Chicago Daily Tribune Newspaper, April 6, 1875, Page 4

4 TERMS OF THE TRIBUNE. TATES OF KUESCRIPTION (FAYADLE T ADYAXCE) 1as W00 oot In each town and village. Bpecial arrangements made with such. Bpeeiman coples sent free. & Tapreceat dolay and mintakee, bo surs and give Post. Ofsee addrens in full, Including State and County. Keml tancesmay bemade sitherby draft, expross, Post- Oftcoordor, or In registerad letterr, at vur sk, TERIIA TO CITY AURECTUBERS, Dally, delivarcd, Sonday excepted, 20 conts per week, Dily, éelivered, Sundes Included, 30 coata par wevk. Addres ‘THE TRIRUNE COMPANY, Coros Maditan and Doarhorn.als., Chicago, Il bt ks TO-DAY'S AMUSEMENTS. BIVICRKN'S THEATRE-Madisan atreet, betwaen Dawriinry =4 Htate, Kngagement of Loits, * Tho Lit- : tlo Deteelive. ACADESMY OF MUSIC~1alated atreat, betwean Mad. I5jand Mosroe, Bnrasensont ol Scventy urphs: clp.t NOOLFT'S THE (3tark and LaSalte, GRAND RA. 'k strest, il B S P A Lioun, F—landolnh strost, betmeen Virginian." i ADELPHITHEATRE. eatborn strect, corner Mon. 100, Varioty anlortalnmont, '+ Jack Harkaway.” Madivan stesot, lotween = Clark ot Dilariny's Progress.” MASONIO.~Tha Beard of Geand Examinars will con- ¥ons at Freamnson's [tl 1, Amorican Expeess Co,'s Hutlle Ing, Mea on 't Lerd oz, Auril 6, 1sio at 9 o'clocks a.m. It pested tht the mesting: will contintio turen 95 o7 cagmy and that hnes wiil o {600 ‘teariona snal 7, forenoon, Aftoruaon, and erentng, & EDWARD COOK, ctary of tho Loard, TS, aind Conelaro of ery, No, 1, K. T., this (Lursday) evon. ll”]\h!fiAl,{lulmm Duiness and ting Bir Toulghit o BV 1OURR. Recordor BUSINESS NOTICES. WE MPAN JUST WHAT Wi BAY., RPADY TO [roye it or refund the money, * Only €% for's full ant af tha fliinge, at balf the toeih, Firatclaas goid atre rarranted . W s MOCHESNEY'S, Goriier ki It . e The Chiragy Toibane, Tuesdey Morniug, April 8, 1876, Disappointment and regret will be felt at the defeat in the House yesterday of the bill for tho nholishment of the State Board of Equalization, It was one of the few really excellent nvd desirablo measures which seemed lkely to receivo fair tréatment at the hnads of this Logisinture, e The President'’s voice is against war or an- unesntion a4 a modo of indemnification for the Mexienn outrages, Neither stop is contem- plated in Washington, though it is quite probable that theState Department has taken oflicial notice of tho greaser incursions, and s signified to our noighboring Republic the desirnbility of putting a stop to that sort of thing, . The jndicial elections in Michigan yester dny resultod vory genorally in the election of the Republican candidates by increaged mn- joritics. In Connecticut the resultis not so enconraging, Lato sdvices indicato with cortainty the re-slection of Inoemsorr, the Democratic nominee for Governor, nnd, worse yof, tho defent of gallant Jor Hawxzy in the First Congressional District. Thero aro a fow Ropublican gnins in the ZLegislaturo, but not enough, it is thought, to overcome the Democratic majority of lost year. The returns show n heavy incrense in the total vots, but the Prohibitionists cut only a small fignre in the election, Tho con- test was botweon the Demoerats and Repub- Licans, and tho relative pluralities are noarly the samo as in 1874, — The Spectalor roporta a caso of * construct- Ive contempt™ in England. Two men were tried for passing eounterfeit coin. Cnap- DAOCK, whom the presiding Judge considered to bo tha chief criminal, was acquitted. His ngent, Kent, was found guilty. Crappock, - us hie left tho prisoner's dock, whispered to Kewr, 4 Iwill give it you forsplitting on me." He was overheard, and sworn testimony to that effgct was Inid befora the Judge. Tho Intter sent Xext to jail for a week, and sen- tonced Onrappock to n yenr's imprisonment “for groes contémpt of Court.” This was Biretching the judicial prerogative pretty far, mince the moan whom Crabpock threatencd was meither Judge, juror, connsel, nor witness, but a convicted eriminal. Tho ruling lns attracted much attention, The English practice doos not al- low nn appoenl in n contempt case, 5o thnt the offender cannot escapo bis year's incarcern- tion. Tho Speetator suggosts that an appenl should be allowed in all such cases, for, as it says, “tho sentence would then nt lenst be ratified by a Judge who was not under the immoediate influenco of the contempt,” e —— The testimony of Mr, Brremen yostorday was chiefly in rebuttal of the evidenco of Trrox and Mourtow, whose statements nsto the defondant's ndmissions of guilt are tiatly contradicted. The nceounts of severn! of the interviews as sworn to by Tirrox and Mout- TON are branded by Mr. Brecuzn as mon. strous falschoods, His explanation of the lotter of coutrition leaves a doubt us o whether his intontion is to ncknowl- wdge or disavow that extraordinary docunient, 14 he denles 1ts composition and its dictation, but admits that it fally ropreseuts the sub. stance of what was said at the interviow pro- coding the writing of the letter. Mr, Beromen swears thnt though hLo did not, he might havo used the identical expressions, with one excoption, which ho will not own to, it boing ‘“very pale, poor, and feeblo,” Imphntic denials aro prowmi. nent featuros of Mr, Brmcuen's testi- mony, and his occaslonal mention of Bowxy ina not vory flottering connection sooms to bea sort of challenge to him to taku the stand. Altogother, the testimony yeaterday was important, and will afford much comfort to that numerous class of people who are eagor for tho opportunity to believe Mr, Brrcuen's testimony against that of all the rebutting witnessea whom tho plalntill hay brought or will bring forward. e —— The Chicago produce markets were gen. enlly strong yesterdsy, with more doing. Mees pork wasnclivoand 55@60c per brl higher, closinyg ot $22,23 cash, and §22,85@22.40 for May. Lard waaunusually active,apd 350 per 100 s higher, clogng at $15.37} cash, and $156.415@16.50 for Muy, Meats wero quiet &nd stronger, at 8jo for shoulders, 11jc for ehort ribs, and 120 for short clears, High- wines were inuctive and nominally easler, at §1.11 asked per gallon. Ylour was in bete tor demand and firmer, Wheat was active und sdvanted 2o, closiug st 870 for April, and $1.01§ for May, Corn wns more active, and advanced ljc, closinug at 70 for April, aud 78a for May. Oats were sclive and ad- vaneedl 10, closing at &8]o for April, and 623c o8 May. Rye was inactive and nominal, at $1.03@1,05. Brrley wns in better domand and stronger, closing at %1.05) for April, aud $1.00 for May. Iogs were active and strong. Bales at $7.15@8.65. Tho catile and sheop markets were quiot and easy. A specinl dispatch from Taris to the Lon. don Z'imes, March 21, soys: Fifteen out of the nincteen Btates represonted at the Berna Pontal Conference have ratified the traaty— namely, Great Britain, Germany, Austrin, Belginm, the Unitod States, Bwedon and Norwsy, Russia, ol Iand, Toumanta, Servia, Switzorland, Luzcmbourg, Portugal, and Fgypt. The represontative of France, it will Lo remembered, did not pgn the Conventlon, ant the ndnesion of this country fs still uncertain, A Inater dispatzh to the sume paper says that ltaly also ratified tho treaty, thus in. cluding sixteon of the nineteen States repro- sonted. Tho uniform rate agreed upon is 6 cents for n half.ounco. Irance holds out against tho treaty for yevenuo rensons, but slio 1uust give it her sanction sooner or Intor ; no great nation can nfford to remain outside | a groat internationnl compact for common good. This Postal Congress is one of the re- sults of tho arbitration precedont set by England and America in settling their difficul- ties growing out of the War of the Robellion, It is a part of o pgeneral disposition on the purt of civilized nations to attain tho same results peacefully, and by tho promotion of intelligenco and cor- diality, that were formerly sought through the maintennnco of armies of international police and n system of diplomatic espionage. Every Congress like the Internntional Posta Conference at Berne is practically a Peace Con- gress, and brings the civilized nations of the earth nearer together in a comnion system of interchange nnd polity, There will be fower wars, less bloodshed, less destriction of wenlth, and a greater degreo of intelligence, by reason of their existence. DIREOT NATIONAL TAXATION. Wa print anothier letter from * Communa Bonum " favoring direct taxation—that is, n Iand tax—for raising tho revenues of tho QGeneral Government, We presumo this will Lo the last appeal, as our correspondent's casa scoms to be entirely made up. Anda very bad cnse it is. The writer has ovidently never winde n study of the subject. Remind- cdof the fact that the Constitution provides that nll direct taxation shall be Jevied in pro- portion to population, ho ndmits this to bo unjust and impracticable, and demands a con- stitutionnl amendment. This settles the wholo question, Such an amendment can never bo procured. Three-fonrths of the Stato Legisiatures will never be found to ratify it. Our national taxes for interest, pensions, and all other purposes, distributed per capita, amount to about H7 for each inhabitant. I8¢ levied directly on the people, New York, with its 5,000,000 people, would pay 235,000,000 annnally; Dlinois, with its 8,000,000 people, $21,000,000; Indians, from £14,000,000 to $15,000,000; Town, Michigan, and Wisconsin, over $10,000,000 each; and so on. It is folly to suppose that theso States would ratify a constitutional amendment exacting such Iarge amounts of direct taxation on real estate in addition to what thoy pny dircctly for the support of Btate, city, and local Governments, “Commune Bonum” is also in errorin supposing, a3 ho evidently does, that the United States Government may coerce the State Governments to levy nnd collect the proportion, of United States taxes allotted to them soverally, and thereby eave tha cost of collection to t:.0 United States, Tho United States Government has no anthority to do auything of the kind. Supposo New York, Penusylvanin, Ilinois, Indiana, and Ohio, and perhinps ono or two more of the largor States, slionld refuse to collect the United States tax lovied upon them,—what then ? How would the Government proceed to coerco them ? Would it declare thom in a stato of insurrec- tion and invest thom with troops to force them into oledicnce ? This would be the ouly way, and we apprehend that this system wauld bo more coutly and disastrons in the end thon to do the assessing and collocting for itself. Thore would lave to be snother constitutional . amendment covering this point, which the States would refuse to ratify for the same reason they would refuso to ratify the first, If the United States should nndertnka to ossess and colleet its own taxes thronghout the States, the cost of collection, so far from boing less than the present cost of raising revonuo from imposts on imporied goods, would be fully four times as large. 'Tho cost of sollecting customs duties is about $6,500,- 000; the cost of collecting the internal rav- enuo about $5,000,000; total, §11,500,000, The amount of taxes collected, and like- ly ta bo collected for sona years to come, it, in ronnd unumbers, $280,000,000, so that the cost of collection under the present system s something like 4 por cont. It will scarcely bo maintained that the United States could do tho werk of nssessing and collecting more chonply than tho States; the cost would prob. nbly be groater. Now tho expericnce of Iili- nois is that the entire cost of collection, in- cluding the loss from {nxes successfully con- tested by tax-fighters and not paid, is from 20 to 24 per cent. 'Tho State Auditor always lovies from 10 to 12 per cen! more taxes than tho amount of the appropriations, in order to pay the actual cost of collection; then from 10 to 12 per cont is not collected at all, and oes townrd swelling the tax-levy of the suc. ceeding year, If, then, the United States Governmont should endeavor to raise its rev- onues by direct toxation, it would pny at lenst 20 per cont for collection, while it pays only 4 per cont under the customs and exciso systom, The fundamental principle of our corre spondent's plan Iy that *‘all properly should bo taxed alike, dollar for dollar,” Wo can. not imngine any combination of human virtuo aud human capacity that could bring this abont, How wonld the United Btates Gov- ernmont proceed to amscertnin the value of all the property in the United Stntes? There is no other way than that of ap. pointing resident sgents. 'Ihio Asscssors of overy State aud district would try to eut down the valuation in the interest of thoir frionds and neighbors. Each State would strive to pay as small o proportion as possi- ble, sud would have the nssistanco of tho revonuo officors, If a National Doard of Equalization should be established, tho ox- pericnco of the State Board of Equalization in Diinols would bo repeated in an exaggor- atod form. The roprescatatives from the difforent sactions would haggle in the inter. st of their home constituonces, and tho re. sult would bo tho formation of a * ring,” in which certain sections wonld combiue to flesco the others. Tho amount of wealth un- nscertained, that wndervalued, and thot es- coping toxation after the lovy was made, would exceed in proportion the same losses in Btate,rconuty, city, sud town taxation, ‘* Who poys this ‘tariff for rovenue only'?" The people pay it in proportion to thelr use and consumption of commodities, The rich £ ‘THE CHICAGO TRIBUNE: TUESDAY, APRIL 6, 1875. ; ] pay the Inrgost part per crpita, the poor in proportion to their expenditures, In n tariff for revonuo only, tho number of nrticles taxed in comparatively small, aud they aro of a luxurions or qunsi-luxurious clineactor. Thero is, thorefors, no special hardship in it. The hardship in our prosout tariff i, that it covers an immense variety of narticles of necessary consumption, produced or manu. factared matnly in this country, so that the consumer i obliged to pay $4 to the *“pro- tected ¥ classes for every $1 paid to the Gov- erument. But this may be corractod without going into the impracticable oxperiment of direet taxation, THE IRREPRESSIBLE CONFLIOT, Tho locnlity is 5t. Louis, nnd two blood- thirsty, but prudent, jonrnalists are tho— lieroes, Ono of them is Strsox Hurcniss, political hack, chironio officeholdor, and editor of the Zimex and thd Dispatch, and tho other is I{yoy, professionnl exposor of Rings and editor of the Repudlican, 'Iho two havebeon pouring gnllons of printer's ink on each other, but have contented themnelves with blackening charactors without Dblackening cyos, When the quarrel had progressed thus far, nnlovoly woman appenared on the scene, She is Hurcurxs' friond, and the non-valor. ous I doubtless hopes he may be saved from such friends herenffer., For she gonded him on to write o challengo addressed to Iypx. Tle cxtorted a solemn promiso that it shouldn’t bo sont, but the perfidions fe. male forthwith handed it over to an ex-Con- federate, ono SurrLny. Sneuoy is s General, of conrse. ‘Il privata soldicrs of the C, 8, A. nro supposed to have all perished on thoe bloody field. There are mno survivors below the rank of Colonel, so far as heard from, Thoe Genernl promptly carried the note to Hypr. Hurcmiys, ns soon as he recovered from his fainting-fit caused by horror and {right, dispatched a friand to tell Hype not to do anything about the matter, beennso the delivery of tho message wns an entire mis- take, Mennwhile, bowever, Hyor narrayed himself with wenpons until he looked like the twin-brother of the Rock Island Arsenal, and eent nn invitation to his enemy to comeo on, The nffair wns still more complicated by the holy wrath of Smeroy, when he lenrned that his principal hod tried to eseapo the ordesl of the duello. The General now considers it his duty to whip Huzcmmss and fight Hypr, The former is reported ns bo- lieving that his health demands rest and re- laxation—outside of St. Louis. He fears, howaver, that the daily train from that eity may be intercepted by his foes, and there ro- ally is not roomn under a car-seat for n man of average aizo to hide himself. Ho does not’ wish to tread pnths of glory which lead but to the grave. Goro and gloire may be nbout tho same thing fora erazy Fronchman, but not for Hurcuvs. The champions probably will not meet. Ench of them is attended by a body-gunrd of reporters, who indulge in the wild hopo that somothing is actually going to happon in St. Louis; butthey watch and wait in vain, Still, thero is'no telling. So far, the nominal com- batauts have slways run- different ways as 6oon gs thoy heard of each other’s appronch. Some day, thoy may run tho same way~—by mistake, of course—and meet. Then, if Horenxg knows his f2minina friend is look- ing at him, and that Smerny, with uplifted cane, looms in tho distance, be may fight. His friends deny that his coarage, like Bon Aores', is 0ozing out of his fingers’ ends, and his onomios explain that this is bocause ha had no counrage to start with. ERLARGED JURISDICTION OF TURITED BTATES COURTS, Tho decigion of Judge DrustoNp in the caso of the Chicago, Danville & Vincennea Railrond Company is a very important expo- sition of the changes mado in the law govern- ing the jurisdiction of tho United States Courts, and the transfer of suits from the State to the Fodoral Courts, A craditor of the Railroad Company filed a bill in thoe Cir- cuit Court of Will County agninst the Com- pony, and on this bill Jndgo MoRonents appointed o Receiver for the road. This was on the 22d of February. On the 3d of March Congress passed a new lay on the subject of the jurisdiction of the National Courtsin cases where the persons intercsted are citizons of difficvent Btates, and on tho subject of the transfer of such suits from tho State to the Notional Courts, On the 22d4 of March n copy of tho record of the caso in tho States Courts was filed in the ofilco of the United States Court, and subsequenily a motion was mndo to dismiss the case thus bronght into the United Sintes Court for want of juriadiction. Judge Drusrtoxp over. ruled the motion to disiniss, holding that un. der tho recent act of Congress the United States Court had jurisdiction. Heunderstands the recet nct of Congress s consolidating in one act the provious legislatign conforring Jjurisdiction on the Cirouit Courts, and as giv- ing them jurisdiction in some cases not pre- vionsly conforred. The Circuit Court of the United Btates has now jurisdiction in snits betwoon tho citizens of difforent States, with- out regard to the fact whether one of. tho parties s a citizon of tho State where the suit is brought, It also authorizes tho removal of a case from tho State Court nnder like circumstances. Tho importance of the chango will bo evident from a comparison of the law na it gtood before and as it now stands since tho nct of 1875, . Heretofore, under the aot of 1789, it was required that ench party plaintif should suo each of the party defendant in order to con. fer jurisdiction, on the ground that it wasa suit botween cltizens of differcnt States, and so in the ¢aso of romoval of guits from the Binte to the Federal Courts. In 1866 this ride was modified g0 that when a sult wos brought in a State Court by a citizen of that State, agaluat n citizen of another State and citizens of the snmu State as the plaintiff, it tho controversy might be finnlly dotermined between tho plalutilf and the citizen of the other Htate without the presence of tho co- defendants, the sult might bo removed to the Foderal Court. But now comes tho not of 1875, and provides thet, when thero is a con- troversy wholly botween citizens of different Btates, pnd which can fully be determined oy between them, then ‘any one of the plain. tiffs or defendants actunlly interesied in the controversy sy rewove the suit into the Vederal Court. This fs tho first time that Congress hes authorized a citizen of the State where the sult {s brought to remove it from the State Court to the Federal Conrt., Thia change is an important one, In all enaes where tho controversy is botwoen citl- zeus of differant States, any one of tho par- ties in intorest, oven i2 a citizen of tho Stato where the suit s bronght, and without the co-qperation of his co-defondants, moy, of his own motion, have the casdremoved to the National Court, 'The result of this change of law will be to practically tranafer the liti. gotlon in which railroad and other corporn. tlons axe parties from the State to the United Staten Courts. Whorovor there is a non. reaident bondholder or stockholder inter- ested n tho controversy pending in a Stato Court, ho, or any other plaintiff or defondant, can, it so disposed, have tho causo romoved into the Federal Court. In this caso of the Chicago, Danville & Vinconnos Railrond Company, the sweoping offect of this en. larged jurisdiction of the National Conrts is apparent. The Siato Court had appointed a Rocelvor. Another bill s pending in the United States Court praying tho appointment of a Receiver, and now, by the proccedings under tho net of Congress of 1875, tho original suit in tho State Court, including the Receiver and tho property of the Company, arevall transferred to tho UnitedStates Court. WELLS ON TAXATION BEYOND JURISDIC- TION. Tho Ifon, Davip A, Werta' article in the March Atlantic must havo satisfied most of its renders that a man could not bo constitu- tiounlly taxed on property lying outsido the jurisdiction of the power levying the tax, and that resort to the proper courts would rid us of o mnss of illegal and unjust taxes which nro imposed by nearly overy State in the Union. Mr. Werrs' opinion was, Lowover, eriticised by several writers, and o has now brought forward fresh proof of the sound. nces of his views, Inn loug lotter to the Now York Erening Post ho quotes n number of decisions by tho' Supremo Court of tho United States, which weem to settlo tho point beyond a dombt, It i3 a somewhat dry and absttuse® question, but its conercte importance to henvy tax-payers and its interest to attornoys and to studonts of politics is so great that wo give Mr. Writs' pointa at length, His op- ponents argae that n State, oven if unable to tax property boyond its jurisdiction, can ‘nssess and tax the person of a resident in respoct to property situated thus extra-ter. ritorially.” In other words, the Stntes, by changing the form, can rotain the substance of this wrong taxation. Befora meoting this theory, Mr. Wernrs quotes frosh decisions in support of the point that extra-territorinl taxation’is, per &g, un- constitutional, In the “foreign-beld bond"” case (16 Wawntace, 869), tho United States Supreme Court said : Troperty lying beyond the jurlediction of tho Stato 180t o #mbject upon whicli ber tazing power can bo legitimutoly exorelsed, Indeed, it would moem that no adjudication should Lo uocossary to astablish 80 ob- vious a proposition, In the same opinion ig this pnssage: Even whers tho bonds (uegotiable, salable chattols, having sius whero found) are held by residents of the Slate, tho refention by tho company of a portfon of tha stipulated intorest can only be sustalned as & mode of collecting & tax when that speciea of property is 10 the State, When the proporty 1 out of the Stats thero can be no tax upon it for which interest can ba retained, Tho tax laws' of Pennsylvanis can have no oxtra-tarritorial oparation. This really covers both points,—the un- constitutionality of extra-territorial taxation and the impossibility of taxing the person *“in respect to" extra.territorial property. In McCurroon ¢, Maryland (4 Waearoy, 429), Chief-Justico Mansnary said : All subjects aver which the soverolgn powerof » Btate extends are objects of taxation; but those over which it does not extend are upon the soundest prin- ciplos oxempt from taxation, On the 426th pagoe of the same voluma is a decision in the caso of the United Stntes os Rice, which declaros that the right and povwer to tax arises solely from jurisdiction over the property and the corrclative duty to protect tho property. Evidently, tazation without protection is tyranny. These declsions of the Supreme Court yest upon See. 1, Art. 4 of tho Constitution : *Fall faith and credit shall be given in ench Stata to the publio ncts, records, and pro. coedings of evory other State.” “Tull faith and credit” has been judicially decided to mean “full effect” (Mitis ve. Dunyze, 7 Cnaxcu, 481). If a residontof Massachusetts owning property in Illinois has judgment renderod against him for taxes on that prop. erty in both States, he ean carry the question by writ of error to the United StateaSupreme Court, and, says Mr, WeLLs, * there will be no more possibility of his being obliged to pay both of these judgments than thero would bs of his being obliged to pay thirty- cight similar judgments enterod in each of the thirty-eight States in the same cause of actidn for the sanie dobt.," Ho adds: The constitutional question hero reforrad to dld réally ariso in the calebratod case of Oneex sgaiust VaN Buaxmx (7 WaLzack, 139), {n which the Court held that u judgracnt rendercd [u Tilinols under an at- tachmnent of property having an actual aftica thore must prevall againat a contlicting Jndgmont rendered in New York, based upon tho fiction of law that per- sanal property follows the porson, althoughi all the partics to Lpth sulla wera cltizean and residenta of the Btata of New York ; orin othor worde, this deciston settles tho question that actual aifus gives absoluto do- minfon or jurisdiction over property ; and absoluto dominion must unquostionshly carry with it ataolute power of exclusjve taxation or any other constitutional exercise of dominfon, So much for tho main point. Thesa decis- jons are enough. On the theory that tho un. constitutional tax may be lawfully levied by a legal quibblo, Mr, Weres has wmuch to sny, In tho *‘State froight-tax " case (156 Warrace; 272), the Supreme Court declared : 1t Lne ropeatedly been held {hat the constitutionality or unconstitutionality of » State tax s to bo deler- mined, not by the form or agoncy through which it ia 10 bo colleated, but by the subject upon which the bur- den felald, | This was decided in the cases of ¢ Bank of Cummorco aguinst New York City"; in the Dank Tax caso; Soclety for Bavings sgainst Corre, and Provident Bauk agatnst Masanchuselts, Inall of theso casen {t appeared that the Lauk waa roquired by the statule to pay the tax, but the dectsions turned upon the question, What was the subject of the tax—upon what did the burden really rest? not upon the ques- tion from whom tho Gtate oxacted payment fnto Jts Troasury, Hence when it appeared that (ho ultimata burden rested upon the properly of (he bank invested in Unitod Htates soouritios, it wes hold unconslitu.” tonal, but whore it restod upon the franchiso of the Lank it was suatained, In Browx v, Maryland, this position was renflirmed The itate, It 18 sald, may tax ocoupations, and this (a license on fmyporters) 14 nothing more, Dut it is $mpossiLle to conceal from ouraclyea that this 1n vary- ing the form without varying the substauce, Now, supposo the Unlted Sfatoy shonld roquire every ox- portar to take out a licenso, for which he should pay such tax as Congress might think proper to impose, would Government e porinitted to siuld itaelf from the Juat censuru to which thld attompt to evado tho prohibitions of the Coustitution (scquired by taxing exports) would expose it, by saying that this was s tax. ou the person and not on the srticlo, and that tho Leg- ialature Liad tho right to tax cocapations T The Court hold, in this case, that tazing & person (the importer) was taxiug proporty (his huports), and that such a tax was there. fore within the coustitutional prohibition ogainst o State tax on fwports, Thiv one deoision disposes of the legal quibblo juslated upon byelr, Wers' opponents, In Low va, AvsTIN (18 WirLaoz, £9), the Supreme Court usod, in relation to the same point, the fol- lowing languago: ‘While retaiutug thofe charsoter as imports, » taz up- ou theni in any ahape 18 withiu the conatitutionsl pro- hibltion, The question v not a8 to the extaat of tho tax, or squality with reupoct to $3x6s 0n other propare £y, bt as to the power of tha Btats to lay sny tax, ‘I'hig was a parsilel cnse, the Court saldito tho taxatfon of United Btates bonds, 'The opinion procoeds : 18 Las been ropeatedly held that such securitios are sxsmpted from Btate tazatiou, whetber the tax be Lmposed direstlyupca themn by name, G upes thacy 4 forming s part in the sggregate of Lhe praperty of the tax-payer, This decislon led to the nbandonment of mch quibbling taxation in Massachuuetts, Finally, inthe case of Gnren re. VaN Dus. Eink (7 WALLAGE, 150), the opinion of the Bupremo Court embraces tha following pns- BARGO ! : 1f now New York eannot compel the personsl prope erty of Nt (oneof her citizens) in Chicagd to con- tribute to the expenses of hor Government, and if TaTrs bad the legal tight Lo own such property there, and was protected in its ownership by tha laws of tha Siate: and as the power fo protoct impites {ho right to requlate, it wonld seem to follaw that the dominion of 11liuols ovor thn proporty was complete, "Thesoquotationsshow, first, thataStato can- not tax property owned by one of its citizens which is situated outside of its limita; and, second, that n tax Which is the same ns thisin substanee is unconatitutional, no maitor what tho form of assessing and collocting it may bo. ‘Thero can bo no doubt that Mr, WrLLs' discovory will bo promptly acted upon all over the country by persons who have been paying unconstitutional taxes for yenrs, 18 RAILROAD COMPETITION FOSSIBLE P Mr. C, F. Apass, Jr., stated, in his rocont courso of lectures ot Boston, that competi- tion between railvonds wns {rapossible. His statements rest on moro than fancy, Thero is somotimes o sharp, foverish strugglo be- tween the great rival corporations, but the ond of it is that they ngree not to disagreo, nnd make up, ot least in part, by high freights and fares, tho money they havo lost by * eut- ting under.,” ** Compotition between rail- ways,” snys Mr. Apays, ‘“is the medinm through which consolidation and combination work themselves out.” Tho competition of three grent lines resulled in the Saratoga combinntion, and the practical unlon of the DBaltimore & Ohio with the other railways is merely 8 question of time. Not only tho oxperionce of our country but that of Europo establishes the theorem, A recent book by Cnannes ne Fravquevitie, * The Administration of Public Works in England,” draws a forcible contrast betweon the pro- cosses of railway-building in France and En- gland, and shows that tho two differont methoils lend to the same nitn,—absonce of competition. ,In England, the State doos al. most nothing, the individual alinost evory- thing, in constructing a railrond. In France, tho relative positions are somowhat roversed. When tho rond {8 built, tho English Govern- ment fixes o maximum fare, requires the stop- pego of one train a day ‘st cach station, and docs nothing more. In France, the Govern- ment supervises and regulates every- thing. In & word, Frauco has for- bidden competition and deliberately ‘crented monopoly ; - whilo England has tried to provent monopoly and has failed to croata competition. Yot the railway business of each country is divided up botweon n fow great monopolies, Butmonopoly in France, snys M, pE FpANQUEVILLE, having been de. liborntely created, has been provided with avery check noeded to protect public intor- ests ; while monopoly in England has no Lridle, and the country lies dofenseless be- fore it. In thiscountry, railway construction and management have been abandoned to in- dividual enterpriso, in tho vain hope that compoetition would act aa it doosin most business affairs, Two or three years ago, the public woko from that delusion, and did sonfe foolish things in the attompt to pro- vide the mecessary safegunrds against ovorcharge and diserimination. But all the laws passed have thus far aorded littlo orno relief, and in somo of the Bintes those restric- tive laws havoe lLoen ropenled, and in others modifled, a8 thoy were found to do moro mis- chiof than good, The troublo with State in- terforenco in so delicate and complicated & business s oporating railways is, that tho ownors of the proporty will not assume all tho exponses and risks except upon tho con- ditlon of having whataver profit can bo made out of tho business. No man will venture to furnish the eapital to eatablish n business, and the money to oporate it and keep tho proporty in repair, if the man who pntronizes him s allowed to dictate the compensation to bo given for the sorvicos performed. Whare tho Iaw declares that only o reasonnble rate shall be charged, the prac- tical diffienlty is in ascertaining what that- snm i, If tho companios detormino, it, the patronis sny It s too high, If tho patrona of the rond fix tho price, the companies refuse to *accopt it as too low ; and, when the dis- putes aro carried into the courts, the litiga. tion becomes vexntious and interminable. In several countries in Europo railwny froightr and fares aro regulated by the com. poting water-courses,—rivers and canals,— snd by State ownership of part of the lines, which plan scems to work woll. Thus in Germany, the Empiro owns soveral trunk lines,'snd operates them ; the Kingdom of Prussin owns and oporntes noarly half tho ronds ; Bavarin owna all buta fow branch or loenl roads, Several of tho other Germnn Statos own a part, and, takiug tho whole Empire togother, privato companies do not operate more than ono.third of the rollways. Tho competitiun of tho Govern. montronds regulate thelr taviffs, butthe States nlso dictato rules and regulations, Bolgium owns and oporates one-half of the railways in tho Kingdom. Molland has bnilt most of her roads, ond then rented the uso of the tracks to different compauies, which tako themn subject to strict regulntions about freights and faves. Inall theso countrics, tho jdon of Btate ownership is mora or loss porfectly realized, It ju doubtfal, however, whothor Btate ownership is o possibility un. der our political systom, where rings and cliques job everything, State supevvislon on the Massachusotts and Minunesota plan geoms to bo the best possible method of direct in. terforence with railrond managetiont which lias yet boon tried. The most effective mothod of preventing oxtortion, howovor, in this country, is to se- oure the competition of waterways ngainst railways, When the Erle Cnnal is open, Eastern freights are low on all the comyfeting railways, When the Erle sonson closes, ralroad freights jump up 25 to 50 por cont. Parallol casos could be guoted from: the vicinity of every canal. Yet, if we aronsked whether the Stato should iosure cffoctive competition by digging canals on ita own ne. count, we must perforco remomber the gigau. tie Erio Canal frauds and hesitate, 1t i3 wondorful how necessnry it s to have vigilant ofiicers in order to protect the liber- tios and rights of Amorican citizens, ‘The Trensury of tho United States waos recently startled from its repose and confidenco by the discovery of a ,mondacious, wicked, and ferocious blow at Awmericon labor aud indus- try by the designing people of Canada. The first impulse was to declare war, recrait the army and rofit the navy; but the Treasury Dopartment has, for the present, adopted tho leas oxpensive measure of a proclumation, 'The act of tho Canndians was tho most dis- graceful breach of international comity and {nternational faith of wmodera times, Under the Trealy of Washington all fish, oxcept thoso presorved in oil, the product of the Canndian or Aimorican fisheries, nre nd- mitted froe of duty into the other country. Under this troaty the Canadinns lave been packing lobstors In {in cans, and sonding them into the United States. At tho Instses- slon of Congress there was lavied a tax of 60 peor cont on tin cans containing goods brought into tho country, Nevortholess, the Canndi. ans continued to send their lobsters to the Unitod States, and entering thom freoof duty. Tere was o dolibernte attempt mado by the Canndinus to bronk down and destroy the great Amorican industry of packing lobsters in tin cans, The value of tho tin cans in which the lobstersare put up is a fraction over 2 conls ench, The tnx fmposed is 1} cents per can, 'I'ho clnim is that the Canadian can, costing only 2 1-10 centa ench, and the Amer- {can can, costing 3 conts ench, the Canadinng eanaffordto kel theirlobsters nt a proportion- ally less prico than the American pheked lobsters ean be sold for, nud to prevent auch an outrage tha packers of Americnn Tobsters prayed tha protection of {ho Ameri- can engle.’ The queslion involvedis: Can Con. gress, by law, changotho termsof atreaty? And the Treasury Dopartment decides that,, when the object is to enabloe American citizens to pack lobsters eaiight in the ocenn and phcked in cons meke of foreign tin-plate, freo from competition by Canndian paclers of the same fish in cans mado of the smmae tin, them treaties must give placo to laws mnde for the production of native industry ! Financially tho question foots u; Tox on 50,000 tin cans at 1% conts?..,, or e u$T To compel the American peoplo (not the Caundinus) to pay 750 more for their im. ported lobster, and to add 1} cents to the cost of ench ean of American packed lobster, thereby protecting, not the mechanic who makes the cans, but the merchant who packs the fish, is tho grent end accomplished by this exposure of the tarrible frauds practiced by the Canadians ! Mr. Qronor Auraep Townsexp, formerly a correnpondont of Toe Omioaco TrInune, hns writton to the Phutadelphin Times defending a vengmous attack upon Trrobone TintoN, of whioh be was the author, In ecxplauution of 1t bo saya: I wont 1o hia bouso last _summer, and by hard work and roanagemet, sidod by his good will 1o less, cure rlod off to Chicugo n_geat mass of warltal corru- apondence, for which I was entitied to a considorablo nuw of money. ‘LiLTON, howovar, klways overdolng oversihing, wroto to tlie ' nowspupier, of Lis own Aelf- alworbing volltion, thst thay worw his peswonal pres- gxlxt. ?n a consequenco, I lost my profits, but I found ni out, Mr. TowxsEND was sent by the editor of Tne Tnpuse to Mr. TivroN; the lotters wore fur- olahod to the cditor of this paper, and not to Mr. TownsEND, Who waa micrely an ngent of Tnr Tninuxr, to which paper Mr. Tittox explickly directed them to bo went. All the labor Mr. Townsexp expended on this masa of correspond- onco was incurred in writing a fow lines jutro- ductory to them. *‘He was remunorated, how- ovor, na the following oxtract from the cashier's sccount in this oftico will show Aug, 10, 4 col Avg, 111, Aug. 18, 823§ col,, Tho marital correnpondenco. v uasssss.. 35161 Tald Ao, AL¥AED TOWNAEND, ‘Thia last sum was tho amount paid Mr, Tow~- BEND for the TiLToN lotters, at tho rate of 8168 column, tho sama rats at which he was paid for his original correspondenco. Thoro waa no roason that he should have been pald moro for matter which ho did’ ot write, and wo aro not awaro that ho evor domnanded ahy moro than ho rocoived. Nolthor ara wo awaro that Ar, TrrtoN ovor wrote a line to any one connected with Tur TrisuNg relativo to Mr. TowNsEND'S componsa- tion, efther directly or indiroctly, Tho assortion Mr, Towneenp makos sbove is wholly unwars rautod, and it i tho firat timo we Lave heard of any disaatisfaction on his part at a rate of com- pensation for which he wrote for Tas Trinung duriug several yoars. The colloge-boys who are now in training for the boat-races aro disposod to adopt s more offectivo snd onlightenod systom of training than that which lLas bitherto been in voguo, Yalo sotd the oxample. Her crow this year will bo allowed moats, brotlod and roasted, aud all kinds of vogotobles. Btimulating drinks and tobaceo are, of courso, forbiddon. I'he common opinlou sooms to be that the chungo i sensiblo, and will givo s consideranle advantaga to thoso crowa which adopt {t, As tho Pblladelphis Press woll points out, the raw-beef starvation system wes jmported from England, whero the humid olimate makeait insomodogroo approprinto, Be- eidos, tho races thero aro rowod early in tho year, and vogetables can at that season be protlt- ably dieponsed with, Tho oxperimont at Yalo ahd such othor colloges as may fall in with the now {dea will bo obsorved with wmraat interost, and upon its resulta will dopond the wholo course of training in collogos. It is worth ro- marking In this conncetion that the hygienio rales which may bo adopted for ofteminate youth aro not necossarily the bost for professional athlotes. v = The Hon. L, Q, C, Laaasn tolla & very good story of which he ls himsolf tho Lero, It will bo romombered that, duriug tho Joux Youxo! Brows discussion {n the Ilouso fast noseion, Mr. Lasan wag on the point of eaying something very wicked, but he suddeuly checked himself, and merely thwew out a dork {ntimation of his angry thought. Tho subject was altorwards re- vived at a dinnor-party, and Mr, Laxan wes aaked to ropeat tho torriblo eposch that ho was going to fulminato and didn’t. Thta {6 the way ho eatiafiod tho dinner-party, socording to lus ownreport You will remomber, T 2aid to thom, (hat once upon atlwme felend mot Alr, Tiaouiaay, sl sald to hims “Mr, Tiaokraay, thy book of Venity Far closcs leaving Brox¥ Hitane Lalf Lidden bobind a door, with u lung, kovn kulfe gloaming m ber Londs, aud Ler wyea uilatio with fealousy aud panslon, Lent upon a snn bt tiug with his baek turn writluy at o desk: Now, I waut to know what did’ Broky Hiare do 77 315 dear fellowy!! waya TUHACKERAY, tapbiug Lim on v rlouldor, ™ thut: s exactly what I bnvo always wantad to kuow mysclf, You can very well fmegito that 1was not troubied with any more o uests 10 rohoarve wy unbory spesch, Tho roporta that yellow fover fa maldng rapid progrens towards tho United Htates bave not been well authonticated, nod may bo dismisaed alto- gother, uuless upoedily coutirmed, Thoy were started in tho firut place, it is said, for the pur- pose of scariug tho Mexican oxcursioniats, who hind secured & Unitod Btatea war-vessol for thelr ploasurings, This result has alroady boon so- comphshied. . Tho oxocurslon party has broken up some of ite members have docided to return liome, nud thootuers will go on fu the maunoraud atyle of privato citizens. Now it would not be surprising if we should hear nothing moro of tho yollow fever for several mouths to comes. Jesux Poueror evidently aoquired part of hin oducation a8 o boy-butcher fiom the flue old Groels drimas. ‘They say ho pauses Lis time in Jail atudying Latin aud Qreek, and doos not ap- pour to foar his fato, Tho bost ples for the classics that any of tho college Profeasors Lave Dbocn ablo to put forth dopeuds upon thelr sup- posed usefulness ss » means of disclpliniug the wiod, Jxase Pouznoy, if hio ik not prematurely cut off, wili goon be able to determins whothor thoro {s any value in this argumont, Cortainly throe are fow minds that neod dusciplining moro than hia . — It Lee been sugrested tnat s pronounclnge match with French words us material would have it uses. The bong fong, we hopa, will catch the idea. —_— A prisoner in the Chicopeo (Maes,) Jnil cut his throat with & plece of glass, Hurgeocos wero hurgledly brought, and, after a difiicult ana ekifl il operstion, the sevored arterics waro u-q ad the gash towed up. While this had boen Roln, on ho had soveral timos triod to Rpeak, but hgsy unablo to do so. Afler tho surgery waa over hy sald, with an offort, “*Atl fol-do-rol, doctors ‘Triod to toll you 80, and rAvo you any bother of stitohlog me up. I've chawed soma of 1l Rlaas Ihave." Ho really had awallowod bits of u.!; glass, In a fow hours he died, PERSONAL Omanvrs Rixasrey laft an eatate of byt £4,000, Enwix Apaus arrived yostorday at thg Gm,g. Pacifio. Mra. CranTneR and LoTTA 818 atopping at, the Graud vaclile, The Hon, Benuyrer CoLrax arrlved Yeatorday at tho Grand Paafic, h E. M. Hatronp, of Indianapolls, I going 4 start a 2-cent daily paper at Indinuapalis, Waanzn rogards * Lotiongrin a8 au arror o his youth,~—one of the wild oatn as it were, Tho Rov. Mr. Ross, of Dotroit, goes Lo the Tenitontiary on a eix-yoars' term for forgary, Whz doea not Mrs. Vax Cotr go dor iy, SwigninLai? Thoy sro the trua oxiromos o kissing., ‘Tho Ifon, Jomux II. Banknm, ropresenting gy, Thirteonth Distriot of Indinua m Congrom, iy " town for a fow days, An atem In this column yesterday on the Sronry contempt eare shoutd have been credied to tho Philadelphia Press. "Tox Fouxy, dike SeDoNArLD, and A, 8, Tam woro togozhier yeatorday. Need it bo said tkyy » wore running o town-taceting ? The Ilon, B, 0. Coox, Qenoral Solicltor of (1] Chicago & Northwostorn Ralrond, is reriogy) ill. Thoro are but slight hopes for his Tocovey, Thoy sued s man In Franco for o libel howey with a sharp Rtick on a green pumpkin RrOwiy innfleld. Tho indiclment was squasbed, boy ever. Mr. C. R, GAnniNan is & little anxions sby, bir agont, Mr. Brawnret, and would be gl bear of him, A liberal reward given for rolisy; nows, Tt **Tho Senator" can be induced to aceey tho Majority of tho TFirst Rogiment, Dresidy) Fiventy hos consentod to tesch bim equiy trianlsm. Now York ladies who dabblo in stoc'ta withe: their bushands' knowledge, fredhient only thy dry-goods atores which nro providod with » indicator, Maavme will heve a manager for his theas, o Ban Fravetsco next soason who will et bim somothing., Artez Duvsma (Mra. L 6anp) is Lhe lady, > DBerenrn will not commence answoring | don't romomber” for some days yot. Thanjy enough for bim to negative to keep him dengiry aquaroly for a weok. Alr. Cannwri, the editor of the Vinsland L peadent, in whose head tho ball utill remainy y going to changs tho namo of his paperto th Bullel-in.~—Arcadian. “La Jolio Parfumounc,” saya a Now Yer papor, * juat dallles with tho fringo of thepet ticont of indolicacy.” Arxer usnally shoms no hositanoy in lifting it. Faxsy DAVENPoRT owes hor anccees, nesord: ing to tha Courier-Journal, to laving pase onco In Louisville, Other people aro fncliced & attribute It to somothiug olad. Baron Dr. WALDECK, & Parisian artist, &s 101 snd his Iatost picturos aré bis best, Dy thaeni of the centary he will bo protty generally kiovn His yonngeat son will thon ba 50, The only excuss **The Bonator ™ can offar fo1 declining tha Majority of the First Reglment it s digincliuation to tske Lis moals from tiy maatel-pieco for m few days succeoding cad atroot-parade. T. B. BraorstoN®, Esq.,, Presidont of thy Chicago & Alton Railroad, and n number of ki frienda will go on an exoursion to California it aprivate ear Wodnesday, Thoy wil bo goa about aix weoks, Liont. Maoaroar, of tho Russinn Nasw, bu invontoed a plastor for stopping leaka in verschs Bomo euch invention will ba requirad fortls testimouy of ‘an important wituess when Futira ToN says ** That'a all.” Throe priests of France got up a ring to comy mansos, They actuslly mucceoded in Oxings glven rato, but tho suthorities stepped in, ant now thoy are condemned to jmprisonment fu ton, throe, and two yoars, respoctivoly, Hoopln! Tho Missourd Logislature will hodee imated. BooxE calls Bowuax a llar, and Boosi ia the grand-nophow of DaNten BooNe, Baway will fight him, and BowaaN I8 tha best pisto shot in Missourl. And tho other mombersat going in. ‘Women all avor the conntry aro Increaring th population this your by threes and fouss st | timo. And yot smong this noble army wo loob in vain for any such name as Harnrier Bescnl Browe, Orive Looax, ANNA DicsiNioy, o Scaan B, Antiont,.—San Francisco Alfa. The total eclipan of the aun, visible i Afries st most of Axla to-day, fa poculiak, Lu that st the tiue it tho fotailty the sun pansea fls zenith, sumelbist which will not reoccur until the next total ecll e, 1 bl i Houts America o Apel 3V, 1560, —Chiceps e nal Exaotly. But, in tho namo of Newzoy ! Covnerr, what does it meau ? The fathor of Misa Wanxgn, author of it "Wide, Wide World," died recontly st theit home on Constitution Island, on the lindsonw noar Weat Polut. Bhasent for two elargrmec to conduct the fanoral eervicos, but they fale! to come. Bl therafora knolt down by the colls and lod the mournors In prayor. Acoording to tho Academy, the relstions bs tween tho Countess Guicotors and Tord Brs: ate to be made tha subjoot of & forkcowid publication, It fa a littia late, Thoywill v 1nsipid cuough aftor the contributious of It Wanp Beecien, Turovons Tiriox, Vierosth Woobnur, sud HArmET Breones S1ow Mizrer, of New Orlesns, and Macsrer cf Davonport, participaita In the coming Lillisr! tournament, arnved in the city yesterday, 3ot of tho contestants aro hore mow aud foduetns ously engaged fn practicing with each otk Lavenxons and Rutvgs, Maaarora and BLossos among others, crosyod oues yesterdsy oud st evenlng, + Gednar W. Hiry, a Now York gambler, l;ca»‘n a3 ¢* Coaloy Keys,” dicd of cousumption racens ly. Ho was tho active partnor of » grest manf gombling firms run by politictans, wore whirts that cost §160 & dozan, gold, had threo chsuge? of raiment a day, and bought gloves at the 72t of 31,600 at & time. Iiia life,Jit will be so6l, LU useful &% woll as ornamontal. 1f the First Regimont are reslly ansious 10 choose thelr Major from tho journatisto Pt fossion, they cannot do botter shan to m’“lo tho Hon, W, K, Sueiavax, of the Journds that position. Mr. SoniivaAN's army KW“"";; Braterate, be [s an agreeablo gontloman, .lu. 54 horsaback Lia appoarance would lth‘IY‘“fly gorgeous. Masj, BuLnivay le our fret an choica. HOTEL ARBIVALS. Bherman House~C, A, DeGraf, Bt Poul ‘Warren, New York; Al Bhorp, Leonard, Hoston; Irving Ingrabsm, o ‘Goorgo Kiug, Omuha: 0, O, Adams, uuu.dix " Cartwright, Oregout D, Buchiauau, Canad Moutreal; ' F, J, Dewlit, Dakota; G. A Atchison§ James K. Edual), Bpeingdelds B Weg vig, New York; ~Jacob 'Wsleh, Doatoni, Luriolgn, Yuukton; O, 7, Hlis, Hetfordi, #lalo, Wifalog W, I, Hugtbut, Dotrols: ¥ DoY, Boutais, < Trenigne Howsesll, PRI 1 T e, Mot | 20 eokus 1L ez wy; . O, 3 s, Onond, DRt Sotn W, Gty Oweogo N Drown, Clucionatly Louls Kabo, Paimer Javse — Willam _Viaukinton, Minwii Q. O, Paine New York ; Hisa W Bpringlold; Cuarles . P, Tilwworth, N oo benberg, L3 5 altorty, Kanwai Te T LM, M, dtaxwell, U, B A ¥, Uoblents, Manuel L'lmpl.\nl.‘n"' g & il Mgt g &) ow York{ W, (h, B X J. Auburn; Juhn O, Scotf, Bt, Louts i1, Orerbarfin i ;T d, do, Bradford, ing.{Qor oo Yok T, 3 B"mamm {gasbingiose