Omaha Daily Bee Newspaper, December 23, 1894, Page 3

'y CHANGES 1IN THE SENATE r Why a Number of Statesmen Will Not Enjoy the Holidays, THER POLITICAL PROSPECTS POOR Bome of Those Who Will Not Recelve Christmas Presents in ths Shape ot an Extension of Time in OMmee. WASHINGTON BUREAU OF THE DEE. F Street, N. W. WASHINGTON, Dec. The statesmen have flown from the field of national legislation to thelr homes in various parts of the country to celebrate the Christmas holidays with their children, wives, kinfolks and neighbors. All of them may eat, drink and be merry Christmas day, but some of them will not feel certain that thelr's is to be a happy New Year for gome time after the commencement of the last half decade of the century. Senator Berry of Arkansas can be happy, not only throughout this holiday season, but for some time afterward, for he has made his calling and re-election sure by the re- cent action of the legislature of his state whereby he was chosen for another sena- torial term for six years. Senator Matthew C. Butler of South Caro- lina will not spend a hilariously happy time while others are making merry, for after eighteen years' service in the senate he has been retired to private life by a political avalanche, which indicates that in the Pal- metto state, “old things have passed away; behold all things have become new.’ ator Butler is one of the handsomest, most courtly, most scholarly gentlemen in th senate, and his_retirement will be regarded as a public misfortune by all who have had the pleasure of his personal acquaintance. Senator Johnson N. Camden of West Vir- ginia can afford to have a merry Christmas and a happy New Year, althoush his po- litical skies are dark with defeat, which is unexpectedly accomplished and certain to be lasting. Senator Camden is 66 years of age. has had honors galore all throughout his life and has accumulated millions of dollars’ worth of property. He can well afford to re- tire to private life; but it is not pleasant for him to feel that such a bitter political enemy as Steve Elkins is to succeed him. CAREY'S COMING FIGHT, Senator Joscph ey of Wyoming Is golng home to attend a guessing match. Nobody can tell what the Wyoming legisla- ture will do. There s a republican majority, and of course a republican senator will be elected to succeed Senator Carey, whose term will expire in March, but whether it will be Senator Carey or not cannot now be predicted. People in Washington who know the splendid character and strong friendships made by him, and the sterling worth of Sen- ator Carey, expect him to be re-elected. But our sovereign states have the faculty of making many mistakes. Many a goad man, experienced in statesmanship, powerful In legislative work, able and diligent in looking after state interests, has been set aside to make room for some man who must learn all things, and whose full term is to be expended in studying those things which the rejected statesmen have committed to memory. Senator Wiliam E. Chandler of New Hampshire is also to attend a guessing match at Concord. He belleves that he will be re- elected, and his republican friends hope that he may be. But, there is Ex-Scnator Henry W. Blair, a man of strong individuality and warm friendships, who is after the senatorial toga, and manifestly determined to get it or tear the traces. May the best man win. Senator Shelby M. Cullom of Illinois wants another term in the senate, and his friends belleve that he will get it. But Editor Medill of the Chicago Tribune, who calls him “Nimble Shelby,” has been trying for some time to lift hims:If by the boot &traps into the seat so long occupled with honor and ability by the author of the interstate com- merce law. Whateyer the prospects may be, Senator Cullom will not feel like shouting “Happy New Year' until after the Illinols legislature express:s its opinion. The re- election of the experienced statesman would be no mistake. He is regarded by his fellow senators as a great man and a good man; a man of whom any state might be proud; a man of whom no state need feel ashamed. His private life is beautiful. His public lite 1s honorable. DOLPH 1S NOT UNEASY. Senator Dolph of Oregon, one of the hand- gomest men in the senate, has been a mem- bar of that august body ever since 1883, and is a statesman of vision extending be- yond state lines. He Is a man of extraordi- nary ability, an omnivorous reader, a steady worker, and a ready debater. He has little reason to fear the election of any other than himself for the next term of six years. He will therefore take his turkey, dressing and cranberry sauce without any misgivings or misapprehensions. Senator William P. Frye of Maine, a man of nervous sanguine temperament, Wwhose strong face shows the sturdy characteristics of his Swiss ancestry, will probably be elected without dificulty for the term which commences March 3, next. He is ope of the strongest men in the senate; the strongest man the legislature of the great state of Maine could find to succed her most emi- ment citizen, James G. Blaine, when the magnetic leader left the senate to become secretary of state at the begining of the Garfield_administration. Senator Frye has been a forceful leader in the house of repre- sentatives. He has always been acknowl- edged as a strong party leader in the senate. Senator Isham G. Harrls of Tennessee was guessing for some time after the November election: but as soon as it was ascertained that the Tennessee legislature had a democratic majority there was no doubt entertained that Senator Harris would b2 re-elected. He does not give his age or date of birth in the congressional directory, but from the fact that he commenced the practice of law in 1841, it is assumed that he must have been born not later than 1820, which would make him now several ycars more than the biblical three score years and ten. But he is in the helght of his physical and Intellectual vigor, and as forceful and aggressive as any man in the United States genate today. His re-clecfion is assared, and Tennessee deserves to be complimented for her loyalty to so strong a man. HIGGINS' PLEASANT PASTIME, Senator Anthony Higgins of Delaware, i dolng more guessing than all the other sena- tors, whose term will expire next March, He has ample food for thought; for he Is bucking up against a great combination, No- body knows what shall the harvest be in Delaware. Senator Higgins is a creditable senator, a man of great experience in public afairs before he was elected to the senate, a man of strict integrity in public affairs, and of perfect probity in private lite. He is a scholar, a lawyer, and an orator of merit. The legislature of Delaware is republica 1t is & pity that all Delaware republicans are not able to say hurrah for Higgins. He's all right. Senator Qeorge Frisbie Hoar of Massachu- setts will eat his hasty pudding and smile benignantly upcn the legislature of the old Bay state; for there is no doubt of his re- election. Santa Claus has always been good to Senator Hoar, and he will leave no switches in his stocking this year. On the contrary, If he will hang up his be:t stock- ings, he will get another senatorial commis- sion’in one of them for another term of six years. He has earned it. He is one of the great and good men of this age. He s hon- orable to the core. He has been in public life for a full generation, and has been a member of the senate for eighteen years. He is 69 years young, and apparently grow- ing younger all the time. Senator Willlam Lindsey of Kentucky, who was appointed and elected to succeed the great Kentuckian, Carlisle, will be re-elected early in January, for a full term of six years. He is a lar an physically, and a man of merit in his state. He occupies a command- ing position in the senate as an orator of carnestness and force. He is primarily a lawyer, secondarily a statesman. He is a large man physically, and a loveable charac- ter to his acquaintances. He is popular at home, and will have both a Merry Christm and a Happy New Year, fu the midst of the ty of Kentucky hospitality. M'LAURIN NOT DISAPPOINTED. Senator McLaurln of Mississippi will retire to private life in March, but his Christmas will be none the merrier for all that, He only came to the senate temporarily to take the place of the brilliant Walthall, who re- signed in order to take a rest of a year from | legislative labor and tarmoil. Senator Walt- | hall was re-elected to succeed himself next March, before he resigned his place for Me- Laurin. He will return to the senate, after | eating his Christmas ple. He stuck in his humb and pulled out a plum, and eaid “What a great boy am 1, ator McLaurin _ever hopad to come to the senate for a little, brief appearance upon the stage as a member of that splendid body. Senator James McMillan of Michigan, a self-made man, a poor boy who acquired all | long before Sen- hig wealth by his own supel ability will be re-elected by the legislature of the | Wolverine state, without opposition. He is | a business man, a sturdy worker, never | claiming or attempting the graces of oratory, and yet he has delivered some of the most | magnificent addresses concerning the business | condition of the country ever put forth | by any man in the upper branch of the | American congress. His Christmas will be | merry and his New Year will be happy, for his future is bright with hope and prom- fse. He deserves the happiness and honor which he has earned by many years of hon est toll. His home in D is buflt upon the site which he purch ars ago roit sed twen on the installment plan, when he was work ing for monthly wages. He has bought ad- | ditional lots, and erected upon the original | site a palace which is also a monument of industry and frugality. Senator John Roderick McPherson of New { | Jersey will not spend a Merry Christmas | nor a Happy New Year, but his lack of merry making s not caused by the loss of | political position. He has lost his health nd seems likely never to entirely recover it. QUAY'S KINDLY WORDS During the past two years he has been subjected to a great deal of criticism for his public actions. One day, in the senate | restaurant, when some gentlemen werc freely critielsing Senator McPherson, Dick Quay said: “I dislike to hear criticisms of Senator McPherson. He is a good man, has done his state good service, and deserves good words rather than abuse. If he were well and strong he would need no defense; but he is ill, and I would rather not hear unkind remarks about him.” I have always liked Dick Quay better since I heard him make those remarks. Senator John T. Morgan of Alabama, the noblest Roman of them all, a typical senator, a dignificd statesman, an_encyclopaedia of gereral information, a scholar, a philosopher, | a manly man, and one who Is acquainted with grief, for he has lost some of his best be- loved kindred, has been re-elected by the legislature of the state which has long de- lighted to honor him, and 'as thereby honored himself, will spend Christmas day in Washington, where he has quiet, unpre- tentious apartmenys. He is a remarkable man, vigorous, independent, and every way strong and forceful. It Is 2 pity that there are not more men like higi in public life. With malice toward none, but with charity for- all, he sometimes utters the most sar- castic sentences which make his opponents wince. Tt was he who spoke in such terrific denunciation of presidential interference in legislative affairs, concluding his remarks by saying: ‘The clock strikes in the white house, and the cuckoos come out of their bexes to tell us the time of day.” Senator Richard Franklin Pettigrew of South Dakota will have prairie chicken and quail for his Christmas dinner at his pretty home in Sioux Falls, He is yet a com- paratively young man and will be re-elected without opposition. Fourteen years ago, when but a very young man, he represented the great territory of Dakota in the house of representatives. He was the first senator clected by the new state when it was ad- mitted to the union. His strongest character- istic s his loyalty to his fricnds. He has helped more young men to the pathways of success upon the prairie of the frontier than any other man now in public life. His re- election will be a compliment to his state, as well as himself. He has acquired a stand- ing and influence in the semate which have enabled him to accomplish many things of value to his prairle state. RANSOM HARD HIT. Senator Matt W. Ransom of North Caro- lina bears a brave front, as bccomes a courageous soldier and experienced states- man. But Matt Ransom was hard hit by the recent political cyclone. He has been a member of the senate for twenty-four years. It is a home to him, and he will be lonely without the position’ which has grown into himself, as he has grown into it during all these days, months and years. He is a polished courtier, a Chesterfieldian statesman, and always punctilious senator, and a man of marked ability. It is a pity that any state should retire from public life a man of such sagacity and valuable experience. But this is a republic, and the people sellom make mistakes in thelr choice of public servants, Senator George S. Shoup of Idaho is on the guessing block and doing a big bit of thinking. Congressman Sweet, a popular young man, is after the seat of the veteran, and is pushing hard for the exaltation. Sen- ator Shoup will not permit reverse to worry him, nor success to elate him. His has been a varled experience, and he is quite a philoso- pher. Nearly forty years on the western frotier, in the army, in mining camps, in prospecting parties, in the saddle, after In- dians, running from Indians, scouting, specu- lating, money making, accumulating wealth, receiving high political offices by appoint- ment and by election, he is too big a man to permit anything to prevent him from having a Merry Christmas and a Happy New Year. Senator James F. Wilson of Iowa, feeble and growing feebler, declined to be a candi- date for election to a third term, and the Towa legislature has already chosen Goy- ernor Gear to succeed him. IN WAR TIMES HE WORKED. In the stirriog war times, a generation ago, James F. Wilson was one of the aggressive leaders of the house of representatives, and was called by many the pride of the Missis- sipi valley. He was chairman of the commit- tee on the judiciary, a superior lawyer, a great debater, a very ardent patriot, Dur- ing his twelve years in the senate he has done nothing of note. He has disappointed the friends who expected much of him on account of his earlier career. In truth, when in tho senate Mr. Wilson has always de- ferred to Senator Allison, and not tried to assert his own individuality. Senator Edward C. Wolcott, the athlete of the senate, the picture of health, has made his calling and election sure. He recently received a letter signed by a ma- jority of the members of the Colorado leglslature, assuring him that he will be re-elected, and that he need not even come home to look after his interests, It seldom happens that any statesman has such a high compliment paid to him, but-Senator Wolcott is d remarkable man. When only 16 years of age he was a volunteer soldier in the ranks of the boys in blue. He is a stalwart, handsome man, possessed of excel- lent judgment, a magetic orator, a cultured gentleman. Thus it appears from a survey of the situa- tion that the joys and sorrows of life are equally distributed in the classes most fav- ored, as well as In the classes least favored with the wealth, honor, pomp and glory of the world. Happiness is largely a matter of comparison. Some of these gentlemen will bemoan their fate If they are not re-elected; and yet, nearly every man in the country would feel delighted with .the honor of a single term in the United States senate. But, having once enjoyed the bauble of fame, it is always dificult to relax one's grasp upon it. However it may be with these gentle- men who are guessing the future, all of their friends will pray for their health, and for the health of their families, and that they may all live long and prosper, Contracted for a Submarine Boat. WASHINGTON, Dec. 22.—Secretary Her- bert today gave orders for the preparation of a contract with the Holland Submarine Boat company for the construction of & sub- marine boat to cost $150,00. The bureau of construction and " stéam engineering, which has carefully examined the matte reported that the plans were feasible, that there was no danger to the crew of the boat, and the thickness of the shell of the boat' showld be half an inch at the middie belt, tapering to three-eighths of an inch at the ends. Two Amendments by Bryan. WASHINGTON, Dec. 22—Representative Bryan has introduced two joint resolutions affecting the term of office of the president. One resolution proposed an amendment to the constitution, making the president ineli- gible to succeed himself; the other makes the president ineligible to a second term. Money to Frotect Government Timber. WASHINGTON, Dec. 22.-—-Representative Cofteen of Wyoming has introduced a bill appropriating $125,00 (o meet the expenses of protectiag timber on public lands, THE OMAHA DAILY BEE: SUNDAY, DECEMBER 23, 1804. " y " KELLEY, STIGER & CO., Last 7Day Before Christimas. Twenty Per Cent 2006 Our discount sale on Black and Colored Dress Goods which has been an unprecedented success ——TWENTY PER CENT DISCOUNT—— has induced us to include in this great sale, Monday, our entire stock of Furs and Cloaks, short Jackets, Capes and Carriage Wraps— Fur Capes—Fur M uffs—Animal Discount. embracing all the latest novelties in long and Head Collarettes and Boas—Fur Trimming, ete--Notwithstanding our large sale on Holiday Novelties —our line of Umbrellas—Handkerchiefs—Mufflers—Silk Hosiery— ——KID GLOVES FOR BOTH STREET AND EVENING WEAR— Black and Party Silks-—-Handsome Laces—Leather Goods—Collar Boxes—Lined and Unlined Kid Mittens--Lined and Unlined Gloves —Men'’s Neck Dressing—Fans, of which we have a large assortment— made up Laces—all the new shades in Chiffons — handsome Eider- down Wrappers — Dressing Sacques--a choice selection of Night Dresses--and Women’s Underclothing, elegantly trimmed=-in lace and fine embroideries-~Of all theseand many others--including novel conceptions in Art Department--our stock still contains a large vari- ety to select from. ——Store open Monday Evening till 10 o’clock— KELLEY, STIGER & CO., Corner Farnam and 18th Streets. WILL REST FROM ITS LABORS Senate Takes an Adjournment for the Usual Holiday Recess, TWELVE DAYS IN WHICH TO RECUPZRATE Mr. George of Mississippl Strongly Objected to the Resolutlon, but Withdrew Kis Opposition After an Hour Spent in Talk, WASHINGTON, Dec. 22.--There was but a small attendance of the senate when that body was called to order today by President Pro Tem Harris, a number of the senators having left for home in anticipation of the holiday recess. Mr. Cullom, republican of Illinois, pre- sented a series of resolutions adopted by a meeting of citizens of Chicago on December 9 expressing sympathy with the Armenians. Mr. Cullom also introduced a bill providing for the establishment of an assay office in Chicago. After further routine business had been transacted the holiday adjournment resolu- tion was formally laid before the senate, and Mr. Cockrell, democrat of Missouri, sald it was perfectly manifest to those fa- miliar with the transaction of business in the senate that it would be Impossible to keep a quorum here between now and Jan- uary 3; a similar condition of affajrs would exist in the house. He had never asked the senate to do anything for his comfort, nor would it be any comfort to him to have the scnate adjourn for the time proposed. In view, however, of the existing conditions, he asked unanimous consent that the reso- lution be now considered. Mr. George, democrat of Mississippi, how- ever, objected. For the purpose of bringing the matter be- fore the senate Mr. Manderson, republican of Nebraska, moved the reference of the holiday adjournment to the appropriations committee. Mr. Morgan then addressed the senate on the resolution, He sald he was well aware that a holiday recess would not meet with any great favor. He believed it was the duty of the senate (as on former occasions) to sit during the holidays and he proposed to take such steps to test the sense of the senate on the question. He did not do this to delay or annoy senators, but simply to have a fair expression of the senate on the question. If the senate adopted this resolution one-third of the session would have expired and not a single appropriation have been passed. In taking the step he did he said he had the support of a number of other senators, The senate had decided emphatically that no rule should be adopted to facilitate business, s0 that in the two months remain- ing after January 1 the busin¥3 transacted will be what a small minority N this body decide it shall be. The senator then named a number of important bills on the calendar which would give rise to considerable dis- cussion, among them being the Carlisle finan- clal bill now pending in the house and the item In one of the appropriation bills making an appropriation to collect the income tax. - Mr. Mand rson, republican of Nebraska, in a brief speech expressed the hope that no factious or personal opposition would b® made to the resolution. In answer to a question by Mr. Frye he pointed out that even debate on a bill could be stopped it the point of no quorum was made. Finally, Mr. George withdrew his objection and the ‘adjournment resolution was placed before the senate and passed. Mr. Dolph, republican of Oregon, movedl to secure consideration of the bill to amend a section providing for an adjustment of land grants made by congress to aid in the construction of railroads, ete., and which he explained enabled the present law to be applied to a certain class of land cases which seemed to h.ve been overlooked in the orig- inal law, Messrs., Call, democrat of Florida, and Allen, popullst of Nebraska, objected and Mr. Dolph withdrew his motion, Mr. Morgan had the floor to reply to Mr. Turpie's remarks on the Nicaraguan bill. He said, however, that the latter's speech had not appeared in the record until today, and he was satisfied that he would not have time enough to complete his remarks before adjournment. He was willing to yleld to a motion for an executlve session, which pre- valled, after which, at 1:45 p. m., the sen- ate adjourned until Thursday, January 3, at noon. News for the armyv. WASHINGTON, Dee. 22.—(Special Tele- gram.)—first Lieutenant Philip P. Powell, Ninth cavalry, s relieved of duty at the Military academy, Peekskill, N. Y, and will relieve First' Lieutenant Charles W. Rowell, Second infantry, professor of mili- tary sclence tactics, urove City college, Pennsylvania, He s granted leave from January 1 to February 1895, Carl Johan Burgquist, company B, Second infantry, Omaha, s discharged from the service, House Democrats Will Caucus, WABHINGTON, Dec. 22.—As was stated in these dispatches several days a Y caucus on the currency question will prob- ably be held by democratic members of the house shortly after the recess. Repre- sentative Culberson of Texas hay been in- strumental in suggesting a caucus as to the best means of determining on a course of actlon. He says no definité decision has been reached, but that the caucus will un- doubtedly be held. This is the general feel- ing_among democratic leaders, although there are so few of the rank and file in town that no positive arrangement has been attempted. WISE COURTS INVESTIGATION, Says He Appolnted Repablicans Because ‘They Were Competent Men. WASHINGTON, Dec. (22.—The denial of Collector Wise of the port of San Franciseo of the charges of viplation of the civil service law was shown Civib: Service Com- missloner Roosevelt today. ~ Mr. Roosevelt said: ““The charges were ‘filed with the commission some time ago and will be given a thorough Investigation before the commission can tell whether they have any foundation. The charges are not as grave in the case of Collector Wise as are those in the cases of certain/ others which the commission intends to investigate in the immediate future. But chatges have been made alleging various . Infractions of the law in several places throughout the country. Doubtless some of them are ill founded and all of them may be. The commission will conduct an investigation of all of them and find out the truth SAN FRANCISCO, Dec. 22.—Collector of | the Port Wise, in discussing the charges made against him by Civil Service Comm sloner Roosevelt, soon to be investigated, said: I shall dodge nothing, and I court the most thorough Investigation. 1 have scrupulously obeyed the law. For example, in the Midwinter fair months, I had the absolute appointment of the inspectors and I appointed nearly all republicans, because they were competent men. There are some cases where there s a question what the law is, and In such any man may make mis- takes, but aside from the:e there is nothing that can be questioned. I defy Roosevelt or any one else to show that I have not scru- pulously observed the law.” Melklejohn Pushing Pension Claims. WASHINGTON, Dec. 22.—(Special Tele- gram.)—Congressman ~Melklejohn, member of the house committee on pensions, has this session called for the status of more than 100 pension cases and requested that they be made special by reason of the fact that the claimants reside in the drouth stricken section. H. C. Brome, an Omaha attorney, is here on_business. Representatives Mercer, Melklejohn, Hainer and Bryan of the Nebraska ccngres- sional delegation were present durin, proceedings of the house today. Mr. Bryan will leave for home tonight. = The others will spend their Christmas holidays here. the New Nebraska FPostmosters, WASHINGTON, Dec. 22.—(Special gram.)—The following postmasters been appointed: maha_county, Tele- have Nebraska—Aspinwall, Ne- J. 8. Ebrother, vice J. W. Macomber, °resignéd; Austin, Sherman cotnty, Ellas 8. Ogle, vice W, H. Ogle, re- moved: Ellis, Gige county, I, H, Hume, vice H. C. Martindale, removed; Hershey, Lincoln county, Lizzie ‘Strickler, ‘vice J. H. Hershey, resigned; Marengo, Hiyes county, R. K. Nickerson, ‘'vice John Roe, resigned; Richfield, Sarpy county, E. L. Griffith, vice orge Sutter, resigned. Scuth Dakota— nsfleld, Brown county, W. B. Cannon, e James Mansfield, removed. t Herbert Makes Some Christmns Presents. WASHINGTON, Dec. 22.—-Secretary Her- bert today made several substantial Christ- mas gifts in the exercise of his clemency Among them he remitted the unexpired por- tipns of the sentences imposed upon Com- mander Heyerman and Lieutenant Lyman in consequence of the casting away of the Kearsarge. ‘These officers had four months Of thelr year's suspension remaining. Mutsu May He Japan's Representative, WASHINGTON, Dec. 22.—Now that China has appointed commissioners to go to Japan to negotiate for peace, it fs probable that the latter country will ‘appoint commis- sioners to meet them.' It is believed here that Mr. Mutsu, the minister of foreign affairs, will be Japan's chief representative, An armistice will likely be declared, pend- ing the peace negotiation: ngelhorn Gets Mis Land. WASHINGTON, Dee. 2%—(Special Tele- gram.)—The secretary| ofithe Interior has rendered a decision onthe appeal from the decision of the commissioner of the general land office in the case of Gottlieh Engelhorn against Levi E. Patterson, from the Chad- ron district, Nebrasks, §he judgment of the commissioner is affirmed and the land awarded to Engelhorn, Sl Priests Orauined by, Cagdinal Gibbous. BALTIMORE, Dec. #.—The following priests were ordained &t the cathedral this morning, Cardinal Gibbotis officiating: John €. Murphy, John T. Kinnéy, Thomas T. Me- Devitt and James Grace of Chicago; Ber- nard Cunningham, Loulsville, Ky.; Jerome B. Hannington, San Francisco, and’ Willlam Sharon, St. Paul, Minn, To Open & Military Resorvation. WASHINGTON, Dec. 22.—Representative Doolittle of Washington has introduced a bill opening the Yashou island military res- ervation in Washivgton to settiement, Thelr Commissions Made Out. WASHINGTON, Dec. 22.—(Special Tele- gram.)—8cott McKim was today commis- sloned postmaster at Detroit, la., and Ed- ward Gotthelf, at Marion, 8." D, Treasury Cash Balance. Y ASHINGTON, Dec. 22.—The cash bal- ance In the treasury today was $104,068,952, and the true amount of the gold reserve §§8,- 921,559, o OIS S VA NCOME TAX IN THE COURTS Broker Moore Files a Suit to Enjoin the Collection of the Same. CLAIMS IT IS UNCONSTITUTIONAL 18 Unfair and Discriminating in Its Pro- visions and Unless the Collection 18 njolned the Complalnant Wiil Have No Adequate Redress. WASHINGTON, Dec. 22.—The first steps have been taken in the district supreme court to test the constitutionality of the income tax laws. J. B. Wilson, as counsel for John B. Moore of the New York firm of Moore & Schley, applied to Judge Cole of the equity branch of the supr:me court of the District of Columbia for an order restraining John S. Miller, commissioner of internal revenu:, from assessing and collecting a tax upon his income. Because of the importance of the action, it is expectsd that the court will fix an early day for the hearing. This is only one of a number of legal at- tacks that will soon be made upon the in- come tax, and each suit will be based upon difterent grounds. The moving parties are New York business men. It is the intention of a number of these individuals to refuse to pay the tax and appeal to the courtd in each case. Mr. Mcore's complaint in detail sets out his case under six heads, and his prayers in four. He represents: First, that he is a citizen of the United States ‘and of the state of New York, resid- ing and doing business in the city of New York, and brings this suit in his own right. Second, that the defendant, Joseph S. Mil- Is also a_citizen of the United States, upying and discharging the duties of the cflice of commissioner of internal revenue, and as such is sued. Third, that the complainant is a share- holder 'In divers corporations, organized, existing and doing business in the United States, under and by virtue of their respec- tive acts of incorporation, and which said corporations have net earnings from which | they pay dividends to the complainant and also {0 other stockholders, from which net earnings there will be pald to the complain- ant during the year 1594 divers sums of | money as such dividends. Fourth, that, independent of and in ad- dition to these dividends, the complainant has_an income—derived from the gains and profits of nis business, and embraced with- n section 27 and 28 of an act of congress en- titled ““an act to reduce taxation, to provide for the government and other' purposes the present tariff act, which became a law without the approval of the president of the United States—largely in excess of the sum of $,00 per annum and upon which income, including the dividends before mentioned, the defendant, commissioner of internal revenue, has threaterned to, and, unless restrained, will proceed to asses the sum of 2 per cent on the amount of ycur complainant's income in excess of $1,000 per annum, IENTAILS DOUBLE TAXATION, Fifth, the complainant further shows by reference to section 29 of sald act of con gress, that these corporations are also re quired to pay a tax of 2 per cent on their net earnings and by secticns 27 and 28 of said act the complainant is required to pay @ like tax upon the kaid moneys so paid to him, as dividends, thereby wrongfully du plicating the tax on the complainant. By referenceto section 27 of the act the com- plainant shows to the ¢ tion 18 unjust and unequal in that it dis- criminates’ against the complainant for the purposes of taxation between persons who tizens of the United States and wrong- exempt such persons from taxation aforesaid who have an income up to and not exceeding the sum of $,000 per annum and thereby complainant and ‘all others in the same condition, is denied the equ protection of the law. Further, by ref ence to sectionns 27 and 25, it 15 shown to the court that there is assoclated with the taxation of citizens of the Unmited States and subject to the proposed taxation and not separable therefrom the provision that the persons who are aliens, but who reside inthe United States, whether permanently or only temporarily, shall likewise be sub- ject to the payment of the income tax, al- though such income is derived wholly from rents, interests, dividends, salaries, or from any profession. trade, employment or vo- cation, carried on elsewhere than in the United States, thus undertaking unlaw/fully and without authority to tax the incomes of citizens of foreign countries alien to the United States, who have within the United States a temporary reside for tempo- rary ‘purposes, although incomes are de- rived ‘wholly from sources not within the jurisdiction ‘of the United States, No exemption s made in the act from the taxation of the incomes of incorporations within the United States, of which (here are many, which, although carried on for prof are created, owned and operated by the se eral states as government Instruments in the promotion of the police and other public functions, which corporations are not sub- ject to taxation by the United States. It is also shown that the assessments are to be made upon the income of the complainant and others that had been earned and re- celyed prior to the time the provisions of the act took effect, and that the said taxes are not within thé constitulonal jurisdicion of cOngress Lo impose. HE PAYS. urt that said taxa- NO REMEDY IF Fifth, It is also alleged that the commis- sloner 18 taking steps to make an assess- ment against the complainants and collect not only for the first year's income tax, but also by the requirements of the act for the incomes likely to arise yearly and contin- uously until 180, Th: commissioner and his subordinates ure now taking necessary steps | the government to make the assessments and collections of the income ta: It is averred that If the taxes are collected, although unlawful and unjust, the complainant would have no rem- edy 49 recover from the United States, or only by long litigation, rendering the rem- edy useless. The act, it is charged, is In- valid in the provisions so imposing the in- come tax, and in such provisions is uncon. stitutional, inoperative and void; if the taxes are collected he would be wthout adequate legal remedy for redress of the illegal col- lections, in view of the continuousness of the taxés, as provided, until January 1, 1900, Unless restrained by’ the court, the 'com- plainant, es to the fllegal assessments, will be subjected to the harassment, expense and annoyance of & multitude of suits resorted to during the period in enforcing the assess- ments, On this ground it is prayed: First, That a subpcena issue to require the commissioner of internal revenue to ap- pear and answer this bill, but not undep oath, such answer being expressly walved. Second, That during the pendency of the cause, the commissioner and persons acting under his authority be restrained and en- joined from any act looking to or contem- plating the collection of the income tax as provided by the act. Third, That on final hearing of this cause the defendant and all persons acting under him and by his authority may be perpetu- ally restrained and enjoined from doing any act or acts so looking to or contemplating the collection of such tax or any part there- of, as provided for in that act of congress. TFourth, And for all further relief that may be just and equitable in the premises. The case will probably be brought up for trial in the equity court before cither Judge Cox or Judge Hagner early in July. Ex-Sen- ator Edmunds of Vermont has been retained by Broker Moore and will take a prominent part in the trial. The other counsel are Judge Jeremiah Wilson and Judge Samuel Shellabarger. BRYAN ASSAILL; EVELAND, Stood by the First Democratic President on the Currency Question. WASHINGTON, Dec. 22—There were but few members on the floor this morning. Three bills were passed by unanimous con- sent before the regular order was demanded. One was passed on motion of Mr. Doolittle, republican of Wasiington, to grant American registry of the barks Linda of North Caro- lina and Archer of Washington; the others passed, respectively, on motion of Messrs. Painter, democrat of Kentuck, and Gear, re- publican of Towa, were pension bills. Debate on the currency bill was then re- sumed. Mr. Coombs, democrat of New York, opencd in_favor of the bill. Mr. Bell, democrat of Texas, followed in opposition to the bill. He said the argu- ment of the advccates of this measure re- minded him of Touchstone's plea for Audrey in “As You Like It.” Touchstone confessed that Audrey was not particularly favored, but she was “‘mine own." Currency reform was to become a fad, he thought. He noticed that its practical direction was toward contraction, A witness Difore the committee had been frank enough to confess that the repeal of the purchase clause of the Sherman act was only the “first step.” It was now proposed to retire the entire greenback circulation. Mr. Bowers of California and Mr. Bryan of Nebraska also opposed the bill. The lat- ter attacked the secretary viclously for dumping into the committee on banking and currency and the house, a hastily consid- cred bill 1ike the one pending. Its weakness was demonstrated when, aiter four days of yerbal bombardment, it had been practically withdrawn and another measure substituted Mr. Bryan sa'd that, stripped of its verbiage, the bill was a simple proposition to authorizo to loan banks money at a low rate of interest, or at no rate, to be In turn_loaned by them at whatever rate they could secure. Mr. Bryan directed attention to the contradictory views of Cleveland and Jefferson, the last and first democratic pres- idents on this subject “Mr. Cleveland think; ald he, “that the issue of currency 18 a function of ‘the banks Jefferson declarcd such an issue is a function of the nment and thought the banks should go out of the issuing business. I am not ashamed that I stand by Thomas Jeffer- son and not Grover Cleveland.” Mr. Bryan said he had be:n and was now in favor of gold and silver money becau the amount of money would depend on thee law of supply and demand. At the close of Mr. Bryan's speech, the house, at 5:10 p. m., adjourncd until Janu- ary 8, 1895, Appointments Confirme WASHINGTON, Dec. 22.—The senate In executive session today confirmed the fol- lowing nominations: Charles H. Mansur of Missouri, to be assistant comptroller of the treasury, office created July 31, 1894; Marshall Petet of Veedersburg, Ind., to be Indian agent, Klamath agency, In_ Oregon, and Thomas B. Tetter of West Virginla, to be Indian agent of the Fort Hall agency In Idaho. Why Are War Ships Not Kept In Hawail. WASHINGTON, Dec, Senator Lodge today Introduced a resolution instructing the secretary of the navy to inform the senate why all ships of the United States have been withdrawn from the Hawalian islands, and whether, In view of the Interests of th United Statés and of the citizens of the United States a ship of war should not now be at the island and at Honolulu. by the Serate, Havemeyer's Caso Arguad. WASHINGTON, Dee. 22.—-The cases of President Henry F., Havemeyer and Treas- urer John E. Searles of the American Re- finin,, company, were argued in the district supreme court today, No declsion was an- nounced and no time indicated as to when one would be rendered. LN T RN T S NI 3 0 Uaptures a Murderer Who Stood the Neigh- bors Off with a Revolver. TURNED HIM CVER TO THE POLICEMEN Had Shot His Stepdaughter and Then Kicked and Stamped the Body of Ris Dying Victim—Murderer Supposed to Be Insane. WASHINGTON, Dec. 22.—A horrible murder was comitted in the northeast sec- tion of the city this afternoon. Joseph A. Bean shot and killed his stepdaughter, Mrs. Annie L. Leahy, sending five bullets Into her body. When the deed was done and she lay on the floor In a pool of blood he kicked and stamped upon his dying victim. The nolse of the shooting drew a number of citi- zens to toe scene, but the murderer held them at bay, threatening them with his still smoking revolver. Congressman George D. Melklejohn of Nebraska, who was on his way home from the capitol, heard the shots, and, hastening to the scene, succeded, un- aided, in capturing the murderer. Bean is a carpenter by trade, but of late has been of dissolute habits, and for two months has not lived with his wife, who became tired of supporting him in idleness. Congressman Meiklejohn wears a Mason's charm and but- ton, and when he appearcd on Bean noticed it. “Are you a Mason?” he cried to the con gressman., the scene “Yes,” answered the latter, approaching. ““So am 1,” shouted the murderer, “and a Grand Army man. “I have killed a woman and they are trying to kill me. I want you to protect me."” While Bean was saying this the congress- man slipped around behind him and pinfoned his arms. of In a moment he gained possession the weapon and handed it over to the police, who took Bean to the station, Mr. Meiklejohn then quietly continued his Journey home. It Is thought that Bean Is insane. Ho does not appear to regret hig deed, which he says was an act of humanity nicely accomplished, Measure for Kelleving American Ships of Onerous Burd WASHINGTON, De ha house com- mitte on fisheries and merchunt marine yes- terday considered a number of amendments to the bill regarding the movement of the net tonnage of American vessels, Commission=r of Navigation Chamberlain proposed most of them and they are favored by the Cramps and cther large ship builders, By the present law American vessels are given a much higher rating than foreign vessels of the same size, and as wharfage and docking charges are usualy based on thls rating, they are forced to pay more than for- cign ships do for the same privileges. While other nations allow an American vessel to be measured according to their respective laws and thus to obtain the benefit of lower net tonnage and lower taxes, still this involves delays and expenses, and the custom of American masters appears to be to pay charg:s on the tounage stated in _their American registers, The committee finally decided a draft of a bill to be substituted for the one now pending before it and to be reported to the house as soon as possible, The reduction of net tonnage proposed by this bill will, in effect, reduce the operating expenses of every American vessel engaged hereafter in forelgn trades. The bill brings the laws of the United States into substantial accord with the laws of Great Britain and other powers. It docs not materially affect gross tonnage. In detall it removes the present limits of 6 per cent for crew space and of 50 per cent for all d:ductions, including propelling power. The removal of these limitations conduce to the comfort and health of crews and to the construction of speedy vessels. It pre- scribes that spaces for the berthing of the crews shall b: constructed and cared for with regard to the health and comfort of its members. There Is now no statutory regus lation in this country governing the construcs tion of the quarters of the crew. The various deductions for propelling .space, sail rcom, and navigation spaces, etc., correspond with the deductions permitted by Great Britain, Norway and other nations. It is proposed that the bill shall go Into effect on the first day of next July. The owners of vessels documented before that date are thereafter to have the option of avalling themselves of its benefits .or retalniug their present weasurement, E fi: