Evening Star Newspaper, May 20, 1895, Page 1

THE EVENING STAR. PUBLISHED DAILY EXCEPT SUNDAY AT THE STAR BUiLDINGS, 1101 Pennsylvania Avenue, Cor, 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN Pres't. cna : New York Office, 49 Potter Building, Se eee The Evening Star is served to subscribers In the dity by carriers, on thelr own account, at 10 cents per week. or 44 cents month. Copies at the ccunter 2 cents each. By maij—answhere in the United aoe or Canada— posta; prepaid—SO cents per mon Saturday Quintupte Sheet Star, $1 per year, with Cedterta at the Post Otiee at Wash D. ered at the Post Office a . Coe 4s secont-class mall matter.) Beasts EF AN mail subscriptions must be paid tn advance. Rates of vdvertising made known on application, Che Even No. 13,169. WASHINGTON, D.C., MONDAY, MAY 20, 1895-TWELVE PAGES. _ Ehe proof of He pudding is in t6¢ eating. p's: Star contained 54 cofumns Of advertisements, made of 1,092 separate announcez ments. hese advertisers Tt Had Also an Important Bus‘ness Consideration. THE FOREIGN AFFAIRS CHAIRMANSHIP Who Can Take Mr. Hitt’s Place If He Remains lil? QUESTIONS FOR CONGRES n Friends of Representative Hitt are as- signing a double reason for the late flying visit to Washington of ex-Speaker Reed. Of course Mr. Reed entertains a strong personal friendship for Mr. Hitt, and that alone would have been enough to have caused him to run over to the capital from New York to inquire regarding the condi- tion of the sick man. A Business Consideration. But there was a business consideration of the utmost importance to the country at large and to’ the republican party in par- ticular, that figured in this visit. In the reorganization of the House of Represen- tatives Mr. Reed regards Mr. Hitt as a weighty element. The feeling is unanimous throughout the republican party that there is no man elected to the Fifty-fourth Con- gress so well qualified to take the chair- manship of the committee on foreign af- fairs as Mr. Hitt. Members of Congress do not stop at so mild a statement of the case as this. They regard Mr. Hitt as the only man with information on foreign af- fairs thorough enough and with diplo- matic accomplishments sullicient to take the leadership in that important commit- ee without long and careful study of the questions now pending and likeiy to weigh seriously on the next Congress. The One Man for Foreign. Affairs. There are a dozen men who would make sood chairmen cf either the appropriations or the ways and means committee, because the nature of the case makes the questions vefore th latter commi! ‘S more con- stantly under discussion than are the affairs connected with the foreign affairs of the governmeat. Mr. Hitt has served with great credit in the State Department, where he has learned a thousand things regarding diplomatic matters that do not cme to the atiention of the average mem- ter who understands politics better than diplomacy. He is an accomplished French student, and speaks several uther languages fuently. He has made a habit of reading of the official acts of the leading nati of the world in the vernacular of each sountry. He has proven himself to be not only a close student of international affairs, but by nature he is well fitted to negotiate such matters. He is thoroughly American, and believes in a vigorous though conservative foreign policy, and especially in the strict maintenarce of the Menroe doctrine. Other Members on the Committee. The question now being discussed is, “Where else can the Speaker of the next House find such a man as Mr. Hitt, to whom the affairs of the committee on for- | eign affairs can be trusted?” The general feeling is that there is no one. In view of this condition, Mr. Reed is placed in a _po- sition that causes him much concern. Next to Mr. Hitt Representative Harmer of Pennsylvania is the senior member of the committe2, and the only other “hold-over”’ republican member is Representative Draper. Mr. Harmer is generally regarded as a good, conservative republican, who can be counted to vote on the right side of questions affecting the welfare of the United but his long service in the House of tepresentatives has undoubtedly figured largely in his acquisition of so important a position. He is not regarded as possessing all the elements that the chairman of the committee for foreign affairs should have. Representative Draper is next to the last member of the committee. He is a manufacturer, is not a lawyer, and has never been known as an authority on international affairs. Representatives Storer, Blair and Van Voorhis, who made up the remainder of the complement of the committee during th2 last Congress, have ali been assigned to private life. Neither Mr. Blair nor Mr. Van Voorhis would have been an ideal chairman of the committee, while Mr. Storer, although a young mem- ber, would have been a very strong candi- date for the place had not the republicans of cinnati formed a combination which left him in the cold, and caused him to lose a renomination. Mr. Reed and Mr. Storer were warm personal friends and the latter was ambitious and worked hard to fit him- self for important duties on the committee on foreign affairs, and would have had a splendid chance for success as an alterna- tive to Mr. Hitt, had he remained in the House. The Most Important Committee. The business part of Mr. Reed’s visit to Representative Hitt’s bedside was to learn whether the invalid would likely recover in time to so recuperate his health that by the first Monday in December he could de- vote long hours daily to the study of ques- tions before his committee. Of all the committees of the House of Representa- tives that on foreign affairs is regarded as likely to prove the most important during the next Congress. The work of the com- mittees on ways and means and on appro- priations is old straw that has been thresh- ed over time and again, and will require chiefly application. No radical change in the work of the committee on appropria- tions is regarded as probable, while the tariff is not likely to be taken up by the Ways and means committee. Mr. Reed's own declarations since the adjournment of Congress have been such as to show that these are his own views on the tariff. The Great Question to Come Up. The great question, it fs very generally believed that will come before Congress, will be the maintenance of the Monroe doc- trine, and most decisive measures are likely to be necessary in order to teach otker nations that the United States means that they shall not introduce their systems of government on the American continent. The Hawaiian, Samoan, Nicaraguan and Venezuelan complications are among the knotty questions likely to come up to call for an enforcement of this principle. The problem before Mr. Reed is “Who is to he chairman of the committee on for- eign affairs, in case Mr. Hitt has not ri coverec sufficiently to take the helm The best solution he can find for this prob- lem is to intimate to some member that in case Mr. Hitt cannot take hoid actively as chairman in December he is to be pre- paved fer such duty. Such member would he expected to begin actively to study up the foreigr. business relations of this gov- ernment, to thoroughly post himself on:all questions of international law which are likely to be called up, and in every way be fitted for his duties, so that the party and the country may not suffer from in- efficient work on that ccmmittee. How Mr. Reed was impressed by his visit to the sick chamber of Mr. Hitt is not known, but every one concedes that the Illionis member is a very ill man. ad Snap Shots at the President. President and Mrs. Cleveland drove down from Woodley today and arrived at the White House about 10:30, As they drove up to the front entrance a photographer with a kodak camera from one of the up- ber windows took a snap shot at them. After Mrs. Cleveland had entered the White House the President stood for a moment talking with the coachman about the horses, and the man with the camera obtained another picture of him. Snap shots at the President and his wife have heretofore been discouraged at the White House. Ho Will Comp'ete the Revision of the Army Regulations. What He Says About This Work, for Which He Has Been Specially Detaited. Maj. Gen. Thos. H. Ruger, who has just been relieved of command of the depart- ment of the Missouri, at Chicago, by Maj. Gen. Merritt, reported at the War Depart- ment this morning for special duty under orders issued at the time of the recent shifting of commands consequent upon the assignments of Brig. Gens. Bliss and Cop- pinger. He is accompanied by Mrs. Ruger and Miss Ruger and has apartments at the Shoreham. He is also accompanied by Capt. S. C. Mills, twelfth infantry, and Lieut. Chas. G. Lyman, third cavalry, aids- de-cump, and by Capt. Chas. B. Hall, nine- teenth infantry. The last named officer is specially detailed to duty under Gen. Ruger in the revision of the drill regula- tions of the army, a work assigned to Gen. Ruger, and the completion of which is given as a reason for his assignment to duty at Washington, where he can have the ad- vantage of frequent necessary conferences with the leading military authorities spe- clally interested in the subject. The Work of Revision. “The present drill regulations,” says Gen. Ruger, “are the work of boards which completed their work three years ago. ‘They were given two years’ experimental use, and each regimental commander was given orders to note the drills of his regi- ment and make report on the regulations governing his arm of the service. All of these reports have been made, and, acting on the suggestions made by the colonels, we are revising the different regulations. We have found many defects in several things, and are changing the tactics gov- erning the use of the small arm, the old regulations being written to cover the use of the Springfield rifle. The new small arm is so different from the old that many of the moves are choily impracticabl=. Then we are revising the regulations to keep abreast of the times and other countries who have boards now engaged in similar werk. I expect to be engaged in the work of revision, and I find so much to do that I will hardly have time for anything else.” Gen. Ruger and his staff are temporarily occupyirg Gen. Schofield’s offices at the War Department until permanent quarters can be secured. ° ADMIRAL MEADE RETIRED. The President Administers a Rebuke in Approving His Application. The President today placed Admiral Meade on the retired list of the navy, and in so doing took occasion to reprimand him for recent conduct. a THE QUESTION OF REVENUE. What Postmaster General Wilson Says of the Decision. “That was as I expected, said Post- master General Wilson, when the news of the decision was carried to him by a Star reporter. ‘‘Well, itis not so serious as the general view of it seems to make it. If trade revives and continues to improve as it has of late there will be revenue enough. The tariff is yielding now at the rate of $160,000,000 a year, and there is a good pros- pect of an increasing aggregate of internal revenue. It is an item seldom thought of that the large amount of whisky taken out of bond between the beginning of the fiscal year—July 1, 1894—and August 28, when the new tariff went into effect, is about ex- hauste/. “From now on increasingly, larger amounts of whisky must be taken out un- der the n€w tux, which adds 20 cents of revenue from every gallon—$1.10 {s the present tax per gallon—and this increase will amount to over $15,000,000 a year. Tak- en with the increase of revenue from cu: toms duties the new tax on whisky will make up the deficit. This month, you see, the internal revenue collections are $6,000, 000 and tariff about $7,C00,000, while we raid out over $10,000,000 for pensions. I think times are improving aad the govern- ment will have all necessary revenue and the deficit will soon be a thing of the past.” ee ENTERED ON HIS DUTIES. Brig. Gen. Craighill Now Actively Chief of Engineers. Brigadier General Craighill entered active- ly upon the discharge of his new duties as chief of engineers today, after a week’s absence in Baltimore, closing up his affairs in connection with river and harbor works in that district. Several important changes in the engi- neer corps are looked for in the immediate future, as soon as General Craighill shall have had an opportunity to consult with the Secretary of War on the subject. Major Henry M. Adams, who was Gen- eral Casey's chief assistant for the past seven years, will probably be relieved of further duty at the War Department. eS NEARLY EXHAUSTED. The Appropriations for United States Courts for the Current Year. The appropriations for United States courts for the current fiscal year are nearly exhausted, and several of the courts have been compelled to suspend business. The Attorney General says that there is no means of relieving the situation. The cur- rent appropriation for witness fees and pay of bailiffs is exhausted and none of the other judicial appropriations can be drawn upon to meet the emergency. i +e +____ A Court-Martial Ordered. A general court-martial has been ordered to meet at Fort Douglas, Utah territory, cen the 2th instant, for the trial of such prisoners as may be ordered before it. Lieutenant Colonel E. M. Coates, sixteenth infantry, is president, and First Lieutenant P. D. Lochridge, second cavalry, is the judge advocate of the court. a oS Civil Service Commissioner Harlow. Mr. Harlow of Misscuri, who succeeds Mr. Lyman on the civil service commis- sion, has notified the President of his ac- ceptance of the appointment. He says he will report for duty in this city this week. Statement by an Illinois Free Coin- age Leader. CALLING OF THE COMING CONVENTION To Prevent Democrats From Leav- ing the Party. ————— MR. HINRICHSEN TALKS Spectal from a Staff Correspondent. SPRINGFIELD, I. story of the preseat silver movement in Il- linois, told by the politician who has en- gineered it. It is a plain tale, delightfully frank, and the audacity of the polit- ical move is openly avowed. The purpose which was intended to be accom- plished is confidently expected to be real- ized, and there is utter indifference to the collateral effects. The politicians have con- jured with a mighty fetich, and the power they invoked is already sweeping beyond their control. Here is the story of a handful of men in control of the democratic machinery of Il- linois, who have staken advantage of the existence of a latent sentiment for free silver to arouse that feeling into activity, mark it with the tag of democracy and send it forth to work a political end for themselves. Of the hosts of Iiinois demo- crats, the plain people of the land, who sincerely believe in silver coinage and honestly think their present action is a bona fide effort in behalf of the remoneti- zation of that metal, no criticism can be made. Whet these trusting people are being utilized by skillful politicians for another purpose than the one they have in mind remains to be shown by events of the futcre. That the arousing of the free silver storm in Illinois originated in the state house in Springtield is admitted. But for the action of the little group of politicians in using the machinery of the party to open the question by calling the free silver conven- tion, the believers in silver coinage would still be nursing their opinions and waiting and watching for silver to have its innings in the regular course of proceedings. William H. Hinrichsen, secretary of state, chairman of the state central committee, the right-hand man of Gov. Altgeld and lieutenant of the Altgeld democracy of the state, is the man who engineered the light- ing of the free silver prairie fire. He had nothing to do with the preparation of the material for the conflagration. That has been at hand for the last two years; but it was he who laid the firebrand and worked the bellows to fan it into flame. Mr. Hin- richsen’s opponents concede him to be one of the sharpest politicians in the state. The way in which he worked the state central mittee to his purpose was eloquent demon- stration of the fact. To Keep Demoernts in Line. “The object in calling the convention and starting the movement,” said Mr. Hinrich- sen to the writer, “was three-fold and born of a political necessity. First, to prevent the democrats of this state from going bod- ily into the new silver party now being formed in the west; second, to educate the People upon the silver question before the elections; third, to put life into the party and prevent its dissolution before the charge of national democratic incompe- tency. It was evident that the democracy of this state would be absoluteiy paralyzed unless something were done to arouse them. “Last January I wrote to more than 1,000 active democrats in the state. asking for their explanation of the apparent demoral- ization of the democratic party in Illinois. The men addressed were selected for their knowledge of practical politics and actual conditions. The answers showed the trouble to be due to the inability of the democratic Congress to agree on a financial policy; to the efforts to inaugurate the Car- lisle currency scheme to head off silver, and to the bond issues of the administration and the leaning of the President toward a gold standard and away from the principles of democratic bimetallism. “The people felt they had been deceived in their representati’ Ulinois* democrats have been for tree silver for years. When the Sherman act was repealed and nothing was done for silver the democrats saw that silver’s case was hopeless under existing conditions. We are convinced that Mr. Cleveland a monometallist, and that those ,pcliticians who advocate waiting for an international agreement and bimetal- lism are merely playing the people. Calling the Convention, “After getting the returns from the state upon the condition of feeling among our people, it was determined to take action. The state central committee was called in session here. The proposition for assem- bling a free silver convention, in order that the democracy may go squarely upon record, was presented. There were twenty- cre delegates and proxies present. The vote upon calling the convention was sev- enteen ayes, three noes and one not voting. The call was then issued, and was received with delight. “There will be 1,076 delegates to the con- vention. Of this number one-half have al- ready becn chosen. Of those chosen 98 per cent are for free coinage. Three counties have refused to call primaries, and in each case the county committee was composed cf federal officeholders, but there will be mass meetings in those counties and dele-’ gates sent by popuiar vote. When the con- vention assembles there will not be 5 per cent of anti-silver votes in it. “The convention will adopt a resolution declaring that we demand the free and unlimited coinage of silver and gold at a ratio of 16 to 1, without waiting for per- mission or action of any foreign govern- ment. An attempt will be made not to commit the convention to a fixed rato, but the effort will he voted down over- whelmingly. It would be useless to ad- journ without fixing a ratio and there will be no equivocation upon this point. Rebuilding the Party. “The action of this convention will be the virtual reorganization of the demo- cratic party in Illinois. Following the be- hests of the convention the party will be rebuilt from the township organization up, and after this it will be impossible for the politicians to deviate from the plain com- mands of the people. It ts possible that we may lose some democratic votes, but if so, we will gain more than we lose. The republicans will straddle the question as usual. There are free silver republicans in this state who would not hesitate to vote a free silver democratic ticket, be- cause they would think they were voting for national and personal prosperity, and under such a condition party would be forgotten. “It has been charged that personal am- bition actuates those who are at the head of this movement; that I want to be gov- ernor, and that Mr. Altgeld wants to be a Senator. It is easy enough to make a charge like that; it is a mere matter of assertion. This movement is a matter of principle and the result of an honest and sincere wish to promote the prosperity of the people and the weifare of the demo- cratic party of Hlinois. ‘(he democrats of this state are grounded root atid branch in the belief that prosperity will not come permanently until the mints of the coun- try are open equally to the coinage of sil- ver and gold. There are ninety democrats in this legislatureyand eighty-ilve of them are for free silver. There are 119 republi- cans and thirty-four are for free silver. It must not be supposed that the silver peo- ple of this state are fiat money men, for greenbackers are flatists, and they are op- posing the silver movement.” An Authoritative Statement. The foregoing remarks of Mr. Hinrichsen may be accepted by the readers of The Star as an authoritative statement of the plans and purposes of the free silver democrats of Iilifois who will control the action of the convention to meet here June 5. The Altgeld faction is in absolute control of the machine of the party, and the machine has dictated the stete central committee, the call, the primaries and will rule the convention. Too much stress cannot be laid upon the fact that, however specious the projects of the political leaders may be, the plans and intentions of the people are sincere and earnest. They don’t care what political advantage may accrue to a few politicians by this movement or the benefit they will réceive from it. The one fixed idea of the masses is that here is an opportunity to make a boom for silver coinage. There is ro trifling in their position. They are go- ing into this movement with heart and soul bent upon one idea, and they have arisen as one man to the call of the politicians. This is the feature that is alarming the sound money people and the old-line, con- servative democratic leaders. They realize what a powerful effect the movement is sure to have upon the democracy of ad- joining states, and they see in the situation elements of grave danger. N. O. M. WHARTON BARKER’S PREDICTION. He Says That the Bimetallists Are Or- wanized to Win. DENVER, Colo., May 20.—Wharton Bar- ker of Philadelphia, who is now in this city, expresses the opinion that the Salt Lake silver conference, which he attended, will be productive of much good. “I would open the mints to silver tomor- row if I had the power,” said Mr. Barker. “I don’t want silver monometallism any more than I want gold monometallism, but if my vote could settle the question the doors would be thrown open at once with- cut any waste of time in consulting with England.” Mr. Barker prophesied that a majority of the people of Pennsylvania will vote at the next election for men for President and Vice President who are in favor of bimetal- lism and protection. “Bimetallism and protection,” responded he, “will be the-platferm that will win in Pennsylvania at the next national election. I believe that 2 majority of the people of New York city and state will vote for candidates or the same platform. Chaun- cey Depew does not understand the people of the state he lives in when he declares that the gold sentiment will prevail. Bi- metallist forces are orgamized and will go into the fight to win.” THE MEMPHIS CONVENTION. Most of the Lurger Southern Towns Will Be Represented. MEMPHIS, Tenn., May 20.—Judging of the appointmegt of delegates already re- ported, there will probably be upward of 300 exponents of the sound money senti- ment of the south in attendance at the ccnvention opening here en the morning of Thursday, the 23d instant. Every city and most of the larger southern towns will be represented. The convention will meet in the Auditorium, which has a seat- ing capacity of oh see the probability is that its capacit: iI be taxed to the uttermost. Secretary.Carlisle will reach the city the morning.ef the 23d, and it will be left to him to Bay whether he shall speak during the day session or at night. The applications for guarters at the hotels indicate that several thousand visitors, some from northern: and western cities, will be on hand to hear him. : ss NURTH CAROLINA'S CONFEDERATES, Unveiling the Monument Killed in the War. RALEIGH, N. C., May 20.—The confed- erate monument to be, unveiled in this city teday is of Mt. Airy granite. Its height is 72 feet 6 inches, and it will be lighted Ly four bronze electric lamps in clusters of three each. Partly up the shaft stand two bronze statues, one of a cannoneer with a rammer in his hands. On the side opposite him is a cavalrymah dismounted, with saber half drawn and in a very spirited at- titude. On the base are circular bronze medallions with the seals respectively of the confederate states ahd of North Caro- lina. There are two inscriptions. One of these is ‘North Carolina to her confederate dea and the other is “First at Bethel, last at Appomattox, 18#1-1865."". The main portion of the shaft is one block of stone, 27 feet high, and weighing 55,000 pounds. The monument is surmounted by the bronz: figure of an infantryman in light marching order, standing in an easy atti- tude with musket lightly clasped with both hands. Thie statue is ten feet high and weighs 2,500 pounds, while the two already mentioned are life-sized. All are from life, the models being veterans living in Ra- leigh. Yhe attendance is expected to he the greatest ever seen here. ‘Thousands of veterans are coming and tke state guard will be nearly all in line. Gen. John W. Catten commands the brigade of trvops, Dr. Peter E. Hines the veterans, and O. J. Carroll is chief marshal, with two hun- dred assistants. May 20 is a state holiday being the anniversary of the Mecklenbu Declaration of Independence of 177% The program of exercises at the monu- ment is as follows: Invocation, Rev. Dr. Bennet Smedis; address of welcome to vis- itors, Capt. S. A. Ashe; oration, Col. A. M. Waddill; presentation of the monument, Col. S. McD. Tate; acceptance of the mon- ument, by Gov. Carr; unveiling uf the mon- ument, little Julia Jackson Christian, aged seven years, and grand@auzh:er of Gen. Stonewall Jackson; ther after a salute by the infantry and artillery, several short speeches are to be made, the speakers be- ing Gen. Bradley T. Johnson of Baltimore, ex-Gov. Holt, Col. A. C. Avery, Col. W. H. Clark, Col. H. C. Jones, Col. W. H. H. Cowles and Cyrus B. Watson. At the conclusion of these addresses the military and the veterans will pass in re- view in front of the monument. = CHIEF SEAVEY’S CASE. to Those His Friends in Omaba Trying to Secure Reinstatement. OMAHA, Neb., May 20.—Last month the pelice bcard of Omaha permitted Chief W. L. Seavey to resign, his resignation to take effect May 20. His dismissal was the result of a long fight, charges of questionable transactions being made, particularly as to how ne acquired considerable property on $2,400 salary. The charges, were not main- tained, but the citizens thought he had out- lived his usefulness, and demanded his resigns tion. Seavey is president of the Chiefs of Po- lice National Association, and has been in Washington attending the annual convyen- tion. His friends have started a campaign to have him reinstated. A petition to have him reinstated was. presented to the police board for their signatures, and all but two signed. —._—_ TO BE TRIED SOON. The Government's Big Suit Against the Stanford Estate. SAN FRANCISCO, May 20.—The govern- ment’s $15,000,000 suit against the estate of the late Leland Stanford will be tried in the United States circuit court early in June, though it was at one time set for argument on demurrer late in that month. An agreement to this effect has been re- ported between Russell Wilson, who repre- sents Mrs. Stanford, and L. K. McKtssik, special counsel for the government. The agreement was made because of Mrs. Stan- ford’s anxiety to have the case out of the way, for it stands over her as a perpetual menace and hampers the fulfillment of the purposes specified in her husband's will. LAW ANNULL Inoome ‘Tax Act Declared bia DECISION RENDERED TODAY Chief Justice Fuller Delivers the Opinion. A FIVE 10 FOUR VOTE Justice Harlan and Others De- liver Dissenting Opinions. bd HISTORIC SCENE IN COURT The income tax law was today wiped from the statute books of the United States. The Supreme Court, the highest judicial tribunal of the land, in a careful opinion read by Chief Justice Fuller, im- mediately after the convening of the court at noon today, declared unconstitutional and therefore void those features of the law providing for a tax on the incomes from rents and the investment of personal Melville W. Fuller, Chief Justice. property, as well as on personal property itself, and has set aside as void those sec- tions of the law which assess a tax upon incomes from business, privileges and em- plcyments. The conclusions of the court were as follows: First. We adhere to the opinion already announced, that taxes on real estate being indisputably direct taxes, taxes on the rents or income of real estate are equally direct taxes. Second. We are of opinion that taxes on personal property or on the income of per- sonal property are likewise direct taxes. Third. The tax imposed by sections to 37, inclusive, of the act of 18%, so far as it falls on the income of real estate and on personal property being a direct tax within the meaning of the Constitution, and therefore unconstitutional and void be- cause not apportioned according to rep- resentation, all those sections constituting cne entire scheme of taxation are necessar- ily invalid. The decrees hereinbefore encered in this court will be vacated; the decrees below will be reversed, and the cases remande@® with instructions to grant the relief prayed. Sections 27 to 37 of the tariff act of 1894, referred to in the conclusions of the court in the opinions, are all the sections of the act relating to the income tax, so that the entire incom, .ax law is declared void specifically. A Scene of Historic Interest. The anouncement of this opinion and of the dissenting opinions following made a scene of unparalleled interest and _his- torical importance in the annals of the Su- preme Court. Justice Harlan read a dis- senting opinion, occupying an. hour in its delivery, which was acknowledged to be one of the most sensational documents ever handed down from the Supreme bench by one of its occupants. Not only were the conclusions of Justice Harlan significant in their force and application, but the man- 27 Justice Gray. ner in which he delivered them was im- passioned and earnest to a most remarka- ble degree. A member of Congress who attended the sitting of the court today said to a reporter for The Star that never be- fore in all his experience of thirty-three years in practice before that court had he ever witnessed the exhibition of such deep feeling as that shown by Justice Har- lan In declaring his dissent from the opin- fon of the majority of the court. From Justice Harlan’s words it devel- oped that the judgment of the court was that of but five of the nine members of the tribunal, thus being made the prevailing opinion by a bare majority of one. Justice Jackson read an opinion dissenting from the judgment of the court. It was Jus- tice Jackson's absence that caused the rehearing of the cases, and it was general- ly expected that on his vote would depend the fate of the law. On the contrary, how- ever, Justice Jackson’s vote did not deter- mine the outcome, as it proved, for it ap- the case Justice Shiras, who, on the last occasion, voted to sustain the law, changed his views concurred in the judgme:: of the c which was read by Chief Had Justice urt, Justice Puiler this morning. Shiras retained his old position in respect to the constitutionality of the law, it would today have been sustained by addition of Justice Jackson's voice in its favor. The Crowded Court Room. In anticipation of the announcement of the opinion of the court the Supreme Court room was crowded long before the hour of convening. By a few minutes after 11 all of the seats in that small portion of the reom devoted to the public were oc- cupied, and by 12:15 the bar itself was filled. There was the usual number of handsomely dressed women in the throng, aid the scene was quite a gay one, as the justices filed into the court room. Quite a number of distinguished mea occupied seats in the bar. Among these were Sena- tors Hawley, Squire and Mitchell of Ore- gon; Representatives Grosveror and Hare, ex-Representatives Butterworth and Kas- son, Controller Bowler, ex-First Controller Lawrence, and the District bar was repre- sented by Messrs. Sheilabarzer, J. M. Wil- son, J. J. Darlington, Calderon Carlisle, H. E. Davis, ex-Commissioner Douglass and others. Attorney General Olney and his assistant, Mr. Whitney, reached the court room siort- ly before 12 and greeted Mr. James C. Car- ter, the only member of the staff of counsel for the appellants who was present. When the Justices Entered. There was a buzz of expectation running through the court room when the doors leading to the robing room were opened and the arrival of the court was announced. ; Chief Justice Fuller bore in his right hand a bundle of papers, which was carefully scrutinized by the crowd in the absurd hope of gaining some inkling of their con- | tents. Justice Gray’s usually inscrutable face wore a sphynxlike smile as he sur- | veyed the large crowd-from his towering height. Justice Jackson, whom many sup- posed to be the arbiter of the fate of the law, seemed more feeble than usual as he took his seat. Justice Shiras was apparently under great nervous strain, for his brow was deeply furrowed and his lips were tightly | compressed when, after the formal prelimi- naries of opening the court had been ob- served, the chief justice, without’a word of | warning, read the titles of the cases on | which the fate of the law depended, and | immediately proceeded to read from a closely written manuscript the judgment of the court. The Chief Justice Read It. The chief justice read in a low but clear voice which reached every ear. Not once did ne raise his eyes from the manuscript to look into the court room beyond the bar, but confined nis attention entirely to the document which he was ‘reading, and which he consumed with great speed. He occupied about forty-five minutes in its delivery, although it was apparently much longer than the dissenting opinion of Justice Harlan, which occupied an hour. Justice Jackson’s Return. Justice Jackson, who appeared on the Supreme Court bench so unexpectedly to every one, his associates included, returned to the city today from Philadelphia, where he has been under the care of Dr. Pepper As Justice Fuller proceeded in his read- ing the belief of those who were present that the law would not be sustained was gradually verified and enforced from the frequent assaults which the opinion made upon the cHaracter of the tax as a direct tax. The question merely was whether the judgment, of the court would go so far as to declare the entire law void or whether it would rest with the destruction of those sections which impose a levy upon rents, the incomes from bonds and the product of personal property. It cannot be said, there- fore, that the final conclusions of the court were a surprise to those assembled. The surprise came when Justice Harlan ren- dered the dissenting opinion, but it was not based upon the fact of his dissenting, for his views were well defined on the pre- ceding occaston. Justice Harlan's Dissent. Justices of the Supreme Court, in render- ing opinions, are usually content with a calm, unbroken statement of their views. which are usually read from manuscript in @ most uninteresting style. Not so, how- ever, with Justice Harlan today. Almost at the beginning he began to gesture and to address his remarks so forcibly .to the mem- mers of the bar that they were quite pre- pared, when, warming up With his theme, he finally turned deliberately to the Chief Justice, who sits next to him, and gesticu- lated almost in his very face. Justice Harlan’s opinion throughout had a caustic tone, almost of sarcasm. He did not, of course, descend to humor to il- lustrate his points, but at one time quoted frcm the brief of one of the counsel for the plaintiff in reference to the distinc- tions between the tax on a 10-cent dog and one valued at $1,000, and so pointedly did he address his references to the case in hand that the auditors were thrown into a state of very undignified hilarity. Justice Harlan’s opinion caused many grave faces among those who heard him render this impassioned and at times elo- quent protest against the demolition of the law. Some of his phrases caused a thrill ef sensation to run through the assem- blage. When he said that he regarded this judgment with the gravest apprehension gray-bearded lawyers moved uneasily in their seats and looked at one another with concern. When he said that this decision would tend to re-establish a condition of help- lessness on the part of the American ad- ministration, there was a general lifting of eyebrows, and men who had been up to this point somewhat amused at the almost Yehement utterances of the justice began to look more serious. “If this new view of the Constitution shall become accepted and fixe: aid the justice, with bitter sarcasm, as ne turned his face toward the chief of the bench, sitting beside him, “the American people cannot too soon amend their Constitu- tion.”” Justice Harlan’s concluding remarks made the impression of wonder and sur- prise felt by those in the audience still more marked. After declariag that a logi- cal result of the judgment which threw out all the law because’ some parts of it were void would be to invalidate the en- pears that in the second consideration cf | tire tariff act, by a parity of reasoning, an expression of amazement ran through the court, for the immediate assumption was that this declaration might give rise to countless litigation directed to the im- peachment of the tariff law. At the end Justice Harlan said: “The practical, if not the direct, effect of this jucgment will be to give to certain kinds of prcperty a favoritism inconsistent with cur social order, and invest them with im- rertance and influence over the common pecple without property of those kinds who ought not to be subject to the dominance of aggregated wealth.” At the conclusion of Justice Harlan’: opinion, which occupied an hour in delivery, Justice Jackson. there was a very general movement out of the court room, which was arrested by the announcement that Justice Jackson would render an opinion. Judge Jackson spoke in a very feeble voice that could hardly be heard at the doors. The Court's Opinion. Mr. Chief Justice Fuller delivered the opinion of the court as follows: Whenever this court is required to pass upon the validity of an act of Congress as tested by the fundamental law enacted by the people, the duty imposed demands in its discharge the utmost deliberation and care and invokes the deepest sense of re- sponsibility. And this is especially so when the question involves the exercise of a great governmental power and brings into consideration, as vitally affected py the decision, that complex system ef govern- ment so sagaciously framed to secure and perpetuate “an indestructible union, com- posed of indestructible states.” We have, therefore, with.an anxious desire to omit nothing which might in any degree tend to elucidate the questions submitted, and aided by further able arguments embody- | ing the fruits of elaborate research, care- fully re-examined these cases, with the re- sult that, while our former. conclusions remain unchanged, their scope must be en- larged by the acceptance of thetr logical consequences. The very nature of the Constitution, as observed by Chief Justice Marshall, in one of his greatest judgments, “requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those ob- jects be deduced from the nature of the object “ themselves. In considering this question, then, we must never forget, that it is a Constitution that we are expound- ing.” Taxation Divided Into Two Classes. As heretofore stated, the Constitution di- vided federal taxation into two great classes, the class of direct taxes and the class of duties, imposts and excises, and prescribe two rules which qualified the grant of power as to each class. The power to tay direct taxes, apportioned among the several states in proportion to their rep- resentation in the popular branch of Con- gress, a representation based on popula tion as ascertained by the census, was plenary and absolute; but to lay direct taxes without apportionment was for- bidden. The power to lay duties, imposts and excises was subject to the qualifica- tion that the imposition must be uniform throughout the United States. Our previous decision was confined to the consideration of the validity of the tax on the income from real estate and on the income from municipal bonds. The ques- tion thus limited was whether such taxa- tion was direct or not, in the meaning of the Constitution, and the court went no farther as to the tax on the incomes from real estate than to hold that it fell within the same class as the source whence the income was derived—that that a tax upon the realty and a tax upon the re- ceipts therefrom were alike direct, while as to the income from municipal bonds, that could not be taxed because of want of power to tax the source, and no reference was made to the nature of the tax as being direct or indirect. The Field of Inquiry Brondened. We are now permitted to broaden the field of inquiry, and determine to which of the two great classes a tax upon a person’s ertire income, whether derived from rents or products, or otherwise of real estate or frcm bonds, stocks, or other forms of per- scnal property, belongs; and we are un- able to conclude that the enforced subtrac- tion from the yield of all the owner's real or personal property, in the manner pre- scribed, is so different from a tax upon the property itself, that it is not a direct, but an indirect tax, in the meaning of the Con- stitution. ‘The words of the Constitution are to be taken in their obvious sense, and to have a reasonable construction. In Gibbons agt. Ogden, Mr. Chief Justice Marshall, with his usual felicity, said: “As men whose inten- tions require no concealment generally employ the words which most directly and aptly express the ideas they intend to con- vey, the enlightened patriots who framed our Constitution and the people who adopted it must be understood to have em~ ployed words in their natural sense, and to have intended what they have said. ‘We know of no reason for holding other-