent cure and the mast dreaded habitual sick headaches yield to its influence. We urge ail who areafllic ted to procure a, bottle, and give this remedy a fair trial. In cases of habitual constipation Electric Bitters cures by giving the needed tone to the bowels, and releases long resist the use of this medicine. Try it once. Large bottles only Fifty cents at Blackburn Jt Miller's, successors to A. R. Pierce. FACTS IN FEW WORDS. England supports 200 dally papers The United Suites’ have 1.888 dull. papers. During 1894. 116 Gloucester flshgr men were lost. The inhabitants of Eap Island in tin Pacific have pink hair. There are 1,100 students at Lelanc Stanford, Jr.. University this year. A British commander-in-chief whet on active service receives $375 a week * The people who live the longest an Jltpse 'Who sleep with their moutht 'shut. The State University of Missouri recently asked the Legislature for an appropriation of $262,000 and receive: $72,000. The Reading (Pa.) Iron Company has received a contract to make a cotton compress costing $60,000 for a Texas firm. A church in London still possesses ah income originally given to it for the purpose of buying faggots sot burning heretics.' 7 The Philadelphia and Reading Railroad Company now controls seventynine coal operations, employing 18,000 men and boys. It is proposed to amend the general railroad law of Maine so that new railroad corporations may use either steam or electricity. There are 250 women nurses in the hospitals of Japan, the head of the department being ’the Countess Nere, wife of Admiral Nere. ■ The Mexicans eat salt with their i oranges, both because they prefer the ! fruit so seasoned and because it is I considered more wholesome with salt Europeans do not take kindly to American confections. The man who kept the peanut and popcorn stall at the recent Antwerp exposition lost $5,000. Electricity has now, it seems, beaten the record of the gold beater, and can produce a foil of metal from five to ten times thinner than ordinary gold leaf. A strange custom prevails in Siam when a funeral is passing. The female oliservers take down their hair, and the men hunt in their pockets for a piece of metal to place between their teeth; Canada has a debt of $300,000,000, which is about five times greater per capita of population than the debt of the United States. Since 1878 the expenditures have grown three times us rapidly as the population. “Tenting On the Old Camp Ground” was written by Walter Kittredge, a New Hampshire man, whb was drafted in 1862, and while preparing to go to the front^wrote —thf words’ and music It attained immense popularity almost instantly. Thp Unite?! States Supreme Court has decided -for the first time In its history, it is said—-that the'jury is not the judge of the law in a criminal case, but must take the law from the bench. Justices Gray ajjd Shiran dissented from-this opinion. - The Atlanta Constitution says thfit an old Georgia cpuple sat up all night shelling a fcw'busfaels of corn of their meagre store for the Nebraska sufferers. They did this in order to reach the train in time, and their small gift •*—-I- ’■ “ • , .

HIS TONGUE FROZEN FAST. _ Ona Boy U«-m6n»lro»r« the Truth by' ■ Physical Kxperlnient. A small boy was taken captive on the State House grounds the other morning. As a result of his experience, it is probable that he will miss a tew meals. The boy had nothing in particular to do; and when he wandered to the base of the Hendricks statue, he was trying to think of something to take up his time. The snow was falling rapidly, and. for a time, at least, sliding on the pavement was impassible. The* boy saw the smaller bronze statues on the pedestal of the statue. He had been tchl that a person's tongue would stick to a piece of metal on a cold morning. The boy's name must have been Thomas—at least he was a doubter; and he- concluded to prove to his own satisfaction if the story of cohesion were a true one. • He touched his tongue to one of the I bronzes. The story he had heard waa i true. He could not got away. He shouted for help, but his enunciation was not as distinct as a school teacher might have wished, owing to the fact that his tongue was frozen to the letter on the pedestal. And the bronze did not loosen its grasp for shouting. A Senator or two who were passing 1 1 stopped to see what the trouble was. Others came running when they heard the boy’s cries. Some one suggested that a stcut man take hold of the boy and give him a sharp jerk, as he were removing a porous plaster. This was out of the question. The boy continued to cry with pain. • Much sage advice was given. A man explained that the bronze would have I to be warmed before the boy could be released. Some one was dispatched to a saloon across the street, and the ; bar-keeper sent .over a bowl of hot water. The hot water had no effect at first, ' but presently it began to warm the bronze. It was several minutes, however, before the frost was driven out. At last the cold metal loosed its hold, ! and the hoy was free. He went est, ■ without leaving his name, and prob- • ably without a part of his tongue.— Indianapolis Mews. > The Dtacovery Saved Uta Life. ■ Mr. G. Cailloutte, druggist, Beaverville, 111., says: “To Dr. King’s New Discovery J I owe my-life. Was taken with LaGrippe t and tried.all the physicians for miles about, t but of no avail and was given up and told I could not live. Having Dr. King’s New ■ Discovery in my store I sent for a bottle 1 and began its use and from the first dose j began to get better, and liter using three , bottles was up and around again. It is worthits weight in gold. We won’t keep store or house without it.” Get a free trial i at Blackburn & Miller’s Drug Store. , A SUPERFLUITY. • H<- Wanted to Get Bld of It, But W«» It,» trained. The policeman was standing dreamI lly on the dock looking out over the f silently-moving river when a man, . evidently from the rural districts, . came up to him excitedly. “Say. Mr. Officer,” he exclaimed, *'ls , the water there deep enough to drown ajnan of my size?” “Well, I should smile,” grinned the officer. * ' “Jou . into it?” 4 ’ “Likely enough, if I didn’t fish you Out.” t "You wouldn't do that if I didn’t ' want you to, would you?” he asked in > 'a hurt tone, 1 "I'm afraid I'd have to.”- » “'All the good it would do me. then, would be a weltin' aud a suit of store clothes all drawer* out of shape?” t “That’s about it.” • t “I guess J might as well hadn t, • then.” he said, resignedly. . “Just as- well, J guess,” coincided i the officer. » ' t “But I wouldn't bo resnonslble, said Uio man lOPking wild again.

ui vviiine you wo|i!u »e, teputai the officer. “I guess not.” “Why?" A“Idiots ain't responsible, are they?” “No. But you are no idiot." “Ain't I? Well. 1 guess you don't know me.” “You don't taik like one.” “Andri don’t look like one. I hope.” . he said more rationally, "but a snooxer up town here tcok me for one awhile ago and he didn't miss it a millionth part of an inch." _ „ "What do yon mean?” “Just what I say. I come to town this morning from up the country with $27 in my pocket. I got to talking with a feller in the depot, and after a bit he asked me over and paid ter the drinks. Then he walked me down town and in front of a big store. with'<* a bank In front of it, he stopped, and said he had a bill to pay in there and would I loan him a few 1 dollars on his. check and then we could go to the bank over the way and get it cashed. The check was for SSO. and he said he thought the bill was $25. but if it waa all the same, he would take the $27 ; that I told him I had and would come right back if I would wait outside. So I took his cheek and waited, keeping my eye on the bank all the time like as if it would git away. Well. I waited around ihere till I thought they’d sic the ,dogs .on me. and he didn't com", and then ‘I went over to the bank. They looked at the check and —well. you know the rest. If I ain’t a jack idiot what am I? Now git out*, of the way and let me jump in there 1 There was enough durn fools in the world before I got the habit, and 1 guess I won't be missed. Git cut of the way,” and he began swinging his arms but the officer restrained him and finally got him headed up street, and watched him until he disappeared.— Detroit Free Press. A Great Candidate , For your favor is Otto’s Cure for the throat and lungs, and we can confidently recommend it to all as a superior remedy for coughs, colds, asthma, branchitis aud r ‘ all lung affections. It will stop a cough quicker than any Known remedy. We guarantee it to cure you. Instaijt relief in all cases of crouy and whooping cough. If , you are suffering, don’t delay, but call on us and get a sample bottle of this great guaranteed remedy and be one of the great party on “lie road to health. Samples free. Large bottles 50c. at Holthouse & Smith's sole agents. APHORISMS. There, are geniuses In trade as well as in war, or the state, or letters; and the reason why this or that man is fortunate is not to be told. It lies in , the man; that is all anybody can tell* you about it. ' J The largest Hebrew orphan asylum In the world is-located in New York., The free ahd lovely impulses of hos- A pitality, the faithful attacliment of. „ friends —these, too. are a holy religion to heirt—Schiller. Whenever you buy oi; sell; let Ifor hire, make a definite bargain, and r never trust <to the flattering lie, “We shan't .disagree about trifles."—-Anon. He who pltads a tree, he plants love; heaven and earth help him who plant a tree, and his work its own reward shall be.—Lucy Larcom. The conqueror is regarded with awe; the Wise man commands our respect; but it is only the benevolent main wins our affections.—Anon. All the higher arts of design are essentially chaste. They purify the thoughts, as tragedy, according to Aristotle, purifies the passions.—Sohle-—-.i., .. ; ii •