Omaha Daily Bee Newspaper, March 13, 1895, Page 5

OLNEY ON THE INCOME TAX Many of the Plaintiff' Objections Simply Perfunctory in Character, CONCEDES TWO POINTS FOR ARGUMENT Plaintiffe' Contention Holled Down to the Necessity for Assessment by Apportion- ent and Violation of the Constitu- tion Regarding Uniformity, WASHINGTON, March 12.—~The proceed- ings in the income tax cases in the supreme court today opened with argument by At- torney General Olney on behalf of the gov- ernment for the validity of the tax. The court room inside the bar was crowded, and there was no time when the limited capacity of the room was sufficlent to accommodate the audience, Mr. Olney began by saying that the chief interest of the government in the litigation was limited to the constitu- tional questions which the several plaintifts allege to be Involved. Whether they are really involved, he would not attempt to de- termine. An examination of the plaintift's bills, briefs and arguments seemed to him to show that many of the alleged objections to the validity of the Income tax were sim- ply perfunctory in character. ““They are taken pro forma—by way of precaution—be- cause of the possibility of a point developing in some unexpected connection—and just as a &ood pleader, bo his knowledge of his case and of the pertinent remedies ever so thor- ough, never fails to wind up with the gen- eral prayer for other and further relief. No time need be spent in discussing the aver- ments that the income tax law is an In- vasion of private rights or takes property without due process of law. The propositions aro pure generalities, and if there is any- thing in them, it is because they compre- hend others which are the only real sub- Jects of probable discussion. Again, suppose it to be true that the income tax law undertakes to ascertain the in- como of citizens by methods which are not only disagreeable, but are infringe- ments of personal rights, the consequence is not that the law is void, but that the hotly- denounced inquisitorial methods can not be resorted to. The like considerations apply to the objection that the law is to be pro- nounced vold becauso taking the agen- cles and instrumentalities of the governments of the eral states, It has not yet been definitely ad- that the income of state and municipal gecurities is not taxable by the United States when assessed as part of the total income of the others. ONLY TWO POINTS IN CONTROVERSY. “If T am right in these observations,” he continucd, “the constitutional contention of the plaintiffs simmers down to two points. One s that the income tax Is a direct tax and must be imposed according to the rule of apportionment, and the other is based upon the alleged violation of the constitution with regard to uniformity."” He declared that whether an income tax 1s what the constitution describes as a “direct” tax Is a question as completely concluded by repeated adjudications as any question can be. It is not a direct tax within the meaning of the constitution unless that the concurring judgments of this court have all been erroncous. Speaking on an- other point raised by the appellants, he said, no land tax is aimed at or attempted by the statute—there {8 no lien on land for pay- ment—and the whole scope and tenor of the statutes show the contemplated subject of taxation to be personal property and to be nothing else. Mr. Olney devoted considerable time to the meaning of the word “uniform,” as applied to the collection of Imposts, excises, etc, declaring that the word had a territorial ap- plication and no other. “The power to tax,” he sald, tical use and is necessarily to be adapted to the practical conditions of human life. These are never the same for any two per- ons, and as applied to any community, how- ever small, are Infinitely diversified. Re- gard being’ paid to them, nothing is more evident or has been oftener declared by s for prac- courts and jurists than that absolute equality of taxation is impossible—is, as characterized in an opinion of this court, only a ‘baseless dream. NEVER ABSOLUTELY UNIFORM. No country, for example, no state of this union, ever adopted a plan of taxation that did not exempt some portions of the com- munity from a burden that was imposed upon others. The power to do so Is unquestioned and s universally exercised. Nevertheless, the privilege to exempt has bounds. It can- not be used without regard to the end in wview, nor to gratify a mere whim or caprice. The rules of uniformity place no restriction upon a divislon of the community into alasses for taxable purposes which the legis- lature may deem wise, Unlformity between members of a class created for taxable pur- poses is required. It Is quite beside the issue to argue in this or any other case that congress has mistaken what public policy Tequires. On that point congress is the sole and final authority, and its decision once made controls every other department of the government. The statutes make no exemp- tion of a class that is based on some obvious Tne of public policy, and the class being es- tablished, one uniform rule is applicable to its members. Take for example the princi- pal classification of all—the grand division by which the entire population of the coun- try is separated into people with incomes of $4,000 and under who are non-taxable and people with Incomes of over $4,000 who are taxable. It is manifest that in this dis- tinction congress was proceeding upon definite views of public policy and was alm- ing at acoemplishing a great public good. It was seeking to adjust the load of taxation to the shoulders of the community in the man- mer that would make it most easily borne and most lightly felt. Take another illustration—that of business corporations. The net incomes are taxed at the standard rate of 2 per cent, but undi- minished by the standard deduction of $4,000. The result may be that a man In business as & member of a corporation Is taxable at a little higher rate than a man in the same business by himself or as a copartner. Here, it is claimed, s a distinction without a dif- ference. It is common knowledge that cor- porations are 80 successful an agency for the conduct of business and the accumulation of wealth that a large section of the com- munity views them with intense disfavor as maliciously and cunningly devised inventions for making rich people richer and poor peo- ple poorer. When, then, this income tax law makes a speclal class of business corpo tions and taxes thelr incomes at a higher rato than is applied to the incomes of per- sons not incorporated, it but recognizes ex- isting social facts and conditions which it would be folly to ignore. Mr. Olney closed as follows: STAKES ARE ENORMOUS, “It would certalnly be a mistake to Infer that this great array of counsel, this ®lab- orate argumentation and these numerous and yoluminous treatises miscalled by the name of briefs, have any tendency to indicate any- thing extraordinary or unique either in the facts bofore the court or in the rules of law which are applicable to them. All these clrcumstances prove is the immense pecuni- ary stake that is being played for. It is so large that counsel fees and costs and print- ers bills are absolutely of no consequence. It is s0 large and so stimulates the efforts of counsel that no rule or prineiple that stands in the way, however well settled and however long and universally acquiesced in, 18 suffered to pass unchallenged. It is mat- ter for congratulation, indeed, that the exist- ence of the constitution itself is not im- ached and that wo are not treated to a gical demonstration that, for all taxable purpose, we are still under the old articles of confederation. Seriously speaking, however, 1 venture to suggest that all this laborious and erudite and formidable demonstration is bound to be without effect on one distinct ground. In Its essence and in its last anal- ysis, It 18 nothing but & call upon the Ju diclal department of the government to sup plant the political in the exercise of the tax- ing power; to substitute its discretion for that of congress in respect to the subject of taxation, the plan of taxation and all the distinctions and discriminations by whic taxation s sought to be equitably ‘adjusted to the resources and capacities of those who have it to bear. Such an effort, however ‘weightily supported, can, I believe, have but one result. It 1s incvitably predestined to failure unless this court shall, for the first time In its history, overlook and overstep the limits which separate the judicial from the legislative power, and the scrupulous obser- vation of which is absolutely essential to the Integrity of the constitutional system of our country.” When Mr. Olney closed James C. Carter began his argument. He stated that he ap- peared for the Continental Trust company, which had been advised that the tax was con- stitutional, and he was glad to say they had decided to obey the law, for he was pleased that there were some rich men who did not object to the Imposition of such a tax. He said the juniors in the case, Messrs. Guthrie and Whitney, had confined themselves to the law, and it remained for “‘the master” (by which term he meant to designate Senator Bdmunds), to show that the question was one not confined to such narrow limits and t show it dealt with the fundamental principles of the government and dealt with the entire governmental fabrle, and in doing so, he as- serted Mr. Edmunds had demonstrated the question was one with which the court was not called upon (o deal CONGRESS SUPREME IN ITS SPHERE. Mr. Bdmunds had complained of the in- justice perpetrated by the last congress. Do we not all know that any congress can, if it sees fit, and desires to exercise its preroga- tives, trample upon the interests of the peo ple? The court cannot protect us. is no redress. Congress has also functions as well as the courts, It was to be regretted that in some cases botter men were not sent to congress. “I am not,” he asserted, “one of those who belleve congress has retro- graded; at least, if T did belleve it, I should not assert it here,” which declaration cansed the court to smile and sent a ripple of | laughter through the entire audience. Mr. Carter asscrted that he counsel for the appellants in the necessity for equality In taxation, but he stated that the true test in the matter of equality was the ability to pay, accordingly the principle of levying burdens. Mr.” Carter dwelt upon people to evade taxation Mr. Edmunds on agreed with the tendency nd took issue with the point that the people do not pay the great burden of the taxes. The rich, he said, were able to defend them- selves, while the poor men were not able to do so. “Inevitably,” he declared, “the poor must go to the wall. The object of the in- come tax was to, in a measure, correct this inequality and shift a part of the load from the shoulders of the poorer classes to those of the more opulent.” Touching the question of exemptions, he sald It was necessary to make them, as for instance, the wages of the laborer and the incomes of the lower and middle classes What then have you left but the incomes of those who have all that is necessary to sup- ply the wants of life and a surplus besides? “There Is a source of taxation which no wise statesman should leave untouched, for he can take from that source without affect- ing the comfort or welfare of any human being. Why, for instance, should not M Edmunds pay a tax upon a fee of $5,000 the same as the Vermont man who owns a $5,000 farm? No, the Income tax had proceeded on the ground that a part of the burden of tax- ation should be levied on the rich and not the poor, Just as a wise economist in priv lito would mot live upon his capital, but would devote his fncome to that purpose.” JUSTICE GRAY ASKS A QUESTION. Furthermore, the capacity to collect as well as to levy a tax was held in mind. If, for instance, the limit in the income tax law had been placed at $20,000 instead of $4,000, it might be that in Texas there would be no one with sufficient_income to make the law applicable to him and thus Texas would remain altogether untaxed under that law.” At this point Justice Gray interrupted Mr. Carter to ask if he did not believe the fram- crs of the constitution had meant in specify- ing duties, fmposts and excises, that all other taxes should be regarded as direct and to hold to the idea then s0 prevalent of coupling tax tion and representation, but Mr. Carter replied that such a construction would put a limit upon the constitution by implication which he did not believe would fall within the duty of the court. The framers of the constitution evidently proceeded upon the theory that they had disposed of duties, Imposts and excises by proscribing them, while all other taxes provided must’ necessarily follow the rules of, apportionment. He would have been caught in such a predica- ment, Discussing the question of the meaning of the word “uniformity,” as used in the consti- tution, he said it was known that the framers had in mind territorial uniformity, but it was not known that they meant general uni- formity. Nor could he find an injunction of uniformity in the word “tax” as others pro- fessed to do. Mr. Carter was discussing the question of classification when interrupted by Justice White with an inquiry as to how he would account for the various decisions of the courts to the effect that attempts at classification were in fact not classifications, but mere eva- sions, “When,” replied Mr. Carter, “there is an evasion I grant it Is an exercise of arbitrary power, but when these acts are based on pub- lic grounds and do not constitute an arbl- trary proceeding, tho act is legitimate, Con- Bress, in such a case, is seeking to establish its own policy. It may be right and it may be wrong, but it is guilty of no evasion, and it does not become necessary for the courts to_interfere, With regard to the assertion that the sub- Ject of taxation in the case of state and muni- cipal bonds was not in the power of congress, he maintained that the question had never been determined and was open to argument. CHOATE MAKES THE CLOSING PLEA. Mr. Choate followed Mr. Carter, speaking for the appellants. His is the closing argu- ment in the case, and as he began only forty minutes before the court adjourned for the day he had only fairly opened when the hour for adjournment arrived. “After Jupiter had thundered all around the sky and had levelled everything by his thunderbolts,” Mr. Choate began, *Mercury came out from his hiding place and looked around to see how much damage had been done, but he knew that it was only stage thunder, and wos enabled to reassure gods and men.” He came as Mercury id, to bring calm and assurance, and he would not attempt to vie with Mr. Carter, He declared he had never before heard the argument used by Mr. Carter that the popular wrath might in any event sweep the supreme court away. He had been likewise surprised to hear that congress was to be the sole judge of the powers confided to it by the constitution, As for himself, he believed there were private rights of property to be considered, and he believed this court was delegated to pass upon such questions as were here involved without asking the consent of the attorney general or any one else. He declared the incomo tax was communistic, and said it was defended here upon principles as com- munistic, soclalistic and populistic as had ever been addressed to a popular assemblage, and he had been astonished that the attor- ney general had made a plea for its toleration on the ground that it was directed only at the rich. Mr. Choate said if the law was enforced New York, New Jersey, Massa- chusetts and Pennsyivania would pay nine- tenths, yev, nineteen-twentieths, of the tax This, he declared, was sufficient evidence of inequality. He controverted the position that there was no help for this state of affairs. He thought it would appear differently in case it could be shown the constitution had been contravened. He did not believe under the constitution congress could undertak the functions of levelers. If the exemption as now provided was sustained by the court it might be extended. If the power was to be checked it must be checked now. Stat- ing the plan of his review, Mr. Choate said his position was that the income tax was wholly vold because absolutely and in all jts parts it was a dircct tax and not imposed by the rule of apportionment. He adwitted the possibility of the unwillingn to accept this view in all its breadth, and for this reason he would present the case on somewhat narrower grounds, in accordance with former precedents, in ali matters except in the case of the income tax. The basis of his argument would be the ciear distinetion between direct taxes on the one hand and exciges and imposts on the other, He would assume that all duties, imposts and excise taxes were shut out from the class of direct taxes, while on the other hand any tax c¢n the income from real estate, etc., was a direct tax and therefore inhibited by the con stitution. Mr. Choate will take up the con- stitutional aspects of the question upon the opening of Lis argument tomorrow. Not Money Enough to Do Husine ST. JOSEPH, March 12.—H. M. Gerlich, a member of the State Board of Fish com- missloners, sent his resignation to Governor Stone yesterday to take effect immediately The yearly appropriation for the board had been placed at $15.000, although, Mr. Gar- lich says, $24.000 is needed, and it is for this Teason he resigns. There | did not believe they’ s of the court | | tution. MIGHT CALL CONGRESS BACK If the Income Tax is Defeated in Court an Extraordinary Session is Probable, MANDERSON TALKS ON THE SITUATION Deficiency In the Revenue Certain to Fol- low It the Law is Held Unconstitu- tional- Will Demand Tmmediate Remedial Legisiation, WASHINGTON BUREAU OF THE BEE, 1407 F Street, N. W, WASHINGTON, March 12. “I can see but one reason,” says ex-Senator Manderson of Nebraska, “for the ealling of an extra session of congress. 1 have never thought that an extra session of congress would be called, and I do not now agree with the agitators of that possibility, but 1 can see in the immediate future one contin- gency which might induce the president to belleve that an extraordinary session of the Fifty-fourth congress should be called. I have always believed that the income tax clause of the revenue bill of 1894 was un- constitutional. I believe now that it is un- constitutional, and I am confident that the supreme court will decide in the case pend- ing before it that the income tax cannot be collected, for the reason that it is unconsti- tutional. In the event of such a decision from that tribunal, there would be a mani- fest deficiency In the revenues of the gov- ernment, which might infiuence the mind of the president to such a degree as to in- duce the beliet that an extraordinary ses- slon of congress should be called,: and of course if the president should entertain such an opinion he would not hesitate to issue a proclamation convening the new congress for the purpose of bringing about remedial financial legislation. I do not believe that there is a democrat today living who s old enough to remember the experiences of him- self and his neighbors with the Income tax of war times who will say that he be- lieves the income tax is constitutional. It is a direct tax, pure and simple, and places upon a certain class of citizens a greater burden of taxation than is imposed upon other citizens having equal rights before the law, and under the consti- I recollect very vividly how unpopu- lar the income tax was in the army. Officers went_very unwillingly to the paymaster and permitted deductions from their salaries on account of that direct tax. Of course we all realized that it was one of the hardships of war, and apparently a nccessity for the reve- nues of the government at that time, but w regarded it as a great hardship to be obliged to give up to the paymaster a percentage of our pay when the greater portion of it was already mortgaged. Of course we bought all of our rations, and were indebted to the sutler, the commissary and to the quarter- master, for many of the necessities of life, as well as what wero then called some of the luxuries of life in the fleld. We would draw the pay due us for three or four months and givo to the paymaster such deductions as he demanded for the income tax, and then were obliged to distribute our money to the sutler, commissary and quartermaster. The income tax was a hardship, and the oniy possible ex- cuso for it at that time was that it was one of the necessary hardships of the war; but 1t was as unconstitutional then as it is un- constitutional today. I can, however, see no other ground for the rumors which are preva- lent to the effect that the president intends to call an extra session.” HENDERSON AND CANNON FRIENDLY, Colonel Henderson of Iowa is now the sen- ior republican member of the house commit- tee on appropriations. By all rights of prece- dent and procedure, Colonel Henderson is en- titled to the chairmanship. The fact that ex-Chairman Cannon is a candidate for the chairmanship has given rise to a rumor that Henderson and Cannon are at outs, and say- ing hard things about each other. As a mat- ter of fact, there are no better friends in congress than Henderson and Cannon. They live at the same hotel when in Washing- ton, have rooms'on the same floor, eat at the same table, and love each other-as brothers; even better than some brothers. During Colonel Henderson's recent confinement to his room on account of a second amputation of his leg, one of his most genial compan- fons was Mr. Cannon, who Spent many an hour in his room, telling stories, playing cards and narrating the daiiy events at the capitol to divert and amuse his friend. No matter to whom that important chairmanship may go, Cannon and Henderson will con- tinue to be friends. Concerning Colonel Hen- derson, in the conversation above referred to, Mr. Cannon said: “He is one of the noble fellows of this earth. His soldier record is superb. As a legislator he has been honest, faithful and painstaking. He would be a good chairman of that committee. He has been a member of It for about ten years. His appointment would be a wise one, for he is capable and honorable. But of course I want it myself, and hope that I may get it.” During the last few days of the Fifty-third congress, when there seemed to be a pos- sibility that some of the appropriation bills might fail, there was a great deal of gossip concerning the possibilities and the proba- bilities of the necessity of an extra session of congress, but when the time for adjourn- men arrived all of the great appropriation Dills had been passed, and had received the approval of the president, so that, unless the supreme court decision may render it nec- cssary, there' is not now, and there Is not likely ‘to be in the immediate future, any necessity for a proclamation convening an extra session, WORK ON RIVER IMPROVEMENTS. Captain H. Hodges, who has charge of im- provements on the Missouri river, between Stubbs Ferry, Mont., and the lower limits of Sionx City, has submitted his report of the work done’ during the month of February at Sioux City. Operations have been confined to calking and repalring barges. The river is still closed and no further operations can be undertaken as yet. At Plerre, S. D., three carloads of lumber were delivered’ under contract by James H. Owen, two of which were rejected, The repair of the plant at that place has been in progress during the month, The report states that at both Sloux City and Plerre the repalrs to the plants wiil be continued during the month of March, and material will be recelved. Lieutenant Colonel MacKenzie, who has part of the {mprovements on the Mississippi river, with reference to the operating and care 'of the Des Moines Rapids canal says: “That the canal has been closed to naviga- tion during the month and a portion of the repairing operating force has been employed in the machine shop on miscellaneous repair: and a_small additional force has been r. pairing the plant.” The work of construc- DATLY BEE: WEDNESDAY, MARCH 13, 1805. only necessary to bbridbmn single organs. Accordingly only ond/twentieth of 1 per cent of the American cattler, wers tubsrculosus, while 20 per cent of slaughtered In Hamburg have been found tubercular. Tt is notteed parenthetically that strange to the American cattle were very free from liver flukes, The report considers Americans in steck falsing and how the tuberculosis wihch is const spreading around them in the German may be arrested. TIMBER ON PUBLIC LANDS, Conzress Mado No Provision for the Pres- orvation of Forests. regret over expressed In the failure of the Interior congress to department amend the minor character that little trouble was antici- pated in finding an adjustment. The fact that nothing has been done leaves the seccre- tary without measures or means to protect the forest reservations or to dispose of tim- ber upon other lands except under the permit system, which he has not found advantageous, Another effort will be made in the next con- gress to secure legislation for the belter pro- tection of forests on the public lands. S LEAGUE SESSION WESTERN CLOSED. Disputes All Settled and a Schedule for the Season Finally Adopted. MILWAUKEE, March 12.—~The board of directors of the Western league met today at the St. Charles hotel and settled a num- ber of disputes. Tony Mullane was awarded to St. Paul and Perry Werden was ordered to play with Minneapolis, The schedule committee worked all night on a schedule, and today submitted it for consideration adopted the schedule for next season tly before midnight. The season opens ¢ 1, as follows: Kansas City-St. Paul at Milwaukee-Minnenpolis at Mil- rolt-Toledo at Detroit, and on 2," Indianapolis Rapids at In- dianapolis. Holi re as follow Minneapolis Paul play two games | 4 at Minneapolis; Kansas City and Mil- ukee two ames July 4 at Kansas City; Grand Rapids with Kansas City at and Rapids, two games, May 30; Detroit and St. { Paul, two wames, ‘at Detroft on September |8 and Minneapolis at Toledo, two | ame: v 30; Toledo and Milwaukee at | Toledo, September 2; Toledo and | Detroit, two games at ledo, July 4; In- dianapolis and St. Paul at Indianapolls, two games, May 30; Indianapolis and Kansas Indianapolis, —September 2, two Indianapolis and Grand Rapid$, two games'at Indianapolls, July 4. RESULTS ON THf RUNNING TRACK Key Alta at 12 to 1 Was the Good Thing of tho Day at Distriet, SAN FRANCISCO, March 12.—The depart- ure of a number of stables for the east has made no difference in the size of the fields and all the events today were well filled. Rey Alta was the good thing of the day. He opened at 20 to 1, and was backed down to 12 to 1. Jim Neal won: $3,000 on the race. In the third race, Adolph. 20 to 1, was left at the post. Bell Ringer, 10 to 1, broke down in the steeplechase and did not'finish. Sum- % furlongs, selling: Don , 106, Grifiin to 10), won; Prin De- . Chorn (5" to_ 1), second; Emma Mack, 95, Sloane (10 to 1), third. Time: 1:14. Rosalle, Jd Stanley, Mowltza, Mendoeino, Haymarket, Sissy” Jupe, Vangadene and Santa Rosa also ran, Becond race, six_furlongs, selling: , Rey Alta, 105, Bloane (12 to 1), won; Arnette, 88, Qinne (2} to 1), second; Led 100, Grifin (5 to 1), third, Time: 1: , Burmah, Terra Nova, King Sam and Sympatheti Last also ran. Third race, seven furlongs, selling: Tonnie B, 126, N. Carr (2 to 1), ; Remus, 128, Smith (20 to 1), second; Wawona, 125, Griffin (L to %), third. Time: 1:29%. Barcaldine, Little Bob Warrago, Olivia, Huntsman, Red Robin Hood T and Adolph also ran. urth race, mile and a half, steeplechase: Three Forks, 126, Clanc; 2 to 1), won; April, 115, Cairns 8 to 1), second; Wyan: 133, Allmark (8 to ‘1), third. Time: 22." Guadeloupe, Nestor, Relampo, Major Ban, The Lark and Bell Ringer also'ran, Fifth race, six furlongs. selling: Hyman, 100, Chorn (4 to 1), won; Ma 102, Grifith (4 to 5), second; Thorn, 109, Covington (10 to 1), third, Time: 1:14 Mahogany, Harry wis, Roration and Miss Buckly also ran. NEW ORLEANS, March 12.—Weather rainy and warm; track dead, Results: First race, five furlongs: Chenoa (3 to 1) won, Herkimer (4 to 1) second, Maquon (9 to 2) third. Time: 1:0i5. , Second race, six furlongs: Virgin @ to 1) won. Lucasto' (7 to 1) second, Joco (20 to 1) third, Time: 1:18%, Third race, seven and a half furlongs Mote (5 to 1) won, Rapidan (4 to 1) second, Void (3 to 5) third, «Time: 1:39, Fourth race, six furlongs: Gold Dust (7 to 1) won, Tramp (4 to 1) second, Hodgson 6 t0 1) third. Time: 1:17%. Fifth race, six furlongs: Colonel A. T. Moore_ (4 to 1) won. Verdi (3 to 1) second, Adah Foy (20 to 1) third. Time: 1: Wolf Chase ing Up. An old-time wolf chase has been on the tapis among hunters of Omaha for some time. Several lovers of the sport are the possessors of excellent foxhounds. To de- cide the relative merits it has been agreed that two wild wolves will be turned loose race, about = at 11 a_m., Friday, March 18, one mile west of Florence on’the Nelson dairy farm, The wolves will be given thirty minutes start and then the hounds will be given the scent. The owners of good hounds of Omaha and Council Bluffs will enter. There is no money consideration, but all who desire to par- ticipate will’ notify Peter Stock, 1891 8t. Mary’s avenue, not later than Thursday evening. Eastern CEDAR RAPIDS, Ta., March 12.—(Special Telegram.)—A base ball organization to be known as the Eastern Iowa league was formed in this clty today. The league will consist of seven Towa and one Tilinois towns, Officers elected were: President, Tom Loftus, Dubuque; vice president, R, W. Sweeney, Galesburg, IIL; treasurer, T. S, Metealf, Cedar Rapids;’ secretary,” George 8. Shu- gart, Dubuque. Salary Timit was fixed at $500. ' The season opens May 10 and continues four months. The lengue comprises the fa lowing cities: Dubuqie, Davenport, Ce Rapids, Clinton, Burington, Waterioo and Marshalltown, 1a 3 and Galesburg, Il Pigoon Kace Up the Const. SAN FRANCISCO, March 12—-A pigeon race is being. arranged for next June, the arse to be from thig eity to Portland, or a distance of over 700 miles on the air line tion of dams and shore protection from | track. Southern birds have gone into train- Dubuque to Clinton under contract with | Ing for the race wit uls_m -‘“',“.," and ten Jachman, hias been kept up during the month Umow LheE B N e s ey and wilf continued during the current | {55 RYAL R, TADCIES or O D at 0 month, o'clock this morning. They are expected to Postmasters were appointed today as fol- | arrive at Portland in-4wenty-four hours. lows: South Dakoty—Bakerville, Custer | The pigeons will be sent to and from over county, Melvin Lucas, vice A. D. Enuis, re- | the alr line track at frequent intervals until signed. Towa—Genoa, Wayne county, W, T. | the day of the race. | Close, vice C. W. Heckerhorn, resigne Baldwin's Memphis String. F. B. Riley has been awarded the contract S, M for carrying mail between Devoe and Faulk- ton, 8. D., at his price of $176.7 AMERICAN CATTLE ALMOST FRE] rman Animals Show a Larger Porcentage of Disea Than Ours, WASHINGTON, March 12.—In reviewing an article by Veterinarians Boysen and Vol- lers on the importation of American beef cattle, the Hygienizche Rundschau, Hamburg, under date of February 15, » au- thors protest against the misrepresentations and fears which are scattered through the newspapers that tuberculosis exists in cattle in America to an enormous degree, and also that pleuro-pueumonia is still more prevalen and that the American stock raisers are forced on this account to ship thelr cattle to Europe at a merely nominal price. In Har burg fr the year 1889 to the present time there were in all 1,104 and in other German cities altogether 918 imported cattle slaugh tered. These animals were subjected to a careful veterinary inspection, not ouly before being slaughtered, but afterward as well It wae impossible to fine pleuro-pneumonia in a single case, while tuberculosis was pres- ent in ouly four of these animals. In two of the latter the entire carcasses were con demned, whils with the other two it was says LOS ANGEIL h 12-B. J. Baldwin has shipped the following horses to Mer vhis: San Diego, Bldorddo, Ray El Santa Anita, Arapahoe, Hapny Days, nica, Caracas, Rey Del (‘arredes Alamo. 'Santa Cruz; Lo Fles Lary Diamond, El Capitan, F Paloma, Auriola, Qnalasks Coronado, ‘Visalia, Queen Al gentine, Ramiro,” Falling W and Alvarado, «hanee for MeAuliffa e Mexico, CITY OF MEXICO, March 12 Carrol, In answ James r to Jack McAuliffe's sweep- ing challenge to fight him to a finish for the lightweight champicnship of the world claims that when McAuliffe bested him they fought out of class. The Mexican National Athletic club will hang up $5,00 for the con- test. Rival for By Diatrlet SAN FRANCISCO, March 12 Coast Jockey club, headed by ¥ and Adolph Spreckels, has been incorpor ind ‘work on the new track at Ocean will soon be commenced, - Grand Jury Not & ady Yet. AW YOI'K, March 12.—The extraordinary grand jury again disappointed the crowd that “The Pacific Corrigan e Slde the German steers to consider WASHINGTON, March 12.—There is some present laws relating to the cutting of timber gathered in the court foyer and terminer by not reporting today. After adjournment District Attorney Lindsey and Judge In- graham went to the Judge's private chambers. NOB HELD FULL SWAY (Continued from First Page.) This trouble had been brewing for a long time, as every one knows, at least the papers the condition of the stock as fully equal to | wonld seem to give that impression that of the stock rhfted on home meadow | General John Glynn, commanding the state lands. Boysen and Vallers sec a coming | (roops, was seen this afternoon by an Asso- danger in the American meat for the German | clated press reporter and asked what action producers for the German meat trade, which | the militin would take In case of frther is well founded, not'only on account of the | trouble. General Glynn stated he was en- lower price, but In the high standard of cat- | Baged in keeping Governor Foster well in- tle breeding and in the perfection of the | formed upon what was taking place here; that American caltle, THe nan stock raisers | orders received by him from Governor Fos- are advised to study the achievements of | ter Would not be disclosed, but that orders is- sued by himselt he could make public, but he had not given any, awaiting the commands of the chief executive. A visit was then paid to the British consu- lato on Carondelet street, between Canal and Common streets, The consul stated that Cap- taln Woods of the British steamship Engineer had called upon him in the morning after Purser Bain was shot, and made a statement of the fact of the shooting. The consul de. clined to make any statement as to what ac- tion would be taken T™H Leonard Mellard, INJURED DIE the negro who was ghot on public lands and for the disposition of | In front of the Sugar l‘\t;hilllrw‘»\'l““ morning, timber, not only upon the forest reservations, | 4151 &% the Charity hospila at 8:40 p. v - but upon other timbored lands. Secretary | piiih” etenmer Rngmeer la- comfortably | Smith sald that the eubstitute framed by |qittoh ot e moure milrmasy. 1118 swounds Senator Teller, which passed the senate about | are by no means so serious as they were at a_week before the final adjournment of con- | grg supposed to be gress, and which never recelved further con Anoter body has been identified as that sideration owing to the lack of time, was James, & colored laborer, satisfactory to the department with one or Bland, a colored laborer, who re- two exceptions, and these were of such a | gides in Algiers, crossed the river this morn- ing in search of work, and had just left the ngerous condition. The police, up to 8 o'clock tonight, had made but two arrests in connection with the riot. Mike Fitgpatrick and Robert Brooks, both white screwmen, were taken into cus- tody in the morning. Both men were wound- ed, Brooks in the groin and Fitzpatrick in the wrist, and are said to have been shot by their ‘comrades during the promiscuous firing. The prisoners were charged with in- citing to riot and were remanded to await a hearing. Calmly reviewing the happenings of the morning, everything would seem to indicate the attack to be a prearranged affair. It is rumored, and there is every reason to be- lieve the rumor correct, that a secret meet- ing was held last night and the bloody af- falr of this morning carefully mapped out. The details seem to be that the crowd of rioters who were sent up town were residents of the lower districts, while those who were sent down town were those who live up town. The guns and rifles which were used by the down town men who went up town seem to have been deposited in the various saloons along the levee. The men assembled somewhere in the vieinity of Nun street, and in a dense fog proceeded up the levee. It seemed to be generally under- stood that the guns used by the men who went down town were taken to some place. in the vicinity of the sugar refineries in a wagon and then were secreted until such time as they were required. It also seems to be agreed that in the preconcerted attack tho shooting should be done between 6:45 and 7:30 o'clock, at a time when the men would be going to work. NO FEDERAL INTERFERENCE NEEDED State Authoritles Considered Amply Able to Handlo the DiMeulty, WASHINGTON, March 12.—The United States will not send troops to New Orleans until it has been fully demonstrated that the city and state officials are no longer able to maintain the peace and protect the inter- state trafic. This determination was reached late this afternoon and telegraphed to United States Attorney Earhart at New Orleans. Mr. Olney, in speaking of the situation at New Orleans, sald that so far as he has been able to learn neither the city nor the militia or taken any vigorous measures to suppress the existing lawlessness. He had no doubt, however, of the ability of the local authorities to handle the mob if they really set about doing so, and in any event the government would not interfere until the situation was beyond the control of the state, aided by all the military force at its com- mand. The British officials here regard the pres- ent trouble in New Orleans as the outcome of racial agitation. The progress of the trouble is being closely observed by the British offi- clals, though they feel confident the local authorities in Louisiana are doing everything possible to suppress the diserder, and if the trouble passes beyond local control the fed- oral authorities will take such steps as are necessary to protect foreigners and Ameri- cans alike. If the offense was shown to be against Bain because he was an Englishman, it Is expected Sir Julian Pauncefote will de- mand an explanation. If, however, the man's nationality had no part in the affair and he was hit because he was in the mob, then no attention will be given to the incident. The action of the Italian government at the time of the lynchings is cited as the ruling mo- tive of the diplomatic aspect of the trouble. The lynchings were against Italians as such and not against a miscellaneous mob, includ- ing Italians. Altgeld Congratu'ates Olney. SPRINGFIELD, Ill, March 12.—Governor John P. Altgeld was this evening asked his opinfon regarding Attorney General Olney's negative reply to the request of the United States district attorney at New Orleans ask- ing for federal troops to assist in quelling the riots there. Governor Altgeld expressed some surprise that the national government should change its policy absolutely regarding the sending of troops Into states where troublo existed. He maintained the position he took last summer when federal troops were sent into Illinois. He eald Attorney General Olney was clearly right. He said in part: “This embodies the very essence of local self- government, and free institutions cannot ex- ist without respecting this principle. The country is to be congratulated on the fact that the government at Washington can have a lucid Interval. B Orders for Army Men. WASHINGTON, March 12.—(Special Tele- gram.)—Captain William W. Gibson, Ord- nance department, will proceed from Water- town Arsenal, Mass., to Providence, R. I, on business pertaining to claim made by the Builders' Iron foundry for work done in the manufacture of twelve-inch mortar car- age. N btain Willam ©. Rawolle, Second cav- alry, s granted three months extended leave; First Lieutenant Harry C. Carbaugh, Fifth artillery, fifteen days éxtended leave’ First Lieutenant John T. Thompson, Ord- nance department, fourteen days extel Plant Sm A PAI THE WORLD, O] Plant Steamship Liflg B. W WRISNN, ferry when the firing began. He received a load of shot in the body, and was taken | back to his home, where he now lies in a state authorities had called out the local, OF THE MOST SUPERB VI | Orchestral grand, 4 feet choice | and scarf.. 6 inchos high, 3 pedals, engraveu panels, ivory koys, continuous hinges, of walnut, mahogony or oak case, FOR AIFTEEN DOLLARS Down and $8 monthly you can buy a flne stool $185 | WHY PAY RENT Call on or addrees A. HOSPE, [ When you can have every dollar you pay right in your houses and thoreby make a savings bank of your instrument? 1513 Douglas ., Omaha, Neb. Jr line of \Qg‘ S showing the most complete and handsome Spring . «Suminer Woolens in the city, At prices to fit your purse. “BREVITY IS THE SOUL OF WIT.» GOOD WIFE! 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