Indianapolis News, Indianapolis, Marion County, 1 September 1899 — Page 2

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THE INDIANAPOLIS NEWS, FRIDAY, SEPTEMBER 1. 1899.

mbMWT- who make* tUttwJr ridfeuiou* ‘ when he oiMn* bl» mouth. c«ujmh1 *r«nei al On^nd Sobert folU»w<Kl. He al*^ provfd , a trump card (or Dreyfu*. ** h « declm ed the wqMtn« of the bordereau reveaK>d mrofeutonal Icnorance. He also wild too A, man who wrote It a as not an artillery ©nicer, end saM euch an oncer aa Dreyfua could not make the mistake# he ro-’ q ferred to. General Sebert entered Irto lengthy explatiatlona of hla gutements, pertinently- pointing oat that an artillery ' v officer would have known the Interesting parts of the Bring manual and would not , have written in the bordereau. Take what ieterestg you. ’ */'*'• The gelterat again declared that the bordereau could not have been written by an artillery officer of by one who had ¥ l»aed through the polytechnic school. his made a profound impression on the > eoart, which was Intemdfled when Gen. b Bebert, who is a venerahie looking man. - . concluded, fea-lessly: **1 am happy to have had the strength to carry here my I atone toward the edifice of reparation * which the court is building up with so much oare and confidence, while holding ,! ...itself aloof from outside paaslona ” Major Ducros deposed that he oom- ' mantled a field battery; that he knew 5 Preyfus and offered him certain Information. But, he pointed d*I. Dreyfus never asked him a question, although he knew he (the witness) possessed most Interesti . . »In* information, notably particulars ■ about the hydro-pneumatic brake. •JV • General Mercler here Intervened, and said at the time Major Ducros was speaktog of, tbs Ducros field piece had been ^-'rejeetad la favor of the Deport cannon, • > and he said Dreyfus, therefore, could have t no object in procuring particulars of the , v * Ducros gtm.. More support for Dreyfus was forthcoming in the deposition of MaJ. Hartmann, of tha artillery, who expressed the opinion that the author of the bor- ' dereau did not know what he was writing about, as he spoke of the "120 short" gun. when he meant the ‘*120 long" gup. The major led the court through a maxe of technical details about artillery, until Col. . Jouaust asked him to refrain from tech- ; nlcalltleu as far as possible, evidently fear- \ log that Hartmann might reveal secrets of tha service. His evidence was directly ( to show that Dreyfus was not the author of the bordereau, and that the artillery ^Information mentioned In It was accessible to many officers of all arms in the * spring of 18*4. ‘ As far aa the depositions were concerned, , Dreyfus certainly had every reason to be , pleased with to-day's proceedings . Proceed laws la Detail. Following Is a detailed report of the *,Jv day's proceedings: The trial opened with r the reading of an official report on M. du * . Brieul. who, August 23, testified to having ;.*net Dneyfus and a German attache at the jhous* ©f a mutual friend named Bodeon. The cross-examination of this witness had reflected on his character, but the report to-day was to the effect that he never was a horse-dealer, as claimed by M. 'Xaborl, leading counsel for the defense, that his character was most respectable, and that he was held in general esteem. - M. Demange, of counsel for the defense, insisted that the Judgment of the Court of Coulances, in regard to M. Du Brieul Should be read. The latter thereupon ad- ’ vauced to the witness-box and announced that he had arranged for mil papers In the case to be sent to the court. In the mean- * ‘While, M. du Brieul read letters indorsing his character, and thanked ths court for opportunity to defend himself against the ' , attacks of M. Dabort, The prisoner was questioned as to the date of bis relations with Madame Bodson, and replied that It was In 1887, and du Brieul, thinking that' Dreyfus had said Iff*, offered, amidst laughter, to . have the date verified by two of M. Bod- * son’s valets. Dreyfus expressed intense indignation at Jhe reference made in the court of Ms personal relations with Madame Bod- ' Son. ‘T emphatically reassert." said he, '’that 1 never met any foreigners- at M. Bodsoa’s, and I beg the court to make * such Inquiries aa are necessary to ascertain the truth on this point." A Groom's Testimony. • Germain, a groom, one of the witnesses Shed by Colonel Jouaust, testified he Was at Mulhausen In 18M, where be was employed in a livery stable, which, he said, furnished a horse to the prisoner. Asked U the horse jumped, the witness replied; "Give him his head, and you •will ase." „ Dreyfus, the witness claimed, attended the German maneuvers at Alsace at that Colonel Jouaust—Have you seen the prisoner since? — - Germain—Tea. I recognised him In tha Sols de Boulogne as Lieutenant Dreyfus. Colonel Jouatistr-How did you know that? Germain—An officer named d’Infxevllle— a major—told me. Colonel Jouaust—Do you recognise him Ik the prisoner. Germain (looking at the prisoner)—Yes. M. Demange inquired whether the wttttees had not been prosecuted for swindling and had been acquitted. Germain replied In the negative, but be sub- , sequeutly admitted that he bad been convicted of embesklement, June 17, 1893. Counsel also showed that Germain' was fentenced to six months’ Imprisonment for embessiement In MW. M. Labor! asked Germain If he was acquainted with M. de Beaurerpalre, and the krftnese replied that he was not ac- _ ^ Hb Added that M. de Bean rep* Ire knew the facts which he _J> the witness’s friends, and he also admitted having written to Beaurepalre, giving information the latter bad published In the Dreyfws was Sot There. to the usual question, Dreyfus M about MW or 1887 he spent Huhlljauaeti, adding; “Every studying and attending sd artillery training schools, i or two months at Mublhausen. affirm that I was either in an official or semiat the German maneuvers. Invited to attend Die German I never dined or lunched officer. On each visit I general commanding at with my tegular paaaport. In with my duty. like to point out. In regard to ring ground, to which refertbat the Mublhausen ground over which maneuvers could t. It is merely a small drill more than a clearing on forest on the road from Muhl- » Bakle. It is true that In the my excursions in 1888 I might t regiments drilling, but I emdsclare tl»at while out riding In 1887, I never dined or lunched German officers, was never even in^5? o r,m^n Teiga om °* r *' an(i to Colonel Jouaust. Dreyfus while he wa, at Mublhausen he brother's hotse, and did not reanythtng about the horse mensrtniiirK the M very-stable-keeper, who ‘ rmatn at ths time, testified rode with Dreyfus, as stated that he never went to the - iy with Dreyfus, and 11 added, accom- .. had n«. Kulnaann he never rode was well acfamily. er. that he had * added that at Dreyfus said that an officer Oer-

of the headquarter*

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TME “TFRIAL. AT F=RENISIES, [From L* Cri d« Paris.)

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troop* in the Vosges region and the movements necessary for the invasion of Alsace, said he was well acquainted with a certain position, to which the Germans attached great importance as a means of Checking a French advance. This position, witness continued, was westward cf Mublhausen, and Dreyfus said he reached this opinion after following the German maneuvers on horseback. The prisoner at this point quietly pointed out that the position mentioned by Captain Lemonnier was situated entirely Is a different locality from where he. the prisoner, is supposed to have followed the maneuvers. Dreyfus added: "Captain Lemonnier must have confused it wl’h a position which I described from knowledge acquired when traversing the whole district on horseback while a youth." The prisoner reiterated that he never attended the maneuvers in question. A. Tripe Merchant. M. Villon, a tripe merchant, and another of the friends of M. de Beaurepalre, declared that while In Berlin in the year 1894. be overheard a conversation of some German officers who were lunching In an adjoining room. One of the officers, the witness said, expressed indignation that a French officer should be guilty of treason, and hts companion replied: “It is a good thing for us. You know we were getting the plan of mobilization from Dreyfus.” At the request of M. Demange. M. Villon detailed the alleged conversation, and said he had not mentioned the conversation in 1894 because Drey!us had been arrested, and knowing him to be guilty, the witness foresaw he would be convicted. Special Commissary Fischer, of the eastern ■ military railway system, deposed that he was ordered to Investigate a leakage in the gunnery school at Bourges, and, he added, the result of bis Inquiries did not seem to Incriminate Dreyfus. Fischer asserted that he was not long In finding out that a former artilleryman named Thomas had communicated to a foreign power documents affecting- the natiO'fial defense. Thomas, he added, was sentenced to death for attempted ipurder In 1888, but the sentence was commuted to penal servitude for life. The witness went to Avignon and secured the convict's confession that he communicated sketches of "shell 80" of the horse artillery gun and of the ‘‘120’’ siege gun, for which he had re celvud a thousand franca Was Not a Spy. Implying to Colonel Jouaust, the witness declared that, as Thorhaa was arrested in 1886, he could not have been a spy at a later date. Uouurant Berhelm testified that while In garrison at Rouen he furnished Esterhazy with Information and documents regarding the artillery in which Baterbasy was much interested. The witness was never able to recover the documents. He supposed at the time that Esterhazy was anxious to increase his military knowledge.. Replying to M. Demange, Lieutenant Berhelm said he had not testified at the Esterh&sy trial because hla testimony was then considered to be of no great value. Lieutenant Brugere, the artillery expert, the next witness called, said it was perfectly easy for any officer cloaely to Inspect the “130” short gun. Moreover, he added, detailed explanations and information regarding the brake were given to the officers present when the gun was fired. On two occasions, witness said, when the gun was fired, he noticed the presence of a group of non-artillery officers. Therefore, the lieutenant pointed out. It was plain that access to the gun was easy. In May, 18M;- Lieutenant Brugere continued, the new firing manual was distributed. A copy was given to each battery, and. as the captain's lectures were not fully understood, further copies of the firing manual were printed, and all officers and non-com missioned officers so desiring could obtain as meny ss they Uksd. In some regiments even the ordinary gunners secured copies, and among these favored regiments, lieutenant Brugere pointed out, was the Sixth Artillery. This regiment was stationed at Rennes. [Excitement.] The witness satd he gave his copy of the firing manual to an Infantry officer May 17. 1884. The Societe de Tlr Cannon, of Farts, also reprinted the manual and distributed It among its members. Captain Lerond here Interposed, aaylng that so. batteries of the ”jU» short” gun were at the Chalons camp In 1894, and Lieutenant Brugere retorted that he only referred to what he saw In the month or May, A lively tfiscuaslon ensued. General Roget and General Deioye denying Lieut. Brugere's statement. General Roget asked of Lieutenant itrugere tf he waa not the officer who wrott M. Oavignac. then Minister of War, a violent letter, tendering his resignation and declaring it was a dishonor to serve In the French army. [Sensation.) Brwarere Pretests. Lieutenant Brugere energetically protested against such a meaning being* given to his letter, which was quite contrary to Its effect. General Deioye, to whom Gen. Roget appealed, said he had been consulted by the Minister of War a» to what ought to be dona In connection with the letter, and witness read the report which he made on the subject to the president of the republic, who, he added, signed an order relegating Lieutenant Brugere to the territorial army. After this, 5 Lieutenant Brugere again arose and emphatically maintained that he made no statement in the sense indicated by General Roget, but had only alluded to some personaUtlea. and had aot mentioned the Freud* army. It would have been absurd to do|eO. he continued, as the French army consists of all citizens over twenty years of *ge. M. L*bori said he thought ft would be advisable to produce the iettAr In question, and Colonel Jouaust promised to ask the Minister of War foff the docu-' Captain Carvalho, of the testified to the ease with wh! short gun could be inspect! the gun was frequently < presence of non-artiHery war* told everything they desired to know, including a dtscrlpCgm of the hydro-pneumatki brake. Regarding the 1806 firing manual, wit-

ness said copies were obtainable In 1894 In all the regiments of the army, and asserted that he had purchased a copy of the manual, which he placed at the disposal of the court. At this Juncture M. Labor! read a letter from a spy named Corningue, stating that he had copied the firing manual In the room of Major Panizzardi, the Italian military attache at Ft ris. In the presence of Colonel Schwartzkoppen, the German military attache at Paris, referred to as "A” and "B.” He said he was not certain whether this was the 1894 or 1896 manual, and begged the president to question Color.el Picquart on the subject. The 1895 Manual. Picquart said he believed It was tM 1895 manual, and that the copy was made in 1896, In the presence of Major Panizzardi and another person. Colonel Picquart added that Major Lauth ought to know something about a certain mark on the manual. All the manuals at the Versailles garrison were ordered to be returned to headquarters In order to see which one was missing. General Deioye admitted that he was aot sure whether It was the 1894 or 1895 manual, and corroboratetd Colonel Pic-' quart's statements. Major Lauth expressed surprise at the fact that Colonel Picquart's recollections were so vaTue, and added that Picquart had relations with the spy Corningue, who, he said, was a doubtful character. M. Labor! asked to what spy Major Lauth was able to give a good character, to which the major replied: "Why, none.” [Laughter.] Laborl said Major Lauth insinuated that Corningue was trying to levy blackmail. Was that his Idea? Colonel Jouaust refused to aMow the question, and M. Laborl exclaimed: “You disallow every awkward question.” [Sensation.] The stir caused by this lively retort had not yet subsided when the government commissary, Major Carriere, rose and begged to point out that the defense was constantly aslthg leave to speak, arid that when he, the commissary wished to do so, he was refused the necessary permission. to which Colonel Jouaust replied: “I have heard enough. Hold your tongues. Be quiet. The incident Is closed.” [Prolonged laughter] When Picquart Knew It. Addressing Colonel Picquart, M Laborl asked: “Whan did you know that the firing manual waa being copied?” Colonel PlcquArt—During the summer of 1896. M. Ltbori, having remarked that this was all Is desired to ask at present, Gen. Hippolyte Sebert, retired, of the marina artillery, deposed. He preceded his testimony by saying he did not think he ought to withhold the evidence he was able to *tv<\ aa he felt It would contribute to tie repatriation of a judicial error. The general then critic lead the bordereau fn.-m a professional standpoint, pointing out that the writer must have been a low-?lass roan, negotiating directly with a corre*.i*,adent. on whose doles he was dependent. He said he was probably an offlear. but certainly not an artillery officer, adding that this was proved by the employment of expressions an artilleryman could not have used. The witness gave a number of instances, showing the dense Ignorance displayed In gunnery technicalities by the writer of the bordereau, and, amid profound silence. General Sebert declared that hla siudv of the case had led him to the oon*i that the bordereau could not have wve- written by an artillery officer, nor by an officer belonging to a special arm of the service who had passed through the polytechnic school. [Excitement.] General Sebert referred to the satisfaction he felt at knowing that the experts of the highest standing In handwriting had confirmed his opinion, and had dismissed M. BcrtlUon's assertions, saying that on examination, be [the witness) had easily found proof of the worthlessness at that demonstration. [Sensation.] A Painful Task. "It Is painful, for me," added General Sebert, "to express such an opinion on the man whose name Is connected with the application of the anthropometric method, which has done the greatest service. But French science can not give Its authority to lucubrations so pretentious as Chose M. Be.rttllon brought here. I reassert most emphatically that tha bordereau was not written by an artillery officer, nor by an officer who passed through the polytechnic school. “I have been sustained in giving my evtdenceCby my firm belief fr the entire innocence of Dreyfus, and I am glad I have had strength enough to bring here the stone which I have to lay on the edifice of repatriation which you are constructing so carefully and conscientiously while holding aloof from outside passions. [Excitement.] This edifice is a work cf appeasement and peace, which will restore the country to an era of concord and union. [Prolonged excitement.] - A brief suspension of ue session followed. Bertlllou Bobs tip. When the session was resumed, at the request of M. Laborl. General Sebert expressed his opinion of Velerio’s evidence In suoport of M. Bertllion’s system, saybig that in spite of the latter’s talent, he had not succeeded in converting a false theory Into a true one. M. Bert'.Hon, at this point, exclaimed: "I beg leave to speak.” Colonel Jouauat asked the prisoner if ha had anything to say in reply to the witness, and the prisoner replied that h* had not. Then Colonel Jouaust, without taking the slight eat notice of M. Bertillon. called the next witness, Major Ducros. of the artillery, who showed that Dreyfus had abundant opportunities in 1894 to obtain information relative to guns, but did not take advantage of them. General Merrier tried to belittle this testimony by saying Dreyfus was probably aware that knowledge of the Ducros gun was no longer of importance, aa the gun had been rejected In favor of the Deport gup. - i Major Hartmann, of the artillery, was the next witness for the defense. He asked permission to refer to certain of the documents which ware produced during the secret session of the court yes-

terday, upon which, he said, he had reached Important conclusions. But Gen. Deioye objected, as it was contrary to the Instructions of the Minister of War. The major then asked the court to sit briefly in camera, and Colonel Jouaust promised to render a decision later. Proceeding, Major Hartmann testified on highly technical subjects, his evidence being the same as given before the Court of -Cassation, and as already published early in the year. He spoke in loud, energetic tones, and occupied the whole of the remainder of the session. The major will continue his testimony tomorrow. The court, at 11:40 a. m., adjourned for the day.

BOUCHT INFORMATION.

Hovr Germany Obtained the Secrets of France. Atlanta, Ga., September 1.—The Jewish Sentiment to-day prints the following interview with a man who waa employed several years ago by the German government as document translator and maker of relief maps: “I was translator of documents at the great staff headquarters at Koniggratzerstrasse, No. 9, Berlin' I never heard the name of Dreyfus mentioned in connection with the French War Office merchandise shipped to the above address via Belgium and London. I translated the Information regarding ‘Gun No. 20.’ The original document never left the French War Office, and the copy could only have been given out through the direct agency or connivance of a chief of department Dreyfus was unknown at the German 'secret service bureau in person or by nnme from 1890 to 1894. This I mo*t solemnly affirm. The plans, specifications and details of gun No. 20, of the Robin shell and of the French war vessels Jauregulberry, Charles Martel and Lazar Carnot, together with the plans for mobilization, were purchased through Germany's embassy in Paris, presided over by Prince Hans Heinrich Pless, and as much as 316,000 American money was sent by pbstofflee order and telegraph in payment for the merchandise. These payments were made in two parts through Mr. Franz, a doll manufacturer of Sonnenberg, Germany, and Alvin Florschuets, bank director of Sonnenberg. The medium of women was employed in transacting the business. "I met Count Esterhazy several times In person at dinners given by Baroness Delden. who was Esterhazy's sweetheart. He furnished much of the information. These documents were.never received at the embassy—always at a church, a public function or a private dinner party. The French spies were always on the alert and only through such means could their watchfulness be circumvented. The baroness Is the party referred to In the Dreyfus trial as the ‘veiled lady.’ She receives from Prince Pless a regular pension. Every six months remittances :tre made anonymously to Baroness de Delden through the Credit Lyonnalse In Paris. It is well known at the German headquarters staff that the amounts are forwarded by Prince Henry Pless. The Credit Lyonnalse Is innocent of the purpose for which the money Is used. I mention this fact because the records of the bank wih corroborate my statement. I am also In position to name the postoffices in England where the money was paid to the agents of Germany employed in France. Mr. Frantz used to send dolls to Paris to be dressed. In the body of these dolls Important documents were concealed, and they were then sent first to a village postofflee In England, forwarded from there to Sonnenberg, and then to Berlin. ’ r -..M 0 Bryson-Prlest. Brazil. Ind., September L—John Bryson, a business man of this city, and Miss Ruth Priest, a teacher In the schools, were married last evening. CONDENSED DISPATCHES.

In a speech at Maplesville, Ala., Senator Morgan said that Bryan was the only logical nominee of the Democrats In 1900. N. E. Crtssy, twenty-five years old, an aeronaut of Johnstown. Pa., fell 600 feet to instant death on the Punxsut&wney Fair grounds, at Dubois, Pa. The largest month for customs receipts that the New York custom-house has had under the Dlngley tariff law closed yesterday. The total receipts amounted to $L3,798,471. The Dewey home fund now in the hands of the treasurer exceeds 121,000. Sums aggregating 815.000 or 118.000, reported as subscribed, are still held by local committees and subscribers. The Board of Classification of the United States General Appraisers holds that imports from French colonies do not come within the scope of ttie reciprocity treaty made with France. Correa, the Nicaraguan minister to Washington, says the statement that Nicaragua and Honduras had joined hands to wrest from Costa Rica the province of Quancosta Is without foundation. James Roberts was killed Wednesday morning at his home, on Big creek. Clay county, between Manchester and Hyden, Ky. He was sitting on his porch, a re- § ort rang out from the woods and he fell ead. the shot passing through his head. His assassin is unknown. There has been trouble between the Roberts and Markums. Commissioner Peck, of the Parts exposition, who has just visited Denver to secure the pledge of a million dollars’ worth of bullion, to be u»ed In the national display at Parts, stated that there would be no fantastic figures of actresses or anything else of that order, but that this would be the only group display of gold from the entire country. It will be shaped as a pyramid, and be transported from Denver to the Atlantic coast bp special train, guarded by United States troops, and thence be conveyed across the water In a war vessel. George E- Bhippey and Henry Schtfeck were arrested at Chicago, charged with using the malls to defraud hundreds of business men throughout the country The men were arraigned before United States Commissioner Humphrey and held tn § 1,000 each pending the hearing of thef case eptember 9. According to the story -told by Inspector Farrell, the men some time ago organized the American Trading Company. On the letter head, directly above the name ot the concern was printed the word "storage," which la said to have led the patrons to believe that the men were connected with a legitimate concern. Huadr. da of letters are said to have been mailed to manufacturers throughout the United States asking for price lists and samples. Ik some Instances, small quanta io« of goods were paid for, but it Is alleged this was only to mislead the victims, and when large shipments were made to the Chicago men no money was for: hcorning. It la claimed that Franklin L. Smith, who was arrested last weak tn New York, was an accomplice of Bhippey and Schueck.

TAXATION OF G00D-V1LL

OBJECTIONS MADE TO IT IN THE ' INDIANAPOLIS SEWS SLIT.

Good-Will Never Taxed ia Indiana Before — Associated Press Fraaefeisea of Otker Papers Alao Not Taxed—The Complaint.

The decision of the State Tax Board to tax intangible property and good-will Is arresting the attention of the press and ot the taxpayers throughout the State. Interest is expressed In the merits of the controversy raised by the suit of the proprietors of The Indianapolis News to enjoin William H. Hart, Auditor of State, from certifying the assessment of 1400,000 fixed by the board. The complaint in the case recites that Hilton U. Brown, as receiver, returned for taxation all of the personal property contemplated in the tax law, aggregating $47,667.31 (besides $16,000 for building). The County Board of Review received from Frank McCray a protest as to the return of taxes by Receiver Bfown, but the board of review took no action on the protest. It is alleged In the complaint that McCray was unacquainted with the property of the plaintiffs or the business (A The News, and that he had no knowledge as to the accuracy of the receiver's tax returns. It is stated that the board of review adjourned July 18, 1899. and that on July 24 McCray gave notice of an appeal from the action of the county board. The plaintiffs objected to the jurisdiction of the State board to determine the appeal, because notice thereof had not been given within five days aftdr the adjournment of the County Board of Review, as required by law. The objection was overruled by the State board, which entertained the appeal and heard testimony as to the value of The News property. All Tangible Property Listed. The complaint says: "The only evidence adduced to said State board as to the specific property and value thereof held by the said receiver on the 1st day of April, 1899, was as stated in the return thereof so made by him. That said evl-, dende was not controverted by said State Board of Tax Commissioners, or by the members thereof, nor by said Frank McCray, but that it was conceded by the members of said State Board of Tax Commissioners, while said hearing was In progress, that said return, as made by said receiver, correctly listed and valued all the tangible property held by him on the 1st day of April, 1896: that said Board of Tax Commissioners and said Frank McCray had no knowledge or Information as to the value of said property, and made no Inquiry with regard thereto, nor any inspection thereof. "Tljat said Board of Tax Commissioners thereupon arbitrarily and unlawfully, and without any regard whatever as to the actual value of said property, and without adding any property to the list returned by said receiver, and over and above the protest of plaintiffs, assessed the property for taxation at the sum of $400,000, thereby adding the sum of $352.040 to the value fixed on said property by the receiver; that said Board of Tax Commissioners did not In any manner specify as to what items of said property so returned, said increased value, or the value so fixed by said State Board oi Tax Commissioners, attached or sho ild be applied; nor did said State Board of Tax Commissioners indicate what property, If any, said receiver had failed or refused to return for taxation. Good-W»ll Cause ot Profits, i “And the plaintiffs are informed and believe that said State Board of Tax Commissioners, in assessing the property, did not claim or pretend that the return made by the receiver did not contain all the property held by him on the 1st day of April, 1899, or that the value thereof, as fixed by him. was not the true cash value of the property on the said date; but that the board proceeded on the theory that noWlthstanding the return made by the receiver embraced all the tangible property held by him, and that the value aa fixed by him was the true cash value thereof, yet that because the business of said firm waa profitable, and the annuel Income derived therefrom waa In excess ot the fair annual income derived from an investment of an amount equal to the actual cost of the tangible property retunud by said receiver for taxation, and,further. because since the date of the return by the receiver, and before the hearing of the appeal by the State board the receiver had sold the property In his possession, aa such receiver, constituting the plant and business of The Indianapolis News Company for a sum In excess of the receivers return; therefore, they had the lawful right to add to the actual and real value of said tangible property, as In some way representing the good-will of said business so as to tax said property as upon the valuation represented by the earnings and profits ot The Indianapolis News Company s buolness; and, also, upon the theory that because said receiver held as a part of the assets of said concern a membership in the Associated Press, that such membership was, therefore, subject to taxation. tiaeqaal aad Vajaat. "And the plaintiffs aver that the effect of the assessment by said State Board of Tax Commissioners of the property at eaid sum of $400,000 will be to Impose upon plaintiffs unequal aud unjust burdens, In violation of Section 1 of Article 10 of the constitution of the State of Indiana, which requires uniform and equal taxation,- and in violation of the fourteenth amendment to the constitution of the United States, which provides that no State shall deprive any person of life, liberty or property without due process of law, or deny to any person within Its jurisdiction the equal protection of the law within its jurisdiction; that the profit able income of said business as aforesaid was not the result of the use of the particular property so owned and held by said firm, and which was by it returned for taxation, but that said income was the result of years of labor and the expenditure of a large amount of money in effecting and maintaining an organisation of Intelligent, capable and experienced editorial writers and business managers and agents, and Id acquiring and maintaining a reputation for integrity and capacity in both editorial qpd business departments of the publication of a dally newspaper. "That the success and the value of The Indianapolis News depends altogether upon the organisation of its editorial and reportorlal force and Us business management; that such organization has been secured and has been maintained by said partnership in the publication of said Indianapolis News as stated, Is the work of years and the value and Income of ihe property depends thereon; that the personal property of said partnership returned for taxation, as already stated, acquired no new or Increased value by reason of being used In the publication of said newspaper. Income hot from Personal Properly. "That all said property could be removed and replaced by other like property readily purchasable In the market at any time without in the least affecting the value of the newspaper printed and published by said firm, or the value of said business or the good-will thereof, that the Income derived by said partnership was not derived from the use of said personal property; that said property Is but the tool or Implement in the production of said newspaper, and Us value » not enhanced by reason of the Income and profits derived by the plaintiffs from the publication of the satd paper. "The plaintiffs aver that the assessment by said State board against the plaintiffs on account of the good-will of the business of publishing said newspaper Is unjust, illegal and void, because the statutes of the State of Indiana do not authorise the taxation of good-will, nor do they provide any method for ascertaining and fixing the value for taxation of the good-will of any burinete, that the estimation of the value of the good- will of the business so conducted by said firm depends upon so many contingencies that it will be Impossible with any degree of accuracy to fix a value thereon. Kever Before Taxed la Indiana. "The plaintiffs allege the fact, that Jbe good-will of a business boa never been assessed la Indiana for the purpoeee of taxation, either separately or as an Incident to the tangible or specific property of Individuals or partnerships. That

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THE STAR STORE West Wssfctattoa 0 Street

ME SIAk SII w’&SJSL m WC91 WftfrlUOJlus

GREAT

Clearing Sales of Summer Merchandise and Opening Salas of New Fall Goods

Saturday Morning Bargains Plata color Lawns, per yard.. .2c Ladles’ 25 c Bobblnet Bows 5c Handkerchiefs, for men add ladles, with fancy borders, 5c to lOc kinds, 7 for 25e Japoaette Handkerchiefs. with fancy txrders, for ladle*’ ties. 2fie kinds, for fie Men’s large size Red Hand- . kerchiefs .. .. Sc Ladles’ colored Pearl Waist Sets. 5Gc and 75c kinds 15c Ladies’ Gold-Plated Chain Bracelets, with 4 hearts, only 25c Gold-Plated Scanty Pins, 8 for So Children’s 3Sc fancy Hose, pair Ifio Children's heavy, block ribbed, seamless School Hose, tOc a Pair Ladiee* Silk Mitts, all colors, worth up to 50c, At 19c a Pair Ladies’ Vests, pinks, blues and fancy stripes. IQc kind, 4 for 2Se Ladles’ 32 OO Dresden handle Gloria Silk Umbrellas 21-00 Men’s 19c Setspenders, good elastic, patent Wilson buckles...14>c Men's Black and Tan Beamless Socks, regular 15c kinds. Sc Pair, or 2 Pairs for Ific Men's Whit* Laundered Shirts, made of Prince of India muslins, open back and front, regular 9100 shirts, for only ....50c Men’s Blae Plaid Work Jackets Ifio Men’s 92-50 Bicycle Pants, now .* 91-00 Men’s fines! Bicycle Sails, now .91.98 » Boys’ heavy School Knee Pants.. 10c Men’s Lined Jeans Pants 68c SPECIAL NOTICE—We have Just 27 Ladies’ Trimmed Summer Hats, that have sold from 92 08 to 98 00. and offer the entire lot, without exception, At 98c Each Over 5,000 Remnants of Ginghams, MisMns, Calicoes, Wash Goods, Linens, etc., at about Half Regular Prices. Also about 1,000 short pleoes of Woolen Dress Goods, In ladie^' skirt lengths and lengths suitable for children's school dresses, In plaids, novelties and black brocades, at prices ranging from One-Foarth to One-Third Less Than Usual. SO pieces of new Black Ore pons go on sale Saturday morning, in the very newest weaves, that are worth U.»5 Md *1.50. « ^ , y>r4 Saturday Muslin Sal* THESE PRICES FOR ALL DAY. 86-inch Brown Muslin, good quality, regular 5c kind, 26 Yards for fl.OO 40-inch fine grade brown Sheeting Mi:slin, sells regularly, at 7c, sale Price, 20 Yards for *1.00 Full yard-wide, soft finish Bleach Mi g'ins, regular «V*c kind, At fie Yard 9-4 good grade Brown Sheetings (2% yards wide), regular 15c grade, at * lOe u Yard

THESE BARGAINS FOR ALL DAY SATURDAY

ON THE BAR8AIN

COUNTER

We have just closed out a sample Hoe. of 200 School Suits from a .leading manufacturer, consisting of Wool Cassimeres, Cheviots. Worsteds, etc., that are werth 8150. 92-00 and up to 9208, and offer you choice for...,.

(Sixes run mostly in 0, lO. 11 and 12 )

Bo;^’ extra strong Waists, made of fancy striped duck, all sisee, Qj* . from 4 to 14. 25c and 85c values, at only

CHILDREN’S SCHOOL CLOTHING. Thousands of Children’s doublebreasted Wool Suits, all sizes up to lft at 0:150. *100. 91 98. 92 48 and 92 98 Children’s School Pants, made of heavy striped Wool Casslmeres, 50c kinds, at 35c Pair Children’s all-wool Cheviot Pants, with double seat and knees, fancy stripes, a reguta#' dollar pair of pants, FOR FIFTY CENTS, MBIN'S filO.Ofi AND filfi.OO AA SUITS, NOW «9sUU Choice of lOO Men’s finest all-wool Suits, including plain blue G. A. R. Slater flannels, suitable for conductors and motormen; also fancy stripes and plaids, NOW FIVE DOLLARS.

WASH GOODS BARGAINS, per yard for choice of

5c

our entire stock of Sum-

mer Wash Goods, including imported Organdies, Lawns, Piques. Swlsses, etc., worth up

to 25c.

per yard for choice of our finest Madras,

Zephyr and Silk Ginghams, former prices 10c to 40c per

yard.

10c

MEN’S AND BOYS’ SHIRTS. Men's Laundered Percale and Fancy Negligee Sateen Shirts, in all sixes. 2 regular 50c tfnes, at as CENTS EACH. Men’s' Laundered Percale Shirts, with 2 separate coilars, regular 50c shirts, FOR 35 CENTS. ’ Jt(% now gives you choice jof any silk bosom or puff bosom OBEYS Madras Shirt tn our store, former price* were 75c to 31.25Boys’ Laundered Percale Shirts, qrlth 2 separate collars. . Sole Price, 29c Men’s 25c and 20c grade* of Balbrtggan Underwear, lo dose, per garment ...... ..-15c 25c to fific lAr* TIES, ONIjY . . Men’s SUk Bows, Tqcks and Four-in-Hai-ds, that formerly sold from 25c to 50c, on sale to-morrow - at only .. ...lOc Men’s Clab Ties, end newest fail shapes in, Imperta’ Four-in- . Hands, at only ...,,t.., v ,.M,y>,95c Navy Blue Handkerchief Ties, for men and ladle#, with Anbroldered silk anchor# and fleur de 11# figures, at only 30 Cento Each

OPENING FALL SALE OF LADIES’ WAISTS AND SKIRTS

Ladles* Silk aad Salta Waists, all colors, nicely tucked, only ; 93 98 Ladles’ finest Taffeta SUk Waists, ih all the desirable colors. Including blacks, plaited back and rows of heavy tucks in front, an elegant line of fine waists at Only fifi.98

Ladies* Black Brocaded Wool Skirts,

best of linings and velvet-

bornd ; 92 48 Ladies’ fine Black Brocaded Satin Skirts, zlg-sag and other new fig-

ures, extra heavy weight satin#,.

At Only #6.00

MILLINfcRY APEriAL ( ^

all colors, with wide crushed silk

bands and large quill. At Only 75 Cents

500 Clothes Wringers at nearly half price— Diamond, iron frame, worth 91 85, at ,.70c Globes Iron frame, worth 92 50. at 91-50 Challenge, wood frame, worth *1 90. at 08c Lexington, wood frame, worth 9300, at ..91 TO Rlssell’s Carpet Sweepers, .the best on earth, at the lowest prices ever quoted. Popular Sweepers, worth 91-75, at 08c

180 2.80

Sweepers—Contlnned. Improved Victor, worth 92 50 Grand' Rapids,’ "worth 34 00. at * 92Knlves and Forks, wood handle, good steel, .Jjjfcc 50c Jardiniere Stands, only 23c ! 5c Whisk Brooms only T° 4-inch Feather Dusters ..... 0c bars Santa Claus Boap .....lOc .090 Decorated Plates, each 4° (l W hite Metal Teaspoons 5c 10 yards Shelf Paper for Sr Afl Clothes Pins for lo Nickel-plated Alarm CTocka, guaranteed for 1 year, 00c kind....50c

BIG SATURDAY SALE OF SCHOOL SHOES

Misses’ and Children*# kangaroo calfskin Shoes, best quality, in the very latest shapes— Sizes tf to 8-*-”**'--85c l Sices 8Vs to 11..91-00 Sizes 11% to 2.,91-25 Misses’ and Children’s k i d s k 1 n Schcol Shoes, with heavy soles, at prices ranging from 85c to 91.48, according to sisee.

Roys’ School »hoea, made of ail solid leather, liH sizes. f* 1 ' Boys' fill solid Calf Shoes, with 3 soles, excellent wear-resisting shoe#, .„«b

there are many Individual* and partnerships engaged in business tn the State of Indiana whose business has a food-will of appreciable and often of great value; and In no case, as plaintiff Is Informed and believes, has such good-will been assessed for taxation, either separately or as an Incident to tangible or specific property held by such Individuals or partnerships. That the assessment by said State Board of Tax Commissioners to the plaintiffs of any sum on account of the good-will of the business of said partnership or said newspaper creates ununlform and unequal taxation In violation of the provision* of the constitution of thig State above referred to, and will impose upon plaintiffs unequal amd unjust burdens. and deprive them of their property without due process of law, and deny them the equal protection of the laws, In violation of the fourteenth amendment to the constitution of the United States." The complaint alleges that any assessment because of the membership in the Associated Press is illegal and void, because the Associated Press "U but a combination of publishers of newspapers for sharing in the expense procuring and disseminating news for publication among the members of said association.” Continuing, It says, “that said association does not sell news to any person or persona. and the association is not formed for the purpose of realising profits, but simply for the purpose of reducing expenses so far as possible; that, in fapt. that no profits have ever been realised, no dividends have ever been declared, nor is the purpose or expectation that any ruch dividend ever will be declared; and the fact is that upon Us plan of organization no dividends ever can be declared.V Associated Press Stock. It is averred that the membership of The Indianapolis News Company, represented by eight share* of stock, is valueless, because the stock is held In the office of the corporation, and the said stock is not assignable and has no market value and no actual value. It is alio averred that there are many other memberships in the Associated Press in the State of Indiana, none of which has been assessed for taxation or deemed to be taxable. It is further averred that for this reason the tax upon the Associated Press membership is illegal because it composes unequal and ununlform taxation, as compared with the holders of other memberships in the Associated Press; and because it deprives the plaintiffs ot their property without due process of law in violation of the fourteenth amendment to the constitution of these United Slates. The complaint ended with prayer for a temporary restraining order against Auditor Hart, which was granted. TAX BOARD RESTRAINED. Temporary Order# Granted la the Cases Agalast It. Judge McMaster. of the Superior Court, yesterday afternoon granted temporary orders restraining the State Board of Tax Commissioners from certifying down to the Auditor of State the assessments placed by the Bute board against the Peitnaylvabia Railway Company, the P., C., C. A St. L. RaUroad Company and the I. A V. Railroad Company, and restraining the Auditor of State from certifying the assessment# down to th* various county auditor*. He also granted a temporary order restraining the State board from certifying to the Auditor of State the assessment of W».000 placed against The Indianapolis Netrk Argument for permanent Injunctions In the four rases has been set for September 7. PENNSYLVANIA COMPANY SLIT. Attorney-General will Aot for the State Tax Commissioners. The State Tax Commissioners wifi not hold a meeting to determine what the board will do relative to the injunction granted the Pennsylvania company. The whole question ha# been given Into the charge of Attorney*Oen«ral Taylor, and he say# he will oppose the railroads as

L. X. Morrison.

g. ^ Oguiigohl.

L. E Morrison & Co.

30 W. Washington St. Trunks, Traveling

Bee Hive Bags, SuH Oasas, Phone

Trunk Tslasoopas, EtO.

Factory The largegt in the State. REPAIRING

,Old.,,. 1723.

long as they care to contend with the State in courts. A# soon as the board adjourned yesterday afternoon the Auditor of State began certifying to the assessments and sending them to the cotfnty auditors of the State. The certificates were In a mail-bag, waiting to be taken to* the postofflee, when notice of the injunction wa# served. Had the notice reached the Auditor's office five minutes later it would have been necessary for the railroad company to have sought an injunction in every county In the State in which its property is located. The commissioners say that when the State and railroad* were contending in the courts over the constitutionality of th# tax law, the position that the board ha# assumed this year was then established. They say that the assessment of the company’s property this year fs $200,000 less than when the company joined with others in long and expensive litigation. They also say that the most objection comes from th# assessment made on the Louisville division of the system, and that that division is assessed at a. less valuation than Is the real estate through the counties which

it traverses.

Assessment by Counties.

Th* assessment of the property of the Pennsylvania company in Indiana amounts to $36,144,696, distributed among forty-one counties, and this sum will be kept off of tax duplicates until the contention in court is settled. The assessment of th# main lines Of the system amounts to $32,713,425, the apportionment among the counties being as follow*; Bartholomew $1,121,415 Blackford 640,325

Cass ■ Clark..;.. Fayette . Floyd ...

Grant ...

Hancock

Henry ...

Howard Jackson Jasper ••

Jay ......

Jefferson Jennings Johnson

1,#86,*70 1,014,800

153,650 87.570

L’i23,730

882,615

1,682,575

441,720

•653.600

134.775 454.845 297,015 890,575 739.775

Lake 1,087,«0 Laporte S 326,066 Madteon 748.866 Marlon 1.016.535 Miami 816.246 Newton i Porter 719,73) Pulaski 961,<95 Randolph 743,080 Rush 392,449 Scott 102,080 Shelby 382.405 Starke 810,015 34M55 Wayne - Lwojeo White 416,996 The Pittsburg, Ft. Wayne & Chicago division passes through eight counties of the State, and the total assessment Is 310.361.9®. divided as follows among the

counties:

Allen Hit?, iusko

768 465

. The Indianapolis & Vincennes branch is

assessed , at $1,874,196, in «ev«n counties, as

follows:

Greene Hendricks . Knox ....... Marlon

Morgan

Owen 377>7 Sullivan 111,318

v ..

■ l

$427,638 25.700 427,;V0 423,030

TAX BOARD REDUCTION!.

Not

tk*

Many Chfcages Made „ Final Appeals.

The State* Tax Commlseioneri did not make many changes on the final appeals. The Baltimore A Ohio railroad secured a total reduction of t62.402.ej in Us assessment. The Monon was reduced « total of $225.790 on main < rack. Th# Orleans, West Baden & Flench Lick wa# reduced »,960. The Louisville A Jeffersonville Bridge Company was reduced W.MO. The Louisville division of the Pittsburg. Cincinnati, Chicago A St. Louie road was reduceu $67,206, The Whitewater road secured a

reduction of $31,270.

The assessment of the Central Union Telephone Company wa* reduced from 1600 to 9400 a mile. The Danville Mutual Telephone Company was assessed at 1140 a imle, thus doing away with local assessments. The Lafayette Telephone Company wo# reduced from $30,900 to $20,000. Th# Knox Telephone Company had its rate reduced from $50 to $35 a mil#. The Lebanon company secured a total reduction of $1,500. and tha Martinsville company $1,200. The petition of tit# Western Union Telegraph Company for a general reduction was denied. *

FREE TO SUFFERERS The New Cure forKiOney. DUiderani trie Acid Troubles,

Almost everybody who reed# tha 'newspapers is sure to know of the wonderful cures mad# by Dr Kilmer's Swamp-Root, the great kindney remedy. , , ^ It is the great medical triumph of th# nineteenth century, discovered after yeara of scientific research by Dr. KUmaz, the eminent kidney and bladder specialist, and is wonderfully successful In promptly curing kidney, liver, bladder and uric gpid

trouble#.

Swamp-Root has been tested in #o many ways. In hospital work, la private practice. among the helpless, too poor to purchase relief, and has proved so successful in every cane that a special arrangement has been made by which all readers ot Th* Indianapolis News who have not already

tried it may have free by mall; also about Swamp-Root, if you have kidney .

When writing, mention

tirous offer in The

send yoqr addrew to Dt. Kilmer A QaL Etnghkjntoa, N. Y. The regular 'and . R sisee are sold by. ail

a sample