Indianapolis Journal, Indianapolis, Marion County, 9 April 1895 — Page 4
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4 THE INDIANAPOLIS JOURNAL, TUESDAY, APRIL 9, 1895.
THE DAILY JOURNAL :, TUESDAY, APRIL 9, 1SH5.
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There are a great many people In this Country, who will be very indignant if the administration looks on while Great Britain attempts, to. punish the little republic of Nicaragua:1 There would be no deficit in the-treasury if the McKInley rate t duties were Imposed upon the present volume of imports. If the income tax faUs what recourse is there but to higher import duties? . V -'.- " . - Thirty years ago to-day Lee surrendered at Appomattox and the Confederacy came to an end as a Separate institution. There , have been seasons fince that event whea It seemed that the other side did the surrendering. When the agitation of international bimetallism is so strong as to lead bankers to meet " and appoint a' committee "to express the danger of interfering with the present standards," bimetallism in Great Britain lias made great 'progress. '- V '- The London Financial Times does not think there is much probability of Japan changing to a gold basis, so that when peace comes, with its indemnity to be paid by China, it will make an unusual demand for silver, which will cause its price to advance. As a general thing $100 would be considered a small price for a member of any Legislature, but after the exhibition which the Gcvernor and a member of the Arkansas Legislature made of themselves that number of dollars would be a very high price. . , .The New York law making it a misdemeanor for organisations to compel candidates to purchase, tickets to all' sorts of entertainments offends a large .number of excellent people, but It must be a relief to candidates who are the Victims of such blackmail. The last Congress voted 5800 for a bust of Aaion Burr, to be placed among those of other vice' presidents. He was the first man to turn traitor to his country, failing In the execution of his plan,1 as did Davis and others. But republics, If ungrateful, are also mercifully forgetful. Consul-general Morss, at Paris, informs the State Department that the apple crop of France this year is almost a total failure. If France and Germanydo not lake our meats they will take our apples and dried fruits. If it is true ' that every other year is a good apple year, a. full crop ihay be counted on in 1895. ' There is reason to believe that the Inauguration of Mr. Swift as Mayor of Chicago last night is the beginning of a municipal reform which will show that American citizens, when they give their attention to it, can accomplish as much as any other people. At any rate, trie movements of the new Mayor under the new law will be watched with deep Interest. ' '' The report comes from Pennsylvania that ex-Postmaster-general Wanamaker Is laying the wires to succeed Don Cameron as United States Senator, and that ,he and Governor Hastings are working together to relegate both Cameron and Quay to the rear. Governor Hastings is said to be an aspirant for the presidential nomination. If Mr. Wanamaker sets out to get Cameron's place the latter will have ' an opponent such as he has never met In the past. The ways of English courts of justice are in some respects superior to those prevailing here. A man sent to jail, for instance, on & criminal charge is not permitted to hold a dally reception of an rus menas who may wisn to can, nor is he treated as the sheriff's guest of honor, no matter hpw high his previous social standing has been. Oscar Wilde Is allowed to see but one visitor each day, and is granted : no indul- . gences. This is as it should be. The opposite course, so common here, has a tendency to lighten the stigma of punishment in the eyes of those who ought to be impressed with a dread of it, and makes of a prisoner a sort of melodra-. matlc hero. No tinsel halo will , encircle Mr. Wilde's head If the English authorities can help it. Fair-minded people, hold those men In contempt who use a public platform to declare that the President 13 a drunkard, as did a sensational preacher in Massachusetts last week. 3Ir. Cleveland is not a drunkard. He no doubt uses Intoxicating beverages, and has for years; but he has never neglected his duties because of his alleged convivial habits, and he has never appeared in public other than a sober man. All the facts In connection with Mr. Cleveland's, life were known when he was first elected, and after the people made him President the Republican press never demeaned itself by printing the,' gossip furnished bv dlsanrjointed members of his own party. He is now the Fresl-, Unt of the United States, and as such
his public conduct is such that it is an insult to the Nation as well as & gross libel to declare that he is a drunkard. The Republican press, with all of its partisanship, would scorn to. do what that preacher did in Massachusetts, chiefly because the charge is false, and partly '-because nothing but evil could come fjrom such a statement if it were true. There is a class of reformers who might take a few lessons in decency from the partisan press. STUPIDITY THAT RECOILS. If anything could strengthen the popular conviction that the last Congress was the most stupid as well as the mot worthless one the country ever had the decision of the Supreme Court on the income tax law should have that effect. The law4 was an outgrowth of the populistic sentiment in the Democratic party and a sop to the Populist party. Its ostensible object was to raise revenue, but the necessary revenue could have been raised without levying any direct' tax, and especially one so Inquisitorial and obnoxious as an income tax. The real object of the law was to hit the class variously designated by those whose chief business lg to make war on capital as "bloated bondholders," "money sharks," "gold bugs," etc. The income tax law was Intended to hit, all capitalists, but especially bondholders and large. owners of real estate. The populistic theory is that all rich men are public enemies, but of all classes of rich men the, most odious are those who own fnterest-bearing , securities and those who have large holdings of productive realty. The requirement of interest on borrowed money and the requirement of rent for the occupation and use of real estate is, according to the populistic theory, a most rascally and nefarious business. Hence the special desire to catch these two kinds of fish in the income tax net. But they are not caught. The net catches many other fish and some big ones, but the ones that the framers of the law were most anxious to catch get away. The Supreme Court holds that the tax on income from rents on real estate and from Interest on State, county and municipal bonds i3 unconstitutional. The law breaks down at the very point where its framers most desired it to be effective, and instead of bagging the game they were principally after the game escapes and the Populists are left holding the bag. Senator Peffer is reported as saying that "the decision will result in a great spread of populism." It ought to cause great disgust that Congress " had only sense enough to frame an Income tax law as full of Haws as a-sieve.. Is .of holes. It Is likely to prove like guns "which, though well aimed at duck or plover, bear wide and kick their owners over." THE FALSEHOODS OF ONE PAQE.
Professor Coin's statements, even on the same page, do not consist with themselves, much less with the facts of history. For instance, in' one paragraph on page 10 he says: During the struggle to get more silver, France made a bid of establishing a ratio of 154 to 1, and as our raito was 16 to 1, this made silver In France worth lOS'a when exchanged for gold, and as gold would answer -the same. purpose as silver for money, it was found that our stiver was leaving us. So Congress, in 1853, had our fractional silver coins made light weight to prevent their being exported. " Passing .? by the assumption 1 that France and other European governments; adopted the ratio of 15 to 1 after we had made the ratio 16 to 1, which is a falsehood, , because the European .nations adopted their ratio long before Congress established the ratio of 16 to 1 in 1834, and the change was not made to secure silver, let us copy a part of the next paragraph, as follows: So we had, prior to 1S73. $105,000,000 of silver coined by us and about $100,000,000 of foreign silver, or about $205,000,000 in silver in the United States. It should be. remembered that no gold or silver were In circulation between 1860 and 1873. Two hundred and five millions were in circulation before 18C1. " ' Thus it appears . that silver was so rapidjy leaving us in 1852 that the weight, of the half dollars was reduced from 2064 grains ' to 192 grains, and the smaller coins in like ratio, and yet while this rapid exportation of silver, worth here 100 and 103 in Europe, was going on there were those who insisted on bringing " us nearly $100,000,000 of foreign silver coin bringing it to the lowest market for silver 1 in the world. There was no time from 1834 until 1873 that the silver dollar of 412 grains was not worth from 102.25 to 105.22 as bullion. Professor Coin told the truth when he said "our silver was . leaving us" In 1852. It had been leaving us since the change of the ratio In 1834, and even before. As a matter of fact, there was no considerable part of $205,000,000 of silver in circulation or in the country in 18C1. July 1, 1861, all the specie in the country was $250,000,000, and before the close of the next fiscal year that had disappeared except $25,000,000 in gold in California. When specie payments were suspended paper money at 95 drove out gold at 100, and the subsidiary silver soon after, both going to Europe. The subject was discussed in Congress in 1850. Pending the reduction of the weight of the subsidiary coins the silver dollar was worth 104 as bullion, two halves the same. A five-dollar gold piece was exchanged by bullion dealers for ten half dollars, and the profit by the exchange was 25 cents when the half dollars had been melted Into bars for export. On this point Mr. Dunham, chairman of the House committee on ways and means, in 1853 said: ' There is, then, a constant stimulant to gather up every silver coin and send it to market as bullion to be exchanged for gold, and the result Is that the country Is almost levoid of small change for tne ordinary transactions. In the same speech Mr. Dunham said: "We have but a single standard for the last three or four years,t and that has been and now is gold." The same day Mr. Skelton, of New Jersey, s said: "Gold is the only standard of value by which all property Is measured; it is virtually the only currency of the country." . These quotations are made not in defense of a gold standard, but to show that all the assumptions of Professor Coin and his coterie to the effect that there was at any time in fifty years before 1873 any considerable quantity of full legal-tender silver mc.ney in the country are false, utterly so. In another paragraph on the same page the "Professor" says: On account of the scarcity of silver both Jefferson and Jackson recommended that dimes, quartern and halves would serve the people better than dollars until more silver bullion could be obtained. This was the reason why only 18.000,000 of the $105,000,000 of silver were coined Into dollars. ' That was not the reason or any part
of the reason. May 1, 1806, President Jefferson ordered a suspension of the coinage of silver dollars, and no issue of silver coin of that denomination was stamped until 1836 thirty years. The reason of suspension is given In Secretary of State Madison's note to the director of the mints, dated - May 1, 1806, which is as follows: In consequence of a representation from the director of the Bank of the United States that considerable purchases have been made of dollars coined by the mint for the purpose of exporting them, and as It is possible that further purchases and exportatlons will be made, the President directs that all silver coined at the mint shall be of small denominations, so that the largest shall not exceed half a dollar. Here, again, Professor Coin Ignores the facts of history and puts into the mouth of Jefferson other reasons than those he gave for the suspension of the coinage j of silver dollars. In fact, he ignores the order of suspension altogether. These are samples of the misleading statements and falsehoods of Professor Coin found on a single page of his book. There may not be so many on other pages, but these are sufficient to cast suspicion upon the whole work. HYPNOTISM, CRIME AND THE LAW. If the decision of the Kansas courts that hypnotism may be an element in the commission of crime is to be a precedent in criminal practice It opens a wide door of defense to those who actually commit evil deeds. In the Kansas case Thomas McDonald, without , apparent provocation, shot and killed Thomas Patton. Her was tried for murder, and set up the plea that he was neither legally nor morally responsible, having been under the hypnotic influence of Anderson Gray. He was acquitted and Gray was then tried and found guilty of murder in the first degree, though he was not present when the crime, was committed. The evidence went to show that by means of hypnotism he caused McDonald to do the deed. The legal recognition of. this power is a very serious matter. It is not well understood even by scientists who experiment with it. Some of them assert that the will ppwer and consciousness of one Individual may be so completely subjugated by the mentality of another that he. has no control over ' his own movements; others maintain that this subjection extends only .to certain fixed, limits for instance, that if the hypnotizer directs his victim to plunge a knife into a man's heart he will withhold the blow at the critical moment unless be is himself inclined to the crime. Still others doubt whether hypnotic influence can go e;en to this extent, but recognize it only as the action of one mind upon another more direct and noticeable than in ordinary manifestations of the same force, but by no means so complete and overwhelming as often described. Such persons look with great distrust upon all professional end public , exhibitions of so-called hypnotic power and decline to accept unquestioningly all apparently authentic tales concerning this mysterious Influence. Certainly, it would seem that the phenomena of such mental action are not sufficiently, understood nor, well enough classified to enter into the domain 'ot acceptable legal evidence. If the Kansas courts had merely treated the Case under consideration as one in which one' rascal, being a ruling spirit, exercised a strong personal influence over another their rulings could be better understood and would come within the realm pf common sense; but in such event the man who committed the deed at the instigation of the other would not be relieved of entire . responsibility. By clearing McDonald entirely they admit the possibility that a murderer may be an Innocent and helpless agent. It is a dangerous conclusion. What is to hinder any criminal from setting up the same defense and laying the blame upon whatever person he may choose? Blixt, the man who killed Miss Ging at the command of Harry Hay ward, has already put forward the plea of hypnotic control, and, with the Kansas precedent in his favor, may escape punishment for his crime. In the old Salem days innocent men and women against whom others cherished grudges were declared to be witches, and some of them were hanged. It is the same sort of principle precisely that is in operation here. In that day people were "bewitched;" now they are "hypnotized." We are not getting on so very fast In the paths of intelligence.'after all. BIBDLES IX THE AIR.
.Hope for Her. Wickwire Bah! Women never invent anything. Mrs. Wickwire No; but the new woman will. Just you wait till she has had the practice in inventing excuses that the men have had. . one of Their Concern. Hungry Higgins Wot's all this talk about honest money? . Weary Watklns Honest money, pardner, ain't got nothin to do with us. It is a sort of slang phrase for money that suckers works for. - " Provided. - Two twinkling eyes of clearest blue; . Two rounded cheeks of ruddy hue; Two lively legs of sturdy build, A curly head with mischief filled; In short, a live and healthy boy, "A father's hope and mother's joy." Browbeat him now, the while you can. For some day he will be a man Unless he gets Stuck on smoking cigarettes. Ticklish. The man who tells the truth at all hazards and still tries to be tactful had a pretty hard time of it yesterday. The mother of a first baby appealed to him to testify that her baby was the smartest ever seen, ending with "you have, seen him, you know, and you must know it is so." "Honestly," answered the truthful man, "I couldn't see any difference between him and any other baby." Then he hastened to add: "But, dear me! That is no sign you are wrong. It has been nearly a week since I saw him. I don't know how smart he is by this time." . . A New York paper describes the invention by "an earnest church worker" of a religious toy to be used as an aid in teaching spiritual truths to children. This toy consists of a numt t of email blocks which, when put together properly, form the "true cross." On these fragments are words and sentences which are made to tell Bible history, chronology, biography and the; plan of salvation. .The kindergarten and object lesson system has Its merits, but when it is sought, by means of a mechanical puzzle, to teach spiritual truth and the way to. be saved, the plan seems in danger of being overworked. 1 ; A New York society reporter, who professes to represent the Inner circle of the four hundred, says that with Mrs. Paran Stevens and Ward ilcAuirter both gone no one Is left with the capacity or willingness
to act as the introducer of new social acquisitions; but this he regards as rather gratifying than -otherwise. "One result that I look for on account of the removal of these two personalities," -he says, "is a reaction toward excluslveness in society. Taking all the new blood that has found its way in during the past quarter century, mingling it Judiciously-with our own more cerulean fluid, w might do well to close the doors against further accessions and take stock of ourselves, as it were." Dear, dear! But before they do close the doors somebody j-cught to advise them to read Nordau's "Degeneration," and then considjr, in taking stock of themselves, whether the stock is not in danger of running out. Has Phoebe Couzins one of Senator Fair's wills concealed among her possessions and to be produced presently, ' or why is she lingering in the neighborhood of his bank account and making a holy show of herself by talking of ' her "dead love" and her agonizing grief at her loss? If she wanted to enjoy, her grief in private, as she says, there was nothing to hinder until she began to talk about it.
Another American girl Is reported to be engaged to marry a member of the British aristocracy. Poor thing! But perhaps the papers will be kind and say as little as possible about her misfortune. THE IXCOME-TAX DECISION. The decision upon the income tax case largely exempts, people with great incomes, but the manufacturer, merchant and salaried men must walk up to the collector's office and settle. Cincinnati Tribune. And this Is the outcome of the Popu-listlc-Democratic" alliance! Landlords and coupon-clippers escape and the producers pay. The result would be laughable if the sense of outrage was not so strong. Cincinnati Commercial Gazette. The value of -the law as a revenue producer is very much lessened, and as it had no merit except from what it was expected to do in the way of filling up the revenue deficit, the best thing to do with it will be to repeal it. Louisville Commercial. The injustice, of taxing the income from a hundred thousand dollars invested in manufacturing and not taxing the income from the same sum invested in productive city or country property is too glaring to be overlooked by the next Congress. Chicago Tribunev. . This new decision, as It stands, has converted a bad law into a barbarous one which will neither discourage the concentration of vast wealth nor supply the government with adequate revenues. The only possible course to be taken now is to repeal the odious law at the earliest possible opportunity. Chicago Record. , The very classes which the Southern Democracy was most anxious to tax, the rich landlords and bondholders, will escape under this decision, and the tax will become more inequitable and unjust than intended, and will provoke a public condemnation 'which will necessitate its speedy repeal. Pittsburg Commercial Gazette. If there Is any truth in the forecast of the decision of the Supreme Court in the income tax case it .would be better for the country that the entire law were declared invalid. The exemptions which the court is 'said to inject into the law relieve the very class which the framers of the law Intended to reach. Detroit Fr-e Press. ABOUT PEOPLE AND THINGS. General Booth fs 'planning to send a colony of 10,000 persons to Canada. - The latest pretender to the "throne" of France is Mohammed-ben-Bourbon. He claims descent from one of the Bourbon princes who went to Algiers at the time of Louis XIV. ' He . is a cattle dealer at Rougie, in Algeria. - Dr. William, H. De Puy will, on the 1st of May, retire from the assistant editorship of the Christian Advocate (Methodist), a position which he has held for nearly a quarter of a century and henceforth devote himself to literary pursuits on his own account. . . , t . . .... Dr. Clancy, of .the Cambridge (Mass.) school board, has succeeded in abolishing the use of slates, sponges "and slate pencils in the schools 'of the " 'town. Before many years, probably, the paper pad will -have entirely supplanted slates in the. public schools. ,.,;',.. - The . German .Emperor's imperial train cost $750,000, and took , three years to construct. There are altogether twelve cars, ircluding two nursery carriages. The reception saloon contains several pieces of statuary, and each 'of the sleeping cars is fitted with a bath. . , - William Morris, the English poet: rejoices in the possession of a prodigious memory. Given a fair start (in any sentence in Dickens's works, he will complete that sentence with very little deviation from textural accuracy. Were every copy of "Pickwick Papers".' destroyed to-day, William Morris could write the book almost word for word as it now stands. Mayor-elect George B. Swift, of Chicago, was born in Cincinnati, but spent his boyhood in Galena, 111. ' He began his business career In Chicago, as cashier of the drug house of Lord & Smith. f Then he became a partner in the firm of Frazer & Smith, manufacturers of lubricating oils, and In 1870 became vice president of tne company. He first entered politics in 1879, when he was elected an alderman. Since then he has been a United States treasury agent, comm'ssloner of public works and Mayor for the unexpired portion of Mayor Harrison's term. The bishop of London, bo runs the story, once called In an eminent architect to plan certain alterations in Fulham Palace. When the architect presented the plans- the bishop said: "I sha.ll be glad if you will tell me for how much I shall draw a check on account of the trouble you have taken." "I thank your lordship 100 guineas," was the disconcerting reply. "A hundred guineas?" "Yes, my lord, that is my fee." "But, sir, many of my curates do not receive so much for a whole year's services." "That may be very true, my lord, but you will remember that I happen to be a bishop In my profession." It is, perhaps, superfluous to add that the check was paid over In silence. Says an old Pennsylvania farmer: "I always know when there Is to be a windstorm by watching the turkeys and chickens go to roost each night. In calm weather the fowls always roost on their pole3 with their heads alternating each way; thai is, one faces east, the next west, and so on. But when there is going to be a high wind they always roost with their beads towards the direction from which it is coming. There are reasons for these different ways of roosting. I take it. When there la no wind to guard against they can see other danger more readily if tney are headed In both directions, but when wind Is to arise they face it because' they can hold their positions better. But the part I can t understand," he concluded, "Is how the critters know that the wind is going to rise when we mortals lack all intimation of it. AFFAIRS IN HAWAII. Native Urged Favor Annexation as it Means of Overthrowing? Dole. SAX FRAXCISCO. April 8. Advices from Honolulu by steamer Peru, dated March SO, received this morning, are as follows: The most Important event of the past wek was a mass meeting of annexationists, under the auspices of the American League. C. B. Wilson, the ex-Queen's agent, an! C I Hopkins, also called a convert to the new annexation movement, were among the speakers. They advised the natives to favor annexation as the only retraining weapon to overthrow the present feovornment. The natives were secratly warned to keep away from the meeting. President Dole is expected ut issue a proclamation summouing the Legislature to meet May 1. A special election for Representative in .the fourth tUstrict has teen called. The candidates are Deputy Attorney-general A. G. M. Kobertson (;" trnnient) and Paul ; Neumann (independent.) The conservative element and the American Union party split on Robertson, and Neumann may possibly be 'elected. The military and the Cabinet, at a jo.nt meeting, have agreed on 'Jie d3ir.ibliky of obtaining a United States officer a coionel. the recent revolt showing a lack ct rrMitary skill on the part of the otl'.cers tm the necessity for a ' trained leader. Thc suppression of the rebellion la ascribed to the idiocy of the enemy ratner than to the skill of the government troops. Grief Causes Snlclde. HEPHIZBAH. Ga., April 8.-Grlef over the death of a. sister caused Elisha Wiswrtl. a young man. just of age, to commit suicide, thia morning by shooting a pistol ball through his heart. The family is from Illinois, and recently came her.
LANSING APOLOGIZES
BOSTON'S PREACHER WAS HASTY IN CRITICISING THE PRESIDENT. He Withdraws the Statement that Mr. Cleveland Was Drank and Expresses His Regrets. BOSTON, April 8.-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, to-night declared himself as follows on the subject: "My allusion made in a temperance "address, at Salem, on Thursday. April 4, to the drinking habits of the President of the United States were based partly on common report and partly on the testimony of an eyewitness. From various independent sources, which I believed to be wholly reliable, I had been informed that the President had been seen on different occasions, and in the presence of many persons, in an intoxicated condition. From the circumstantial and detailed character of these statements, I supposed there was no doubt as to the facts alleged. I, therefore, made this allusion, as a matter of common report, basing my confidence on the testimony of personal, and, as I supposed, credible witnesses. The names of these witnesses, obviously, I cannot with propriety reveal, since, sharing their knowledge In common with many others, they might justly shrink from being singled out and called to verify that which not only they, but others equally with themselves, had a clear proof. I must, therefore, say that if my statement reproducing such testimony is not in harmony with the facts I regret having made it. I could have neither desire nor motive for saying anything unkind or uncharitable of the President or of any party whatever. "The case being one of the conflict of testimony between witnesses of equal credibility, I cannot decide which, and since I have no personal knowledge apart from the . testimony, I withdraw the statements and tender apologetic and sincere regrets to the President of the United States and to the public." -' What Depcw and Others Say. NEW YORK, April 8 The World to-day says indignation of the intensest kind has been exhibited along the Democratic side of New York and other cities over the attack made on President Cleveland at the Now England Methodist Conference by the Rev. I. J. Lansing, of Boston, charging the President with drunkenness at a public dinner in New York. The three dinners referred to were those of the Chamber of Commerce, given at . Delmonlco's. on Nov. 15, 1S92; a dinner at the home of Henry Villard, two days later, and that given by the Reform Ciub, Dec. 10, 1892. Chauncey M. Depew said last night: "There is only one reply that can be made to such a story it is absolutely contemptible and absurd. At the Chamber of Commerce dinner I sat near Mr. Cleveland. I saw him from the time that he came in until he went away. I can say that he was absolutely sober and in full command of his faculties. He conducted himself in the wy that the world at large would expect front the President of the Unitel States." Frederick R. Coudert said : "The suggestion or the assertion that President Cleveland was drunk is too contemptible for notice. I was present . at the Reform Club dinner of that year. I sat next or almost next to the President, and I say that he from first to last conducted himself as a gentleman and in a manner befitting his office," E. Ellery Anderson said: "I was one of the guests at the dinner given by Mr. Villard. Incidentally, too, I presided at the Reform Club dinner. On both these occasions, as on every other one which I have met President Cleveland during an acquaintance of many years, he has conducted himself In a way, if possible, to increase the respect of his fellow-men. We all felt proud of our President. He was always a gentleman." The Rev. W. H. Vibbert, of Trinity Chapel, said: "The story is ridiculous and worse than untrue. Dr. Lansing has been misinformed. I was present at the Chamber of Commerce dinner, sat next to President Cleveland, talked to him, heard ht3 admirable address, and can say that be was in the fullest command of himself from first to last. How on earth such a story could be told puzzles me. It Is almost too absurd, for deniaL" '. FLAWS IN THE LAW. (Conelnded from First Page.) complainant is a stockholder, impleading the corporation, equitable rights supervene, is, in my . opinion, clearly unsound. "Seventh This principle is clearly applicable to a United States tax. especially in view of the mandatory terms of the act of Congress forbidding an injunction. "Eighth The assertion that the claim here asserted is not of a right to have the corporation enjoined from paying the tax, but simply of a right to have an injunction against a voluntary payment, such as would deprive the stockholder of his legal privileges, I think a mere subterfuge "Ninth If the purpose of this bill Is to prevent a voluntary payment, then the case gives rise to no necessity for determining the constitutionality of the law. "Tenth In such a case the proper remedy Is a writ of mandamus to compel the corporation to conform to the duty of paying under protest, so as to preserve the right of suing to recover. This remedy could be resorted to. and, I take It, would be allowed, without deciding the question of constitutionality. "Eleventh This being true, the theory here adopted that it is necessary to pronounce upon the constitutionality of the law in order to protect the rights of the stockholders seems to be unsound. : "Twelfth The only decisions referred to in the opinion as supporting the conclusion reached by the court are Dodge vs. Woolsey, 18 How., 331, and Hawes vs. Oakland, 104 U. S., 450. Neither of these authorities in my Judgment, sustains the position In support of which it is cited. The first of these cases Involved a question of State tax, and. therefore, was clearly outside of the rule applied in the case of United States taxes. The second case was a controversy between a stockholder and a corporation in regard to the administration of corporate affairs. It Involved no question of taxation whatever, and. therefore, the decision did not deal at all with the act of Congress or the enforcement of the continuous line of decisions of this court, holding that It will not restrain the payment of tax cr allow relief in the premises until the party had paid, and Issuing redress for suing for recovery. - "Thirteenth It seems to me that the court ought not to overrule its previous decisions in a matter of this kind, cspe cially when the result of so doing Is to strike down an act of Congress and deny the existence of a power of taxation. In the federal government which has been rec ognized by this court for many years. MERITS OF THE LAW. On the merits of the act, Justice White made the following points: "B'irst The government of the United States possesses plenary powers of taxationall powers which belong t any government as such subject only to the lim itation imposed by the Constitution In forbidding the levying of an export tax. "Second This power, unlimited in itself. Is limited as to form by the requirement that direct taxes shall be apportioned according to. population, and duties, excises and Imports shall be uniform throughout the United States. "Third The limitation as to apportionment is not a limitation on the power of taxation, but a limitation of the manner in which the power shall be exercised. "Fourth Whether a federal income tax is direct or indirect does not depend alono upon the theories of economists, but upon the sense in which these words are used in the Constitution, as heretofore interpreted. "Fifth Shortly after the Constitution was framed (1794) Congress put a construction on these words by imposing a tax on carriages. The act was passed by a large majority, and was approved by Washington. "Sixth The above act was ccnddred by this court in the Hilton case, in III Dallas, and its constitutionality was maintained, the reasoning of all the judges clearly showing that the word Mlrect' in the Co a stitution had a technical meaning. "Seventh From the date of that decision to the present time the authoritative writers on the Constitution have agreed that its effect was to give a peculiar' significance to the word 'direct' as used In the Constitution: and it U by reason of this peculiar significance that It has been settled that an income tax may be levied by the federal government. "Eighth The significance attached to the word 'direct in the Constitution by this court nearly a hundred years ago waa acquiesced in and adopted by the other departments of the government. "Ninth From 1861 to 186S many acts were yassed by Congress levying an lncomo tax. These acts imposed a tax on incomes from every source. They were parsed by overwhelming majorities, and their enactment demonstrates the consensus of opinion regarding the effect of the interpretation of the Constitution made by this court many years before. "Tenth Every case in the lower courts 'involving the validity of these laws whic I can find was decided in their favor."
Justice White then reviews each of the previous decisions of the Supreme Court in similar tax cases, and adds:, "These repeated decisions, it seems to me, remove the case from the domain of controversy. The decree here rendered does not overrule these cases directly, but, in my opinion, it does so by indirection. The decisions cited here determined not only that a general income tax Is constitutional, without apportionment, as being an indirect tax, but that the Inclusion therein of the rentals of real estate does not make it direct. CONTRADICTORY. "The opinion of the court to-day in holding that the inclusion of rentals of land in the income tax renders the tax direct quod hoc, not only reverses the decisions I have cited, but involves, it seems to me, a contradiction in terms. It the income, as such, levied on an individual according to his income is not a direct tax, how tan it be said that the inclusion therein of rentals derived from real estate makes it a direct ttx pro tanto. This Inclusion assuredly reaches his real estate only In an Indirect way. The effect of the decision appears 10 be tc held that that which is direct is indirect, and that which is indirect is direct. "The contention that the legality of the Inclusion of revenues from retl estats in an income tax was not involved in the decisions heretofore rendered upon the matter in hand seemed to me untenable. The test of the thing adjudged seems to me conclusive here. Could the insurance tompany m the case just mentioned have been heard, after the rendition of the decree, to assert that it was not bound to include its revenues from real estate in. its return made under the law then in force? If it had undertaken to do so, on the ground tht. so far as those revenues were concerned, the income tax was direct and must, therefore, lie appcrtioned among the States according to population, would not this plea hava been conclusive against it would not thi3 court have said, in effect: 'The issue previously presented was the liability of your entire Income to taxation. You hav a'-eady elaborated fully your objection to tha inclusion of rentals from real estate in the estimation of your income. Our decree was rendered in response to .1 request from ttie court below for our opinion upon the validity of the income tax a a whole ard rendered it to be valid in Its entirety. 3ut the decision that to include the rent of icalty in an income tax involves the levying of a tax on the realty, such as must be apportioned under the Constitution is, ir, my opinion, untenable. J he question is not, according to my view, whether such inclusion affects real estate, but whether the tax thus levied Is a direct tax thereon, within the meaning of th Constitution. "According to the very words of the statute this tax is indirect. It Is in no sense a tax on land as such. It places no burden on real estate, if it is not rented, or if the rent is not collected, or if the owner occupies his land himself. It puts no direct burden under any circumstances, for it allows the deduction from the income derived from land and all other sources of $4,000 as well as all expenses incurred In the transaction of business. The fallacy of the opinion, as I see it, lies in the assumption that the Constitution forbids an indirect taxation ot land by . the federal government without apportionment among the States. It fs only direct burdens that must be so apportioned, and the tax on Incomes Imposed by the statute now under consideration Is, in its essence and by the very terms of the law, indirect In every regard. In mv Judgment the position here assumed Is full of danger to our institutions. The august power lodged In this court of passing on the constitutionality of acts of Congress has always been discreetly and carefully exercised. I believe this is the first case in our history where authority which has been conceded to Congress by nearly one hundred years of acquiescence in all departments of the government and has been sanctioned by repeated adjudications of this court, has been judicially denied." JUSTICE HARLAN'S VIEWS.
Rents from Lands May Be Taxed, hut Not State or Municipal Bonds. Justice Harlan, in his dissenting opinion, said: "Passing by the question of the Jurisdiction ct the courts of the United 8 la tea to enjoin the collection of the taxes or any of them imposed by the act of Congress, I am of opinion: . .. "First That upon principle as well as under the former decisions of this court a tax on gains, profits and income derived from rents of land is not a direct tax on land within the meaning of. that clause of the Constitution providing that direct taxes shall be apportioned among the several States according to their respective members. - "Second That under numerous decisions of this court the interest of income derived from bonds issued by a municipal corporation of a State is not the subject of specific taxation in any form or for any purpose by the United States any more than the interest or income directly derived from State bonds is the subject of national taxes. The States cannot tax the instrumentalities of the United States nor can the United States tax Uie instrumentalities of the State. So this court has frequently adjudged. This is not a question as to the form of levying a tax (whether direct or indirect), but whether the thing proposed to be taxed can be taxed at au in any way or for any purpose by the United States. Under the decisions of this court the United States cannot, by any form of taxation, impose burdens on the instrumentalities employed by the States in execution of the powers fully committed to them. "Upon the two questions referred to, and which alone, so far as the merits are concerned, the opinion of tne chief justice 13 directed, I am in entire accord with Mr. Justice White. I say nothing about the questions upon which the court Is equally divided, because in respect to those questions the opinion of the chief justice is silent." TWO INSANE SPINSTERS. Sisters, Worn Ont by Watching Their Crasy Mother, Attempt Suicide. NEW YORK, April 8. In the Insane pavilion at Bellevue Hospital there are two spinster sisters. For twenty years these women have tended their mother, who is insane and bedridden. Thelp1 father was in an asylum for five years. Yesterday, worn out by the long and constant watch over their mother and in the belief that some day they would come to her condition, both women tried to kill themselves. The women are Mary A. and Harriet McArdle. The first is forty years old and the other thirtyseven. Their father, James McArdle, is now eighty years . old. He . Is a retired builder. Shortly before noon yesterday the father 'went to church. He had been gono but a little while when Mary, going Into the kitchen, found Harriet pouring carbolic acid into a glass of water. Alary watched her sister until she put theglass to her lips; then she dashed it from her hand. After that there was a struggle between the two women, for Harriet insisted that she must kill herself, and tried to jump out of the window. The cries of Mary alarmed the neighbors, who hurried inta the place. After half an hour Harriet became calm. All the neighbors left them except two women, who said they would stay during the afternoon. Mary, in telling them about the troubles of her life, became so excited that suddenly she jumped on the sill of the open window and would have thrown herself to the courtyard, three stories below, had not one of the women present grasped her about the waist and draggtd htr back into the room, it was the sister Harriet now who quieted her sister. But Mary grew worse until Harriet, in her efforts to calm her sinter, became hysterical. When the father got home late in the afternoon he saw that affairs were beyond his control and he called in the police. As the offlctrs entered the room they were beset by the sisters, who begged ts be given pistols wltii which to kill themselves, and. being refused, pleaded with the otlicers to kill thm. When the doctor arrived the women became calm. They said they knew perfectly well they were It'eane, and were anxious to go to the hospital. Snstfitned liy. McKInley. - ' COLUMBUS. O., April 8 Governor McKInley to-day sustained the three, police eemmissioners of Cincinnati who refused to vote for the removal of Lieutenant Hehean. The story runs Ihus: A committee of the reform league asked Hehean to arrest certain persons who were giving a theatrical exhibition on Sunday. The lieutenant refused, stating that he had been Instructed by Mayor Caldwell to make such arrests at the elope of the performances upon prcper proceedings. The officer being sustained by three police comm'sloners. the league carried the case to the Governor, who appoints polk-e commissioners for Cincinnati. The league desired the dismissal of the officer. Shot ly llnrgls.ru. DENVER. Col.. April 8. Philip Gaffron. a watchmaker, was shot by burglars about 2 o'clock this morning, in house No. .1130 Ashland avenue. Highland. Oaffron was aroused from sleep by his wife, who told him there were burjclars In the house. Gaffron Jumped out f bed. secured a revolver and ran down stairs In his night clothea. One of the huraHrs fired at hlra twice and he fell dangerouf'y wounded In the abdomen. Two men then jumpeJ from a window and. Jo'nins third one who was ou watch outside, escaped. - -
WORSE THAN SAHARA
SAND ALONE WORRIES TRAVELERS ON THE AFRICAN DESERT, Bat on the Kansas Prairies Life Is Periled by Both Snow and Sand A New Enemy for Railways. KANSAS CITY, Mo., April 8.'-The railroads have been battling with a new enemy; in western Kansas and eastern Colorado since last Friday night. It was a combination sand and snowstorm, which" swept over those regions, completely demoralizing train schedules and causing serious Inconvenience and discomfort to travelers. The flakes of snow and particles of sand mingled and were driven across the prairies at a terrific speed by the gale which blew' incessantly for two days. There was no loss of human life, because the storm was not accompanied by the usual degree of cold, but many cattle and horses in western Kansas are reported to have been suffocated by the whirling clouds of Band. The sand and snow filled up the railroad cuts and buried the tracks. . The snow melted and the sand settled down in a hard, unyielding mass. Rotary snow plows and all the modern mechanical appliances for bat-' tling with snow drifts were useless against this new enemy and the railroad companies were compelled to engage men with picks and shovels to remove the sand from the ' track. The work was begun while the gale was still in progress and the suffering of the workmen is said to have been intense. The particles of sand, driven by a sixty-mlle-an-hour wind, cut through the clothes -of the men and perforated their skin like knives. A few hours' work was all that a man could stand without seeking shelter from the blinding, suffocating storm of sand. On board the belated' trains the con- . dltion of the travelers was not much better. Every door and window was kept closed to shut out the sand, yet it sifted ' in persistently until the floors of the cars were covered and everything was gritty ta the touch. The air In the cars became hot and stifling and the passengers in several instances were compelled to go without food. , The first train since r riaay to reach tnis city from Denver, except the Burlington trains, wasHhe Missouri Pacific train, which arrived yesterday. The Burlington's tracks were outside of the storm belt and its train schedule was npt affected. The Santa Fe's Colorado train arrived last night after t a protracted battle with , sand and snoiy , drifts. The Union Paclflo did not bring In a single train from Denver until 5 o'clock this evening, when its "Overland" reached the Union Station. The train was held ir Denver until a cut near Cedar Point, Kan., which was filled with a -drift of sand for a distance of 250 feet, was cleaned out. No ' Rock Island trains from the West had reached here up to 1 o'clock this evening since Saturday. Two belated trains arrived at the Union Depot at 8 and o'clock, respectively. Reports as to loss of live sU,ck have not reached here yet owing to interruption of telegraph service. No direct wires were secured to Denver until this forenoon, the telegraph companies being compelled to send their business for Denver and points beyond via. northern route. There is every probability, however, that when reports begin to come in they will show that cattle on the ranges have suffered great hard- , ships and it Is not improbable that considerable loss was sustained by the stockmen. Snow Over Thirty Feet Deep. DENVER. Col.. April 8. Belated travel- " ers from the east report that the storm , through Kansas was the worst ever known. In that section. Many of the . pasnger trains now more than forty-eight hours late, are battling with snow and sand on the prairies. Superintendent Bogard, of the Union . Pacific, with headquarters at Cheyenne Wells, has a large force nt work clearing the tracks. In places, within sixty or seventy miles from Denver, the snow was found in cuts from thirty to forty feet deep, . being near the tops of the telegraph poles in some instances. The Rock Island experienced more trouble, perhaps, than any other line. The first train from the. east over this road in sixty hours arrlvea today. The Missouri Pacific, the Kinras rWtclfic division of the Union Pacific and the Santa Fe were also hampered. Trains are getting through on all the roads to-day. The reports from northern Colorado and Wyoming are to the effect that the wind and sand storrn was so fierce that men at work clearing the way were obliged to wear covering for their faces, the sand cutting, even through the cloth, like a knife and lacerating the shovelers in a painful manner. The loss of range stock in some portions of eastern Colorado, it is said, will amount to 20 per cent, of the . total. Many cattle wandered into Hugo, Col., and perished. They had been driven before the north wind over two hundred miles. Steamer Sunk by a Tornado. NASHVILLE, Tenn., April 8. The steamer I. T. Rhea, owned by Captain T. G. Ryman, and engaged in the upper Cumberland river trade, sank Saturday near , Brooks Landing. All the passengers were t saved, but the freight was lost. The boat r was caught in a tornado and dashed against a bluff. The Rhea was valued at $6,000. . , , , 1 WEATHER BUREAU FIGURES. Temperature Records Yesterday,' Morning and Last Night. , ' C. F. R. Wappenhans, local forecast offi- , clal of the Weather Bureau, furnishes the ' ' following observations taken yesterday at ;, the nlaces and hours named: 7 a, m. Bismarck, N. D ........32 Rapid City, N. D '.6 Pierre, S. D 34 Huron, S. D 32 Yankton. S. D 38 St. Vincent, Minn.. ..34 Moorhead, Minn . 36 Duluth, Minn 42 St. Paul. Minn ...42 North Platte. Neb 34 7p.m.! 64 62 6 66 r.2 62 46 60 60 62 58 63 50 Valentine, IVeb..... 34 Omaha. Neb. ..".42 ...42 ...44 ...44 ...48 ...40 ...48 ...44 ...4(5 ...44 ...3S ...44 ...4H ...Sli ...41 ...41 ...4S ...48 ...rxj Des Moines, la Davenport, la Keokuk,. Ia Concordia, Kan Dodge City. Kan Wichita, Kan Kansas City, Mo...... St. Louis, MO .... Springfield. Mo.....:.... Chicago, 111 Springfield. 111.... Cairo. Ill Marquette, Mich........ Grand Haven, Mich.... Indianapolis, Ind Louisville, Ky Cincinnati, O Cleveland. O.... Parkersburg. W. Va... 60 45 2 62 4S 4S 36 H f.i 43 40 42 no 44 SO r M 41 54 f.8 Pittsburg, la...... Buffalo. N. Y New York. N. Y Boston, Maes....... Washington. I. C Charlotte. N. C... Atlanta, Ga. Jacksonville. Fla.. Chattanooga. Tenn r.o 40 5S 60 M 61 ii M f. M F.1 M 64 61 f. 71 70 60 61 SJ St 60 M 60 ..6S ..41 Nashville, Tenn 46 Memphis. Tenn 4H Vlcksbure. Miss.... Kort Smith. Ark 50 L'ttle Rock. Ark... . .02 ..M ..34 ..41 ..50 ..5 ..S2 ..M ..34 ..: ..30 ..32 ..34 t3 Oklahoma. O. T.... Amarlllo. Tex Abilene, Tex Palestine. Tex San Antonio. Tex Galveston. Tex Shreveport, l.a New Orleans. I a. Helena, Mont Havre. Mont Cheyenne. Yyo... Denver Col Santa Fe. X. M... Salt Lake City. U Monday's Loral Observations. fir. Ther. n.H. Wind. W'ther. Pr 7a. m...s0 . .41 92 S'west Lt.raln .R 7p.m. .9.60 43 95 S'west Lt.raln .:. .33, Maximum temperature, 4S: minimum ternpeniture. 43, Following .Is a comparative statement of the tempature and precipitation April 8.Temn. Pre. Normal , 4" Mean , 43 lparture from normal F,xcess or deficiency since April 1 20 Excess or deficiency since Jan. 1. 4.35 .12 .79 .or PUS.r C. 1' . It. W An'K.NHA.NS, Local Fore-cast otllciaL "Forecast for Twesday. WASHINGTON.' April 8.-For IndianaFair, preceded by showers in the early morning; warmer; northwest winds. For Illinois Fair, preceded by showers in early morning; ."warmer; northwesterly win Js. For Ohio Showers, followed, t Tuesday fternoon. by fair; warmer In west em partion; notthwedt wuias,
