Decatur Democrat, Volume 39, Number 10, Decatur, Adams County, 24 May 1895 — Page 8

INCOME T.W INVALID. Bupr< Court So ht'ciiles by a Vote of Five to Four. STRONG DISSENTING VIEWS. Jnallor Harlan CharHoterlxen th* DeolaInn M • Blow nt the Foundation* of National Authority—Parpone of Con(freM Defeated and a Large Amount of Bevcnne Loot to the Treasury. Washington, May 21.—The income tax law, which has received so large a share of the public attention since the beginning of the first regular session of the Fifty-third congress, is a thing of the past. After being twice heard in the United States supreme court, it was finally decided yesterday by that court to be invalid and unconstitutional. There were four dissenting opinions delivered in these cases yesterday. One each by Justices Harlan, Brown, Jackson and White, showing that the court had stood five to four against the law. In as much as one of these dissenting opinions was handed down oy Justice Jackson, and he was absent at the first hearing, when the court divided evenly on the question of sustaining the law on all points except those as to the tax on incomes from rents and bonds, it follows that one o£ the members of the court who at first pronounced for the law, except bn these two points, changed his attitude under the second argument. There is very little quest ion that Justice Shiras is the member who revised his views of the law. He,however, made no announcement, either yesterday or when the first opinion was delivered, as to his position. While the opinion of the chief justice was at large a review of the general aspects of questions involved, he based the action of the court upon the argu-. ment that the provisions of the law regarding the tax upon rents and bonds were so essential a factor of it as to render all other parts of it dependent upon them, and that in accordance with the well known rule of law bearing on this question of law, as a whole, must be declared invalid. Vigorons Disserting Opinions. The opinions of Justices Harlan and White were couched in language so vigorous and were so emphatic in their arraign jijeiit of the majority as to cause very general comment. Both justices /' JUSTICE WHITE.

indicated their belief that the ruling opinion was revolutionary, and intimated that serious consequences might ensue. Justice Harlan suggested the necessity for amending the constitution in view of the opinion. The courtroom was packed during the entire three hours when the opinions were being delivered. The unexpected event of the day was in the appearance of Justice Jackson. He had announced after casting his vote last Saturday a week that he would return on the following Monday to' Tennessee, but appears that instead he went to Philadelphia to consult a specialist on internal diseases. He left the bench immediately after delivering his opinion yesterday, and it is understood will now proceed south. He delivered hie opinion from notes. HARJLAN’S DISSENTING OPINION. Bay» the IJedslon Strikes at the Fonnda- > -lion of National Authority. Washington, May 21.—Justice Harlan delivered the principal' dissenting opinion. After a brief, argument against the position of the court construing taxes on incomes derived from rents a direct ‘tax he said: ’“ln my judgment this decision strikes at the very foundations of national authority, in that it denies to the general government a power which is, or may, at some time, in a greaW emergency such as war, vital to the existence and preservation of the Union. It tends to re-establish that condition of helplessness in which congress found itself during* th't period ot’ the articles of confederation when it was without power, by laws operating directly upon individuals, to lay and collect, through its own agents, taxes sufficient to pay the debts and defray the expenses of government, and was dependent, in all such matteng-upomlhe good will of the states, and promptness in making the ; requisitions made upon them by con- , gress. „ Purpose of Congress Defeated. Concluding, Justice Harlan said: “The judgment thus rendered defeats the purpose of congress by taking out of the r venue not less than $30,000,000 ‘ Mid p<>ssib''V $50,000,000 expected to be , raised train incomes. We know from the official reports of both houses of congress that taxation would not have been reduced to the extent it was by the Wilson act but for the belief that if the country had the benefit of revenue derived from the tax on incomes that could be safdly dona, In every possible way the two houses of congress indicated that it must be a part of, ariy scheme for the reduction of taxation and for raising revenue for the support of the government, that (with certain exceptions) incomes arising from every kind of property, and from every trade

and - calling should bear some or rhe burdens of the taxation imposed. If the court knows, or is justified in lielieving that congress would not have provided an income tax which did not include a tax on incomes from real estate, we are more justified in believing that the Wiison act would not have become a law at all without provision being made for it in the income tax. If, therefore, all the income tax sections of the Wilson act must fall because some of them are invalid, does not the judgment this day rendered furnish grounds for the contention that the entire act falls when the court spikes from it all of the income tax provisions, without which the act would never been passed? Favoritlum In Taxation. “But the court takes oare to say that there is no question as to the validity of any part of the Wilson act, except those sections which provide for a tax on incomes. Thus something is stated for the support and maintenance of the government. The practical, if not the direct effect of the decision, is to give to certain kinds of property a position of favoritism and advantage that is incon ■ sistent with the fundamental principles of our social organizations, and to invest them with power and influence that is perilous to that portion of the people upon whom rests the larger part of the burdens of the government, and who ought not-to be subjected to the dominion of aggregated wealth any more than the property of the country should be at the mercy of the lawless.” BOOKS CALLED IN. All Work on Income Tax Collection Stopped—Government Revenue* Short. Washington, May 21.—Commissioner Miller of the internal revenue bureau yesterday sent this telegram to all collectors of imernal Income tax law declared unconstitutional by supreme court. Stop all work in connection tnerewith, and send to this office ut once under seal all bonds, assessment lists, returns and records in your office or hands of deputies relating to income tax. The commissioner had for some time been prepared for an adverse decision of the court, but nevertheless it vis to him a matter of deep regret, lie believed in the constitutionality of the law and was inclined to regard the decision of the court as one which in its adverse effects be very far reaching. In his opinion fully $35,000,000 or §40,000,000 would have been collected during, the first year from incomes had the entire law been sustained by practically a unanimous court, and even after it had been shorn of its rent provision at least $15,000,000. and probably $20,000,000, he estimated would have been collected. As soon as possible those persons who have already paid their tax will be notified that under the authority granted the commissioner he will refund all such moneys on application of the payees. Although yesterday’s decision of the court will materially cut down the anticipated revenues of the government it is not thought that it will necessitate an extra session of congress, except some unlocked for contingency arises to make it unavoidable. It is known that the administration does not regard an extra session as necessary although the revenues during the last few months have not been at all. satisfactory. The customs receipts particularly are surprisingly low. The deficit for the fiscal year on Jan. 31, 1895, was $35,246,386. On Feb. 28 this had been increased to nearly $38,000,000, and on April 30 to about $45,250,000. The deficit as stated yesterday was $51,043,584. . David B. Hill 1. I’leaned. Albany, May 21. —Senator David B. Hill was greatly pleased at the decision in the income tax matter and he took no pains to conceal that pleasure. He is everywhere being congratulated on the decision. In relation to its general effects Senator Hill said: “The supreme court of the United States is entitled to the thanks of the country for its decision against a law which constituted class legislation; against a statute which sanctioned unequal taxation and against an enactment which was clamored for only by Populists, cranks and demagogues.” OPENED WITH BOOMING CANNON. State Military Encampment Begin, at Honston—Parade Today. Houston, Tex., May 21.—The boom of cannon at sunrise announced the opening of the state military encampment at Camp Culberson, Major General A. S. Roberts, commanding. A light rain fell in the morning, which necessitated a postponement of the parade until today. Several cavalry and artillery companies are on hand, besides company F, light battery, Third regiment United States army, and United States Fifth cavalry mounted band. Mrs. Hayes and Miss Winnie Davis, who will arrive tonight, will be given a grand reception. Generals S. D. Lee, J. O. Wheeler. John B. Gordon, A. S. Roberts, L. S. Ross and others have arrived and the city is rapidly filling up with veterans of both confederate and union armies. General Schofield will arrive tomorrow morning. Today is Houston day and all places of business are closed. Tomorrow morning the confederate reunion begins, and Mrs. Hayes and Miss Winnie Davis will meet all veterans at a public reception. The Southern Historical association, of which General Stephen D. Lee is president, is now in session preparing a report to be submitted to the union confejerata veterans convention on Thursday More than fifty veteran camps have registered, representing 14 states and Indian territory. Charged With Forgery.- — Eau Claire, W’is., May 21.—A war» rant has been issued by the Chippewa Valley bank for James G. Dulaney, mayor of Rice Lake,'charging him with passing a forged note on the bank for $6,000 signed by his father, W. H. Dulaney, a well known lumberman of Hannibal, Mo. Mayor Dulaney ia now under jarrest. Delegate. For Memphis. Mobile, Ala., May 21.—About 100 men met here last night and selected 20 delegates to the Memphis convention. Congressman Clarke challenged any free silver Democrat to debate with him at some future time. His challenge will be accepted. c In 1802 a sheep soldin France for sl, » pig for $3.

EVENTS INJNDIANA. Pearl Found In White River by Ed F. Gratani Proves te Bo Valuable. HELD FOR INCENDIARISM. Arthur Wolf Charged With Setting Fir* to a Saloon at Carthage—Outgrowth at Former Diffienltles—Drinkers nt English Fixing Bp n Seheme to Nvnde the Nlobol.ou L~W -* te Gosport, Ind., May 21. —Some time ago Ed F. Graham found a pearl in White river which some local dealers valued at SSO. His friends guyed him over his find.. Nevertheless he communicated with some New York expert, and the pearl was returned to him with a valuation of sls per grain. As the pearl weighs almost 20 grains, the value is material. A systematic search will now be made for similar finds. It is estimated that over 250 pearls were found last season, but this is the only one which weighed over four or five grains. If larger, they were usually full of faults. CHARGED WITH INCENDIARISM. ' Arthur Wolf Under Arrest For Burning 1 a Saloon at Cart ilage, I nd. Morristown, Ind., May 21.—Arthur Wolf, a former resident of this place but now of Carthage, is under arrest charged with burning a saloon Jn that place last fall. Young Wolf’s father took quite an active part in prosecuting John McCarthy, a saloonkeeper of that place. A very bitter feeling resulted, which culminated in McCarthy shooting and dangerously wounding Wolf on the streets of that, town. McCarthy was arrested for this assault and his trial comes off in the Rushville circuit court this week. A lew nights after the assault McCarthy’s saloon was burned, and young Wolf is now charged with the crime. He enters a denial. Gloomy Outlook For Farmers. Jeffersonville, Ind., May 21. —This section is in hard lines from an agricultural point of view. Although this is the greatest peach and small fruit heli in the middle west, there has not been a peach crop for three years. Last year small fruit was almost a failure, and this year it is no better. It affects the railroads also, for when there are good fruit crops they run special fruit trains to Chicago and Indianapolis. Add to this the fly‘in the wheat, cutworms and belated heavy frosts, and the picture is not very bright. Haritaon Declined Invitation. South Bend, Ind., May 21.—There is no truth in the report that ex-President Harrison will attend the golden jubilee of the university of Notre Dame, June 11, 12 and 13. It is officially denied by President Morrissey who says Mr. Harrison refused the invitation. President Morrissey goes to Indianapolis tins week and will try to get Mr. Harrison to reconsider, however. An Oil Deal at Bluffton. Bluffton, Ind., May 21.—The Columbian Oil company of this city has been sold to tne Warner Oil company of Hartford City. The property consists of 12 paying wells and 800 leased acres, and went for $23,000. The old company was organized at Montpelier three years ago. The stockholders received, in return for their investments, about three for one. Arthur Searles Released. Muncie, Ind., May 21.—Arthur W. Searles, who has been in jail in New York for defrauding railroad and steamship companies, while representing himself as an agent of the Indianapolis Sentinel, has been released. His father and mother went to New York in his behalf. Trying to Mvade the Law. English, Ind., May 21. — Alphonse Reeger & Co. have - advertised for a license to retail liquor in quantities less than a quart. Inquiry discloses the fact that nearly every drinker in the town is a stockholder, whereby he can have access to the saloon on Sunday. Attempts to Drown Herself. Hhrtford City, Ind., May 21. —Mrs. Smith Casterline, while temporarily insane, attempted to drown herself in an ice pond yesterdayaA farmer driving by found' her lyuffiFTunconscious. She was resuscitated, o|p; will likely die. Drove In •Front of a Train. New Albany, Ind., May 21.— Edward Dupont was instantly killed here yesterday in an attempt to cross the Monon track in front of a freight train. His body was fearfully mangled. He was 5b years old. Took Rat Polson. Logansport, Ind., May 21.—Timothy McCarty, 21 years old, committed suicide here yesterday by taking rat poison. 11l health was the cause. INDIANA ITEMS. The Christian church at Valparaiso will hold memorial services for ex-Governor Chase next Sunday. Twenty-one students will graduate from the Anderson schools this year.- Commencement exercises on Friday. Tobe Gladdys, wanted in Murphy county, Ky., for stabbing a constable recently, was arrested at Muncie yesterday. Ambrose Hamlin, an Indianapolis mailcarrier, has been arrested on a charge of stealing valuable packages from the mails. C. E. Cooper and Perry Clark at Frankfort had an altercation in which Clark fired two shots at Cooper, but missed his man. Governor Matthews is being urged to call a special session of the legislature to consider the Roby matter and the fee and salary question. A debate on “Christianity vs. Spiritualism,” to last four days, began at Muncie last night Elder B. F. W. Treat Os Muncie and Moses Hull of Chicago are the contestants. The jury disagreed in the case of James Truelock and Edward Kirk of Indianapolis, on trial at Franklin charged with robbing the grave of ex-Sheriff James M. Curry of Johnson county. . .. i V. ...Ay..

I ‘Ho Cartrtlf Well. weal Is IF | Have you any New Wall Paper? I should || say so! We have an endless variety of g H all new patterns at rock bottom prices, g |< paint •®l if . . We have airabundance of, hnd of the || II very best quality the market affords. . . g S REMEMBER: —We sell none but the best and the & I S best is the cheapest. Do not fail to call g and see us in our new quarters. East side || Second, street, opposite old stand. Yours to Please, V. H. NACRTRIEB. I

SUMMERS. Iv. summer, when the poppy-bed Lit all the lawn with glory. To shy. sweet eyes and down-bent head He told the old sweet story. In summer. When <the joyful swing The bride-bells swept the land. • He drew a golden wedding ring Upon her trembling hand. In summer, When the sunshine made A pathway to the sky, — Upon his breast she laid her head. And did not fear to die. —Josephine H. Nicolls in Century. A CAPER - JjE CUPID. “You are a vexatious vixen.” That’s what 1 said to Mary Brent., “ ‘Apt alliteration’s artful aid.’ Try again,” she smiled back at me. •‘lt’s no more artful than you are, I retorted. 7 v "Am I artful?" she asked in the most artless fashion. “Os course you are, and in addition, you insist upon having your own way.” “And what of that?” “It isn’t always the right way." '•Orthodoxy is mydoxy in other words?” “I wasn’t saying anything about orthodoxy,” said I, rather miffed. “So I perceived. It was simply mydoxy.” “You think I want you to go my way, do you?” ' “Really, I have never given the subject any great amount of thought.” “Open confession is good for the soul. I wonder that you confess to such a disregard of my wishes, considering what we are to each other.” Mary Brent was my sweetheart, to all intents and purposes, and I had been her devoted admirer, not to say slave, for months and months. We were engaged, or at least I insisted that we were to her, though I am free to admit that she had never altogether coincided with me on that point. Indeed, since I think of it in my cooler moments, there is more than one point on which we do not coincide. But it is rather late hew' to refer to the matter. “And pray,” she inquired, “what are we to each other?” “Much more than we are ,to any other persons that I know of.” “Let me see,” she said, holding up her pretty fingers and counting, “there’s Frank and Will and Charlie and Fred and Algernon and Dick and the captain and Jack and ” “That’s ehough,” I growled, “unless-* —” “Unless I continue the list to infinity with one other name, satd name being George,” she interrupted with a wicked little shrug of her shoulders. My name was George and she evi» dently was not forgetful of the fact that on more than one occasion I had coaxed her to call me by it, but with only “partial success. “What’s in a name, anyway?” I raid, as sullen as a whipped .schoolboy. “Nothing, of course, and for that reason I can’t quite understand why you want me to drop mine and take yours.” “I presume it Is because that is the custom,” I smiled, for I thought that was not such a bad point to make. “Um —er —um,” tshe gurgled, “custoMary? That's a good one, Isn’t It?” “For heaven’s sake don’t pun at such a time,” I groaned. < I confess I was not feeling remark-, ably hilarious, and I fancy it showed in my manner, if not io my face. “Come now,” she i:.id. much more kindly, “we are quarrelling and there Is no occasion to become quite so serious as that. If you want me to forgive you, I’ll be only too glad to, it you tWlnce the proper contrition.” She held out Iter hands and -I took them both jn mine quickly fenough. “I’m sure,” I said, smiling radiantly, “I wouldn't like you half so well If you weren’t just, the little minx you are.” ■.• ’ ' -i . ■ ■ i- •

I was going to kiss her. On my lite I was, and I stooped down in the prescribed fashion for administering that salute, but she dodged. “Thanks." she said archly from the other side of the room; “put that on paper. I don’t like verbal messages in such important matters.” I made a football rush for her, but she eluded me easily. I was considered rather handsome, though I was just stout enough not to be glib on my feet. "Mary. Mary, quite contrary,” I quoted with a puff, as I gave up the chase. ■■■• “Never pronounce ‘contrary’ with the accent on the second syllable,” she said with the air of a schoolmarm. “But that would ruin the rhyme,” I pretested. “Fudge on the rhyme. Are you a Tibet?” “No. but I admire a lovely poem.” “Yes?” and she looked the doubt In her mind of my taste in that regard. “Yes.” „ “And pray what is your favorite poem?” “ ‘Mary Brent.’ ” That was a master strake. I knew it was, for she blushed. Then she stepped over to,«T vase of flowers and got out a roeeKud. . “Let me put this in your buttonhole,” she said, coming tow'ard me. “In such important matters,” I said with mock formality, "I prefer a verbal message.” She touched the rosebud to her lips and handed it to me. “How dainty, that her choice shold be A rose t.o brlnj i er kiss to ins." Said I with a slight Silas-Wegg accent. “The devil quotes scripture for his purpose.” she laughed, "but cannot frighten me away with a verse-of poetry. I like it. and don’t you know,” here she looked me straight in eyes, “I rather like you.” “I should hope so,” I responded, feeling extremely well pleased with the turn affairs had taken, but still I kept on trying. And whatever woman loved a man because of his trying to make her-love him? I refuse to answer the question in this public place, but I know what, it is. “What can T <fo?” I asked in desperation. “I don’t know, dear,” she actually cooed, so soft was ,she. “Surely, a woman doesn’t have to tell a man that?” “My love, my labor and my loyalty are yours,” I said, putting • her hand on my arm, and looking into my face with those bright eyes of hers< softened to a gentleness almost unnatural to her. Os course 1 tried to kins her—what man ■wouldn't have tried under such circumstances? ’ “Not now,” She said, darting away, all spuirjcllng once more. “I’m going to a tea. Wait till I go and put on my wraps and go with me." She didn’t wait for an answer but was gone on the instant. "I’m awfully sorry,” said I when she came back, ready , for the street, “but I can’t go. I have a business engagement that must be kept and I, have only fifteen minutes left. You know how it hurts sometimes to make ‘I would’ wait upon ‘I must,’ and this is one of the times. But T can trust you now, and you will be all the nearer to me for this sacrifice.” , “You shouldn’t he too sure,” all womanly she half pouted, “But trust is the bond that binds us, little one,” I said with infinite tenderness. At least it was as nearly infinite as I could make it. Thus talking we parted at the door, she to go to the tea and 1 to keep my engagement. “Truly,” I thought, as I moved among the unthinking throng on the busy street, “woman is heaven’s beet gift to man, even if he hasn’t quite won her.” , As I went home to dinner that evening and the setting sun was throwing its golden red shadows under the great

elms, 1 saw Mary Brent and Jack < Lester walking slowly along, so absorbed in each other that they didn’t realize whether it was twilight or a rainy’ day last week. Th?n I thought of the motto on our silver coins*and I concluded that possibly It was just as well to confine the beautiful sentiment of trust to that and to that alone. That was four years ago, and I shall never—never —no ndver —see Mary ** Brent again.—Exchange. A N’rkH Stan<bi>*(l. Fiye cents was the value 'vhlch a Texas farmer once placed upon a minister’s prayer. The story is told in the Epworth Era of Rev. H. S. Thrall, mj. one of the pioneers of Methodism in Texas. In company wish a number of itinerants, who were on their way to conference, Dr. Thrall stopped to spend the night with an old farmer. It was ~ the custom then to settle the bill at night, so that they might rise about 3 o’clock in the morning and ride a good way before breakfast, and lie by in the heat of the day. Dr. Thrall, acting as spokesman of the party, said to the old farmer after supper: “We are a company of Methodist preachers going to conference. If you will get the family together we will have prayers with you.” After prayers, one by one settled his bill. Dr. Thrall’s turn came, and he asked for his bill. The old farmer replied: “Well, pa’son, I charged the rest twenty-five cents, but bein’ as you prayed for us so good, I won’t charge you but twenty cents.” The brethren luad the laugh on Dr. Thrall. in r. iii China. Yhe following is said to ne an exact *1 translation of the letter sent by a Chinese editor to a would-be contributor, whose manuscript he found it necessary to return: “Illustrious Brother of the Sun and Moon, behold thy servant prostrate oe- ' fora thy feet. I knowtow to thee ana beg that of thy graciousness thou mayst grant that 1 may speak and live. Thy honored manuscript has deigned to cast the light of its august countenance upon us. With rapture we have perused it. By the bones of my ancestors never have I encountered such wit. such pathos, such loftv thought. With fear and trembling I return the writing. Were I to puotish jf>. the treasure you sent me the Emperor would order that it should be made the standard, and that none be published except such as equalled it. Knowing literature as I do. and that it would be impossible in 10,000 years to equal what you have done, I send• ; your writing back. Ten » thousand V . times I. crave your pardon. Behold, my head is at your feet Do what you will. Your servant’s servant, “THE EDITOR.” — J ■ Dnni'iH atifl Il 14 Dog*# Fandiaesa for doas has been a marked ahaiucjpristic of many famous men. Os the great romancer Dumas it is ”* told that be once hkid a dog as hosplt- , able as wias his master, and that the' dog once Invited twelve other dogs to ft Monte Cristo, Dumas’ palace, named after his famous novel. Dumas’ facte*' \ tum-in-chief v anted to drive oft the ** whole peck. “Michael,” said the great romancer, "I have a social position to fill. It en- L. tails a flxrtd-amount c.f trouble and expense. You tay 1 have thirteen dogs, amd that they are eating me out of house-and home. Thirteen! That is an unlucky number.” ju, - "Monsieur, if you will permit me,' . tlhere is nothing left for me to do, I ’ must chase them all away,” said the servant. “Never, Michel, never,” replied the great writer. “Go at once a.i.d find- me a fourteenth deg.”—Harper's Young People. < V