Evening Star Newspaper, March 12, 1895, Page 1

THE EVENING STAR. PUBLISHED DAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, 1101 Pennsylvania Avenue, Cor. 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN Pres't. New York Office, 49 Potter Building. ——— ‘The Evening Star is served to subscribers in the ity by carriers, on their own account, at 10 cents Der week. or 44 cents fa month. coon at the counter 2 cents each. y_matl—anyw! in the United states or Canada postage prepald—60 cents Saturday Quinty, 7 With foreign pystage adica, $3.00,” 0 MF Tear (Entered at the Post ice at Washington, D. C., @s second-class mail matter.) 7 All mail subscriptions must be paid in advance. Rates of advertising made known on application. The Fyeni ng Sfar. =e No. 13,110. WASHINGTON, D.C., TUESDAY, MARCH 12, 1895-TWELVE PAGES. TWO CENTS. THe proof of the pudding is in f6e eating. Yesterdap’ Sfar contained 39 cofumns of adverfisem:nts, mave ug. of 668 separate announces ments. hese advertisers fous$t pubficitp—not merefp Space. IN A MOB’S HANDS Police Unable to Preserve Life and Order at New Orleans. SEVERAL NEGRO LABORERS SHOT DOWN Cold-Blooded Murder on the Levee Front. FEAR OF MORE TROUBLE ——_+—_—. NEW ORLEANS, La., March 12—The levee front from Louisiana avenue to Man- deville street is in the hands of an armed mob. The police with their scattered num- bers are pewerless and unable to cope with the armed workingmen. Four men have been killed, while sev- eral others have been wounded as a result of attacks which have been made upon the negroes In consequence of the dispute over rates of wagez. The white men are com- pletely in control of things and have de- red that no negro shall appear upon the levee front. As a result of this all work on the levee is practically at a standstill, while not a negro can be seen anywhere among the pping. the work of rioting and bloodshed began this morning at 7 o'clock and resulted in the killing of two men and a wholesale dis- charge of firearms in two different sec- tions of the cit ‘The police were massed in the sixth pre- cinct police station and had remained there all night under command of Acting Chief of Police John Journee. Everything was reported quiet and they were hopeful that everything would remain so, when there came a message that a dozen men had been killed in front of the Jacksen Square and that a terrible riot was in progress. The police were at once hu: into the patrol wagons, which were at t and were hurried away to the scene of the trouble. They had barely left when Sergt. Richard Waish, in command of the precinct, heard a volley of shots from the direction of the levee in front of the station. ‘The morning was exceptionally foggy, and when Sergt. Walsh heard the shooting he rushed to the scene. Among the freight cars on the levee between Phillip and Ist streets he found a crowd of negroes. They surrounded their wounded companion. The man’s head was covered with blood. He Was shot in the mouth. The negro, who was was taken to the station. was sing the levee when a meb came along unknown, and fired a volley at him, killing him in- atantly. Wh the negro’s body was removed the sergeant and a squad of officers went up the levee and found a mob of 250 men, armed with Winchester rifles and other guns. They marched aiong the levee up to Sth street and back to Jackson street, and then dispersed, according to what seemed prearranged plans. At Washington street they were accosted by Sergt. Walsh, who recognized most of the men. Among the leaders was a man from down town, named Walter Owens. hey were sober and acted with delibe tion. On the levee Port Warden McCubben was seen. He declared he had been up all night, and deplored the occurrence. He said ail the men were from down town and did not belong to the screwmen. At 5:80 o’cluck everything uptown was cemparatively quiet, with very few weap- ons in sight. All negroes had left the lev and not one could be seen anywhere. The mob deposited their shotguns and rifles in the bar rooms in the vicinity. Firing Near the French Market. While this was going on the vicinity cf the French market was in excitement. A bloody riot had occurred. Four negroes had been shot and one Caribbean killed. ‘fhe trouble occurred on the levee at the landing of Harrison line of steamships, op- posite the Jackson Squa In the tog which prevailed a mob of 100 armed men got through the guards of the police and opened fire on the negroes, who were at work. They fled in terror, some jumping into the river. Those who ran across the levee in the direction of the square subjected to a deadly volley. The shots seemed to come from doorways, windows, galleri and street. Look where the would negro and heard th as the te and the poor devils s Those in the crowd af v not arm and ked mest venti Stand this, and they Those seen by a reporter say that it is trpos: ute how many were shot. hey nody fall, but knew from the yells and cries that some of their comrades had been h Later it was ase! » negro hi umbe ly. For i with revoive ner d up stone o improvised weapons and id net s thority that o: right wounded, tes the nd the and a fate the murderers, t there was a rauch Ifrger force on er front than that of yesterda rs were given full sway, and hey ised it without int. Not until e negro had fied from the river front did the white men desist. Entire Polte led Out. The entire police have been called to the levee Governor Force © Fowler has been telegraphed to, and it is reported that the militia ha been ordered to keep themselves in readi- most of the mob are writing drinking, and the police fear more troubl Acting Chief of Police John Journee is on duty. The entire front fs in a tumult. Another riot may be expected at an ment, The bodies of the four killed on Square are the bor precine e for the 1 for the third pre = to have st preceding the ay. As a usual been fixe » been tot he poor b there was to pr would be 4 now dead. Of these fowrth is the Car Seems to the r that are At th cared for on. board of his ship. lis wounds are pronounced dangerous. , The captain of the Engineer threatens to make the shooting of the purser an international affair. Later reports are to the effect that at least two negroes were shot and jumped into the river. They are still reported missing. What a Wounded Man Says. There were eight negroes who went to the Charity Hospital this morning, after being fired upon by the white and colored screwmen, at the head of St. Ann street, to have their wounds attended to. Several of the men received only slight wounds, which were promptly dressed, and ‘hey left at ence for their homes. One of these was Robert Aitkens, forty years of age, residing on South Rampart Street, near the Illinois Certral road. He received four wounds, the bullets being cf small caliber. Two were the forehead, over the right and left eyes, one in the left arm and two in the right arm. ‘To a reporter the wounded man stated that he was talking to the purser of the steamship Engineer, J. A. Bain, when, without warning, a number of shots were fired at him, the shooter being almost sev. enty feet away. The fog was so thick that he could not identify any of those who did the shooting. Before he knew it, and be- fore he could make a single move, he was shot five times, Purser Kain being shot at the same time. He immediately ran on board the vessel, while the purser fell where he was shot. Aitkens stated that as soon as the firing began there were a number of policemen between the rioters and himself and Purser Bain, and they immediately feil flat og their stomachs behind the cotton bales. When questioned every officer declared that he had not been detai‘ed on the levee until after 7 o'clock, and consequently after the shooting began. Although look- ing like a target Aitkens’ injuries are not such as to confine him to his bed, and he was walking home .when met by the re- porter. Leonard Melard, a scale hand in the em- ploy of J. E. Delaney, was at noon lying with a bullet in his brain in the charity hospital and slowly dying. Doesn't Know Why He Was Shot. Louis Coste, forty-two years old, was also in the same ward with Melard. He was shot while on the banquette cf Front and St. Peters street. He was not working and does not know why he was shot. The wourd is in his right arm, and though painful is not dangerous. There were not more than twenty in the gang who shot him, he stated, but it would be impossible to identify them owing to the great fog. They had pistols, Winchester rifles and shotguns. Jim Preston was also on the Harrison line wharf. Is entire back was literally per- furated with small bullets, about of No. 22 caliber. Preston also stated that there was a great crowd of men, all armed with every conceivable weapon. His wounds are very painful, and may result fatall Henry Brown, aged t) y-one year: presented a pitiful sight. He was shot five times, and were it not that he is a man of Very powerful constitution he would not have survived many min| He has two gaping wounds in his right breast, made by large bails, two in his right hip and one which crashed through his right arm. Al- though so badly hurt, he is making a brave fight for his life. His wounds are danger- ous. None of the wounded men could identify their assailants, owing to the number in the mob and the fogey weather. T NEW ORLEA EXCITEMENT Nothing Like It Since the Lynching of the Mafia. NEW ORLEANS, March 12. ew Or- leans is today in the condition of excite- ment that can only be compared to that following the events of the attacks upon the parish prison on that memorable 14th of March, 1892, when a body of citizens marched there and shot and lynched eleven of the men who were charged with implication in the assassination of Chief of Police D. C. Henne x That affair was terrific and frightful in its effects, yet the excitement which fol- lowed was no greater than the excitement which has followed today as a result of the riot and bloodshed on the levee. On all sides the riot was discussed, while crowds of men poured into the newspaper offices and called them up by telephone to learn the details of the frightful affair. About the cotton exchange there was the wildest excitement. Prominent members of thai great commercial body collected at an early hour and were very much worked up over the occurrence. = They were ioud in their denunciations of Mayor Fitzpatrick, while many of them condemned Gov. Foster in unmeasured terms for his failure to do anything that would put an end to the trouble. Many made reference to the United States author- ities. ‘There was talk heard of an appeal to the central government and the advisability cf communicating with the President with reference to having troops sent to the scene of excitement. ost of the leading members of the ex- change hastened to consult with their law- yers. All of the attorneys, who represent the shipping companies and the stevedores, being early in consultation with reference to the troubled occurrences of this morning. About the board of trade the riot was dis ed with less passion than at the cot- ange, but the riot was condemned nmeasured terms, while there could heard’ talk of calls for a meeting to ve the opinion of the body. mong the merchants the riot was dis- d, and while the killing of the negrocs condemne: that the ship agents ly respon- sible for the trouble by ing negro screwmen to take the places of the home. At 11:30 o'clock Capt. Woods of the Lritish steamer Engineer called upon the British consul, and reported to him that the purser of his vess been shot and dangerous! mob. When asked by an Associated Press re- porter what steps would be taken in the matter the British consul declined to say, replying that he would have to take the matter before his government before he would be able to give out any statement. He intimated, however, that he thought the matter would be a serious one, from all accounts the shooting of Bain was deliberate. Mayor Fitzpatrick returned to his office at noon. When asked what he thought of the situation, he replied that he believed that all trouble was over. He did not think ee would be n ary to call out the i The president of the Maritime E- just telegraphed to Gov. s be ordered out fa B Mr. Bain, had ly wounded by the mer h ational compli structed the grand jury d indict city officers who —ee Mareh 12.—A r ago a rted in the village of er O'Gara, alleging is under priest, was too liberal with members of the Protestant Chureh, The matter is revived by Father z two suits in the circuit court ther O'Gara, one for slander, placed ”, and an- nd batte th other for a ages plac a b 0, for 3), depriving him ‘of his Fire at Waupon, March 1 destructive | fire occurred at this place this morning. | During its progr six persons were in- | Jured, one fatally. Loss aggregates $40,000. ) for damages in life support. Wis. A STRONG FORCE/CHINA AND Our Naval Representation in the Vicinity of Colombia. FOUR WARSHIPS ALREADY THERE Admiral Meade’s Fleet May Go to Colon. TROUBLE FOR VENEZUELA The United States now has a strong naval representation in the vicinity of Colombia, sufficient to amply protect American inter- ests on the isthmus and in other parts of Colombia under all ordinary conditions. Cablegrams received at the Navy Depart- ment announce the arrival of the cruiser Alert at Panama from San Jose de Guate- mala and the arrival of the cruiser Ral- eigh at Colon, the other end of the Panama railway, from Trinidad. The cruiser At- lanta is also at Colon, having arrived there Sunday from Bocas del Toro with news of the defeat of the revolutionists at that port. In consequence of the arrival of the Raleigh, it is probable that the Atlanta will immediately return to Bocas del Toro, where her marine guard is supposed to be sta- tioned for the protection of American in- terests. ‘The Ranger There, Too In addition to the Alert at Panama, there is another American warship on the west coast of Colombia. This is the Ranger, which as been at Buena Ventura for sev- eral weeks. The cruiser Montgomery,which left Mobile several days ago for Trujillo, Honduras, is expected to-arrive there to- day or tomorrow. In case of necessity she could quickly reinforce the fleet in Colom- bian waters, and Admiral Meade’s fleet of evolution,composed of the New York,Minne- apolis and Cincinnati, is only a few days" distance aw: The Fleet to'Go to Colon. Although Admiral Meade’s itinerary for the cruise of his squadron in the West Indies does not contemplate a visit to the isthmus for several weeks, it is probavle that orders will soon be sent to him at Trinidad to proceed at once with his fleet divectiy to Colon, instead of visiting Cuba first. it is believed that his fleet ‘evolu- tions can be just as weil carried on in that vicinity as ¢lsewhere, and affairs in Cen- tral America and the countries of South America bordering on the Caribbean sea are in such troubled condition as to war- rant a naval demonstration at some con- venient central point, within cable com- munication, such as Colon. Trouble Likely in Venezuela. In addition to the present rebellion in Colombia, Venezuela promises to be the scene of trouble that will perhaps seriously affect our own interests. It is feared that the summary action of President Crespo in dismissing ministers representing four of the great European powers, meaning a total suspension of diplomatic relations. with them, may involve Venezuela in troubie. It’ is aleady reported that the French government has sent two warships to La Guayra to enforce the collection of a claim for indemnity. Admiral Meade has evidently heard of this movement, for he has cabled Secretary Herbert that he wili send the Minneapolis from ‘Trinidad to La Guayra tomorrow, and omitting Curacoa from his list, will’ follow with the remain- der of his fleet in a short time. Arrangements for Conl Supply. The Navy Department has succeeded in effecting an arrangement for the supply of coal to our naval vessels stationed at Colon and vicinity at a reasonable figure, and hereafter no coal will be purchased by the navy from the Panama Railroad Com- peny. Orders have been sent to the com- rianders of the Atlanta and Raleigh, now at Colon, to repair to Carthagena, Colom- bia, for coal whenever it is necessary to replenish the bunkers. The department has arranged to buy good English coal at that port for $550 per ton, while t Panama Railroad Company charges $10. and $11 for coal at Colon. As the vessels can run from the isthmus to Carthagena in a day, it is estimated that after count- ing the expense of the trip the navy will save at least $1,000) on each coaling. Secretary Herbert has received a cable message from Capt. Cromwell, command- ing the Atlanta, dated Colon, yesterday, saying that “everything is quiet at Bocas- del Toro” and that all are well on the Atlanta, ———————— SILVER CERTIFICATES. Dies Being Prepared for Printing New Designs. The bureau of engraving and printing is ncw engaged upon the preparation of dies for printing new designs of silver certi cat The designs are to mark a depart- ure in the engraving of money and bonds, which is to be in the direction of artistic reform. When Chief Johnson took charge of the bureau of engraving and printing he re- solved to suggest more artistic designs tor the work of the bure somewhat in ke>p- ing with the prog! made in the en- *s art in other branches. At his re- t a number of-artists submitted de- certificates, and from them ted models for SI, ilver on $5 and $10 notes. The designs represent allegorical figures and groupings and are exceedingly attrac- tive. Mr. Johnson pronounces them highly artistic and feels sure they will receive fa- vorable criticism from artists. M ; Wil. H. Lowe, Walter Sckerlaw and Edwin Blashfiel of New York furnished the de- which have already heen accepted. The new notes will be printed by next July, it is expected. A The bureau of engraving and printing broke ail previous record for printing bonds by eight days in the preparation of the bonds recently red. ‘The work of making new designs, new dies, new paper and printing the bonds was accomplished in twenty-two days, thirty days having al- ways been the minimum heretofore. This record was attained by means of the pres- ent thorough organization of the bureau, and the conseqnent smooth working of every: branch of the #rvice. THE VENEZUCLA QUESTION. The United States May Re Called Upon to Interfere. The State Department fs said to be very uneasy about the situation in Venezucla, and greatly embar 2d to determine upon a policy. Wh there is belief that the Monroe doctrine should be insisted upon, there is a great deal of uncertainty as to how and when it will be applied. England hi heen extending her claims in e dis- puted territe further and further into the domain of Venezu and it may be that she wili go to an extreme which will de- mand interference on the t of the United States. It is suggested, however, that a stronger motive for interference may be developed through the diplom: of the V an government. It is inti- mated that Ve la may make con icn to Americans either of timber or min- als on both sides the disputed boundary line, all of the dispu establish an Amer pelled to take into conside! t least so far as to insist upen a determination of the boundary dispute according to its merits. JAPAN Speculation as to the Terms of Peace Be- lieved to Be Agreed Upon. Arranged Through the Medium of the United States Ministers—Euro- peans Powers Interested. The brief cable announcement from Japan that China has acepted the terms on which Japan is willing to conclude peace” has re- newed keen interest in the situation in the far east. Neither the Japanese nor Chinese legations have as yet any information that the negotiations have reached this ad- vanced stage. It is stated by the officials at both legations that Prince Li Hung Chang, the Chinese peace envoy, has not yet left Tien-Tsin. His trip to Japan is to be accompanied with great pomp and cere- mony, and until he puts his signature to the treaty there will be no actual con- clusion of peace and no cessation of hostili- ties. It is believed, however, that the gen- eral understanding on the terms of peace is for the purpose of paving the way to Prince Li’s trip, in order that it may not result in the humiliating failure which met the efforts of the last Chinese peace en- voys. This is the view expressed here by the officials and diplomats most conversant with the situation. Probable Terms, United States Minister Dun, at Tokio, and Denby, at Pekin, have been in constant communication with a view to bringing the two belligerents together, and ft is not doubted that the general understanding on terms is through this mediation. These terms have taken a wide range, although Japan has never stated officially just what she expecied. It is known, however, that two of the conditions are the independence of Corea and a cash indemnity. The third condition refers to territorial extension, und as to this there has been great differ- ence of opinion, even in Japan. The radical press demand the permanent cession to Japan of all the territory she has overrun by her army and navy. This would include the great naval stations’ of Pert Arthur and Wei-Hai-Wei, and the valuable stretch of territory along the north of the Gulf of Pechili. The more moderate element in upan limits its territorial demands to the nd of Formosa. European Powers May Want a Hear- ing. Should the radical demands be pressed it is believed the great powers of Europe will want to be heard before the treaty is con- cluded. Russia has growled menacingly of late at the suggestion that her eastern possessions were about to be hemmed in by a circle of Japanese territory. It is under- stood here that Japan has earnesily t ty learn Russia's purposes, but without tire success. It Is believed, however, that Russia is chiefly concerned im securing a harbor in the northeast of Corea, as her present harbor at Vladivostock is closed by ice half of the year, while a Corean har- bor would give her an outlet to the sea the year rovnd. Such an outlet is considered imperative as a part of Uhe great Siberian raiiw : The Cash Indenmity. ‘The cash indemnity: to be paid Japan is variously estumuted at from one billion to five hundred nition yen. At the present rate of exchange the silver yen is worth about 50 cents and the gold@ yen about $1. It is not yet determined what coin will be used in payment. In either case it will avy inroads on the money metals world, as the total will be ten or ter than the proceeds of of the twenty times gre the United States bond sales. It is expec ed that China would have little trouble in borrowing the morey, as the great cre ns of Eure r to be ready anxious: to ady: curitie: jots Report of Operations During Lust Month, Col. Efiiot has made a report to the chief of engineers of operaticns on the Wash- ington aqueduct during the month of Feb- ruary, He says that the werk of repairing the Conduit road between the two rese’ yoirs was continued until stopped by the weather. All the unserviceable property pertaining to the aqueduct that could be so treated was hauled to the storehouse ai the distributing reservoir for inspection. The Secretary of War has granted the U. S. Electric Libhting Company a re- vocable license to erect iron brackets on the abutments of the Aqueduct bridge across Rock creek for carrying electric ca- bles across the creek. lt is proposed during March to continue the repairs to the Con- duit road and to raise some of the linings of the conduit manholes that are too low. To Prevent Pollution. In execution of the project for prevent- ing the pollution of the Dalecarlia receiv ing reservoir by drainage from the su rounding countfy, Col. Elliot says that the work of lining drainage tunnel No. 2 was continued during the month whenever the Weather would permit. Below the springing line it was completed for a distance of 182 feet, and above the same line it was com- pleted for a distance of 151 feet. The building of the dam across the mouth of Mill creek was continued. The sheet piling Ss completed and about 100 feet of the ce wall for the protection of the upper slope of the dam from wind waves was done. The building of the dam across the mouth of Little Falls braneh was continu- ed. All the sheet piles for this dam were constructed. ‘The paving of the channel at the outfall of drainage tunnel No. 1, with ip-rap stone was completed. An apron wali in front of the shaft in the valley of Little Falls branch was commenced. Dur- ing March it is proposed to complete the lining of tunnel No. 2 and the apron wall at Little Falls branch. ——_—_e SAVING AWARDS. LIFE Quite a Number Made to Foretgn Mariners by the President. Life saving awards have been made by the President to foreign mariners as fol- low! . A gold watch and chain to Capt. H. E. Thuestad of the Norwegian bark Chryso- lite, for effecting the rescue of the officers and crew of the American ship Titan in October, 1804; a gold_watch and chain to Capt. George Keller of the German steam- ip Brilliant, for the rescue of the officers and crew of the American schooner Wil- liamine, November, 184; gold medals to second Officer J. Siedenburg and Boats- aihmann; and silver medals to H. Braun and H. Mar- shall of the Brilliant, for services on the same ozcasion. Gold medals were also awarded to J. H. Orton, fourth officer, and .W. Fitzpatrick, quartermaster,and sliver medals to Boats- ain G. Seamen McLaughlin, id Jones apd Alvert Hpwley, all of the British steamship ®eutafic, for gallant and heroic efforts to gesctle‘the master and crew of the Ameriean schooner Josie Reeves, February, 1895. Marine glasses weretawarded to Capt. W. Thompson of the British steamship “Dur- ham City,” for humane services in effecting the rescue of the officers and crew of the American schooner Alice “T. Boardman, in October, 1894, and to Capt. Thomas Casper- son of the Norwegian bark Johanne, for effecting the rescue of two seamen of the American schooner Henry M. Stanley, July, S94. MR. OLNEY TALKS He Argues for the Validity of the Tnoome Tax. MANY HEAR THE ATTORNEY GENERAL He Contends ‘That the Law is Con- stitutional. OF TAXATION EQUALITY The proceedings in the income tax cases in the Supreme Court today opened with argument by Attorney General Olney on behalf of the government for the validity of the tax. The court room inside the bar was crowded when the court came in at noon, and there was no time when the limited seating capacity of the room was sufficient to accommodate the audience. The Attorney Genera: Addresi Attorney General Olney, in opening, said the chief interest of the government in the present litigation was limited to the constitutional questions which the several plaintiffs allege to be involved. Whether they are really involved he would not at- tempt to determine. An examination of the plaintiffs’ bills and briefs and arguments seemed to him to show that many of the alleged objec- tions to the validity of the income tax are simply perfunctory in character. “They are taken pro forma—by way of precaution because of the possibility of a point de- veloping in some unexpected connection— and just as a good equity pleader, be his knowledge of his case and of the pertinent remedies ever so thorough, never fails to wind up with the general prayer for other end further relief. There is nothing to criticise, of course, in the plaintiffs pur- suing that plan. It only makes it proper to sift out at the outset the exact propo- sitions upon which alone the plaintiffs can and do place any real reliance. For example, he thought no time need be spent in discussing the averments that the income tax law is an invasion of vest- ed rights or takes property without due proc of law. These propositions are pure generalities, and if there is anything in them it is because they comprehend others which are the only real subjects of profitable discussion. Again, suppose it to be true that income tax law undertakes to ascertain the incomes of citizens by meth- ods which are not only disagreeable, but are infringements of personal rights. The consequence is not that the law is void, but that the hotly denounced inquisitorial methods cannot be resorted to. The like considerations apply to the objection that the law is to be pronounced void because taxing the agencies and instrumentallties of the governments of the several states. It has not yet been definitely adjudicated, and it is by no means to be admitted that the income of state and municipal securi- ties is not taxable by the United States when assessed as part of the total income of the owners under a law assessing in- come generally and not discriminating be- tween such securities and others of the like character. But supose the contrary. The result is not that the law is bad in toto, but that it is bad only as to the income of state and municipal securities. “if I am right in these observations,” he continued, “the constitutfonal contention of the plaintiffs simmers down to two points. One is that an income tax is a direct tax, and must be imposed according to the rule of apportionment, and the other is based upon the alleged violation of the Constitution with regard to uniformity. I do not stop to discuss the question what the constitutional rule of apportionment ts. 1 do not think I ought to delay the court for any considerable time with the ques- tion whether an Income tax is direct or In- direct.” Not a Direct Tax. He declared that whether an income tax is what the Constitution describes as a “direct” tax is a question as completely concluded by repeated adjudications as any question can be. It is not a direct tax within the meaning of the Constitution un- less five concurring judgments of this court have all been erroneous. Speaking on another point raised by the appellants, he said no land tax is aimed at or attempted by the statute—there is no lien on land for payment—and the whole scope and tenor of the statute show the contemplated subject of taxation to be perscnal property, and to be nothing else. It is quite conclusive on this point that there is no provision for the valuation and taxation of unproductive land—a provision that would certainly be found in the Statute if the object was to make a real estate tax. Mr. Olney devoted considerable time to the meaning of the word “uniform” as applied to the collection of imposts, ex- cises, ete., declaring that the word had a territorial application and no other. “A federal tax, which is not a poll tax nor a tax on land, must be the same in all parts of the country. It cannot be one thing in Maine and another thi in Florida, The law providing for such a tax must be like a bankruptcy law or a naturalization law. It must have the same operation ever where, wholly irrespective of state line: The power to tax, he said, for practical use, and is necessarily to be adapted to the practical conditions of human life. Tnese are never the same for any two persons, and, as applied to any community, how- ever small, are infinitely diversitied. Equality of Taxailon Impossible. Regard being paid to them, nothing is more evident, nothing has been oftener declared by courts and jurists than that absolute equality of taxation is impossible —is, as characterized in an opinion of this court, only “a baseless dream.” No sys- tem has been or can be devised that will produce any such result. The nature of ‘the taxing power offers little, if any, opportunity for the exploita- tion of theories or for experiment with ab- It calls for the highest practical wisdom to be applied to the actual and infinitely varied afiairs of a particular community and people, and in its exercise, in the selection of the sub- jects of taxation, in taxing some persons and estates and in exempting others, the legislature is vested with the largest and widest discretion. It by no means follows that the power to tax is without any lim- its. They are, so to speak, self-imposed— that is, as already observed, they result from the very nature of the péwer itself. No country, for example, no state of this Union, ever adopted a plan of taxation that did not except some portions of the ‘com- munity from a burden that was imposed upon others. The power to do so is unques- tioned and is universally exercised. Never- theless, the power to exempt has bounds. It cannot be used without regard to the end in view, nor to gratify a mere whim or caprice. ‘The rule of uniformity places no restriction upon any division of the community into classes for taxable pur- poses which the legislature may deem wise. It merely declares that the classes being formed the members of each shall be on the same footing and shall be taxed alike, to be exempted alike, without ar- bitrary discriminations in individual cases. Uniformity between members of a class created for taxable purposes is required. It is quite beside the issue to argue in this or any other case that Congress has mis- tuken what public policy requires. On that point Congress-is the sole and final author- ity, and its decision once made controls every other department of the government. The statute makes no exemption in favor of a class that is not based on some obvious line of public poliey, and, the class being established, one uniform rule is applicable to its members. Take, fer example, the principal classififaticns of all—the grand | division by which the entire population of the country is separated into people with incomes of $4,000 and under who are non- taxable, and people with incomes of over $4,000 who are taxable. It is manifest that in this distinction Congress was proceeding upon definite views of public policy, and was aiming at accomplishing a great pub- lic object. It was seeking to adjust the load of taxation to the shoulders of the community in the manner that would make it most easily borne and most lightly felt. Take another illustration—that of business corporations. Their net incomes are taxed at the standard rate of 2 per-cent, but un- diminished by the standard deduction of $4,000. The resuit may be that a man in business as a member of a corporation is taxable at a little higher rate than a man in the same business by himself or as a co- partner. Here, it is claimed, is a distinc- tion without a difference. It is common knowledge that corporations are so success- ful an agency for the conduct of business and ihe accumulation of wealth that a large section of the community views them with intense disfavor, as maliciously and cunningly devised inventions for making rich people richer and poor people poorer. When, then, this income tax law makes a special class of business corporations and taxes their incomes at a higher rate than that applied to the incomes of persons not incorporated, it but recognizes existing so- cial facts and conditions which it would be folly to ignore. The Immense Stake. Mr. Olney closed as follow: “It would certainly be a mistake to infer that this great array of counsel, this elabo- rate argumentation and these numerous and voluminous treatises, miscalled by the name of briefs, have a tendency to indicate anything extraordinary or unique, either in the facts before the court or in the rules of law which are applicable to them. All these circumstances prove is the immense pecuniary stake that is being played for. It is so large that counsel fees and costs and printers’ bills are absolutely of no con- sequence. It is so large and so stimulates the efforts of counsel that no rule or prin- ciple that stands in the way, however well settled and however long and universally acquiesced in, is suffered to pass unchal- lenged. It is matter of congratulation, in- deed, that ‘the existence of the Constitu- tion itself is not impeached and that we are not treated to a logical demonstration that, for all taxable purposes, we are still under the old articles of tonfederation. Seriously speaking, however, I venture to suggest that all this laborious and erudite and formidable demonstration 1s bound to be without effect on one distinct ground. In its essence and in its last analysis it is nothing but a call upon the judicial depart- ment of the government to supplant the political in the exercise of the taxing power; to substitute its discretion for that of Con- gress in respect of the subjects of taxa- tion, the plan of taxation and all the dis- ons and discriminations by which tax- ation is sought to be equitably adjusted to the resources and capacities of those who have it to bear. Such an effect, however weightily supported, can, I believe, have but one result. It is inevitably predestined to failure unless this court shall for the first time in its history overlook and over- step the limits which separate the judicial from the legislative power and the scrupu- lous observance of which is absolutely es- sential to the integrity of our constitutional system. CUSTOMS DECISIONS. Two Important Casex to Be Decided in a Few Days. “< Two important cases now before the Treasury Department are likely to be de- cided within the next day or twd. The first is-that of the New York sugar im- porters, who applied to the department for permission to have the duty on their sugar importations assessed according to the po- lariscope tests at the port of delivery. It has been represented that at several points of shipment it is impossible to make a proper test, and in consequence the con- signees are often compelled to pay duty on a higher test than that found by the government custom house test. If, again, the original test is found to be lower than the government test the importers are sub- ject to a heavy penalty for undervaluation. They ask, refore, that invoices may be authorized giving a spectfied price per pound according to a sliding scale, based upon the government test. Another cu on is that raised in New York recently as to whether diamond cut- ting was a “new industry” in this country within the meaning of the new tariff act. Several diamond cutters arrived in New York a few weeks ago, and their right to land was questioned on the ground that they were contract laborers, and did not come within the meaning of the tariff act admitting workmen who were to engage in a new industry. This question will likely be decided by the Secretary during ine present week. Its importance, however, will rest upon the decision of the United States court of appeals for New York in the case recently appealed to it by the New York collector of customs. The New York board of appraisers had decided that under the new tariff act diamonds could he imported free of duty, but from this de- cision the collector appealed, and a de- cision is soon locked for. OPPOSITION TO MR. REED. The Effert to Get a Western Man to Run for the Speakership. The ever-ready cry of western man is be- ing invoked in certain quarters in connec- tion with the organization of the next House. While it is not probable that any- thing of consequence will come of it, there is an effort being made by certain of che old republican members re-elected to the next Congress who do not like Mr. Reed cr who fear that their prospects are not bright for committee assignments which they de- sire to get a western man among the con- testants for the speakership against Mr. Reed. They have selected Mr. Hopkins, but it appears that he is not willing to enter the contest, but they may find some other man who will go through the candidacy merely for the precedence it -would give him. This movement might have some srrall chance of success if it were not for the large number of new members elected to the next Congress. Among the old mem- bers there have been some rivalries during the past three or four years which have weakened Mr. Reed's influence. Moreover, the fact of his being prominentiy men- tioned as a presidential candidate leads the friends of other candidates to discourage the disposition to make a hero of the “ czar." Among the new members, however, Mr. Reed is greatly admired. to them through his reputation, and none of them have been put in contact with him in a manner to excite jealousies or emula- tions. All of these new members take it for granted Mr. Reed will be elected Speaker. This condition of affairs is likely to dis- courage all idea of another candidate en- tering the field. a THE MONETARY CONFERENCE. Germany May Enter Into an Agrce- ment Without Regard to England. Reports received at the State Department from American consuls in Germany indi- cate a condition of affairs which is encour- aging to the hope of the success of a mon- etary conference. Reports show a rapid de- velopment of the trade of Germany with both China and Japan. This development of trade in the east is in direct rivalry with Great Britain, and there is a strong party in Germany, representing the agrarian classes, who hold that the use 6f silver would still further advance the commercial interests of Germany in the eastern coun- tries, putting Engiand at a disadvantage under her monetary system. This inform: tion suggests the probability that German: may be willing to enter into an agreement for the use of silver without regard to the attitude of England. ai Presi ntiat Postmasters. It is understood at the Post Office De- partment that a list of nominations of presidential postmasters will shortly be announced. He is known | THE FLAG FIRED ON A Spanish Warship Fires at an American Vessel. A CHASE FOR TWENTY-FIVE MILES The Affair to Be Reported to the State Department. NO ADVICES YET RECEIVED NEW YORK, March 12.—The American mail steamship Allianca, while proceeding from Colon to New York on the morning of the 8th instant, sighted a barkentine-rigged steamer under the land off Cape Maysi, the eastern edge of Cuba, which headed directly toward her. At 7 o'clock, when about two and one-half miles distant, she hoisted the Spanish flag, which was saluted by hoisting the American ensign and dip- ping it, which act of courtesy was answer- ed by the Spainard. ? At 7:15 she fired a blank cartridge to lee- ward, which was soon followed by another. The American ensign was again hoisted and dipped, but the course and speed of the ship were not changed, as no hostile demonstration was anticipated, as the Al- lianca was more titan six miles off the land at the time. The Spaniard Fired a Shot. The Spanish man-of-war was not satis- fied, however, with even the double salute to her flag, but proceeded to chase the American at her full speed, judging from the smoke that came from her funnel, and seeing that the Allianca was drawing away she yawed to to bring her guns to bear end fired a solid shot, which struck the water less than an eighth of a mile away from the ship and directly in line. This was followed by two more solid shots, Which, fortunately, did’ not reach their mark, though they struck the water in plain sight of the ship. At each shot, however, the Spaniard yawed to get the range of the American ‘p before firing on her, plainly showing the intention to hit her if she could. Capt. Crossman of the Alilanca, knowing he was more than two leagues from land and on the high seas, did not consider it his duty to detain his ship to find out ihe reason for such an outrage, even for so summary a demand, and so ordered full steam and gradually drew out of range. A Chase for Twenty-Five Miles. The chase was kept up for more than twenty-five miles, however, before it was abandoned. If the Spaniard had had more speed or her gunners been better marks- men no doubt the incident would not have ended so fortunately for the American. This outrage has been reported to the Secretary of State by Capt. Crossman of the Allianca, and no doubt a prompt de- mand will be made on the Spanish govern- ment for an explanation for the insult and @ reason required for the attempt made to stop an American mail steamer on the high seas In time of pea Capt. Crossman has written to Secretary Gresham at Washington a full statement of the Spanish warship’s conduct. Nothing Known Here. Nothing ‘as been heard at either the State or Navy Department or the Spanish legation in regard to the alleged firing on an American vessel by a Spanish man-of- war a Colon, as reported in a press dise patch. ————— HARRISON BETTER. od Night's Rest and Will Soon Be Out. INDIANAPOLIS, Ind., March 1: ‘Ben- jamin Harrison was in a much improved condition this morning. He spent the greater part of yesterday out of bed, and he obtained a geod night's rest last night. He felt much stronger this morning, and would have come down to breakfast, but his family thought that he had better re- main in his room on account of the damp weather, Since Mr. Harrison has been ill there have been many callers at the house in- quiring after his health. No one has bean allowed to see him but his most intimate friends, and all inquiries have been an- swered by his daughter, Mrs. McKee. Dr. Jameson, who has been attending Mr, Harrison, reports that his patient is en- urely out of danger, and that he will be able to be out asain in a few days. —— DELAWARE SENATORSHIP. Mr. Manley Thinks It Time for Some One to Interfere. AUGUSTA, Me., March —Mr. Joseph H. Manley, when asked by an Associated Press reporter concerning the report that the repyblican national committee had in- terfered in the Delaware senatorship fight, seid: “The republican national committee will take no action in the Delaware con- test, and all reports that they will do so are unauthoriz GEN. He Had a G THE “I do not believe,” he continued, “that it is the busin of republicans outside of the state to assume to dictate who shall be renominated, but the matter has arrived at such a p: ground for rated.” that republicans have good ng that somebody be nomi- ss TO BOOM HIS REAL ESTATE. Trick With Which a Colorado Senator is C ured. DENVER, Col., March 12.—State Senator Jchn B. Gordon has been arrestel on the charge of conspiring to defraud the United States govefnment and held in $1,000 for a hearing. It is asserted by those prose- cuting the case that C. B. Simmons, who was arrested in Pueblo last week on the charge of impersonating a United States officer, was employed by Gordon. Simmons, alias Sawyer, went to Pueblo to secure evidence from people against the pre nt federal building site there, so as to have a new site selected on the Mesa. He has been unfortunate in real estate specu- lation, and the International Trust Com- pany is said to have most of his land tied up. The presumption is that if the gov- ernment building was located on the Mesa it would give the price of land a boom and help the tor out of his difficulties. It is stated that the senator, when a resi- dent of Nebraska City, attempted a similar scheme su ully ‘five years ago in Cheyenne, Wyo. The oe Raldwin’s Horses Sent to Memphis. LOS ANGELES, Cal., March 12—E. J. Baldwin has shipped the following horses to Memphis for the meeting at the Ten- nessee track: San Diego, Salonica, Eldo- rado, Rey el Santa Anita, Arapahoe, Hap- ‘arcas, Rey del Carredes Granada, anta Cruise, La Fista, Chiquila, Lady Diamond, E! Capitan, Florentina, La Paloma, Ayrioia, Onalaska, Elaine, "Del Coronado, Visalia, Queen Alba, Holate, Ar gentine, Ramiro, Falling Water, La Vineta fand Alvarado.