Evening Star Newspaper, May 8, 1895, Page 1

THE EVENING STAR ———_.- DAILY EXCEPT SUNDAY AT THE STAR BUILDINGS, tn the carriers, on their own account, at 10 cents of it cents per month. Copies at the cents each. By twail—anywhere in the tes or Canada—postage prepaid—50 cents le Sheet, Star, $1 per year, with foreign postage (Entered at the Post a as second-class mail matter.) ‘All mail subscriptions must be paid in advance. tes of advertising mado known on application. No. 13,159. The Evening Star. WASHINGTON, D.0., WEDNESDAY, MAY 8, 1895-TWELVE PAGES. TWO. CENTS. Te proof of the pudding fn tBe eating. Yesterday’ Star contained 55 cofumns of advertisements, made up of 846 separate announce: ments. These advertisers Space, ; A SILVER = TRIUMPH | CONGRESSMAN RICHARDSON) (| QSING THE CASES Such a Result Might Prove a Dis- guised Blessing, BELIEF OF SOME SOUND MONEY MEN The Campaign of 1880 Parallels the ~ Present Situation. SILVER AND FIAT MONEY ——— There are sound money men in both par- ties beginning to believe that an apparent triumph for silver in the elections of next fall might prove to be a blessing in dis- guise for the credit of the country. They are by no means suggesting an abandon- ment of this year’s campaigns. They real- ize that nothing 1s ever gained by running away. They will put up the very best fight possible, and they, hope to win. At the same time, a new light has been turn- ed on the situation which comforts them with an assurance not heretofore felt. Recollections of 1880. These men have been rubbing up recol- lections of some recent campaigns, and go- ing back no further than 1880, they think they have found a situation worthy of study. At any rate, it shows how quickly the country responded in that year to the menace of unsound finance, and how swift- ly popular favor changed from the one party, that had just won an important skirmish, to the other, that seemingly had been dished by the result. The democracy entered upon the national campaign with very high hopes. General Hancock seemed likely to prove a most at- tractive candidate for the presidency. Theré was not a single striking personal quality that he lacked. He was handsome, engaging, brave, generous and capable. As man, soldier, citizen he stood among the first in the land. He was a realistic type of King Arthur, indeed, and, like the great myth, was weak, if at all, only on the side of a too perfect roundedness. There were those who could have wished him a shining fault or two, simply to give his character the higher color of sharp contrast. But, as he was, his friends ad- mired him and his opponents feared him, and along in August the sporting politi- cians were laying odds on his winning the race. The republicans were handicapped. General Garfield was being subjected to a terrific fire, and, kindly and eloquent man that he was, he was weakening under it. Some spots had been found on his record in Congress, and the manner of his nom- ination had cost him the interest of sev- eral men of prominence in his party. Mr.° Conkling, in particular, had gone home seriously disgruntled, and there was no expectation of hearing from him on the stump in the campaign. Things, all around, looked black when they didn’t look blue for the republicans. Piagued With a Greenback Connec- tion. But it so turned out that the democrats were plagued with a greenback connec- tion that controlled them more than was good for them. It was the survivor of the soft money craze that had swept over the south and middle states a few years be- fore. This craze had been laid the year previous in Ohio by the election of Charles Foster for governor over Gen. Tom Ewing by a large majority. But here it was again, shaken clear of its cerements, and lively as ever. Strange enough, too, it was oper- ating in the far east now, and in the Maine state election, which took place there in September, the ticket supported by the greenbackers and the democrats carried the day at the polls. The result startled the whole country. Capital in every quarter at once took alarm. In New York democrats, as well as republicans, looked askance at the returns. What did they mean? Was fiat money to prevail? Was the national credit to be The democrats of the soun money school were profoundly disturbed. was their duty in the premises? The financial plank in their national plat- form was satisfactory enough, but here Was a state election in which democrats dad assisted in producing a result con- atrued everywhere as a flat money triumph. Could they afford to go any further in puch a direction? As a matter of cold, hard, business fact, was it not desirable that in the existing circumstances the re- publicans should win in November? The Change In the Tide. The republicans immediately took heart. A broad streak of good, old-fashtoned day- light appeared in the east for them. Drums began to beat, banners to wave, marching processions to lengthen in line, and a new spirit was observable everywhere among them. The disgruntled leaders were all aroused. Gen. Grant took the field and brought Mr. Conkling along with him, and tegether they set the middle states afire. Mr. Conkling w: in his best oratorical form, and the largest crowds up to date gathered to hear him wherever he went. The tide was turned in a week. The pe sonal qualities of the two presidential can- didates were wholly forgott It counted hing for the democrats that Gen. yas @ superb figure in the coun- ory. It counted for nothing against the republicans that Gen. Garfield, while a member of the House, had taken a fee to which some people attached an im- propriety. The only question now left re- lated to the finances. To which party could the credit of the country with the more safety be left? The democrats were at least uncertain the money issue. Mr. Tilden and his friends in New York were all right, but how about Mr. Thurman and his friends in the middle states, and the demo- crats of the south? The republicans were etanding shoulder to shoulder for sound money. Their policy could be forecast on that question. ‘They were against flat money in avy and every form, and had no ailisnments which, in case of success at the poll In offi would af ‘d embarrass them Tr untry decided in favor of , and public credit was not eptember results in Maine, eh, ken. : ny people thought, did the work. The _ Public Credit Here, now, ts the comfort referred to that seme sound money men of today are taking. They would prefer that not even @ ‘serious men utd occur, but ane, they conce be nee % at this da Impaired Now. as in 1880, to properly arouse the people e c 2 to their danger. Public r 3 rtant now as then. Sil- ver, as th 1 assert, is but anoth form of the fi . The re object is to f money supply without regard to p ing power of th is light but an by much more in th ing wha’ h on su where, and spur < 2 activity. Will t bit of Ma‘n be repeated? If ver wins this year, will that insure a Sound money ‘triumph next year? —————— oe Indians Return to V The Indian bureau patch from Faiph at the. Turtle stating that everything Is quiet there and that the Indians heve returned to work. agent He Talks Briefly Upon Several Subjects of Current Interest. Non-Committal on Putting the Gov- ernment Printing Office Under Civil Service Rules. A group of newspaper men rounded up Representative Richardson of Tennessee today. They corralled him in a qutet cor- ner and then proceeded to drill him for news. A Star man was in the crowd. “Somebody said you are a gold bug,” re- marked one of the men to Mr. Richardson, im an off-hand way. For Free Coinage. “Who said so?” cried Mr. Richardson, indignantly. “It's no such thing; I am for the free coinage of silver and have always voted that way.” This was a good starter; it got him interested in the subject and warmed up. “The people of my country are very much agitated now over this firanctal question, and they are talking and thinking about it a great deal. Down there they want more silver. They would rather have an interna- tional agreement,if possible,and are not anx- ious for tris country to go it alone, but I be- eve that if it came to a choice they would rather have independent free coinage than no action at all. If the seigniorage had been coined or something done in the way of looking out for silver a great deal of this present agitation might have been avoided.” Printers and Civil Service. “What do you think of putting the gov- ernment printing office under civil service rules?” asked one of the men, who remem- bered that Mr. Richardson, as chairman of the House committee on printing, has tak- en considerable interest in the shop in the past. “Well, I don’t know whether that could be done or not,” replied Mr. Richardson, and he smiled in a non-committal sort of way. This reminded him, however, that the interrogator had published the state- ment that Mr. Richardson has a great deal of patronage in the printing office. He said this is not true, more’s the pity. He lamented, almost with tears in his eyes, that such is not the case. “What do you think is the prospect for getting an appropriation for a new print- ped eee at the next session?” he was asked. Not Much Show for a New Building. “I doubt very much if a bill can be pass- ed. The question of a site would still be a vexed one. If the owners of the differ- ent sites had not blocked action in Con- Gress several years ago we couétd have passed a bill, and the building would be half way up by this time. I think the mat- ter will drag along for a while, and they will try to make out with the improve- ments now being made on the existing structure.” “Well, you are not in Washington to have @ conference with the gold bugs, then?” asked one of the men. Why He Came Here. , I am here to see to the preparation of a publication authorized by Congress. This Is a compilation of all of the executive communications of the various Presidents, their messages, proclamations, vetoes, etc. ‘There is no such compilation in existence, and It will be a valuable work. The public printer says he will get it up in attractive shape. The compilation of the matter is quite an undertaking, however, and has kept me busy.” —___-e—____. BEFORE THE TRIAL BOARD. Trying Policeman Green for Shooting Reuben Foster. Acting Captain Vernon and Lieuts. Heff- ner and Swindells, members of the police trial board,took possession of Lieut. Kelly's police station this morning and remained in session all day to hear the cases of four policemen against whom charges had been brought. The most important case was that of Offi- cer A. W. Green, who was charged with vio- lating the rules of the department in the use of his revolver when he killed Reuben Foster in Hillsdale more than a month ago. More than a score of witnesses were sum- moned in the case, but it was late in the afternoon before the case was reached, and it is likely that all the witnesses cannot be heard today. Lawyer Moss defended the accused offi- cer, and made every effort to have the evidence confined to the actual shooting and the reasons therefor. He gave notice in advance that he would object to the taking of the eyidence con- cerning the complaints and indignation meetings. His examination of the wit- nesses had some bearing on the scene of the shooting, counsel endeavoring to satis- fy the members of the trial board that there were no innocent persons’ lives jeop- ardized, as the shooting was done on a lot where the fugitive Foster was the only one who could possibly have been shot. Policeman Carlsson of the first precinct and Policeman Peck were tried on charges of drinking and neglect of duty. The former was defended by Lawyer Moss, as was Policeman Bowie, who was charged with having been absent without leave. In the case of Officer Peck, a plea of not guilty was entered, and the officer called fully a dozen witnesses in his own behalf. Lieut. Gessford and Sergt. Jones were the only witnesses for the prosecution. Dr. Cannon, one of the police surgeons, was a witness for the defense. The trials were conducted behind closed doors and the public excluded, unlike the proceedings in cases of citizens who are arrested by the police and taken into court. eS THE MARINE BAND CONCERTS. Secretary Herbert Issues an Order to Resume Them June 1. Secretary Hertert tcday issued an order for the Marine Band to resume its usual open-air concerts in the grounds of the Presidcnt'’s House. beginnfng Saturday, June 1, and continuing each succeeding Saturday in June, July, August and Sep- tember. ‘The crder was issued at the sug- gestion of Col. Wilson, U.S.A., in charge of public buildings and’ grounds. ———_—__-e. THE DETAINED SPANISH CRUISER. No Protest Made Here by Minister de Lome. The Spanish minister has made no protest or other representations to the authoritles here concerning the detention of the Span- ish cruiser Infanta Isabella in Florida wat- ers. It is understood that Senor de Lome will avoid these minor sources of irritation as far as possible, trusting to the United States authorities to use every means avail- able to afford sultable protection to Spain, In this respect the conduct of affairs by the new minister promises to be different from the one preceding it, which viewed with suspicion the activities of the United States in affording Spain suitable protection. Ordered to Texas. Capt. I. W. Littell, assistant quartermas- ter, now at Fort Reno, Oklahoma, has been ordered to Fort Sam Houston, Texas, as post quartermaster, relieving Capt. E. S. Dudley. —EEEe A Day in the Country. ‘The President spent the day in the seclu- sion of his country home today, and_affairs were quiet at the White House. "~~~ Mr. Choate’s Arraignment of the In- come Tax Law. ANSWERING THE ATTORNEY GENERAL Why the Constitution Was the Result of Compromise. AN ABLE ARGUMENT The final argument in the income tax cases, delivered by Mr. Josephr H. Choate, was the attraction of the Supreme Court of the United States today, and the emineht ‘New York lawyer drew many more people to the Capitol to listen to his eloquence than the limited capacity of the court room could accommodate. There was a long line of waiting applicants for admission,stretch- ing from the outer door of the court to the retunda, when the justices filed into the bench on the stroke of 12. In the section of seats over at the left of the bench the ladies of-the Supreme Court circle made a bright patch of color against the white walls, and the semi-circular space allotted to members of the bar was crowded with prominent attorneys and half a dozen mem- bers of the last Congress. Before the argument had begun Attorney General Olney moved the admission to the Supreme Court bar of Mr. J. Walter Bland. ford, the private secretary to the Attorney General, and the clerk administered the oath to Mr. Blandford. me Attorney Shellabarger of the firm of Shellabarger & Wilson, which represented the appellant in the Moore case, asked for leave to deliver a brief oral argument in that case, after Mr. Choate’s plea, assert- ing that Mr. Moore’s attorneys had not made any oral presentation of his case be- fore a full bench, and thought they were entitled to that privilege. The request, howeve was refused. It apparently came as somewhat of a surprise to the court, and a brief consultation w held by the chief justice with his associ- ates, after which he told Mr. Shellabarger that it would be quite impossible for the court to grant the request. He added that the present hearing was being conducted upon a special order, and said it could not “be interfered with by giving attention to any other matter. He stated that leave had already been given to file briefs in the Moore case, that these would be consid- ered, but that the oral argument could not be heard. Mr. Choate then began the second install- ment of his argument with a brief reply to some of the suggestions of the Attorney General. Rentals aud Their Exemptions. He said that he had intended to restate the claims of the appellants on the ques- tion of real estate and direct taxes, but his time was too brief for that, and he would refer the court to the briefs on these points. He first took up for examination the ar- gument of the Attorney General, that if the decision in regard to rentals Was to stand there could be no limit of the time the exempticn should run. The Attorney General had pleaded that with such a ruling in force it might be impossible to ever tax the proceeds derived from rents, however they might be invested. Mr. Choate said in reply that it was sufficient that the law left no such question open The prcvision was for taxing rents at the moment of their receipt, and he, for one, should not be so foolhardy as to claim that wher the rent money should be reinvested it would not be subject to the originai ruling of the court in this case. He combated the suggestion of the At- torney General that the provision of the law is for the taxation of rents derived in a former year, saying that the Constitu- tion provides that no direct tax shall be levied except by apportionment. “You can't,” he said, “by shoving it back a year, reach it any better than at the mo- ment.” Mr. Choate declared that he did not see the difliculties which appeared to fall within the line of the Attorney General's vision in levying a tax by apportionment, but even if these difficulties did exist as claimed, it still remained that the consti- tutional compromise had pointed out this as the only method of levying direct taxes. No Effect on Government Resources. Taking up the plea of the Attorney Gen- eral that the decision already rendered as to the invalidity of income taxes on rents and bonds would cripple the resources of the government in times of great emer- gency, Mr. Choate contended that the facts cbtainable did not support this contention, and he proceeded to show that of the vast sum expended in the civil war a yery small proportion had been derived from the in- come tax, which was in operation at the time. He said that up to 1866 four thou- sand million dollars had been expended in carrying it on, and he believed that an equal sum had been spent on account of the war in paying expenses on other ac- counts traceabie to the war since its close, and yet only about $360,000,000 of this vast amount had been raised under the income tax, and of this sum he did not believe that to exceed two hundred millions had been received from the tax on rents and personal property. Mr. Choate also took issue with the At- terney General in the view that the land- hclders were disposed to shirk thelr share of the responsibility in times of peril to the country and said that while in the war of the rebellion the young men had gone fcrth to fight their country’s battles and shed their blood, the property owners had ccntributed their share for the support of the cause without stint. No such argu- ment was, he sald, worthy the considera- tion of the court. ‘Taxation in the Constitution. Taking up the thread of his affirmative argument Mr. Choate declared that the question of taxation had been one of the mst prominent in the minds of the fram- ers of the Constitution. The members of that body were the representatives of men who knew all about the question, for they had studied it here as their ancestors had in England under e Plantagenets, the Stuarts and the Tudors, Every one knew that the stamp tax had provoked the revo- lution and that {t had been the cause of maintaining it, Consequently the upper- most thought in their minds was to frame an instrument of government which would carefully guard the interests of the people in this respect. The conditions were such that but for the fact that a compromise was hit’ upon no constitution at all could have been adopted. This compromise resulted in the division of toxes into two classes, with a wide gulf between them. Direct taxes were on one ride and duties, excises and imposts on the other. No menticn was made of indirect texes, for the reason that it was not de- sired to leave any discretion to Congress. One class was to be collecied according to the system of uniformity, and the other by appertionment, which jatter system, Mr. Olney has told us, is effete. Evidently, he contended, the purpose was to so guard the levying of the taxes that the poorer and more populous sections eculd not lay the principal burden on-the richer and less populous. Reasons for Exemptions All Similar. Mr. Choate from this time forth proceed- ed upon the basis that the court had decid- ed that lands were to be free from direct taxes and that there was to be no difference for tax purposes between the body of the Jand and its proceeds. “He then entered upon the discussion of the undecided questions, contending that there were the same reasons for exempting incomes that existed for exempting bonds and real estate. This, he claimed, was necessarily and logically so. The first ae- cessity in this connection was to find some- thing that would be agreed upon as a sub- ject of direct taxes, and that was found in the body of real estate, and upon this the decisions of the court and the practice in the nation had been uniform since the days of the first direct tax.jin 1798. Colloquy With Justice Harlan. In discussing the nature of a direct tax Mr. Choate contended that there had never been a suggestion of difference between a tax on a body of real estate and the in- come from real estate in the matter of di- rectness. Further on Justice Harlan asked Mr. ~#| Choate if he meant by a general tax on personal property a tax on all personal property of every kind, “Not at all,” Mr. Choate replied; “be- cause I admit the right of exemption.” Justice Harlan—Does a tax law that Teaches only a part of personal property come under that heading?” Mr. Choate—“In New York there is a vast body of personal property, and the govern- ment levies on the general body of citizens, except inmates of tenement hcuses, nearly one-half of the population, yet I call that a general assessment, not excepting the exemption. It is a tax that cannot be shifted, and a tax that cannot be avoided. When the city of New York sends to me for so many hundred dollars for my per- sonal property how can I shift it on some one else or avoid it? “By turning my bonds, giving away my horses, refusing to accept anything of value from any source. But the question whether a tax on real estate can be shifted I will leave to political economists, with whom I have no relations and hope never to have relations.” Mr. Choate locked at the Attorney Gen- eral when he spoke of political economists, and there was laughter, a rare demonstra- tion in the Supreme Court. Congress Can Tax a Business. After reading from that part of the opin- ions of the court, recently delivered after the first hearing of the case, which dealt with taxes upon real estate as direet taxes, Mr. Choate asked what word, what sugges- tlon, what thoughts had be2n advanced that those opinions did not apply equally well to personal property. If the Consti- tution had said that Congress should not -levy any tax on bonds in the hands of the owner and Congress had levied a tax on any part of the bonds would not the court condemn the law? Justice Harlan asked if the counsel would call a tax on the income of bonds a direct tax that would have to be apportioned and upon receiving an affirmative reply asked if the same was true of a tax on banking. Mr. Choate answered: “That is a busi- ness and this court has ever and over again decijed that Congress can tax a business.” Then he dwelt upon the proposition that where the Constitution: prehibited a tax at all and Congress levied it, It must be restrained where it was permitted to ta’x only by apportionment and infringed upon that rule it must be restrained with equal firmness. He applied the ease of the com- pact of thirteen states to individuals and inquired if persons who: had made a bust- ness agreement not to levy upon the prop- erty of those concerned,:and proceeded to take the income from that property, would have any case before the court. In discussing the principle of stare de- cisis, which he defined as# the rule of stand- ing by a former decision whether right or wrong, he said that he was ‘constrained to believe that two of the justices had only consented to the former. ions in defer- ence to that principle, “Your honors are sworn to obey the Constitution as the primal law.”” “Every act of Congress stands in the light of it, or must fall. Must not every decision of this court that ‘s found to be in conflict with the Constitution by the light of the latest evidence and the most complete information also fall? If not, your honors are placing this court above the concurrent branch of government, en- forcing a rule upon Congress that you will not apply to yourselves.” An Interesting Point. He admitted that there might be cases in which property had been acquired and held under erroneous decisions thft had been accepted by common consent, and where it might be best to let the error stand, but the case under consideration was one where the rights of no man would be adversely affected by correcting the error. Thereupon Justice Brown inquired: “Sup- pose Congress had acted for one hundred years on the faith of a decision by this court, is not that sufficient foundation for obedience to the rule of stare decisis?” “It is not,” Mr. Choate answered, “and I am going to show that there is no founda- tion for that rule. Taxes Direct and Indirect. He argued that no tax could be of both kinds, both direct and indirect, as he in- terpreted the argument of the government to hold, but that both a direct and indirect tax could be levied on the same property. Because Congress had for a century limited a direct tax to real estate, it did not be- come law that a tax on personalty was not a direct tax. If Congress had a choice between the two and for reasons of economy saw fit to levy on real estate only It coull not be thought to have relinquished its right to levy on personal property. Suppose the argument were made that because ‘he }capitation tax had become effete the right to levy a capitation tax was abandoned. Because Congress laid a direct tax on real estate in 1798, when it was thought the French were coming, was it estopped from levying on personal property 812, when the British came? Mr. Choate concluded. his argument at 2 o'clock, and the court adjourned until Mon- day next. 3s MR. CHOATE’S COMMENCEMENT. Proceedings in the Court—The Second Afternoon of the Hearing. The arguments on the income tax ques- tion before the Supreme Court proceeded yesterday afternoon until after 4 o'clock, and’ then, AttomM@ey General Olney having concluded and Mr. Choate having begun his closing speech, the court adjourned. Mr. Olney’s most significant point, after ‘The Star’s report had closed, was a quota- tion of Senator Sherman in resisting, in 1870, the repeal of the then enforced in- come tax. He said: “When I quote Senator Sher- man, I cite one who fs possibly as much of a statesman as any counsel who has addressed the court in this gase and who, even when found defending the principle of an income tax, no one will venture to char- acterize as a populist or a communist or a Jacobin or an anarchist.” Mr. Choate in his argument said that as far as practicable he would take up the question where it had beem left by the former decision. He did not intend to sur- render any advantage gained by the former decision and would regard it as settled and fixed that incomes from municipal and state bonds could not be taxed. Mr. Choate ridiculed the position of the government that a taxon rents was not a tax on land. The decision already render- ed met this objection completely. Accord- ing to the arguments of the opposition, the law provided for a levy upon anything and everything as upon mouey in hand, with the result that all incomes would be s0 jumbled together that one source could not be separated from another. He made humorous reference to Mr, Whitney's his- torical researches, which had been ex- pressed in a pamphlet. Mr. Choate had been talking about half an hour when the court adjourned. ij —___-e+___. Sent to Arizona. Capt. Richard W. Johnson, assistant sur- geon, has been relieved from duty at Wash- ington barracks, District of Columbia, and ordered to duty at Fort Huachuca, Arizona territory, relieving Major T. E. Wilcox, surgeon, who is ordered to duty at Fort Schuyler, N. ¥. AGAIN ALEXOW TASK |THE BOND SYNDICATE/THE INCOME TAX Proposed Investigation of Philadel- phia Affairs, MANY CHARGES OF CORRUPTION Councilmen Said to Have Been Unduly Influenced. FRANCHISES GIVEN AWAY HARRISBURG, Pa., May 8—The Pen- rose resolution, providing for an investi- gation by a Senate committee of five of the municipal affairs of Philadelphia, pass- ed the senate this morning, with orly one dissenting vote, that of Senator Osbourns. ‘The resolution was reported from the judiciary general committee by Senator Grady, with a recommenda‘ion that it be adopted by the senate as committed: A viva voce vote was taken on the resoluticn and it was adopted without debate. The Penrose resolution was brought about through a petition of the Citizens’ Municipal League of Philadelphia, in which it was alleged that “powerful combina- tions can and do influence the members of the select and common councils cf this city, control and direct the legislative ac- tion’ of said councils and obtain from the city the grant by ordinances of valuable franchises and privileges without adequate compensation therefor and without such proper regulation of the exercise thereof as is needed for the protection of the city and of its citizens.” E ‘The petition further charges that “con- tracts for all kinds of public work, and in some instances of vast public importance, are, under the existing methods of adminis- tration, too often secured by contractors who seem to have a monopoly of the busi- ness; changes in such contracts and speci- fications, therefore, are frequently made after the contract Is awarded.” The committee which was appointed is Senators Thomas, Andrews, Kennedy, Mc- Carrell, Hackenburg and Grady. The entire committee is composed of republicans owing to the fact that the democrats do not repre- sent one-sixth of the membership of the senate. —_—.__ MAYOR STRONG APPROVES. Why He Favors the Bi-Partisan Police Bil. ALBANY, N. Y., May 8.—The bill for the reorganization of the police department of New York city reached the senate today with the certificates of Mayor Strong’s ap- proval attached. In transmitting the bill the mayor says that it is accepted by the city of New York in spite of the serious objections that have been urged against it. The principal reason which influenced its acceptance js given cs follows: “There is unquestionably an almost uni- versal and sincere belief among the peo- ple of the state outside of this city, as well as on the part of a large number of our own citizens, that the political party usually in the minority here ought to have @ representative In the police board, be- cause that board has so great power of control over elections, and the fair exer- cise of that power is necessary to prevent the votes of the people in all parts of the state for President and governor from be- ing nullified by fraud or intimidation here.” ——— SINGULAR CAUSE OF WRECK. Air Irakes Put on Too Suddenly by the Engineer. CELINA, Ohio, May 8.—The eastbound freight, No. 124, on the Lake Erie and Western was wrecked one mile west of this city at 10 o'clock last night. Ten cars Were smashed Into splinters. Ote Bieriey of St. Mary's, Ohio, and Peter Finch of Portland, Ind., were instantly killed. Geo. Anderson of St. Mary’s and William Depew of Portland, Ind., were seriously injured, Anderson probably fatally. These parties Were ail stealing rides. ‘The wreck was caused by the engineer suddenly putting on alr brakes while com- ing down a steep grade and lifting an oil tank car clear off the track. The car turned and fell across the track and the next nine cars were thrown in all direc- tions. Two others were stealing their way on the same cars, but escaped. ——_—$§_ TRAPPED TO DEATH. Senrotional Statements Regarding the Louisville Tragedy. LOUISVILLE, Ky., May 8—The Courier- Journal today prints the following: ‘he sensation attending the Gordon dou- ble killing is not over yet, by half. The prosecution today Will attempt to prove that Arch Dixon Brown’s death was due to a plot to assassinate him; a trap, as the prosecution believes, forced and planned by one who, for reasons best known to him- self, was afraid to do the work, and used Gordon as the tool to carry out his de- sign. These statements come directly from the prosecution. The attorney engaged to prosecute the case says: “Governor Brown 1s now firmly con- vinced that a well planned trap was laid for his son, and that his son was selected for tho sacrifice out of a large number of like offenders, and that information was furnished of his coming by some one in Frankfort to another man in Louisville, ive, advised and actively ernor Brown considers a foul assassination. “In ‘regard to the others who were like offenders with Arch Brown, I will say, for the sake of Mrs. Gordon's relatives, who are all excellent people and highly es- teemed by Governor Brown and his coun- sel, that the governor would shrink from any attack upon her character, but would prefer to throw the veil of charity over all her acts, especially as she {fs dead. The future will determine whether it will be necessary to further blacken the character of Mrs. Gordon in order to show the de- fendant’s thorough knowledge of it.” NEXT YEAR’S ISSUE. Taubencck Says That It Will Be Gold or Silver. CHICAGO, May 8—A special to the Record from Indianapolis says: “The pop- ulists of Indiana under instructions from Chairman Taubeneck of the national com- mittee are now maneuvering for a unlon with the free silver wing of the demo- cratic party. One of the populist leaders said a union of the populists with the free silver men in both the old parties Is inevitable. “We think we see the breaking up of old political parties,” said he. The con- test next-year will be between the gold men on one side and the silver men on the other. The contest will be one in which the south and west will be arrayed against the east. The battle ground will be in In- Giana, Illinois, Iowa and Minnesota. If the south and west stand together for free silver they will win.” “Do the populists stand ready to unite with the democratic silver party?” “Yes. If the party should win it would be a victory for the populists. It is im- material under what name we win. The free coinage of silver Is the central doc- trine of the populists, and we are ready to make any sort of a union if we can ac- complish our object.” Treasury Officials Are Satisfied With Its Compliance With the Contract, Its Deposits All Right and Also Its Control of the Market to Pro- tect Treasury Gold. Today closes the third month under the bond contract with the Morgan-Belmont syndicate of New York, and up to this time all of the terms of the contract have been complied with to the satisfaction of the treasury officiais. On February 8 last, the date of the contract, the gold reserve in the treasury amounted to $42,783,060, which has since beer increased to $02,001,- 579, the amount reported today, making the net gain for the three months $49,808,519. Yesterday the syndicate deposited in the New York subtreasury about $910,000, which completes its obligation to date, but does not, so far as can be learned, leave any surplus to their contract. The $32,000,- 000 in domestic gold permitted to be de- posited under the coniract has long eince been turned in, but whether all of the $16,500,000 of foreign gold required to date by the terms of the contract has actually been fmported cannot be learned here. It is believed, though, that it has not been imported. It is assumed that the syndicate will be deemed to have complied with its contract if it is found at the close of the deal on Octcber 1 next ,to have on deposit the $32,000,000 in foreign yold, independent of the fact that they may have used do- mestic gold from time to time, and not have made the adjustment requiring half of the gold to be domestic ard half for- eign until the last moment. What Treasury Officinis Say. The treasury officials say that they have no information as to whether the syndicate is buying goid in the west or not, but they are unable to see how the syndicate could meet its contract obligdtionecwithout buy- ing gold whenever and wherever it could. Not the least important feature of their contract with the government was its agreement to protect the treasury, so far as it was able, from go!d withdrawals for export, and at this time, with sterling ex- charge at its present high rate, this is no light obligation, and it is more than prob- able that the syndicate has been compelled to make heavy purchases of gold in the west, possibly at a slight premium, in order to cover its foreign bills. That large pur- chases are making is evidenced by the fact that one or more of the large refineries which heretofore have sold their product at the Denver assay office ceased making their deliveries there some weeks ago, and the assumption is that it is being sold in New York at figures slightly in advance of the price paid at the Denver mint. Thus far the officials are entirely satisfied, they say, with the manner in which the syndi- cate is carrying out its contract, both as to its deposits and its control of the market so as to protect tha treasury gold from export. ; ————-o+—__ THE CASTINE AT MOZAMBIQUE. Her Commander to Look Into Consul Hollis’ Case. The U. 8. 8. Castine arrived dt Mozdm= bique from Zanzibar this morning. Her commander is under instructions to look into the case of United States Consul Hol- lis, who is held technically under arrest by the Portuguese authorities at Mozam- bique, pending the disposition of the appeal in his case from the decision of the lower court, justifying his shooting of a native. The purpose Of the naval commander is to secure speedy ae this appeal mo- "tion, so that the coi i may be released from even technical arrest. When that mission is concluded, the Castine will go over to Madagascar to look after the in- terests of Americans who hold conces- sions from the Hovas government, and those who are oceupied in trade, now con- siderably disturbed by the conflict Ir pro- gress between the French and the Hovas. —— THE NICARAGUAN UPRISING. It Was of Brief Duration, According to Dr. Guzman’s Advices, The reported uprising in Nicaragua, as a result of the Corinto incident, appears to have been of brief duration, according to advices received by Dr. Guzman, the Nica- raguen min’ster. A dispatch from his gov- ernment informs him that there is quiet throughout the country. The departure of the British fleet and the salute given to the Nicaraguan flag are regarded as the steps which have restored tranquillity. No further internal discord is expected. 2 +—_____ ALL FIVE IMPROVING. Encouraging Reports Come From the Sick Beds of Eminent Men, Secretary Gresham continues to improve steadily. He takes food in sufficient quan- titles, secures considerable sleep and the pleuratic attack, while still the source cf some constant pain, is running its course naturally and satisfactorily. Representative Hitt’s condition is more encouraging. He was a little better this morning and appears to be gaining slow}; Rear Admiral Aimy, retired, was very low last night, but it was reported that he was holding his own this morning. Gen. Pleasonton and Representative Cogswell are reported better. —_+-2+_____ Naval Retirement and Promotion. Commodore E. BE. Potter, the ranking ofcer of his grade, will be retired tomor- row by operation of law on account of age. He has been in command of the nayal asylum at Philadelphia for some time. Capt. John C. Watson relieved him of that duty today. Commodore Potter's retire- ment will result in the following promo- tions in the line: Capt. F. V. McNair, to be commodore; Commander W. B. Hoff, to te captain; Liett. Commander H. N. Man- ney, to be commander; Lieut. J. W. Car- lin, to be lieutenant commander; Lieut. (junior grade) H. 8. Chase, to be lieuten- ant; Ensign C. 8. Williams, to be Meutenant (unior grade). ——____ Personal Mention. Secretary Lamont has gone to New York, and Gen. Doe is acting secretary of war. Mr. Nathaniel McKay has gone to Hot Springs, Va., to recover from an attack of rheumatism. Mr. Clarence C.Waring has returned from Columbus, Ohio, where he was called by the death of his mother. Capt. George S. Dodd, third cavalry, is in the city on official business. Lieut. Commander F. M. Wise of the Es- sex-is in the city under orders. ° Local Patents. ‘The following local patents have been is- sued: Frank L. Dyer, Washington, assignor to W. F. Jobbins and J. Van Ruymke, Chi- cago, device for preparing steam for in- dustrial purposes; French L. Floyd, Wash- ington, box for postage stamps; Costello N. Halford, Washington, caisson for ships; Arthur M. Phelps, Seabrook, Md., assignor of one-half to C. Rowland, Washington, D. C.? musical instrument; William X.Stevens, Washington, wheel. Government Receipis. National bank notes recelved today for redemption, $238,604. Governm om internal revenue, $3 293; miscellaneous, $53,609. Treasury Officials Apprehensive of the Supreme Court Decision, THINK MR, JACKSON'S OPINION ADVERSE Talk of an Officer of the Internal Revenue Bureau. EMBARRASSING RESULT One of the prominent officers of the in- ternal revenue bureau this morning said this: “It is a fect that the internal revenue bureau is apprehensive as to the result of the decision of the United States Supreme Court in the income tax case. The appre- hension is tMat the decision may destroy, the law.There is very strong belief,amount- ing almost to a conviction, that Justice Jackson 1s a democrat of the school of Justice Field, and that he will agree with the latter as to the main principles of the law. The only result of that could be that the law as an entirety would be declared unconstitutioral. There is much in the record of Justice Jackson and in his known legal tendencies to warrant the conclusion that he may take exactly the ground which Justice Field laid down in his opinion. AN Ol4-Line Whig. “Justice Jackson is an o}d line whig. He is nominally a democrat, but he does not owe his place to the democratic party. He was appointed by a republican President and was confirmed by republican votes. It is known, moreover, that he was particu-_ larly called to the notice of President Har- rison by Senator George F. Hoar of Massa- chusetts, who had become a very close friend of Mr. Jackson when he was a mem- ber of the Senate, and who knew perfectly, weil what the bent of his mind was. 3 ‘Senator Hour was criticised a good deal by his republican associates for having recomme:ced a democrat to a position on the United States Supreme bench. Sena- tor Hoar is a strict party man. At the time that Justice Jackson was appointed to the bench the Senate was close, and no democrat who was opposed by any con- siderable number of republican Senators could have been confirmed. It is known that Senator Hoar secured the confirma- tion of Justice Jackson by the specific and emphatic statement that he was ‘right’ on all of the constitutional amendments and all of the war issues; that, in fact, the republican party, if any question should come up in the United States Supreme Court which might involve the contro- verted questions of ‘the war, might confi- dently rely upon Justice Jackson, although @ southern man, to decide in accordance with the northern view of the constitu- tional amendments and all vital questions which result from the war. No Reference to the Income Tax. “This, of course, had no special reference to the income tax, which was not thén an issue, and wikigk.could not be considered as being in any way involved in the issues of the war. It is to be noticed that Mr. Choate, in the remarkable argument which is noyy proceeding in the Supreme Court, referred to the republican support of the income tax, or to any other subject, except tion of patriotism, which had no relation to the constitutional question as to thd income tax, or to any other object, except the prosecution of the war. Indeed, Mr. Choate said that at that time the men wko paid the income tax, whatever the pec centage may have been, would gladly, for the most part, have paid the rest of the 100 per cent, if it had been necessary to successfully proseeute the war. “The income tax of that day, as Mr. Choate showed, could not in any sense be compared to the present situation. Thag was not a time when the question of con- stitutionality was giving the men who then secured the control of the government any concern. It was altogether the ques- tion of a war measure, and it mattered lit- tle to the men in the north, who were in favor of the prosecution of the war, in What form their patriotic contributions were made. But the situation is very dif- ferent now, in a time of profound peace. The men who, undoubtedly, if a war were imminent, would raise no question as to the best means of supporting the govern- ment, are now determined in their purpose to fight the income tax to the last resort. They do not believe in it. They regard it as populistic or communistic in principle. They consider that it is a part of a policy which is aimed at the very existence of republican institutions, and they will con- test it to the court of last resort in eve! detail, not because of the money involved: but on account of what they consider the principle. Feeling of Treasury Pcople. <I have said that the treasury people fear that Justice Jackson may decide against the constitutionality of the law. The statement should be modified. It is true that such an apprehension prevails, but it is not eorrect to use the word ap- prehension. I am satisfied that the treas- ury would prefer to have the income tax law overthrown altogether rather than have it declared to be in foree in the form in which it wag left by the Supreme Court before it was decided to grant a rehearing. In the modified form in which the law was left by that decision the internal revenue bureau would not be likely to col- lect any considerable amount of revenue, yet the labor and expense and perplexity of the bureau would be as great as if the law had been declared to be effective in all its parts. “I do not believe that the emasculated jaw, as left by the first decision, would yield the treasury more than seven million deilars. It is a fact that the decision has kad the effect to prevent the internal rey- €nue bureau from receiving more than & fractional part of the returns that were ex- pected. There is no question that in the great city of New York, the center of the corporations of the country, not more than 25 per cent of the corporations have made their returns. We are informed that it Is the purpose of these corporations, even if the income tax law as a wh now be decided to be uncons' |, to contest the income tax law at every stage. An Embarrassing Result. , “The result will be very embarrassing to the treasury, and will give infinite annoy- ance to the internal revenue bureau. Per- plexing questions of all sorts are certain to be submitted. Contests are expected in ev- ery judicial circuit. If the law shall be left as it Is, a decision adverse to it in one cir- cuit, on any néw case, will be fatal. It will entirely block the internal revenue bureau from a successful collection of the tax. An adverse decision in one circuit will be ac- cepted as a precedent in all other circuits so far as the great taxpayers are concerned. ‘The result will be that the treasury will have all the exponse of litigation and col- lection which could result if the law were to be fully enforced, while the receipts will be insignificant. As a matter of fact, It will be better for the government to have the law declared altogether unconstitu- tional than to have it left as it Is.” —_—_-2.___ Naynl Movements. ‘The cruiser Cincinnati has left Key West for Hampton Roads, The Montgomery left Mobile yesterday with the Nicaraguan canal commission for Greytown. The The- tis arrived at San Frane'sco today from a surveying expedition to Mexico. The Cas- tine has arrived at Mozambique on her way to Madagascar.