Evening Star Newspaper, May 6, 1895, Page 2

EEE SSS LATE NEWS BY WIRE _ Installation of New Police Com- missioners in New York, MR ROOSEVELT CHOSEN PRESIDENT Mayor Strong Abused by Outgoing Officials. ACCUSED OF BAD FAITH NEW YORK, May 6.—Theodore Roose- velt and Col. Fred Grant were sworn in as police commissioners this morning. When the new board met later in the day Commissioner Roosevelt was chosen president, Commissioner Andrews was elected treasurer, Commissioner Parker was appointed chairman o7 the committee on elections and of the committee on pen- sions and Commissioner Grant was appoint- ed chairman of the committee on repairs and suppties and also chairman of the committee on rules and discipline. Mr. Murray Makes Charges. Beforé relinquishing his office Commis- sioner Murray sent a letter to Mayor Strong refusing to comply with the request for his resignation. In cencluding the letter Mr. Murray said: “The perty of which I am a member, and which, prior to your election as mayor, you were identified with, through its represen- tatives In the legislature, with mistaken confidence in your discretion, fairness and republicanism, conferred upon you an ar- bitrary power of removal. This power should not be used with vindictiveness, nor exercised for the purpose of building up factional republicanism, or causing repub- lean disorganization or dissens‘on. “The spirit of this act you have violated. The exercise of the power by you, however narrow, capricious or unjust, I cannot pre- vent. If you think you can afford to em- pioy this power, do so. I can afford to be Made {ts innocent victim.” Commissioner Kerwin today gave out a second letter to the mayor, in which he Went more into details in regard to the alleged violation of ante-election pledges by Mr. Strong than he did in his letter of last Saturday. Both Mr. Kerwin and Mr. Murray are Platt republicans. Called Treacherous by Kerwin. In his later letter Mr. Kerwin says: “The republican crganizaticn of this coun- ty, through accredited representatives, call- ed upon you before election, and you volun- tarily gave pledges of the mest binding character that in the event of your elec- tion you would rot recognize any faction, but would do all you could to harmonize and luild up the republican party. “Tne record proves that you were false to every promise you made, and in the face of overwhelming evidence you have not dared to deny your wanton treachery. “Here are some things that the history of your administration up to the present time shows: “The appointment of a sufficient number of democrats to office to warrant the fu- ture sciidity and success of that party, and to render very improbable future victory by the republican party. (It is a_note- worthy fact that, after securing all that was possible from a republican mayor, the leader of the Grace democrats resigned his leadership, thus giving his followers the opportunity of assimilating with Tam- many.) “The appointment of non-residents to im- poriant places In the government of New York city. "he recognition of a faction in the re- Publican organization in this city. “Tke utter ignoring of the regular repub- lican organization by the municipal admin- istration. “The unblushing refusal of a mayor elected by republicans to carry out pledges of honor made by him previous to election. “The attempt to discredit, insult and dis- rupt the republican organization in this county through the encouragement of a faction minority. “The patient people of this city, my dear sir, will not forget that you remained silent in the face of charges of the most dam- aging character, directly crediting you with leing untruthful in your statements and false to the pledges subscribed by you. They will not soon forget the puerile ex- Pienation you made when you startled the cormunity with the false declaration that the city's finances had been tampered with. Least of all will any self-respecting citizen forget your conduet in going outside of this city for persons to conduct the affairs of the municipality. In doing this, you gra- tuitously insulted every man who cast a vote at the last election.” — ee FIGHTING IN ICARAGUA. Opponents of Zelnya Unite to Make War on Him, NEW YORK, May 6.—A special cable- gram to the Evening World from Teguci- galpa, Honduras, today, says: “Fighting has begun in Granada, Nicaragua. Disor- der is reported from Leon also. Word comes from there that the followers of Or- us Zerulia and Machereo have united to make war on Zelaya. The Honduran troops eencentrated at Cape Gracias will remain there, as it is feared that the threatened outbreak on the Mosquito reservation may “extend here. The troops at Almapa will be distributed along the coast. Gen. Bo- nilla will take 4,000 men and go to Presi- dent aya's aid, if requested. The evacuation of Corinto and the sailing of the British ships is announced. ee BIG NORTHWESTERN FAILURE. N. P. Clark & Co. of St. Cloud and mneapolixs Assizn. * MINNEAPOLIS, Minn., May 6.—The lum- ber and banking firm of N. P. Clark & Co. of St. Cloud, Minn., and Minneapolis, filed an assignment in the district court at St. Cloud late Saturday evening to Lucas Kells, a Sauk Center bunker. The fact of the assignment was kept secret. The as- sigrment has been contemplated for a long time, and during the past two months P. Clark, who is to all business purposes N. P. Clark & Co., as Fred H. Clark's in- terests are nominal, has been busy se the depositors in his bank and all more creditors. He is reported to have suid that they should not suffer on account of any mismanagement by the junior partner. N. P. Clark did not make a personal statement. Fred H. Clark, the local mem- ber of the firm, says the liabilities will fi within kalf a million, Scares A rumor that the failure was due to “tly- ers’”” in wheat and corn F. H. Clarl enie emphatically. uBXk dented ee AT EAST BUFFALO. ted at a Quarter of a Million, N. ¥., May 6.—Fire early to- day destroyed M. Strauss & Sons’ tannery, pestal station, A. Groben's coal yard, barns, severai freight cars, two dwellings, a number of horses and a large amount of FIRE The Loss Estin BUFFALO, stock in E Buffalo. The loss is esti- mated at a quarter of a million, with = 000 insurance The fire started in the barn in ba of 789 William street and was) wal Go der way when first discovered. Before the fire apparatus arrived the fire had come municated to the tannery next door, as well as to the dwellings in front. The ine mates escaped in thelr night robes, ———— CLOUD BURST IN and Cattle Swept Away by the Flood. HERRINGTON, Kan., May 6—Herring- ton was visited by a cloud burst last night. NSAS. Houses, Horses The town and sur ounding country were flooded. Lime creek, which has been dry for a yea was converted into a raging nd heuses, horses, cattle and hog John Williams house was carried away and the family rrowly ed drow The house of muel MeManus was also carried away and wrecked by striking a bridge. Mc- Manus esa but Mrs. McManus -was drowned. Her body was found lodged in a iree in the park south of town today. | brother, Henry C. FOUND DEAD I THE GUTTER. Murder of a Railroad Man at Minne- apol MINNEAPOLIS, Minn., May 6.—Early this morning two young men found in the gutter the dead body of H. W. Thomas, superintendent of the “Soo” road. There was a ullet hole in his head. Thomas last night called on Mrs. F. L, Williams, a divorcee, at the home of her father, R. L. Berglund. He left and soon after a shot was fired. The murdered man’s valuables were found on his person, thus precluding the idea of robbery. Mrs. Williams is a young woman who ran away to Hudson, Wis., to marry Williams. He turned out a worthless character and Mrs. Williams ob- tained a divorce. Williams was arrested early this morning and later confessed. Killed After a Hard Fight. SECAUCUS, N. J., May 6—John H. En- gelbrecht, a saloon keeper and owner of the Sunny Side, a small hotel on the Pater- son road, was found murdered in his sa- loon this morning. Blood was spattered all over the room in which the corpse lay, showing that Engelbrecht had made a des- perate struggle for life. Robbery was evi- dently the motive of the murder. Engel- brecht was thirty-five years of age. There were no guests in the hotel last night. The place at night is very lonely. Engelbrecht's father died a short while ago and left con- siderable money. Murder of a Hotel Clerk. PITTSBURG, Pa., May 6—Isaac Jope, night clerk at the First Avenue Hotel, was found murdered in the basement of the ho- tel this morning. He had been beaten on the head with an fron bar, and though still alive when found, he died soon after. He ‘arried the money of the hotel in his pock- ets, and this was no doubt the object of the crime, as he was robbed and left dying on the floor. Five arrests have been made and others will follow, though there is little evidence upon which to work. ee QUIET AT POCAHONTAS, No Miners Working im the Mines To- day. POCAHONTAS, Va., May 6.—There are no miners working today in the mines here, and, while Monday is ‘regarded as an off day, it is believed the union men have won the miners here and that the strikers have the field. The Hungarians have refused to work, and only a very few men went up to report for duty. They are what are known as day men, who lay tracks and work at the machines. The town was quiet last night and good order prevails, the miners remaining in and at their homes, but they are indignant at the attack made last even- ing on one of their speakers, Mr. Warbur- ton, who was knocked down by Mr. Hall on the depot platform and seriously hurt. The sympathies of this section are with the miners. The operators, it is believed. will suspend any attempt to run the mines. Last_night about 10 o’clock two police- men, Baldwin and Mike Rupert, went to the home of Joe Farkars, and calling him out, asked him if he intended to work. He said he would not work unless others worked. He was then told he must work, and he responded that he would not,where- upon he was struck. At this seven men in sympathy with the police rushed in, and Farkars was arrested and !s now in jail. Another man, a negro, was struck at the Browning mines, and there are warrants out for some of the miners of West Vir- ginia who are here for interfering and keeping other men from working. Trouble is feared. The miners think the police want trouble and are holding back. If ar- rests continue there is no telling what will come, as the miners are indignant. —.___ SAVED BY A LEGAL KNOT. It Must Be Untied Before Buchana: is Executed. SING SING, N. Y., May 6.—Warden Sage sald today that, acting on the advice of At- torney General Hancock, he had abandoned the jaea of executing Dr. Buchanan on Wednesday. The second respite by Gov. Morton will expire at that time, but owing to the legal muddle the execution, accord- Ing to the opinion of the attorney general, must be delayed till the courts again de- elde the questions raised by Buchanan’s lawyers. ———__. MASSEY WITHDRAWS. Another Brenk in the Delaware Sena- torship Contest. DOVER, Del., May 6—A sensation was caused today by the announcement that a letter had been received, addressed to the senate, from George V. Massey, declining to allow further use of his name in the bal- lotting for a United States Senator. For more than a week Massey been polling six yotes on each ballot, but even his six votes cannot elect a Senator, unless there is a break from elther Higgins or Addicks, which is doubtful. At the outset of the contest Massey had but three votes, but later he drew three more from the Higgins ranks, and it is more than likely that these men will go back to Higgins and Pennewill on tomorrow’s ballot. The vote today was: Higgins, 6; Addicks, 6; Massey, 6; Pennewill, 1; Kidgely, 9; Tun nell, 1. WILMINGTON, Del., May 6.—It is now believed by many that Dr. Hiram R. Bur- ton’s chances for the United States senator- skip are brighter than- those of any of the other aspirants. There was a delegation of republican leaders from Sussex county at Dover today, and they will make strong bid for the senatorship from that county. —— SECRETARY McENTYRE RESIGNS. Yhe Well-Known Turfman Retires From the St. Asaph Track. While the card presented by the Virginia Jockey Club at St. Asaph today was a light one, it conteined enough fairly good horses to make the day’s sport interesting. ‘The track has dried out completely, and is in excellent cendition. Sixteen books were on, Weather warm and threatening. ‘The attendance was good. Mr. Ashby, clerk of scales, is acting sec- retary in place of H. D. McIntyre, resigned. See AN OLD CASE. Supreme Court’s Decision White-Joyce Suit. Justice Shiras of the United States Su- preme Court today handed down the opin- ion of that court in the local case of White et al. against Joyce et al., which has been Ieng enough before the courts of the Dis- trict to be almost entitled to the name of the Washington Jarndyce case. The Su- preme Court reverses the decree of the Su- preme Court of the District of Columbia, and remands the case with instructions, thus in part sustaining the appeal of Mary White, Francis P. White, Mary S. White and other appellants. ——— Morgan Taken to Prison. Special Dispatch to The Evening Star. RICHMOND, Va., May 6.—Charles A. Morgan, alias Morganfield, the Aquia creek train robber, was received at the penitentiary this morning to serve eighteen years. The deputy sheriff of Stafford county and a son of the sheriff brought him here. Morgan fs still unable to walk, one of his limbs having been broken when he jumped off the train at Cincinnati. He will be placed in the hospital. ee Mr. MeCauley’s Will, The will of the late Theodore F. McCau- ley, who died at Rome, Italy, on the Sth of last month, dated January 31, 1895, was filed today. To the widow premises 218 B Street southeast, together with the house- hold 2ffects, are left during widowhood. At her death or upon her marriage the same is to pass to Virginia, Ida and Lewis Mc- Cauley, children of the deceased, equall The residue o! the eight children of the deceased, and his McCauley, is appointed in the executor. Judgment Affirmed. The Court of Appeals this afternoon, in the case of Geo. W. Moss, executor of the estate of the late James Littleton against Charles B. Littleton, handed down an opin- ion aflirming the judgment of the court below. the estate is divided among | | THE EVENING STAR, MONDAY, MAY 6, 1895-TWELVE PAGES. ARGUING IT AGAIN] Income Tax Cases Before the Su- preme Court, ON MOTION FOR A REHEARING The Court Decides to Reopen the Whole Matter. JUSTICE JACKSON ee PRESENT An astonishingly large number of persons got into the very small space allotted to visitors in the Supreme Court room this morning. They began going there early, an hour and a half before noon and long be- fore that hour, when the court was sched- uled to meet, every available seat was taken, and the bar was filled to overflow- ing. A large proportion of the crowd was ccmposed of ladies. There was a large sprinkling of newspaper men, who, thanks to the lack of sufficient room, had no ac- commodations for their work. After the seats were all taken, files of folks found standing room. The cause of all this unusual crowd was the fact that today for the first time in many months the Supreme Court was to sit with a full bench and to begin hearing arguments on the question of reopening the Income tax cases, which were partly de- cided a few weeks ago. Justice Jackson, whose absence from the bench prevented a majority opinion in some of the points presented, reached the city yesterday morning from his home, Bellemead, Tenn., and resumed his seat on the bench at noon today. He is somewhat wasted in figure and shows signs of his illness. He was of course the center of attention today, being now practically the judge of the entire question, as upon his vote upon the main point of the constitutionality of the law presumably rests the entire case, as it is not thought likely. that any of the other votes as cast a few weeks ago will be changed. A Distinguished Audience. There was an unusually large number of distinguished men present, drawn to the ecurt by a natural interest in the pro- ceedings. Secretary Morton came into ecurt for a few minutes durfng the middle of the day. Ex-Postmaster General Dickin- son listened to the opening remarks of Mr. Guthrie, one of the attorneys for the peti tioners for a rehearing. Speaker Crisp oc- cup.ed a seat w.thin the bar. Among otn- ers who were there were Senator Mitchell, Representatives Dalzell and McMillin, and ex-Representatives Cutcheon and Kasgon. The court was occupied for an hour after it convened by the announcement of opin- tons from the bench, the admission of new members to the bar and the hearing of routine motions. The interest, of course, centered in the case set specially for the day, but the dull and uninteresting pro- ceedings in the first hour caused very few to surrender their coveted places and re- tire. One of the spectators had sent a Dis- triet messenger ahead of him in the early morning to secure a seat for him, and was considerably chagrined when, on his ar- rival at 11:30, he found the boy proudly holding a desirable seat with several others vacant on each side of him. : ‘fo Go Into All the Questions. When the desks had all been cleared of small matters Chief Justice called the cases by number and stated that in re- sponse to a suggestion by the Attorney General, which the court interpreted as virtually a motion for a rehearing, the court had decided to permit counsel to go into all the questions involved in the case. The rehearing, he said, had been dependent upon the presence of Justice Jackson, a contingeyey now happily realized. It had been found necessary to limit the counsel to two on each side, but that the court would leave the question of the length of time to be consumed and the proper divis- fon of it to the attorneys themselves. At this Attorney General Olney, who sat at the center of the bar with his assistant, Mr. Whitney, bowed politely to Mr. Joseph Choate, the chief counsel for the peti- tloners, who sat with Mr. W. D. Guthrie at the left of the court. Mr. Choate bowed in return and each waiting for the other to arise, there Was a pause of some min- utes, which was finally broken by M Choate's stating that he thought five hours would be sufficient for his side. Mr. Olney made no response, and the Chief Justice said that he thought that the same period would probably suffice for the government as well. Before Mr. Guthrie began his argument, Judge J. M. Wilson was permitted, on be- haif of John G. Moore, to file a brief in the present case. Mr. Guthrie's Argument. Mr. Guthrie began by saying that coun- sel for the appellants in cases had been subjected to considerable criticism for their motions for a rehearing, but they had felt justified in the realization of the fact there were many points still undecided in the definite and final adjudication of which the entire country was vitally interested, and he assured all concerned that the counsel for the appellants in the present court would approach in a spirit of the highest patriotism, and with no desire for mere self aggrandizement. He said that the question involved was a constitutional one, and add- ed: “The Constitution is the political creed and conscience of the nation which must control and rule our destiny; and in so far as this court shall preserve it intact, ac- cording to its letter and its spirit, or per- mit the darkness of error to affront its light, so will our future be progress or de- e, happiness or misery, glory or shame. f the court must choose between a statute and the Constitution, between a decision and the spirit of the Constitution, between an oblter dictum and the plain words of the Constitution, it is not then of the essence of judicial duty to decide con- formably to the Constitution disregarding statute, decision or dictum. There can be no law inconstatent with the fundamental laws; and a century of error cannot over- rule the Constitution, The question is not to be determined by considerations of the present expediency or practicability or hardship, but according to the lights, the purpose, the ifttention of the framer, and as they intended the Constitution to oper- ate, so must we enforce it today. “The people are not to be deprived of in- herited rights, such as are imbedded in our Constitution,by mere precedent or the tech- nical application of the rule of stare de- cisis. The Constitution cannot be enslav- ed by any such doctrine nor manacled with such parchment chains, The most tech- nical work in the common law, Fearne on Contingent Remainders, is cited to uphold the claim that an error in the interpreta- tion of the Constitution must be perpetu- ated. We answer, in the language of our great historian: Woe hangs over the land where the absolute principles of private right are applied to questions of public law, and the effort is made to bar the prog- '§ of the undying race by the despotic rules which ascertain the property of evan- escent mortals” He said the Constitution was not the creation of the Philadelphia convention, but was the result of the experience of ages. The framers of it were practical men, who had a profound distrust in theo- ries. He asserted that the provision in re- gard to direct taxes was not inserted blind- ly, as the opposition seemed to contend, but was the result of a compromise, as ail understood. The Powers of Congress. In granting to the Federal Congress the pewer to lay taxes for the common de- fense and general welfare of the United States, the framers of the Constitution deemed it essential to impose limitations and restrictions upon the method of the of that power. They had suffered for generations from the operation of un- equal tax laws, and they had fought the great struggle of the revolution to main- tain the principle that taxation should be according to resentation. Their work was to fo guarantees for themselves and for posterity which would prevent Congress from levying direct taxes, ex- re cept by apportionment, according to the population of the respective states, and from laying duties, imposts and excises which were not equal or uniform. Did they fail to accomplish what they intended, what they professed to do? In every con- yention, in every publication, at every meeting the people were assured that there could be no oppression, because direct taxes must be laid according to representa- tion. He quoted many authorities to show that the people did.not understand that the word “direct,” as used in the Constitution, applied only to capital taxes and taxes lev- ied direct on land. He then examined the tax laws of the ¢olonies and states in order to show the fefnillarities of the delegates with tax not /only upon land and income derived therefrom, but upon personal prop- erty, with the view of proving that the delegates must Have intended to include a tax on personal estate, for otherwise it must be cleat; that if they contemplated merely a land tax they would have used those words. 9 : Direct Taxes. He argued that the fact that Congress was given power also to lay indirect taxes cannot change the scope and meaning of the term “direct taxes.” If the Constitu- tion thus stood with the power of Congress limited to ‘direct taxes,” would any court have ever held that “direct taxes” Bid not include a tax upon personal property, such as the people of every state were then paying for the support of their local gov- ernments? The Cause of the Error. The point of his contention was that the authorities established the principle that taxation upon the income of one class of Property is objectionable as upon another. He charged the Hylton case with being the sole cause of all the error in this matter at length. It was, he said a political case in which the administration of Washington was pitted against the anti-federalists and the case in which the local prejudice cut an important figure. “We are told,” he said, “that although the conclusion might be different If the question were a new one, the court is precluded from considering the merits of a constitutional question or guaranty by the expressions in this case. Such an argument concedes the possibility of original error. It is never too late to ‘adopt and declare the truth as to the Con- stitution, Under such circumstances as are here presented, the doctrine of stare decisis should not be applied.” But if the Hylton case decided that di- rect taxes included only capitation taxes and taxes directly on iand, why did the court In Veaste Bank agt. Fenno, in 8th Wallace, add: “And perhaps taxes on per- sonal property by general valuation has assessment of the various description pos- sessed within the several states.” What could be more of a general as- sesement than a tax assessed upon income of personal property from all sources whatever? He controverted the opinion that the decision in the Hylton case had been ac- cepted as deciding that only the capitation tax and the land tax were direct taxes, and asked if this was so why was it that Congress, In 1796, less than thirty days after the decision was rendered, had in- structed the Secretary of the Treasury, by resolution, to report a plan for laying dhect taxes by apportionment? He also cited other authority to show that the decision was not accepted as in any manner conclusive, extending his quo- tations to the time when the income tax of 1861 was under consideration in Con- gress. No New Argument. “It has been said,” continued Mr. Guth- rie, “that we submit no new argument. But is that a weakness? We have not strained after new effects. We concede that all we ,say.,finds its Inspiration in what was said at the time the Constitu- tion was adopted,’ at the time the Hylton case was decided, and in every case argued since that day. It seemed to us wise not to attempt t6 s#bmit any novel or new ideas, but to%beable to stand upon what had been sai@ repeatedly in this case and in Congress in régard to the true inter- pretation of ‘this’ term of the Constitu- tion.” oer Much was said upon the prior argument in regerd to the Awful responsibility which the court would aSsume in declaring an act of Cergress’ untonstitutional, and the clamor that it might excite. It may not, therefcre, be amigs to observe that while we have been contesting som> of the pro- visions of the Wilson tariff bill on the ground of their unconstitutionality, the Department of Justice itself has been earnestly carnying on a contest on precise- ly tho same.ground against certain sec- tions of the AfeKithley tariif bill. This has been dene with so much ability and success that the ‘executive branch of the govern- ment has procured a judgment annulling as unconstitutional and void the sugar bounty sections of that act. Therefore, it should rot, it seems to us, excite comment, and much less criticism, that private citi- zens, in protection of their own rights, have followed this example. Mr. Guthric contended that the power to tax incomes was not essential to the sup- port of the government, and instanced the small percentage of the expenses of con- ducting the civil war, which was borne hy the revenue derived from the income tax Mr. Guthrie did not regard as of great importance the plea that a direct tax by apportionment would be unjust. New York would, he said, be satisfied to pay its share, as he believed other states would be. “I know the sentiment of my state. She will gladly pay double thirteen—we will grasp at the opportunity of paying 26 per cent of all the taxes if the people of the United States are prepared to give her 26 per cent of the representation In Congress at the present time and in the coming crisis.” The Intention of Congress. Mr. Guthrie then presented at some length the contention that as it was clearly the intention of Congress to have the law act as a whole upon all income, the provisions which are unquestionably Vold invalidate the whole act. The law, he said, expressly includes rents and other income from land and from personal property, and its gen- eral language covers also income from municipal bonds. The government has in- sisted that it was not only the intention but within the power of Congress to tax the income from municipal bonds. Thus we have in this act, by reason of the in- tention of the framers and the scope of the ler guage used, provisions deliberately vio- lating the plain words of the Constitution, and attempting to tax sources of income which Congress had no power to touch, di- rectly or indirectly. The object of the act is single and en- tire, that Is to say, the taxation of in- come from all sources. In order to pre- serve the provisions now remaining, the court must strike out words actually used, such as rents, income and product of land, and also add a limitation substantially in these words: “Nothing herein contained shall apply to rents or product of land or income derived from real or personal es- tate or municipal bonds.” This court be- fore it can attempt thus to legislate must be clearly satisfied that Congress would have passed ¢he act in this mutilated form. He declared the a:t should be sent back to Congress because arbitrary and unjust and in violation of the express provistons of the Constitution. He then took up the question of exemp- tions and limitations, repeating much of the argument advanced at the first hear- ing. The Question of Refunding. Replying to the suggestion of the At- torney General that, in the light of the re- cent decision the government should re- fund the monty collected under former in- come tax laws, Mr. Guthrie said: * “The people of the United States gladly paid the income tax to defray the expenses of the war, and would make a similar sac- rifice today, if it were necessary. Con- gress has not’rettlrned the cotton tax, al- though it was clearly sectional, partial and unfair. Hast @yer been advanced as a principle of justice or morality that, if you decide that a certain interpretation of the customs iawS ha& been erroneous, every man who had paid without protest is en- titled to have hfs duties refunded? “There is no propriety on the part of the executive branch—of the government in telling this court that it should be affected one way or the other that its decision may compel tne refunding of vast sums of mon- ey unlawfully: collécted.” In conelusiédn, he quoted Chief Justice Chase in suppert of his assertion that the exigencies of war should not create prece- dents. “Not a whisper,” satd Mr. Guthrie, “was heard in a federal court attacking the constitutionality of the tax until two or three years after Appomattox. It would be opposed to every principle of constitu- tional theories and every principle of civil right to hold these sacrifices, willingly sub- mitted to in a time of war, as precedents or unlawful exacticns in a time of peace.” When the Arguments Will Close. According to the arrangement entered in- to when the arguments were begun this morning, it is thought probable that the court will be occupied in this manner for fully three days. 1t.was not expected that the court would hear any other arguments than those of Mr, Guthrie today, and would devote temorrow to listening to Mr. Whit- ney for the government and Mr. Choate for the petitioners. If this should be done the Attorney General will probably close the case Wednesday, after which the court will take the matter under consideration. MR. WILSON ARGUES The Potomac Flats Cases Were Con- tinued Today. KIDWELL CLAIMS THE ISSUE Lawyers Tell of the First !ntention Regarding Streets. —_+—__—__ LONG ARGUMENTS The Court in General Term, Chief Justice Bingham and Justices Hagner and Mc- Comas, this morning entered upon the third week of the consideration of the Po- tomac flats case, in which the United States seeks to quiet the claims of some forty odd partics, who claim the flats and the adjacent river front from about Eas- by’s Point to the arsenal. So far in the case only the claims of the Marshall heirs and those claiming under the so-called Kid- well patent of December 6, 1809, have been presented. The former claim through pur- chase from the grantees under colonial grants the entire river bed from shore to shore, and the latter claim 47.71 acres of the Potomac flats, from about 17th street to a point just beyond Easby’s Point. The claims of the Marshall heirs have been fully argued and submitted to the court, and this morning Mr. Nathaniel Wilson resumed his argument—the closing one—in the matter of the Kidwell claims. The case will, it is thought, consume at least two weeks more of the court's attention in Its presentation. Argument Resumed. When he resumed his argument this morning Mr. Wilson invited the court's at- tention to the different maps of the city and of the flats, beginning with the L’En- fant map, contending that the government was in error in arguing that there never was a well-defined channel separating the flats from the city and also wrong in stat- ing that the exact location of the land covered by the Kidwell patent could not be made. The maps, said Mr. Wilson, clearly showed that as carly as 1791, and as late as 1884, the channel in question was in actual existence. The depth of water in this channel, asserted Mr. Wilson, ran from three to eight feet, and he read the testi- mony of several witnesses tending to show such a state of facts up to the time, at least, of the date of the Kidwell patent. The Question Stated. _ In 1869, said Mr. Wilson, it seemed to be clesrly established that the land in ques- tion was there, and that it was separated from the mainland by the channel re- ferred to. It was also clear, he state, that the United States at that time had an indisputable title to the land. Hence, the fundamental question is, Was it such land which the government, under the authority of the joint resolution of 1839, could grant under its patent? That was the main ques- tion fo be considered by the court, and if the question was answered in the af- firmative the title of those claiming under the Kidwell patent could not, insisted Mr. Wilson, be disputed, and that grant should, therefore, be affirmed. It wgs wholly com- petent, thought Mr.Wilson, for Congress to authorize the granting of the lend, and entirely consistent with the doctrine laid down by the United States Supreme Court in the lake front case, as the granting of the lard could in no way Interfere with the rights of the government in the matter of either the improvements or navigation of the river. It did not matter, he thought, that part of the land might at times have been submerged; the title of the govern- ment to the river bed, however obtained, was indisputable, and was subject to grants from the United States. Not the First. The Kidwell patent, stated Mr. Wilson, was not the first of its kind, for in 1856, he explained, President Pierce granted the islands just above the Aqueduct bridge, known as the “Three Sisters,” to one John Moore. That land, said Mr. Wilson, was granted under the authority of the law of 1839, showing that the government had previously to the making of the Kidwell patent exercised the same right it exer- cised in the grant to Kidwell, and never until in the present suit, he declared, had this authority of the government been questioned. a ‘The government, said Mr. Wilson, con- tended that the land covered by the Kid- well patent was and is within the city limits, Lut he declared that not a scintiila of evi- dence sustained that contention. It matter- ed not what had been the intentions of the founders of the city in extending the streets out upon the land in question, for it was nevertheless true that the streets ‘were never, in fact, so extended. “Is there,” interrupted Mr. Taggart, “anything to show that the streets did not so extend?” “No,” answered Mr. Wilson, “and there is nothing to show that they ever did.” Question of Fraud. Referring to the contention of the gov- er:ment that fraud was practiced in ob- taining the Kidwell patent, Mr. Wilson said he wished to impress upon tHe court the fact that after his first application for the patent, Dr. Kidwell, in applying the second time, merely prayed for a re-exami- nation of the land. All the officers of the gcvernment,.he said, were sworn to prop- elry perform their various duties, and the patent itself is evidence that the prelimi- naries have been fully complied with and all conditions duly performed. The United States Supreme Court, said Mr. Wilson, h ; decided that the ‘action of the land orice 18 conclusive evidence everywhere, except when reconsidered in the office on appeal, and that as to the facts upon which their decision is based, in the absence of fraud or mistake, that decision is conclu- sive, even in courts of justice, when the title afterward comes into question. It was seriously contended by Mr. Taggart, said Mr. Wilson, that the Kidwell patent is yeid because it was signed by the Presi- dent. It was a most extraordinary con- tention, he remarked, but there 1s nothing in it, because the law required it to be so signed. —_.—__ GRESHAW’S ILLNESS. He is Reported as Being Somewhat Better Today. Secretary Gresham is still a very sick man, although it is said that he passed a good night and is somewhat improved to- day. His various complications, including pleurisy, appear to be yielding to treat- ment, and his friends are encouraged at the favorable symptoms. Dr. W. W. John- son is now in charge of the case and is hopeful of a steady improvement. The Secretary is very weak from lack of nour- ishment and is still confined to his bed. He is unable to see callers, and is carefully guarded against all causes of excitement. As soon as he is able to stand the journey he will be taken to Fortress Monroe and to some other nearby resort. —_—_—_—_-. Gen. Pleasonton's Condition. General Alfred E. Pleasonton, who has been quite ill for several days past, is reported today to be a good deal better. An abscess which has troubied him for years broke and he was much prostrated. As is well known to his friends, General Pleasonton has not left his room for the past five years, one reason for this se- clusion being the difficulty he experiences in wearing street clothes without suffering. He is his own doctor, as he has a repug- nance to physicians. se Representative Hitt No Better. Representative Hitt was no better this morning. He had a bad night, and did not rally. ee Sawing Ice. Consul Morris at Ghent has sent to the State Department a description of an ap- paratus for sawing ice and opening® nay: gation closed by severe winter weather. It consists of a machine with two circular saws worked by a portable engine from a boat. The saws are about five yards apart, and the ice sawed is broken by the boat The mach'ze has been tried during the recent severe weather at Antwerp with great success. ON TRIAL FOR MURDER. Getting a Jury in the Johnson Stab- bing Case. This morning Judge Cole, sitting in Crim- inal Court No. 2, began the trial of James Andrew Beverly and Nelson Thurston, on the charge of murder. The crime with which these men stand indicted was com- mitted on February 5 last. Both are col- ored men, and the man who was killed, Charles E. Johnson, was also colored. The homicide was the result of a row, which occurred on Pomeroy street, near Freedman’s Hospital, in the course of which, it is alleged, Beverly stabbed John- son in the heart with a knife, the wounded man dying on the following day. The case was rather remarkable in that the man who was stabbed lived as long as he did after receiving the fatal wound. Thurston was held on the charge of aiding and abct- ting Beverly in the act, and Judge Cole explained to the jury that if he was guilty of the offense charged he was guilty in the same degree as the man who wielded the knife. The government was represented by Mr. Tracy L. Jeftords and Mr. Charles A. Armes, and the defendants by Mr. Thos. C. Taylor for Beverly, and Mr. C. L. Trev- itt for Thurston. a The morning was occupied in securing a jury, a number of those who were called being excused on the ground of gon- scientious scruples against capital pufish- ment or because they were challenged by the defense. As all the trials for murder which have come before this panel have resulted in convictions the lawyers for the government found no reason to chal- lenge any of the jurors who were called this morning. At 11 o'clock the court took a recess until 45, and the work of filling the jury box was then resumed. The Jury. It was 2:15 “when the jury was finally completed as follows: Alfred West, John J. Newmeyer, 8. F, Gill, John Bronaugh, D. J. Buckley, Jules A. Demonet, John Byrne, Wm. B. Gurley, E. L. Dodd, C. Carroll Martin, J. Henry Wurdeman and Wm. W. Grant. Mr. Jeffords opened for the government, outlining in brief what the prosecution ex- pected to prove. Thurston, who is a cob- bler, had a shop on Pomeroy street, just off of 7th street. On the night of the kill- ing there was some drinking and a fuss in the shop. Beverly and Johnson ran out and across the street and the contention of the government would be that Beverly pursued Johnson and, urged on by Thurs- ton, struck at Johnson with a knife and pierced his heart. Mr. Trevitt made an opening address on behalf of Thurston and the case was in progress when The Star's report closed. —————— LIVELY TALK. Lawyers Disagree Over a Police Court Case. Judge Miller's court room came near be- ing the scene of a free fight this afternoon, and it required the combined efforts of the judge and severai bailiffs to restore order and prevent possible bloodshed. The scene was the result of a tilt between Lawyers George W. Albright and George French,» who were interested in a case that was being heard. In the case Yorick W. Smith appeared as defendant, while J. J. Schenck Was the prosecuting witness. Smith lives on Trinidad avenue, and Schenck has an office on G street, oppo- site the patent office. It was charged that Smith had made false representations to Schenck concern- ing a patent sewer bottom, and had ob- tained $150 from him. Lawyer French represented the defend- ant, and had the privilege of cross-exam- ining the witnesses, while Albright, who was present as counsel for Shenck, was permitted to take no active part in the contest. During the discussion of the case Law- yer French made a statement to the effect that an effort had been made to settle the matter out of court, and to this statement Mr. Albright took exceptions. He claimed that Lawyer French's state- ment was a reflection on him and his meth- ods, and after denouncing his statement as being groundless he proceeded to tell French that he could or would thrash him. “You can’t thrash one side of me,” said French, who added something about what can whip you with one hand,” “Gentlemen, please keep quiet,” shouted the bailiff, as he rapped for order. Judge Miller was also dcing some werk assigned to bailiffs and finally order was restored long enough for Judge Miller to dispose of the case, which he did by hold- ing Smith in $100 security for the action of the grand jury. There was another tilt between the law- yers, but it ended in talk, as no blows passed. es ROCK CREEK PARK. The Commission Held a Meeting This Afternoon. The Rock Creek Park commission met at the city hall this afternoon and adjourned until the last Monday in October next. But three members, Gen. Thos. L. Casey, Gen. H. V. Boynton and Mr. R. Ross Perry, at- tended today’s meeting, and the adjourn- ment was taken to allow a decision by the Court of Appeals as to whether or not the commission has the right to make an as- sessment of benefits on the property ad- Jacent to the park. In the case of the Van Riswick heirs, several weeks ago, Judge Cox held that the commission has no au- thority to make the assessment proposed in the park law of 18”, and granted an injunction, restrairing the commissioners. The commissioners thereupon noted an ap- peal to the Court of Appeals. aa The Board of Trade to Meet. It was decided today to call a special meeting of the board of trade to consider the state of affairs at Alexander Island and at other places adjoining this city in Aiexandria county, Va., which are under the control of gamblers and the disrepu- table element. It is expected that the meeting will be held one day this week. > An Assignment. John H. Flanagan of 513 7th street, a Jeweler, this afterncon made an assign- ment to Martin A. Leese for the benefit of his creditors. The assets are placed at $6,450.71 and the abilities at $4,500. —__ Grain and Cotton Markets. Cotton and grain markets, reported by W. B. ton broker, 1421 F Hibbs, stock, grain and cot G a 49. x. . High. . Close. Wheat—Ma: ae ae Baltimore Markets. BALTIMORE, May 2.350250; do. extra, 3.40; Winter wi 3.80 4.04 3 261 barrels; and _easy—xpot July, 66\ga Tod, Oba 0,061 bush- $13.008$14.00. Grain freights fairly steady, unchanged. Sugar stron lated, 4.45 per 100 lbs.” Butter weak—fa ery, “19a2 imitation, 1 good lad! tore packed, 8: fresh, Cheese tirm—fa do. 35 size, 12 Washington Reported by the Grain Exchange. Ing patent flour, per } E 3 t tour, hreextrat feu ps ish 2 timothy hay inixed r ton, 13. butk “rid ie bran, per ton, 17.toaison Bi per ton, “17.00al8.00; rye straw, per ton, wheat” straw, ‘per ton, 6.00, ‘The uotations for car lots delivered on track, ston. FINANCE AND TRADE Large Foreign Buying of American Stocks and Bonds. INTEREST WAS IN THE INDUSTRIALS Discussion of Earnings and Crop Prospects. GENERAL MARKET REPORTS ey Special Dispatch to The Evening Star. NEW YORK, May 6.—A well-distributed volume of business and continued confi- dence in tue prolongation of the upward movement resulted in substantial additions being made to values in today’s stock mar- ket. Compared with Saturday’s closing, in- ital figures reflected advances varying from 1-4 to 1-2 per cent, and in a majority of instances subsequent trading doubled these fracticns. London’s early cables in- dicated a higher range of prices for all of the more active international issues, and brought numerous commissions to the local representatives of foreign banking houses. The developments of the day were gen- erally favorable, several encouraging in- creases in esrnings for the month of April being announced, together with assurances that future reports will, in all probability, show continued improvement in these items. The weaker tone of the foreign ex- change market was a decided addition to the fund of prevailing incentive, and re- flects the result of recent trading for for- eign account. Rates for actual business were fully 1-16 below those reported on Saturday, and the supply of bills drawn against stocks and bonds purchased for London houses was largely increased. The inquiry from remitters was small, and aided the depression in rates. All things considered, the market has fewer exposed points of vulnerability than any of its recent predecessors, and traders’ reac- tions are, at the moment, practically the enly menace to values. The room ts becoming skeptical with re- gard to certain of the specialties which have had large advances, but the manipula- tion has been more than equal to every emergency. Interest centered largely in the Granger group as the result of a general revolution in sentiment respecting the western crop situation. Burlington, St. Paul and Rock Island each gained a trifle over 1 per ceat and Northwest, although under suspicion of contemplating a reduction in its dividend rate, added 3-4 per cent to first prices. New England was active at an advance of 13-8 per cent with no motive at all con- sistent with the extent of the advance, The securities of the Southern railroad were strong, the preferred stock selling up over 40 on what was said to be good buying for both local and European account. The industrial list was active, particular- ly Sugar, on further advances in the prices of the refined product. The pool in this property, being favored with excellent trade conditions, are confidently predicting further successes on the long side. Chicago Gas was weak under short sales based on the belief that the frontage bill will be vetoed during the week. Purchases of distillers for both accounts advanced the price of that property 1 per cent. The trading of the last hour was active and somewhat irregular. A selling move- ment in Reading, supposed to have orlg- inated in Philadelphia, broke the price of that stock 1 per cent and forced sympa- thetic reductions in the higher priced coal- ers. Further reductions in_ foreign ex- change rates were announced during this period. Sugar sold up to the highest point yet recorded and was steadily absorbed by pool brokers. ——__. FINANCIAL AND COMMERCIAL. ‘The following are the opening, the high- est and the lowest and the closing prices of the New York stock market today, as re- ported by Corson & Macartney, members New York stock exchange. Correspondents Messrs. Moore & Schley, Ne. $0 Broadway: Stocks. Open, High. Low. Ciose. American Sagar. . 13H M5 Bs 114% American Sugar Pid. 8% 995; OSs, Hy American Tovacco. 1043s 1043 10845 108, American Cotton Oil. 4 2h Atchigon... 5% Canada Southern 5Big Canada Pacific bz Chesapeake and Ohio. 19 ¢.. C., C. and St. L. ay Chicago, B. and Q. 763; General Electric. ory cand Northwestern. Chicago Gas. C..M.and St. Paul and St. Paul Pfd. c. RL and Pacific Lack. and W. Delaware and Hudson Den. and R. Grande Pfd Dis.and Cattle Feeding. Missouri Pacini National Lead Co. U.S. Cordage Co. U.S. Coraage Co. Pia. New Jersey Central New York Central N.Y. and N. E. Cfs. N. ¥., C. and St. Lout Northern Pacitic. Northern Pacitic North American. Ont. and Western. Pacific Mali... Phila. and Reading. Pullman Pal. Car Co Southern Railway Phila. Traction, Texas Paci = Tenn. Coal and Iron... Union Pacific Wabash... 5 Wabash Pfd. = Wheeling and i. Erie.: Wheeling and L. E. Pid. Western Union Tel. Wisconsin Central. Silver... Washington Sto —regular call—12 0° 5s, $1,000 at Sv; $1,000 at fe: $1,000 at Soy. U, 135. Kiggs Fire Insurance, Government Bonds.—U. 3. ds, coupon, 112%, bid. Columbia Bonds.—20-year fund r fund 6s, gold, 114% bid. W: urrency, 117 bid. Water stock US bid! 3.6 curt Bigs, rezistered, iscellaneous Bonds. town Railroad conv. 6 regis US. 3s, May 111 Ist, 130 bid, 140 2 u Railouad Cony. ypolltaa I td, 103!4 asi Belt Rai asked. Bekington Railroad 105 asked. Columbia asked. Washington Gas bid. Washington Gas bid, 118 asked. Wasbingto: 1, 135 bid, 140 asked. i) ‘Trust Ss, Company 100" bid. jonal Bank Stocks.—Bank of Wash: Bank of the Republi Washly 130 vid, asked.” Tu fobs a shington Brick Ce Su . OF sid. 100 bid. Linco Hall, ing, 90 asked. Mergentha!