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REPLIES TO HUGHES ROOT O.Y IXCOME TAX dMEKDMEKT. TJrgcs Legislature to Adopt It — Sees Xo Danger to Slates' Poicers. IBy TeiecrapSjT.t*' The Tribune.) . Albany, Feb. 2S. — With an explanation that 3 difference of legal opinion did not mean any personal controversy. Senator Davenport to-nlpht read in the Senate * letter from United States Senator Elihu Root taking Issue with Governor Hugrhcs'j? position that the warding of the proposed income tax amendment to the federal Constitution would affect Incomes derived from state bonds. Sen ator Root took this informal method of communicating: his views to the Legis lature, Senator Davenport said, because he felt That it was for the Governor only to send a formal communication to that body. In his letter Senator Root took the po sition that the proposed amendment -would not enlarge the taxing power of th«» federal government. He believed it would be a great cause for regret if New York State refused to accept the amend ment. He pointed out that while a very large part of The tax would be paid by residents of New York City, that portion would be paid on incomes derived from Investments or business interests all over the country. , Senator Root's Letter. ' Senator Root's letter follows: United States Senate. ") TYashirjjrton. February 17. l?lO.j" My Dear Senator: Since msr conversation last month I have piven much considera tion to the scope and effect of the proposed Income tax amendment to the Constitution <f the United State?. Much as I respect the opinion of the Gov ernor of the state. I cannot ;ipree with the view expressed in his special message of January 5. and as I advocated in the Sen ■te the resolution to submit the. proposed amendment It seems appropriate that I sbasJK :;tate my view of its effect. The proposed amendment is in these ■words: Article 15. The Congress -hall have power to lay *nd collect taxes on income?, from whafv*=r source derived, without ap portionment among the several state? and ■without regard to any census or enumera tion. The. objection mad* to the amendment is ihai ihis will confer upon the national gov <-- ■ sot the power to tax incomes derived from bonds issued by th* 1 states or under the authority cf tho states, sad will place Urn borrowing capacity of Ute stat^ and its governmental agencies at the mercy of the federal taxing: power. I do not find in the amendment any such BBBSSBBSK or effect. I do not consider that the amendment in any degree whatever will enlarge the taxing: power of the national frTOveninient or will have, any effect except To re Jieve th*> exercise of that taxing power from the requirement that the tax shall be apportioned bumbsE the several states. The effect of the amendment will be, in my view, the same as if it said: "The United States may lay a tax on incomes without appor tioning the tax. and this shall be applicable whatever the source of the income subjected to the tax." leaving the question "What incomes are ■ahfeefl to national taxation?" to b*i determined by the same principles and rules which are now applicable to the deter mination of that question. Must Be Taken Altogether. If we were to construe the proposed amendment only by a critical examination ■f its words the view upon which the ob jection hi based would be reached by prac tically cutting: the provision in two and reading it as if It read. "The Congress thall have power In lay and collect taxes on ■CMS from whatever source, derived," without the ooncludingr words. Bui we are not as liberty to do this. The amendment consists of a flnfjle ssentence, and the whole r' 1' must be read together. It expresses but a single idea, and that is that the tax bo which it relates must be laid and col lected without apportionment among th« <ral states and without regard to any season or enumeration, while the words "from whatever source derived" are obvi- Buaty introduced to make the exemption from the rule of apportionment compre hensive and applicable to all taxes on in comes. W<e ■-.' not left, however, to a mere critical examination of words. This pro vision, as Mr. Justice Bradley said of the Constitution In the ;egai tender case?, is ":o be interpreted in the lijrht of history end of the circumstances of the period in tvLicii it was framed." justice Story said >f another clause cf the Constitution, in Briscoe sjrt- the Bank of Kentucky (11 Peters. TUt: And ! mean ti» insist that Uk history of ate colonies, before and during: the Revolu 302 and down to the very time of the ic&ption of the Constitution, constitutes he highest a* '. most authentic evidence to irtxich we can resort to interpret this clause nf the instrument; antf- to disregard it would be to bliird ourselves to the prac tical mischiefs which it was meant to suppress and to fo;j;et all the preat pur poses to which it was to he applied. This view must necessarily be applied to the proposed amendment if it be adopted. It will be construed in the ISpht of the judi cial and political history which led to the proposal and arl •' appears upon the pub- Jir records .-,* --, ;r government. " ■-.• is that history? The Constitution o5 17ST conferred upon the national em inent the power of taxation without any Jimit whatever, except that taxes on ex ports were prohibited. Limits or. Taxing Power. The method of exercising the power, how •■veiC sea* subjected lo two limitations— one that imports, duties and excise? f-bo-jld tie un'for:r: and the other that direct taxes should be apportioned among the states. The aDDOrtionment provisions were as fol lows: Article :— Section '. Representatives and direct taxes shall •►*■ apportioned amour the m ■•■• states which may be included within this Union, according to their re •peetiv: number*, etc. (Amended, but not in (his respect, by the Fourteenth Amend ment.) Article i— Section I No rapitation or other direct tax sha be laid, unless in ■•■••■■■- or enumeration hereinbefore directed 10 be taken. Par meas) than a hundred years after ti;e p.doptlon Of the Constitution various tax laws of Oaaapveaa were from time to time brov.ght before the courts ujion objections that they imposed direct taxes in violation of l he rule of apportionment. The decisions of the courts uniformly sustained these WHY SALVES FAIL TO CURE ECZEMA ScJsntUU "are now agreed that th« o zcir:~ germs ar<* lodged not !n the o-jtcr fckln or epidermis, but in the in nf-r Pkin Hence. 8 penetrating liquid i« r« quired, not an outward salve that C>93!S the pores. We recommend to all eczema patients The standard prescription Oil of Win tergreeu as compounded in liquid form known as D D D. Prescription. A trial bottle Of this D. D. D Prescription, at only 25 cent*, Kill Instantly relieve tin itch. Wo have sold aiui recommended this remedy for years, and kr.ov.- O f won derful cures from Its use. We reeom pjmbbl it to our patrons. liegeman i: Co.. PJker's Drug Stores. laws, from the. Hylton case, in 1796, which sustained an unapportioned tax on car riages (3 Dallas. 171), to the Springer case, in ISflt which sustained an unapportioned tax on incomes. (102 U. 8.. 588.) In the mean time numerous laws were passed and enforced imposing taxes on in comes without apportionment, and a great part of the means for carrying on the Civil "War was derived from such taxes. Superior Court's Decision. In the year 1595, however, an Income tax law included in the "Wilson tariff act of 1594 was brought before the Supreme Court In the case of Pollock agt. the Farmers" i I^oan and Trust Company, and in that case the court decided against the law. The ; case was heard twice. On the first hea' | Ing a majority of the court held that a tax on income derived from real estate must be apportioned as a direct tax because a tax on real estate itself would be dlie.tt; and the judges divided equally as to whether a tax on Income derived from per sonal property must be apportioned £181 U. S. 42?). Upon the second hearing of the case the court, by a majority of five to four, held that a tax upon income cert' from per sonal property must be considered a. direct tax and must be apportioned (153 O. S., Ml). All the judges agreed, however, that tax- on incomes derived from business or occupations need not be apportioned. The effect of these decisions was thus described in one of the minority opinions: But the serious aspect of the present de cision is that J>y a new interpretation of the Constitution it so ties the hands of the legislative branch of the government that without an amendment •of that in strument, or unless this court, at some future time, should return to the old theory of the Constitution, Congress cannot sub ject to taxation — however great the needs or pressing the necessities of the govern ment — the invested personal prop erty of the country, bonds, stocks and in vestments of all kinds, or the income aris ing from the renting of real estate, or from the yield .if personal property, except by the grossly unequal and unjust rule of ap portionment among* the states. Thus, un due and disproportloned burdens are placed upon the many, while the few, safely in trenched behind the rule of apportionment among the states on the basis of numbers, are permitted to evade their share of re sponsibility 'for the support of the govern ment ordained for the protection of the rights of aIL It was so evidently impossible to collect an income tax by apportionment amone the | states according to population that the i pen<=ra] judgment of thp country confirmed | the opinion that the decision in the Pollock case had practically taken away from Con press a power of vital importance to the peneral government — a power the exercise of which had. at le.iFt in one Time of peril, proved essential to the nation's life. i Need of More Revenue. Th*» attenti Ml of the country was sharply called to the need of more government reve ruc for the first time «fter the Pollock case by the decrease of customs and internal revenue receipts and the rapidly mounting deficit which followed the financial panic of IJKT7. and in the extraordinary session of ('•Tt press which began on March 15, 190S, when the revised tariff bill came Into the Senate an amendment to the bill was intro duced, reproducing: in substance the old income tax provisions of 1894, which the Supreme < ourt had held to be invalid both a-= to income derived from real estate and as to income derived from personal prop erly. The avowed and necessary effect of ineiuding Bach provisions in the new tariff la« would be to present again to the Su preme Court the same questions which had "•een decided in the Pollock case and to challenge a reversal of their decision. Thereupon the resolution for the submis sion of this amendment was introduced in the Senate and was passed by Congress. proposal followed the suggestions of the Supreme Court in tie Pollock case. The evil to be remedied was avowedly and manifestly the incapacity of the na tional government, resulting- from the de cision that Income practically could net be taxed when derived either from real estate or from personal property, although it could be taxed when derived from business or occupation. Th- term: 5 of the amendment are likely to cure that cvi! and to take away from the different classes of income considered by the court a practical immunity from taxa tfon t>asvd upon the source from which they were derived. State Securities Immune. There was no question in Congress or in the courts or in the country about the taxation of state securities. No one claimed that the inability of the general govern ment to tax them was an evil. The inability to tax them did not arise from the terms of the Constitution, but from the fact that, being the necessary Instruments of carry ing on other and sovereign governments, they were not the proper subject of na tional taxation, and that, therefore, no pro visions of the Constitution, however wide the scope of their language, could be held to apply to such securities or to the income from them. Judge Cooley. in his work on Constitutional Law. says: The power to tax. whether by the United States or by the states, is to be construed in the light of, and limited by, the fact, that the states and the Union are insepa rable, and that the Constitution contem plates the perpetual maintenance of each with ali its constitutional powers, unem bairassed and unimpaired by any action of the other. The taxing power of the federal government does not therefore extend to the .means or agencies through or by the employment of which the states perform their essential functions, etc. This rule of construction has been main tained for generations. It is undisputed; it was referred to with approval by the justices who wrote and delivered the opin ions in the Pollock case both for and against the judgment. It has been de dared again and again by the Supreme Court to be not open to question. It is a rale of construction just as controlling in defining the scope of th« proposed amend ment a3 it is in defining the scope of the existing provision? Under it, from the earliest times of our government, the ap parently unlimited taxing power conferred by the terms of the Constitution has been held not '■'> apply to the Instrumentalities of the state. Under it acts of Congress which, by their express terms, appeared to Include instrumentalities of state gov ernment, have uniformly been held not to include them. This uniform, long estab lished and indisputable rule applied to the construction of our Constitution— rule which has been declared to be essential to a continuance of our dual system of gov ernment—forbids that the words of that Instrument conferring the power of taxa tion shall be deemed to apply to anything but the proper subjects of national taxa tion. Under it we are forbidden to apply the words "from whatever source derived" In the proposed amendment to any of the instrumentalities of state government. No New Grant of Power. This amendment will be no new grant of power. The Congress already has power to Impost • taxes on Incomes •from whatever source derived, subject to the rule of con struction which exclude* Ktato securities from tin operation of the power; but the taxes bo imposed must be apportioned among the states. Under the proposed amendment there will be the same and no greater power to tax incomes from what ever *oiM«.e derived, subject to the same rule of construction", but relieved from the I 1 'i ■>]. ■ . !.:• ii: that the tax shall be appor tioned: It appears therefore, that v.r, danger to ti> puswis or Instrumentalities of the i i from the adop : tn« imendment. !« w-.'ii'i !< hi;" ;• regret :f the ■:• ■ •■ •■ ! '■•!.• gislat ure - r %■ ■ I orli Should Not Selfish. It is saiil that a very large part of any income tax under the amendment would he paid by the citizens of New Fork. That is undoubtedly true, but there is nil tho bio:« reason why ".a UegfslsiUire should take special care to exclude every narrow aud selfish motive from Influence upon its action and should consider the proposal In a spirit .1 broad national patriotism and NEW- YORK DAILY TRIBUNE. TUESDAY. MARCH 1. !»«>. THE VAyiJ* WASHI/fGTOJV DO YOU REALIZE.— Do you realize that despite ail the publicity given to the fact that Secretary Ballinger cancelled an order whereby Secretary Garfleld had withdrawn from entry 3,000,000 acres to protect water powsr sites. Mr. Ballingcr never disturbed other orders? of hi* predecessor, withdraw ing 60,000.000 acres for conservation pur poses" Do you understand t«J9*. Sir. Viai lingers cancellation oro-r aff^tcfi ifcSS than 5 per cert of the ari.-u >li!'firann" Do you know ha ever since January. i9OB, the government has been seeking to defeat the Cunningham claims to Alaska coal land* because it feare i the fiuggenbeims were in a conspiracy to Ret hold of these claims; that it is trying to ■'.< so stl'.l; that the- removal of Ola has, never affected in any way the purpose of the administra tion to cancel these claims? Do you know that not . i ••■ acre of Alaska coal lands has been patented— that is. has passed into private hands? Do you realize that Secre tary Ballinger has drawn for conserva tion purposes more than 7,<«"»>,000 acres since he has become Secretary? These are fundamental facts in connection with the current controversy which must be borne in mind if one would not be misled by the vast amount of misinformation which is finding its way into print. • It is also important to bear in mind that Sec retary Ballinger has sent to Congress the first actual conservation bills that have ever been framed, that these have received the Indorsement of the President and that they are part of his legislative programme. With these facts in mind, it may be pos sible better to separate the chaff from the wheat in this Ballinger-Pinchot contro versy. s PRESIDENTS VICTORY.— As wa<= fore- , shadowed in this column, the House Com mittee on Interstate Commerce v,.j, O ited to day the administration interstate commerce I bill, including the provision for a special commerce court, the vote in committee standing 10 to S. This constitutes a , marked victory for the President, who has all along insisted on the creation of such a court. It is in line with the position of President Roosevelt, who contended when the rate bill was before the Senate that m should act upon it for the best interests of our whole country. The main reason why the citizens of New- York will pay so large a part of the tax is that New York City is the chief financial and commercial centre of a great country. ■?\ith vast resources and industrial activity. For many years Americans engaged in de veloping the wealth of all parts of the country have been going to New York to secure capital and market their securities and to buy their supplies. Thousands of men who have amassed fortunes in all sorts of enterprises in other states have gone to New York to live because they like the life of the city or becaCse their distant enterprises require representation at ihe financial centre. The incomes of New York are in a great measure derived from the country at large A continual stream of wealth sots toward the great city from the mines and manufactories and railroads out side of New York. The United States is no longrr a mere group of separate com mimities embraced in a political union; it has become a product of organic growth, a vast industrial organization covering and including the whole country, and the rela tion of New York City to the whole organi zation of which it is a part is the great source of he: wealth and the chief reason why her citizens will pay so great a part of an income tax. We have the wealth because behind the city stands the country. We ought to be willing to share the burdens of the national government in the same proportion in which we share its benefits. The circumstances that originally justi fied the establishment of the rule of ap portionment in ihe Constitution have lo,ng since passed awaV. It is universally con ceded that it* application to existing condi tions would be so un.iust and inequitable, as to be Impossible. The power of taxation which the rule makes it impossible for the natioi? to exercise may be again, as it has once been, vital to the preservation of na tional existence. It would be most un fortunate if the several states of the Union were to insist upon the continuance of this unjust and useless limitation upon the nec essary powers originally and wisely grant ed to the national government. With kind regards. 1 am always very sincerely yours, ELJHU ROOT. Hon. Frederick M. Ija\enport. Senate Chamber Albany. Senator Davenport's Comment. After reading the Root iettcr Sen ator Davenport paid a glowing tribute both to Senator Root and Governor Hughes. He said that a difference of legal opinion between two men of the calibre of Senator Root and Governor Hughes had in it no element whatever of personal controversy; yet nothing could be clearer, he said, than the line of cleavage between the two opinion. 0 . ••Speaking for myself." said Senator Davenport. "I do not regard ihis dif ference of view between legal experts, important as it is. afl at all funda mental in the final determination of this isnie. I think it will turn out to be pretty nearly ihe universal opinion of the economists and experts in prac tical finance that the Governor's fears are ill grounded. No harm can come u<> the credit <>f state or municipal bonds through the levying of a general income tax. "There remains. <>f course, t ho selfish consideration th;<t the state of New York, with its great ability, would be called i>n t<> \ray a considerable por tion nf an Income tax. But thi.s un worthy consideration is su thoroughly demolished by Senator Root In the clos ing paragraph of his letter that here after it ought in hide its diminished head. 1 ' In the Assembly the letter was read from I lie clerk? desk. In both houses it was ordered printed as a legislative document and referred to the Judiciary committees. In the Assembly th ■ minority leader, Mr. Ftisbie, expressed thanks on behalf of the Democrats for Senator Root's -splendid exposition <>f the right and ■iut.v of the .state in accordance with the good old Democratic doctrine." He called attention to the fad that William .1. Bryan h;<<i advocated such a measure years ag<>. TO PROTECT AMERICAN JEWS. President Takes Up Question of Pass ports in Russia. Washington, Feb. 81.- President Taft has Instructed the American Ambassador at St. Petersburg, Mr, Rockhill, to make strong representations to Cue Russian government looking to the Inviolability of American passports In that country. Mr. Rockhil!, it is stated, will take the matter up person ally with the Russian Emperor. , . The publishers of two of the most Influ ential Jewish newspapers In this country, i•• a Kamurky and Jacob Knphii stcin. of New York, took up this nat ter with the President to-day, and told him that for a number of years the Jews of this country bad been endeavoring i" ob tain action which would give American «■■■ iztns freedom "from political arrests In Rus sia. President Taft said thai he was per sonally <ltepi> interested In the matter and that he Int.] given Mif. (•'"khlll the instructions referred to above as one of the most important feature! of his mission -to Russia. either there should be no court review or there should be a special court to re view interstate commerce cases, in order to avoid delay. The members of .tat commit tee who stood by the President when the measure came to a vote to-day •»*>• Rep resentatives Wanger, Esch. Townsond. Ken nedy, Knowland, Hubbard, Miller. Stafford. i ].!»•!■ and Wash burn. Representatives Mann, of Illinois, and Stevens, of Minnesota, voted with the six Democrat? against th« measure. It is predicted that th*ie will be an Interesting: and protracted debate on the measure on the floor of the House, but the leaders have pledged themselves to the President in its support and he has no doubt regarding its final enactment. roSTAf.. SAVlNGS.— Republican Senators held a protracted conference over the postal savings bank bill to-day, it was attended by Senator Carter, in charge of the bill, and Senators Root. (Vane, Gamble, Smoot. Crawford. Jones. ( *urtis, Sutherland an<J Borah. No decision was reached at the coi.ference. and another will be held, pror ably to-morrow. It is expected, however, that as a result of these conferences an agreement will be reached whereby th* bill will receive the solid Republican sup port, which is what the President wishes, inasmuch as the proposition was pledged in the national platform. Senator Carter is working indefatigably to secure harmony on all amendments and he believes that his efforts will be crowned with success. TO RAISE TUX MAINE. The Tfous=e Committee on Naval Affairs has decided to I report favorably the bill of Representative Loud providing for the raising of the bat tleship Maine, which lies in Havana llar i DOT. There were a numher of bills before the committee, but Secretary Meyer ex pressed a preference for the Loud bill, and I that is the bill which will be. reported. It. J authorizes the Secretary of the Navy to ari ' vertise for bids on the work and provides | that the >Yesident shall cause to be con i eluded a convention with Cuba permitting i the work to be performed. It is not cx i pected that there will be any serious oppo ! sition to the bill on the floor of the House. a. g. h. MR. FA FT TO EDITORS. 2'nlks to American Association of Foreign X ens papers. [From The Tribune Bureau. I Washington, Feb. 28.— "I visited the East Side in New York about two years ago. and I was exceedingly impressed with the face that all that Jewish population there had recognized the opportunity that this coun try offered to them, and that the young men and women who had attended the pub lic schools and who had settled in that pr.rt of New York had appreciated to- the full the benefits that this country conferred, and that there was no part of the country In which the real, true spirit of "patriotism prevailed more deeply than there." The President said this to the representa t; s of three hundred and fifty foreign newspapers published in the United States who called at the White House to protest against the proposed Immigration legisla tion now pending in Congress. Objection was mttde to the Hayes and Overman bills. L.. M. Hammering, president of the Amer ican Association of Foreign Newspapers, who spoke for the delegation, objected to the provisions of these two bills, providing for an educational test, an increase ef the head tax and exclusion of all males over sixteen years of age who do not possess $.&. Mr. Hammering said that the foreign ed itors did not object to the exclusion of morally and physically undesirable immi grants, but seriously objected to keeping out of the United States any desirable per sons. The editor called the President's attention to the fact that »)5 per cent of the farmers owning farms and working as farm laborers came from Europe during the last thirty years, that about 69 per cent of the 590.000 miners mining the coal to operate the great industries came from abroad, that 69 per cent of the 580,000 steel and iron workers in the United Statt-s are immi grants, and that 90 per cent of the labor employed for the last thirty years in con structing and repairing the railways of this country came from Europe. At the conclusion of Mr. Hammering's plea in behalf of the immigrants President Taft made an address. He said he was not acquainted with the details of the bills to which his callers objected, and promised upon the receipt of the bills from Congress that he would send for them, and would again listen to whatever objections they wished to make before attaching his signa ture. "It is possible that I shall differ with you," said the President, "but I think that where a hearing Is given a safer con clusion is likely to be reached. "In going about this country thirteen thousand miles, as I did last year," con tinued Mr. Taft, "the thing which im pressed Pie more than anything else was the fact that the process through which we had gone, of welcoming Immigrants from everywhere and mixing them and amal gamating them with our population, had produced ;i distinct type of American, as distinguished from any of the people of which that type was made up, and that, therefore, were we to impose unjust bur dens and slop immigration we should go back on thai which up to this time had enabled us to b<- a great people." The Secretary of Commerce and J.abur was a member of the conference. man Eli out of race. President Will Not Make Him Surveyor of Port. Washington, Feb. 28. -It was learned to day ihat Presiden 1 Taft had practically ghen up the Idea of appointing Frederick 11. Bugher, Deputy I'olicp Commissioner of New York, as Surveyor of the Port there. Kver .since it was- intimated that ilip President might n.ake this appointment there had been a storm of protest from the Republican leaders in New York. OB the ground that Mr. Bugher was a Demo i rat. Mr. Bugher hah been In Washington since >esterday and haii a talk with Presi dent. Taft aboii! the matter of his appoint ment. Senator Root and several Congressmen also saw ihe President to-day. The mat ter Of selecting a successor to Surveyor t'larkson is not a pressing vw, as tiie iat fr's term does not expire until April IS. The New York County organization, it is said, will not make any recommenda tions for the place, as it is considered that It Is distinctly a Senatorial appointment The Republican Congressmen from New York City some some time ago recom mended to the Senators the appointmtnt of Richard Parr. Deputy Surveyor, who waa Instrumental In exposing the sugar weigh ing frauds. It is understood thot until he ga\e up tiie idea. Of appointing Mr. Bugher the Presi dent hari i«>t .seriously considered any othei names, and that his miint is entirely open on tho proposition. He ha* until early In April to make a choli c Now that Mr. iiugher is not to become Surveyor it is not unlikely that in the course of time he will succeed Commis sioner Hake as tlu> head of I lie Police 1 >» - partment. It ha- been understood that Mayor Gayn'or has wore than once asked .Mr. Hughei. who is nov. Deputy Police Commissioner, buy he would receive a sug gestion to take charge of the. department. To this Mr. Bugber ha:-. III! to reply that he was i:..t in any post* m to mak-.: a deci sion at the time It Is thought that the reorganisation of th. Police Department, which Major Oaynor has been working out for some time, has been held up until the future of Mr. Bughcr was inure certain. d^ Revolution W in baking methods which gave the f . world Uneeda Biscuit also resulted in a Revelation «* in soda cracker quality. You Jjf* realize this the moment you p^ k open the royal purple package (Lr a sold Xk) nd fin f Sod * f ker S ° temPt " ing and good that they cannot k resisted. jm*^ Uneeda mw Biscuit A EC B^C°lT L I^^^ COMPANY y^^ MUST GO TO COURT SENA TORS LIA BLE. Justice Wright Rules That Then Are Not Above Laic. Washington, Feb. 28.— Justice Wright, in the Supreme Court of the District of Co lumbia, to-day decided thut the court acted entirely within its authority when it issued the writ of mandamus ordering the joint Committee on Printing of Congress to show cause why it should not consider tiie bid of tiie Valley Paper Company, of Holyoke, .Mass. This means that the Sen ate members of the committee will be com pelled to appear in court, either in person or by counsel. In a decision which he took two hours to read from the bench Justice Wright quoted law and precedents in cases and declared that to have refused to issue the mandamus because some of the persons sued occu pied the exalted position of Senator "would have been to betray the law." "No man in this country is so high that he is higher than the law," declared Jus tice Wright. "All officers are creatures of the law, and even the government of the United States is less than the law. What is there in the exalted position of a Sen ator which prevents any citizen from lay ing what he believes to be an injury before the bar of justice?" The justice announced that his decision made no attempt to dispose of the merits of the case, but was merely to hold that the court was art ing within the authority which had been conferred upon it by Con gress itself, and was interpreting the very law which Congress had created. Members of the Senate Committee on the Judiciary, which committee advised the action of the Senate in ordering its members of the joint Committee on Print ing to ignore tiie order of the District Court, ssira ir that these Senators are not in contempt, but only in default. The gen eral impression was that the court would continue the case instituted by the Valley Paper Company and accept the s-iswer of the House members of tiie joint committee The Senate members feel certain that the paper company's protest will be re jected on its merits, and that the question of jurisdiction wiil not, therefore, be prosecuted to adjudication by the Supreme Court of the United States. Senator Smoot, chairman of tiie Senate Committee on Printing, stated Tiiat he would make no move whatever, as thf whole, question was for the Senate. FOR PAT EXT (OIRT. Bill in Senate Provides Special Tribunal for These Cases. [Prom The TrißuiM Bureau 1 Washington, Feb. 28.— Senator Brown ntade a favorable report from the commit tee o patents to-day on the bill to create a new court which sh;tll exercise the juris diction now exercised by ihe circuit courts of appeal in patent causes and Which shall have no other jurisdiction. The court is to consist ot five Judges the chief justice to be appointed by tbe President for life. The four associate justices are to be designated by the Chief Justice «.>f ;he Supreme < '< >u rt from amoii^; the federal district ..nd circuit judges, for six ye.ir terms. The judges so designated are to be puid additional compensation during the periorl that they arc away from their dis tricts or circuits. Senator Krowi: points out 'i>at under the existing system there are nine courts of last resort hi patent cases, with the result that there are great confusion and uncer tainty in respect to patent titles. A patent may be decreed valid in eight circuits, but if In the ninth the couri declares it in valid the patentee loses all the britents of the decisions in the eight others because hi the ninth circuit any bod] :n:iv manufacture the article an<i se!i ii in any part or the • United states. < >ne of ti>e unique features of Senator Brown's report is that it raises the ques tion <if the constitutionality <>f the meas ure which is reported for passage. Two constitutional points are raised, one being tin power of the Chief Justice to designate the four associate judges of the ii<'w court, inasmuch us the power t" appoint judges ia vested in the President i>y th>- Constitution, The second point is whether it is possible to Increase the salaries of the Judges while they are serving '>n the patent court and to withdra the increase when they return to their districts <v- circuits, Mr. Brown suggests t.:at ihis may i>e regarded as a reduction oi the salary of s federal ., '!■ Ik 1 * during his term, which Is prohibited bj Ibe Con > it ..; ion. - HARD SMOKER LIVES TO BE 110. t Mllfor.i, N. H., Feb. Ten year past the century mark, Michael Lcavitt died t here to-day. Up to » year ago be walked : loiik distances and <li<! considerable, work; l.fHvitt was an inveterate .smoker. BOOKS AND PUBLICATIONS The latest publications may be had at the Mercantile Library, Aator Pictce and Eighth Street. Branch, 141 B'way, Room 715. Books delivered at residences. FOR BY SIX ESS BOARD. Senate Passes Aldrich Bill Cre ating a System Bureau. f From The Tribune Bureau. l Washington, Feb. 28.— Th« only business of importance transacted at to-day's ses sion of the Senate was the passage of the Aldrich bill, creating a government busi ness methods commission. Various amend ments to the bill offered by Senator New lands were voted down, and no rollcall on the passage of the measure was de manded. The bill provides for tiie appointment of five Senators and five Representatives to inquire into and to report to Congress art the earliest date practicable what changes are necessary or desirable in the methods of transacting the business of the govern ment or the lawa relating thereto. It is the belief of the Senate leaders tiiat the commission will h<> üble to work out plans which will result in a material saving in the running expenses of the government. When the bill was before the Senate, a week ago. Senator Aldrich said that if he. as a business man. were permitted to run tie government he would be able to caTcct a saving of y!00.<»0.000 a year. HEIKE CASE GOES OVER. Court to Render Decision on Immunity Plea in a Week's Time. Washington. Feb. :X.-After a sharp con flict between th© counsel concerned, the Store Ready at 8:15 A. M. Eight Car Lines Directly on the Interborough Subway Each Way to Store rr ' MMM gy o^ nil iiajr* of TTana- W B^— Jt r maker »w9 In To __-, . ATT/lli Afttn LOj* ni R ht\. Evening TH- Things 'lAIIiII AHIIUJTu/F tim '= im f nnr Mail. V\l "7 *Or K*«Hnß r»*t and ReadY M m Brooklyn Standard w / New York, March 1, 1910 It Took Six Months to Prepare This March China Sale. So It Is No Mushroom As much of it as can be put on the counters at once will be exhibited and sold today in the great China Store, Second Gallery, New Building. As assortments are depleted they will be quickly renewed by fresh lots from the invoice. This china comes from such celebrated Limoges potteries as THEODORE HAVILAND, POUYAT. CHAS. FIELD HAVI LAND. REDON and other French factories, besides less expensive dinner sets from good American works. Fancy china and bric-a-brac will be sold for 25 per cent less than usual. An importer's sample "line" of RICHLY DECORATED FRENCH FANCY CHINA including chop dishes, cake plates, salad bowls, sugar and cream sets, cups and saucers and various plates, will be sold at exactly fifty per cent less. He can afford to sell it for that. We took all he had and there is probably no other store that could take so large a quantity at once. Some Market Prices Specimen prices for French dinner sets of 100 to 114 pieces, some including BREAD AND BUTTER PLATES, are Redon sets at $22.50, instead of $32.50; $20 instead of $30. Chas. Field Haviland sets $20. instead of $35. Theodore Haviland sets. $17.50 instead of $25; $70. instead of $100. American sets $8.50 and $10, instead of $15 and $18. Samples of fancy china, rich in design and new in shape, include Chop dishes, at 50c to $2.50: regularly $1.25 to $6. Cake plates, 50c to $2; regularly $1 to $4. Salad bowls. 50c to $2; regularly $1.25 to $4.50, etc. Beautiful Cut Glass With Ail-Over Cuttings American cut glass is as fine as is made anywhere. It is sold by the best shops in Paris. London and Vienna, as well as in New York. Eight of the highest grade American cut glass manufacturers have contributed cut glass to sell at 25 to 50 per cent less than our usual low prices. We use the entire output of one factory and keep the other seven busy most of the year, so they are as anxious as we to give our customers something of extra value during this month. Cut glass values are so many that we can instance only a few. Bowls, 8 to 10 inches. $1.75 to $11 : regularly $2.75 to $15. Flower vases, $1.50 to $7.50; regularly $2.50 to $10.50. Water jugs, $2.50 to $4 : regularly $3.75 to $7. Sugar and cream sets, $1.85 to $4.50; regularly $2.75 to $7. Footed bonbon compotes, sl.7s t054.50; regularly s2.so t056.50. Celery trays, $1.50 to $3; regularly $2.50 to $5. ' Olive dishes. 60c to $1 : regularly $1 to $1.75. /I A Formerly A fT/% // /f 111 /t Afl / Broadway. AT. Stewart & Co. HA [111 /lIIfUjNW > Fourth avenue, VuWj/L'VWV V */0f E 'S hth Tenth St. j Supreme Court of the United States to-day declined to vacate the order Justice Lurton Issued on Friday last staying the trial of Charles R. Heike, a former official of the American Sugar Refining Company, until the Supreme Court reviews the decision o! the Circuit Court las the Southern District: of New York in regard to his immunity plea. Heike is barged nith conspiracy ss de fraud tha ajcNraraaaaai in tht weighing of snaai imported. The esMsrl did. haasvvajr, take the niatt-r under consideration, with the possibility that it may ia.ttr vacate, the order. The subject was brought before the court by Solicitor General Bowers. He asked that the order be vacated so that Heike might be tried to-morrow "with his subor dinate clerks," who were indicted with, him. Ceuigs & ilraham ar.d JL R. fltaaeißasM appeared as counsel for Heike, a: posed the reajßMajs. A sharp conflict arose as to whether thera was a judgment in the case. The Solicitor General offered to show a certified copy of the proceedings, so that the opposing coun sel might point out a judgment. "I don't propose to accept your record," retorted Mr. Graham. Although eoaasel tm Bajfefl wanted thre© weeks in which to print the record, they were given one am oil by the court to print a reply to the request of the government. It is understood the trial of both Heik* and the clerks will be held up for a week in order lo give; the Supreme ''o>:r: an op portunity to act.