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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, March 12, 1895, Image 3

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CLOSED WITH RIOTS.
Disgraceful Scenes in
the Legislature of
Indiana.
FIERCE FIGHTS IN ORDER
Revolvers Drawn and Many
Persons Very Seriously
Injured.
THEY SHUT OUT ONE VETO.
The Little Scheme of Covernor
Matthews That Caused the Dis
order and Bloodshed.
Indianapolis," March 11.— The Legisla
ture broke up in a wild riot to-night, in
which almost every member participated.
Revolvers were drawn and many persons
were seriously injured, Adams of Parke
County perhaps fatally.
For fully twenty minutes the Statehouse
was filled with a howling, surging mob.
Men who had been friends and sat side by
side during the session became deadly ene
mies and made every effort to injure each
other. Myron King, Governor Matthews'
private secretary ,was locked in the elevator
and a big burly man guarded the door
and refused to allow him to leave. The
police finally drove the man away and the
secretary was released. When he arrived
at the door of the House at 11 :55 he found
it locked. He had an important message
from the Governor and a great deal de
pended upon its delivery to the Speaker of
the House before 12 o'clock.
He pounded on the door, but was de
nied admission. He cried that the door
was locked and requested that it be opened,
as he had a message from the Governor.
His voice was heard by a number of Demo
crats who were in the corridors, and they
ran to his assistance. An attempt was made
to force open the doors, but the crowd of
Republicans who were bent upon the Gov
ernor's secretary being kept out with his
message resisted with all the force they
could command. The heavy oak doors
were unable to stand the pressure brought
to bear upon them and they were
forced open. King, who was in front, was
forced right into the crowd of Republicans,
who were bent on keeping him from reach
ing the speaker. With one accord the men
began striking at each other, and the sec
retary was in great danger of being killed.
"Kill him," cried a hundred voices.
Women who were in the gallery screamed
and one or two of them fainted. In a mo
ment everything was confusion, and ■
friends and enemies alike were fighting. j
The sole aim of the Democrats was to get j
King through the crowd to the Speaker's
desk with the Governor's veto and the
Republicans were determined to hold him
back until 12 o'clock, at which time the
House would adjourn sine die.
Inch by inch the Democrats gained
ground. Many persons were knocked
down and trampled under foot. Revolvers
were flourished in the air, but as fast as
they were drawn the men holding them
were knocked down. The heavy chairs
were torn loose by the mob and the desks
were broken to pieces. Doors leading to
other rooms were shattered by persons in
the corridors trying to effect an entrance
to the chambers. The police were power
less to check the mob, which seemed bent
on destroying everything in the room.
At 11:57 the excitement was intense.
Men were fighting in every part of the
room and several of them were bleeding
from numerous wounds. The Democrats
were gradually forcing King toward the
Speaker's desk and the Republicans were
growing weaker on account of some of
them being injured. A few minutes later
King, with his clothing torn almost
from his body and his back bleeding,
was pushed by main strength through the
crowd and thrown heavily against the
speaker's desk. He held Governor Mat
thew's veto in his hands, but it never
reached the speaker. Just as King was
about to place it in Speaker Adams' hand
that official kicked and beat back the crowd
and in a voice which could be heard above
the horrible din cried :
"The House has adjourned— the House
has adjourned."
This raised a great cry from the crowd,
and everybody made a rush toward the
Speaker. The veto was torn from King's
hand by a man who dashed out of the
crowd with it and made good his escape.
This practically ended the riot. Sereral
small fights occurred, but the police finally
succeeded in driving them from the cham
ber. No less than two dozen persons were
hurt. No arrests were made.
The trouble originated over the attempt
this morning to supplant Custodian Grif
fin, a Democract, with a Republican.
The Governor has three days in which
to consider all measures. The bill was de
livered to the Governor three nights ago.
It was his scheme to hold it to the last
minute and then the Legislature could
not pass it over his veto, as its statute ad
journment would take place at 12 o'clock.
The Governor's secretary started with the
bill within 10 minutes' timo.
Adams, who was injured, is the repre
sentative of Park County. He was kicked
in the pit of the stomach and had to be
carried from the House.
Long service has proved the superiority
of Dr. Price's Baking Powder. It is with
out a successful peer. *
HE DEFIES MR. MATTHEWS.
Lieutenant-Governor Nye of
Indiana Beards His
Chief.
Bills to Prohibit Prize-Fighting
Shut Out by a Peculiar
Ruling.
Indianapolis, Ind., March 11.— Lieute
nant-Governor Nye ruled to-day that the
Senate could not pass any bills, as it was
the last day of the session. Speaker
Adams of the House made an opposite
ruling', allowing bills to be passed.
There was an animated scene in the
Lieutenant-Governor's room at noon after
the Senate adjourned. Nye was signing
bills wb^en Governor Matthews came in.
He was visibly excited and said he had
three bills before the Senate which ought
to be acted upon. One was against prize
fighting.
"Under your ruling," declared Governor
Matthews, "these bills cannot passed.
You should not have made such a ruling."
"My ruling was according to the consti
tution," and the Lieutenant-Governor
reached for a book and read the section.
"I am willing to waive my rights under ;
the constitution," said Governor Matthews. j
"Well, lam not. What is the constitu- j
tion made for if it is to be disobeyed? Is j
it made for the whole people or just for the
Governor of Indiana?" said Mr. Nye.
"You made a wrong ruling two years
ago."
"I say I did not," and the Lieutenant-
Governor brought his fist on the table be
fore him. "I ruled then that a bill under
consideration on Saturday night at ad
journment was proper to be brought up
Monday."
"Well, if those bills are lost I will hold
you responsible for them."
"I don't care a for your bills. They j
have been before the Senate for some time.
Why were they not brought up and passed
before this?"
"I don't know."
"I don't either. I know I did not inter
fere with them and I will not change my j
ruling."
LOST HER HUSBAXD OX THE ELB.
But Mrs. Annie Crool Will Wed His
Brother.
Chicago, March 11. — marriage license
was issued to-day to Otto Crool, who an
nounced the name of his prospective bride
as Mrs. Annie Crool, and said she was the
widow of his brother. The latter is sup
posed to have been among the passengers
who perished on the Elbe a month ago.
Mr. Crool will become the father of three
of his nephews and nieces by the marriage.
Mrs. Crool keeps a small grocery. She is
young-looking and rather comely.
H*
XOT READY TO GIVE.
Mrs. Lease Determined to Hold On to
Her Office.
Topeka, Kans., March 11. — Mary Eliza
beth Lease, the noted Populist orator, has
not made up her mind to give up her place
on the board of charities to George A.
Clark, although he hffd been appointed by
the Governor and confirmed by the Senate.
She claims her time will not expire until
February, 1896, and if her lawyer can find
a law to sustain her claim she will make a
fight in the courts.
COSTUMER WORTH IS DEAD.
No More Will the Famous
"Man Dressmaker" Rule
Over Fashion.
Remarkable Career of the
Noted Designer of Woman's
Wearing Apparel.
Paris, March 11.— Worth, the famous
"man dressmaker," is dead.
The cause of death was congestion of the
lungs.
Charles Frederick Worth, costumer, was
born at Bourn in Lincolnshire, England.
He went to Paris in 1846, and presently
started an establishment for the making of
fashionable costumes.
He achieved great success as the de
signer of fashions, and his establishment
in the Rue de la Paix was regarded as the
first emporium for the latest Paris fashion.
He employed not fewer than 1000 workmen,
four-sevenths of them inside and the rest
outside. M. Worth was himself the de
signer of the new styles which emanated
from his establishment.
Just how his death will affect the fash- !
ionable world will be interesting to note, I
for M. Worth changed the fashions of. the
feminine world as he pleased. His prices i
were not higher than those of many deal- j
ers in America, but he left a large fortune. '
He had for his patrons all the great ac
tresses and prominent society leaders, as '
well as the dames of many royal families.
DEATH OF CJBSARE CAXTU.
Career of the Xoted Italian Historian
and Author.
Milan, March 11.— Csesare Cantu, his
torian, is dead, aged 87.
Cjesare Canto, the Italian author, was
born December 8, 1807, at Brivio, in the
Milanese territory, and was destined for
the priesthood, but early adopted litera
ture as a profession. He was imprisoned
in 1833 for the offense of expressing liberal
tendencies in an historical work on Lom
bardy, and he spent his leisure hours in
describing the sorrows of a prisoner in the
form of an historical romance, "Mar
gherita Pnsterla" (1838), which is only less
popular than Manzoni's "I Promessi
Sposi." His magnum opus, the "Storia
Universale" (35 vols. 1836-12) has been
succeeded by a multitude of works on
Italian history and literature, as well as
works of a lighter character.
SEXTEXCEB TO DEATH.
Fate of the Turkish Soldier Who Ran
Amuck in the Streets.
Constantinople, March 11.— Mustapha,
the Turkish soldier who while intoxicated
recently ran amuck through the streets of
this city, killing Mr. Stupee, an American
director of the Metropolitan Railroad of
this city, and also killing a Turkish official
as well as wounding ten other persons.was
to-day sentenced to death.
The widow of Mr. Stupee was recently
granted a life pension by the Turkish Gov
ernment.
VICTO R V FOR IKS URGEXTS.
Peruvian Troops Defeated With a Heavy
Loss.
Buenos Ayp.es, March 11.— Advices from
Lima are to the effect that an engagement
has been fought at Cabanillas, Peru, be
tween Government troops and the insur
gents.
The Government forces were defeated
with a loss of 300 killed.
Tlie Grand Duchess a Mother.
. Coburg, March 11.— The Grand Duchess
of Hesse, formerly Princess Victoria Melita
of Saxc-Coburg-Gotha, daughter of the
Duke of Edinburgh, has been safely ac
couched of a daughter. The Princess was
married to Grand Duke Ernest of Hesse at
Coburg in April last in the presence of
Queen Victoria, Emperor William of Ger
many and other distinguished people.
You never need use more than half as
much of Dr. Price's Baking Powder as of
any other. A single trial will prove this.
Peace Prevails in Hayti.
New York, March 11.— The steamer Al
vin has just arrived from Haytian ports.
She brings news that all was peaceful at
the time of leaving the capital. In rela
tion to the reported rupture between
United States Minister Smith and H. R.
Hereaux of San Domingo, a passenger
stated the report had no foundation in
fact.
Death of Dr. Greeves.
London, March 12.— Dr. Greeves, a
well-known "Wesleyan clergyman, is dead.
James Temple Is Dead.
Chicago, March James Temple, the
veteran abolitionist, died last night, aged 70.
Admiral Beechey Dead. ;
London, March 12.—Admiral Beechey is
dead. ".=''•'-'■
THE SAN FRANCISCO CALL, TUESDAY, MARCH 12, 1895.
CAUGHT IN A SHAFT.
Men Imprisoned in the
Burning Sultan Gold
Mine.
ALL THE AIR SHUT OFF.
i
Many of the Unfortunates
Finally Drawn Out Un
conscious.
DARING ATTEMPTS AT RESCUE.
Several of Those Taken From the
Pit In a Very Critical Con
dition.
Minneapolis, March 11.— A special to the
j Tribune from Winnipeg, Man., says: The
; shafthouse at the famous Sultan gold
: mine, fourteen miles from Rat Portage,
; caught fire early this afternoon and before
i the flames were discovered they completely
enveloped the building. This, of course,
j shut off the air supply to the mine, in
I which were working from twenty to thirty
l five miners. A messenger who arrived at
| Rat Portage from the mine at 8 o'clock
i to-day says when he left at 4 o'clock
■ only four men had been brought up.
j A number of doctors were working?
| over these in the hope of resuscitating
them, but with small chances of success.
j The other men in the mine were certainly
; suffocated, and practically given up for
; lost. The shaft machinery being destroyed
i hindered the work of rescue.
The families of the men live at Rat
Portage, and there is great excitement as
their only communication with the mine
is a circuitous and somewhat dangerous
wagon trail. Further particulars are ex
pected to-night.
A later dispatch from Rat Portage says :
. The fire is supposed to have been started
j by a pipe in the pocket of a coat hanging
!on the wall. Foreman Johnson, noticing
■ the fire, called on the men to assist in put
i ting it out, but all ran away, being afraid
|of explosions. Johnson rushed into the
1 fiery room, removed two boxes of powder
) and then directed his attention to an at
i tempt to save the building. There was no
lire protection and a bucket brigade was
j organized, but it was of no avail, as the
| shafthouse was completely consumed. The
| fire started at 1 o'clock and until 1:30 no
I effort could possibly be made to assist the
men in the shaft.
As soon as the ruins were sufficiently
j cooled, it was found that the timbers lin
' ing the shaft were blazing, and water was
: then directed on these timbers, but in the
; excitement the greater portion was falling
useless down the shaft.
Shortly after 2 o'clock the fire was ex
tinguished in the shaft and the men de
scended and found six men on the first
level, apparently all suffocated. On the
lower level they found three more
and these men were in , better
condition than the others. Efforts were
begun to raise them. The first raised was
revived after a short time. The fourth
man, John Lagier, died shortly after he
reached the surface. The others were in a
critical condition when brought to the sur
face, but all recovered except Dolph Eric
son.
The rescued are: Alexander Neilson,
Randolph Ericson, J. Ericson, P. Strand,
W. Prinne, Charles Edlestrom, C. C. Peter
son and Charles Coon. Prinne was badly
burned.
It seems the air-shaft ignited and caused
suction of the air from the bottom of the
shaft, depriving the men of fresh air and
also causing smoke to descend the shaft,
and when found all were unconscious and
leaning against the side of the shaft.
AN INTERVIEW WITH LEO.
Interest Taken by the Pope
in the Affairs of
America.
The Reasons for Sending a Dele-,
gate Here All Set Forth
in Detail.
Albany, N. V., March 11.— In a letter
written by General George S. Batchellor,
formerly Minister to Portugal, are the
details of a noteworthy interview with the
Pope. The Pope expressed regret that
certain' newspapers and public men of
America objected to his sending a dele
gate to Washington or sending out an
encyclical as tending to meddle with the
affairs of a foreign government.
"This is an error," said the Pope. "I do
not seek to meddle with governments ex
cept to admonish my people to obey civil
law and conform to the authority of the
land in which they dwell. I sent a legate
to America in order that I might be better
informed as to the character of American
institutions and the peculiarities of na
tional and State governments, and above
all to reconcile any conflict, if there should
be any, between the government of my
church and the government of the land."
General JBatchellor writes: "His Holi
ness had no criticism to make on our
school system. He said: 'lam informed
that a liberal party controlling the State
of New York chose one of our priests as a
Regent of the University, and I am told
that the two Senators of that great State
represent two creeds— Protestant and
one Catholic. How, then, can I complain
of the institutions of America? The more
I study them the more they please me. I
have admonished all my people in America
to refrain from strikes, never to resort to
violence to redress a grievance, but appeal
to the law and the constitution.' "
The top notch of success in baking pow
ders is filled by Dr. Price's. Highest in
every requisite of an efficient leavening
agent.
NOT TO BE REINSTATED.
An Important Ruling Relating to a
Striking Fireman.
Omaha, March 11.— W. D. Cornish, spe
cial master in chancery of the Union
Pacific, has decided that Frank Hewett,
the Laramie fireman, is not entitled to
reinstatement as an employe of the Union
Pacific.
The case has been watched with a great
deal of interest by every employe of the
Union Pacific and the decision "has been
anxiously awaited. He was a fireman on
the Union Pacific fast • mail running be
tween Laramie and Rawlins. June 25,
1894, Hewett reported to the company's
physician at Laramie that he was ill and
asked for a ' layoff. The absence was
granted him. July 9 the A. R. U. called
out its members in Laramie and Hewett
was called to go to work and refused to do
so, claiming that his illness prevented
him from so doing. The master says in
his report that Hewett took active part
in the meetings of the strikers and made
several speeches, stating that the men
should stay out. The master said in his
report that the cause of his discharge was
his participating in the strike. His attor
neys filed an exception to this decision,
but the master overruled it.
GETS THE BIG PURSE.
One More Victory Gained by the Speedy
Yacht Britannia.
Men-tone, France, March 11. Many peo
ple came to-day from Cannes, Nice and
other places in the expectation of seeing a
race between the Ailsa and Britannia.
The Aiisa did not appear. She may have
to go to Marseilles for repairs. The race
to-day was for a prize of 1000 franc%, offered
by the President of France. The course
was twenty miles. The Britannia, Corsair
and Valkyrie I entered. The Britannia)
won the race for yachts in her class, and
the Dakotah for the smaller yachts.
The Prince of Wales was not present at
the racing to-day. The greatest interest
was manifested in the little American-built
Dakotah as she emerged from the harbor
with her mainsails reefed, carrying no top
sails, steered by her owner, Henry Allen,
who was clothed from head to foot in oil
skin. The Dakotah was no sooner outside
the harbor than she plunged her bow into
the big waves, which immediately swept
her deck fore and aft. The Dakotah's com
petitors to-day were Rolla II and Bebelle.
as under the measurement of the yacht
club of France, which were enforced for
the first time to-day, the American yacht
is rated at eleven tons.
The Britannia in her class won easily.
The time of the big yachts at the finish
was: Britannia 1:14:50, Valkyrie 1:49:20.
The Britannia consequently won by 21
mm. 20 sec. actual time. .
The Dakotah started at 11:25 a. m., and
the times at the finish were: Dakotah
1:18:20. Bebele 1:23:28, Rolla 1:25:22.
j But the Dakotah, her time allow-
I ance, won by a trifle over ten minutes.
FOUGHT WITH A PANTHER.
Terrible Experience of Two
Young Hunters in
Florida.
They Were Skinning a Slain
Cub When Its Mother
Assailed Them.
Juno, Fla., March 11.— William Curry
and John Crawford, young men who have
been spending the winter here hunting,
were attacked by a panther yesterday
evening. Curry received wounds which
are thought to be fatal, while Crawford
will lose an eye. The young men were out
hunting and their dog treed a young pan
ther which they shot, and not suspecting
the presence of the mother panther the
young men laid down their guns and be
gan at skinning the animal.
They had hardly begun work when the
mother panther, which was crouching on
the limb of a tree overhead, sprang upon
them. The hunters were crushed to the
ground and for a few moments were at the
enraged beast's mercy. The animal plant
ed its claws in the left side of Curry's face
and tore it open. The unfortunate man
rolled over, only to receive another blow
from the razor-like claws.
In the meanwhile Crawford tried to rise,
but the panther struck him in the right
eye, almost tearing it from the sockett
Crawford, although in agony and half
blinded, began to strike the beast with his
hunting knife. He dealt it blow after blow,
the fight taking place over Curry's body.
Finally, the knife found the panther's
heart and it dropped dead on the uncon
scious Curry. Crawford was so exhausted
that he could not go for. assistance, and the
mangled men lay there till nightfall, when
they were rescued by another party of
hunters and brought to this place.
Curry was found to be frightfully
wounded, and the physicians say that the
stroke which the panther dealt across the
abdomen will likely prove fatal. Craw
ford's principal injury is the right eye,
which will have to be removed. Curry
came here from Illinois and Crawford is
from Pennsylvania. The panther is the
largest ever killed on Lake Worth.
CRAIG QUICKLY PUT OUT.
One Blow on the Jaw Wins the Fight for
Slavin.
London, March 11.— thousand peo
ple assembled to-night at Central Hall,
Holborn, to witness the boxing match for
a purse of $5000 between Frank P. Slavin,
the Australian heavy-weight, and Frank.
Craig, the "Harlem Coffee Cooler." The
betting at the start was 5 to 4 on Craig.
After the usual preliminaries the men
came from their corners and sparred very
cautiously for an opening. Slavin was the
first to lead off with a light blow on Craig's
head. This led to a rally, in which Slavin
got in a couple of heavy punches on his op
ponent's ribs. On breaking away Craig
failed to land a blow aimed at Slavin's jaw
and tried it again without success, but re
ceiving on his own jaw a tremendous back
handed blow from Slavin's right, which
floored him like a log.
The attendants tried hard to revive Craig,
but upon the expiration of ten seconds he
was still lying helpless. Slavin was de
clared the winner amid a scene of intense
excitement. The fight lasted less than two
minutes.
Delicate and delicious are all food
products into which Dr. Price's Baking
Powder enters. The best leavening agent
in the world.
MINISTER BARRIOS ARRIVES.
On His Way to England as an Envoy
From Nicaragua.
New York, March 11.— Amonc the pas
sengers who arrived on the Canard steamer
Umbria this morning was General Barrios,
the special envoy sent to Great Britain
from Nicaragua to adjust the differences
between the two countries. Minister Bar
rios told a reporter that the troubles in
Bluefields bad nothing whatever to do
with his visit. He had heard of no recent
trouble in Bluefields. Minister Barrios
said he would probably return to England
in a few weeks. -p
Ballot Stuff Sentenced.
New York, March John Downs,
George King and Charles A. Otis, charged
with conspiring to violate the election
registration laws, was' found guilty by a
jury to-day and sentenced to one year each
in Slate prison. George E. Young and
Edward Sullivan, who were arrested in the
same case, were acquitted.
Profanity and Pain
Too often go together. Refrain from swearing if
you are suffering the tortures of rheumatism, and
seek the aid of Hosteller's Stomach Bitters, which
wiU expel the tneumatic virtis from your blood.
Kidney and malarial complaints, dyspepsia, con
stipation, neuralgia and biliousness are all relieved
by this sterling and comprehensive family medi
cine, which should be kept always on hand for
emergencies.
ON THE INCOME TAX.
Arguments Before the
Highest Court of
the Land.
UNCLE SAM'S SIDE HEARD.
Assistant Attorney - General
Whitney Says the Levy Is
Uniform.
EDMUNDS THROWS HOT SHOT.
Tells How the Blunders of Congress
May Lead Up to Fearful
Revolution.
Washington, March 11. — Assistant At
torney-General Whitney resumed his argu
ment in sustaining the income tax law be
fore the Supreme Court to-day. Attorney-
General Olney, ex-Senator Edmunds and
many other distinguished counsel in the
case occupied seats at the desk reserved for
attorneys. The courtroom was crowded.
Mr. McMillin, Mr. Springer and several
other members of Congress who had taken
part in the enactment of the income tax
were among those present. Mr. Whitney
addressed himself to the question of uni
formity in taxation, in answer to the
charges that the income tax violated the.,
principle of uniformity. He contended
that the limit of $4000 fixed by the law was
not class legislation.
If a subsequent Congress had sought to
amend the law by including that those not
previously exempted by the $4000 limit,
this amendment would no doubt be class
legislation, as it would apply to a distinct
class. ■ Mr. Whitney reviewed prior de
cisions in insurance and other cases, show
ing that the interpretation of this court on
class legislation would not apply to the
income tax.
Concerning the exemptions allowed to
certain corporations the Assistant Attor
ney-General said it was most surprising
that this was set up as a ground for in
validating the tax. He read from numer
ous Federal tax laws showing repeated
exemptions in the cases of art societies
and many other corporations. The court
had sustained tax emption to manufac
turing corporations in the District of Co
lumbia. Building and loan associations
and savings companies were frequently
exempted by law, as they we're made up of
poor people, to whom the law gave special
consideration. During the war the law
makers even exempted the mutual insur
ance companies from the operations of the
general tax law.
Mr. Whitney said that the Supreme
Court had already overruled the contention
that the taxation of land values and
rentals, as made by the income tax was in
valid. The State taxes were against the
land and not against the individual, but
the income tax was not against the land
but merely against the total income of the
individual. As this income came in part
from land it was merely an incident.
The income tax is in no sense a land tax.
It is not on the gross income from land
and other sources, but on net income.
Whitney took up the claim that the Fed
eral Government cannot tax municipal and
local securities held by individuals, as for
instance, bonds issued by New York City.
He said it had been decided in the case of
Bonaparte against the State of Maryland
that a State could tax bonds of the city or
State of New York. If the State could
exercise this power, why could not the
Federal Government do the same?
Whitney concluded at 1:39 p. M. and was
followed by Edmunds, counsel against the
tax. He spoke quietly and in a conversa
tional tone, much as he did when a lead
ing figure of the Senate. He stated the
contention of his client against the inva
sion of his rights and an inspection of his
private books and papers. If there was a
constitutional provision protecting the in
dividual it was the rock upon which the
contention against this tax was based.
Edmunds read from the constitution as to
the protection of private rights. These
provisions, he said, were trite, and yet it
seemed necessary in these days with such
legislation before us to recall these consti
tutional bulwarks against an invasion of
private rights. In a question of this
gravity he would feel disposed to ask the
court not only to pursue precedents and
follow them in this matter, but to go back
and rule upon the entire subject, so vital to
sustaining private rights.
The worst tyranny of history was that
which came in the guise of a relief. He
first spoke, of the action of Congress in en
deavoring to take away from the courts
the right to appeal for protection as was
the case in the income tax law. He did
not think the time had come when there
should be no longer an appeal to the courts
from the acts of Congress. It was beyond
the function of Congress to pass an act
that would strip the courts of their rights,
and this was just as true as to the rights
of the citizen as to those of the courts.
Speaking of the income tax law he re
ferred to the provision that the taxpayer
was required to make his returns to Dep
uty Collectors. He said that the deputy
was not recognized as a legitimate officer
under the constitution. "I do not, how
ever," he said, "mean to dwell on that, but
merely refer to it in passing as one of the
points of the vice which bloomed in the gar
den of the last Congress." He criticized
many other features of the law providing
for the collection of the taxes, pointing out
that it left no room for resort or appeal to
the courts, but left to the revenue officers
the adjustment, who, he said, were not
only the final judges but the inquisitors as
well.
"It is true," he said, "that these returns
are to be regarded as confidential, but how
are we to know they will always be treated
so? It is not possible to know how they
may be treated. Is it not possible they
may be handled, for instance, like the con
fidences of the United States Senate?"
Mr. Edmunds then reviewed the case
heretofore decided, which has been re
ferred to in the previous argument, and
discussed the points involved at length.
He was referring to the Hilton case, in
volving the tax on carriages, when Chief
Justice Fuller called his attention to the
fact that Mr. Hilton had an unusual num
ber of carriages, 125 as he remembered.
"Unusual in numbers, yes," Mr. Ed
munds asserted, "but he possessed them as
many persons possess virtue and grace."
He asfted the court to overrule its former
decision in the income tax as given in the
Springer case. "Let us," he said, "come
back to the true rule of the constitution,
We are to expect gradual and indefinite
similar departures from the line marked
out by the constitution, and we may de
part further and further from it until at
last, like the mariner after a storm, or the
traveler in the wilderness after the stars
again come out, we are compelled to read
just our course in the new light that is
given."
He argued that the past Congress had
overstepped the limits of the constitution
in imposing this tax because, he said, it
was short of money. He argued that under
the law 95 per cent of the tax would be
paid by 2 per cent of the taxable voters.
"It becomes," said Mr. Edmunds, "an
interesting subject of speculation as to how
long the Government can last under a
system which allows those who pay
nothing to tax their fellow-citizens. One
evil step will lead to another until by and
by we will have revolution, then anarchy,
then a tyrant to rule us as the revolving
changes go around."
Justice Harlan asked Mr. Edmunds if
he had formulated a definition of the dif
ference between a direct and indirect tax,
and he replied he had. He tnereupon pro
ceeded. to give it, saying a direct tax was a
tax on any kind of property and upon per
sons, not in respect of property in exist
ence, acquired or to be acquired ; not on a
calling, on the importation of goods, but in
respect to the things which belong to the
existence of property, while an indirect
tax included all the rest, as referred to in
the constitution under the head of duties,
imports and excises, which would be heavy
or light on each person depending upon
his will.
"Do you not," asked Justice Brown, "re
gard a tax that is paid by a person as a
direct tax?" and Mr. Edmunds assented.
Asked by Justice Shiras to give a defini
tion of excise he quoted Jacobs and John
son, where the latter says it is a "hateful
tax" collected by "wretches."
Justice Harlan suggested that the defini
tion would fit his (Mr. Edmunds') idea of
the income tax. to which Mr. Edmunds re
plied that it did in part.
Mr. Edmunds closed with a plea for
equality in taxation. He declared it to be
the mission of the Supreme Court, the
tribunal of last resort, to correct such mis
takes, and made a last appeal for a return
to the principles of equality and uniform
justice, even if in doing so it became neces
sary for it to reverse a former decision.
i Mr. Edmunds closed at 3:30 o'clock and
the court adjourned until to-morrow, as
Attorney-General Olney, who is to speak
next, stated that the hour left was not suf
ficient for him. Mr. Olney said in reply to
a question from the court that he should
not require more than an hour more of the
time, while Mr. Carter, who is to follow,
said he should, desire to speak for about
two hours, and Mr. Choate, who is to close,
said he would probably ask for more time
than two hours. It is probable, therefore,
that the argument will consume all the
day to-morrow and a large part of Wednes
day.
RECEIPTS FROM THE TAX.
They Will ' Be Heavier Than at First
Estimated.
Washington, March 11.— Although the
question of the constitutionality of the
income tax seems to be still somewhat in
doubt, returns are being made faster than
officials of the Internal Revenue Bureau
expected. Although the law requires pay
ments to begin July 1, collectors report a
number already received, amounting in all
to about $14,000. The fact that the law is
still before the courts is believed by the
treasury officials to have prevented the
payment of a larger amount, and if the
doubt is removed it is thought the tax will
come in fast and regularly between now
and July, when the actual work of pay
ments begin.
The joint resolution of the last Congress
extended the time for making returns
until April 15, but collectors have already
been notified to make their reports as fast
as possible. It is said at the bureau that a
careful estimate of the number of persons
and corporations affected by the income
tax approximates it at 450,000. This num
ber will make returns, but perhaps not
more than two-thirds will be taxed, as
many of those required to make returns
have incomes less than $4000, and will
therefore not be liable to the tax. It is im
possible so far to make an intelligent esti
mate of the amount of revenue that will be
turned into the treasury from the income
tax until all the returns are in, and no at
tempt will be made to calculate probable
receipts from this source. When the first
estimates were made it was believed the
number of persons and corporations which
would be liable to pay tax would be about
34,000. The preliminary returns, however.
it is believed, will show that the number
will be nearer 300,000, and that the amount
of revenue received will be far in excess of
the $30,000,000 which Congress originally
estimated would be received from this
source. ml
Upon the pinnacle of popularity is Dr.
Price's Cream Baking Powder. It has
never been rivaled.
DECISIONS AS TO DUTIES.
Two Important Cases Decided
in the Federal Supreme
Court.
Questions Involving Proper
Classification of Goods by
the Collectors.
Washington, March 11.— In the United
States Supreme Court to-day two decisions
were rendered in cases involving the ques
tion of the collection of duties. In the first
of these, that of Beautell vs. Magone, the
Collector of the port of New York, the
question involved was that of the confisca
tion of rugs woven on looms not fit for
weaving carpets, but which had been as
sessed as Wilton carpet because the surface
was cut so as to give it the appearance of
plush. The case was appealed from the
Circuit Court for the Southern district of
New York, which has sustained the classi
fication of the Collector, butjthe Supreme
Court reversed the decision.
The other tariff case was that of Cooper,
Collector, vs. John and James Dobson, in
volving the classification of certain goat
hair, which the Circuit Court for the East
ern District of Pennsylvania had held to be
free of duty, contrary to the decision of the
Collector. The decision in this case was
set aside and a new trial ordered. .
Justice Gray delivered an opinion in the
case of Catherine Coldey, appealed from
the decision in the Circuit Caurt for the
Eastern District of New York. This was a
case in which Mrs. Coldey asked damages
in the sum of $100,000 for alleged libel. The
judgment was affirmed.
The court announced that the interstate
commerce cases, one of which in
volves the long and short haul, and an
other of which is known as the "social
circle" case, had been restored to the docket
for reargument at the next term. The
court also announced a recess until Mon
day, the 25th in st., after disposing of the
cases now on hearing.
Condition of the Treasury.
Washington, March 11.— To-day's state
ment of the condition of the- treasury
shows: Available cash balance, $184,184,111;
gold reserve, $90,903,658.
TO FIGHT POPULISTS.
Democratic Statesmen
Are Hurrying Back to
the South.
MANY ARE VERY UNEASY.
Frightened by the Prospect
of a Fusion With Re
publicans.
FREE SILVER AND POLITICS.
It Would Seem That There Is to Be
Opposition to the New
Party.
Washington, March 11. — Democratio
members from the South are going back to
their respective States to begin at once «
fight against the Populists. In Alabama
Virginia and some of the other States th 6
prospects of fusion between the Populists
and Republicans in the campaign of 189G ia
causing considerable uneasiness, and im
mediate efforts to counteract the effect of
Populist influence will be made.
There is a decided difference of opinion
between Southern silver men and those of
the West. While the latter are determined
to make silver the chief issue in the next
campaign, the former are conservative and
still cling to the idea of bimetallism and
the use of both gold and silver as a basis
of national currency.
There are a few Southern men who are
willing to follow or indorse the stand
taken by Messrs. Bland and Bryan. They
regard the talk of the free-silver party as
absolute nonsense, and have no hesitancy
in declaring that its formation would de
feat the" purpose for which it had been
organized.
Even Representative Bailey of Texas,
who has been classed with the rabid free
coinage men and the third-party advo
cates, disclaims any sympathy or connec
tion with the movement.
"I think," said Mr. Bailey, "that in some
respects we have abandonded the princi
ples of the party and that an effort should
be made to insure the carrying out of our
platform promises."
"But," he continued, "this must be done
by the next national convention and can
not be accomplished by wandering further
from, the straight path in order to gain
some advantage for silver. The fight for
silver, so far as Democrats are concerned,
will be made within party lines."
None of the members selected by the
House and Senate to represent this coun
try in the proposed monetary conference
anticipate that anything will be done for
several months, and possibly not before
next year. Ex-Speaker Crisp lias no idea
when the conference will be called, and is
giving the matter very little attention.
Senators Jones and Teller will leave for
the West this week and do not expect to
return for several months. The silver men
do not believe that a satisfactory agree
ment can be reached by the conference,
and they are therefore but little interested.
Mexican Mustang
Liniment.
goes to the
* very citadel of pain
and puts all
aches to flight.
• Opening-
to-day, Tuesday, March 12, I
WILL make A SPECIAL EXHI-
• BIT of French Pattern
Bonnets and hats
AND
LATEST NOVELTIES IN MILLINERY.
P F, Butler, '
808 Market Street, Phelan
Building.
MJlffi,,flV , 'S"*^H| I suffered from catarrh
$3^4s?4M BAIVVjf of the worst kind ever
ffls^fy&!i[s a s| since a boy, and I never
ST.. <i *?3L.«i'fcto* hoped for cure, but Ely's
&WfFEVE R fof £Jg Cream Balm seems to do
fib*. <iMiHB even that. Many ac-
BjL^X^ jESk quaintances have used it
§2g|R| u 'ith excellent results. Os-
i^r*rcv^!^ car Ostrum, 4* Warren
KSP^O-^^^a aye., Chicago, 111
CATARRH
ELY'S CREAM BALM Opens and cleanses the
Nasal Passages, Allays I'ain and Inflammation,
Heals the Sores, Protects the Membrane from colds,
Restores the Senses of Taste and Smell. The Balm
is quickly absorbed and gives relief at once.
J A particle is applied Into each nostril and Is
agreeable. Price 50 cents at Druggists or by mail.
! ELY BROTHERS, 56 Warren street, New York.
TAMAR A IM Kio e z^e h . ,ne *•
I n 111 nil very agreeable to take.
CONSTIPATION
_^__ _ _ __ hemorrhoids, bile,
lUll I C II loss of appetite, gastric and
In BJ I£ la intestinal troubles and
■■■*»■■ tea " headache arising
from them.
GBILLOW w 'gffig!g§S^
Weak Men and Women
SHOULD USE DAMIANA BITTERS, THE
great Mexican Remedy; gives . Health and
Strength to the Sexual Organs.
Wilts Indian YefetaMe Pills
Are acknowledged by thousands of persons wha
have used them ,or over forty years to cure
SICK HEADACHE. GIDDINESS, CONSTIPA-
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purify the blood. «**j«e»t ana
Crossman's SBeciflc Mixture
With this remedy persons can cure themselves
without the least exposure, change of diet or
change in application to business. The medicine
contains nothing that is of the least injury to the
constitution. Ask your druggist xoi it. Price 91 a
3

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