Omaha Daily Bee Newspaper, May 8, 1895, Page 1

v e S - e R —— e ———— e B PR - s RIS TP A THE OMAHA DAILY BEE ESTABLI IED JU NE 19, 1871. — OMAHIA, WEDNESDAY MOR;NL\'(}, MAY 8, 1893, SINGLE COPY FIVE CENTS — | ARGUING FOR TAX ON RENTS! Uphold the Ocntention They Are in No Senso a Direct Tax, but a Duty, WHITNEY AND OLNEY PLEAD FOR THE LAW Ruling on State and Municipal Bonds Not Controverted by Counsel for the Gov- ernment—Keversal ot Poluts Asked For. on or bstly residence by the seaside, pays nothing under this law. ~The manufacturer or the railroad corporation, the very basls of whoss under this law on account of such real estate. occupled and used therefor, pays nothing under this law on account of such real estaet It is Impossible to contend, therefore, that this law contemplates real estate as such as the subject of the tax imposed by it. If th could be a possible excluded by the doubt on that point enumeration of the s it is WASHINGTON, May 7.—The second hear- Ing ot the income tax case in the supreme tourt of the United States began with Assist- ant Attorney General Whitney in the midst of his argument for a reversal of the former opinion of the court on the question of th validity of a federal tax on incomes derived trom rents, All the seats on the bench were again occupled today as yesterday, and the visitors crowded the limitel space of the court room theugh not to such an exte yesterday. Mr. Whitney began by explaining that historical brief which he had 4 ye terday had not reached him from the printer and sald that he had already gone almost as far in‘o the question as he should in quoting English precedents orally, and in giving tie facts as to the meaning of the varlous words and phrases used in taxation. He statement of facts would be his principal ar- gument, and he believed that in a case of the character of the income tax cases now argument the facts were the best argument that could be made. He claimed that the weight of cvidence was to the following ac- promis count; 1. The word “duty” had a legal definition. The phrase “direct tax had none, but was borrowed from political economy. 2. A rpecific personal property tax, a spe cific real property tax and a specific incone tax werc each a duty within the meaning the constitution, A general tax on all per #onal property at a valuation was not a duty, imjost or excise at all, nor was it a direct tax in political economy. 3. A specific real property tax would prob- ably have b considered to be direet tax. 4. A gencral inccme tax, properly so called, was unkinown at the ti of the constitu- tion, but was a duty within its meaning. 5. A specific personal property or specific tncome tax was a duty and not a direct tax. EARLY TAXATION IN THE STA Taking up the American system of taxa- tion at the time of the revolution, he said devoid of uniformity and very difficult ssification. It could only be thoroughly by going through the statutes of | of the thirteen states, as he had gone through these of Great Britain. He frequent] o from the report of Secrotary of Treasury Wolcott, made in in which that official states that the system was entirely different in the various states, and some of the states were almost without any form whatever. In North Carolina, for instance, lands were taxed uniforn, in South Carolina by dis- tricts, and in Virginia by a classification of couties. He directed especial mention to Wolcott's report, saying that his Jlana- tion was clcar and while he, did not use the term dircct taxes in its legal ng, he gave it the meaning of the political econo- mists and it was thercfore valuable. He said there had been no income tax in any of the states prior to the convention unless it was in Delaware, and concerning that state there way apparently doubt. The system in use in most of the states was that of rating land for tax purposes at an annual valuation Summing it up, he said the main result of the examination of the system in the various states had been nezative in character and had #hown first that the systems were so differ ent and that it was hard to determine Low they 4id lay heir taxes, and secondly, that there was no settled meaning to the word “duty.” The same tax was a duty at one place and an excise at another Mr. Whitney argued at show that the present income tax is not a tax imposed upon land nor upon rents, be- cause they are derived from land, but upon property of all kinds accrued to the owner within the year, irrespective of its source. On the question of uniformity he said he had nothing to offer that had not been given in the original hearing, but he repeated some of these for the purpose, as he said, of setting the opposing side right as to the posi- tion of the government TAXING OF CORPORATION Mr. Whitney contended against the theory ot personal uniformity as intended by the constitution. He argued that ko far as cor- porations are concerned, the theory of indi- vidual uniformity wouid not be applied to them. In estimating the profits of an indi- vidual no account was taken of his time; he @id not pay himself for managing his own business; yet corporations paid salaries to thelr officers for managing the business. In considering the matter of the fairness of the exemption of incomes below $4,000, Mr. Whilney asserted that the court had never assumed to declare that congress had in any case exercised its discretion in any matter unreasonably and intimated that it would never go to that length. It appeared to be the undercurrent of Mr. ‘Whitney's remarks that the government did not contend that the exemptions of certain classes of corporations were just. He re- ferred to authoritics, however, to show that the supreme court lad held that individual corporations might be exempted by name even from taxation. Mr. Whitney finished speaking at 2:20 p. m., with a very brief peroration, and Attor- ney General Olney addressed the court length to The attorney gene said: “I fully ap- preciate the liberality of the court both in according this rehearing, and in the matter of the time allowed for argument. I realize at the same time that it cannot be fairly taken advantage of merely to relterate con- siderations already fully presented, and that it shall be availed of only for new matter now proven to be important, but which, so far as the government !s concerned, has thus far been practically untouched. The present posture of the case I conceive to be this: The contention of the government at the former hearing was that the validity of a general income tax could not now be drawn in ques- tion, being conclusively settled by repeated adjudications of this court, as well as by the upiform and long continued practice of the other departments of the government. That cortention has been sustained, though, by an equally divided court, with two exceptions. One related to the Income of state and munieipal securities, and presents a question upon which I do not ask to be reheard at this time. The other relates to rents of real estate in respect of which the position of the court is that they are not embraced within the scope of the previous decisions. The con- clusion is one of which I am unable to feel the force or appreclate the justice, and as the question is of immense importince to the government, politically and pecuniarily, I shall consume a few moments In respectiully urging its consideration. IMPORTANT DISTINCTION, “It is important to bear in mind the pre- else question. It is not whether there may not be a tax on rents, which must be deemed to be a tax on the land producing them. 1t 18 not whether a land tax wmeasured by rents or rental value may not be the most efficient and most scientific way of taxing lands. The question is, does this income tax law create @ tax which is necessary to be deemed a tax on real estate? 'or answer, the best source of Informa tlon s, of course, the statute Itself. The most superficlal examination shows that no real estate tax as such is Intended by con gress. It it had been, there would have been a provision for the appraisement, by rental value or otherwise, of vacant and unproduc- tive land. If it had been there would have been provision for appraisement by rental value or otherwise of houses and grounds which are occupled as homesteads and for purposes of private enjoyment and pleasurc ““The owner of vacant, unproductive lands held for investment or peculation, they be city lots or thousands of unimprovel scrée, pay. othing under thia law on ac- count of such lan The millionaire, with & $500,000 mansion in fhe city and an equally 1 his | under | shown | whether | of the tax contained in section 23, Bach and every one fs personal property, and so care- fully s the distinction observed that when the clause imposing the succession tax is reached 1t Is expressly limited to “money and the value of all personal property ac- quired by gift of inheri 3 Such’ belng the unm purpose of the law, is it true that congress has stulti- | fled itselt? TIs it true that it has managed {to do the precise thing it meant to avoid doing? That is supposed to be the result because a tax-pa the constituents er's rents are placed among o his taxable income. But the inten of congress is be and effectuated if possible, and its inclusion of rents in taxable income is not to be suf- fered to defeat that intent If any legitimate view of the statute will prevent it. Can such a view be taken? 1 respectfully submit not only that it can be, but that it should that it is the only reasonabl nd just view. The opinion of the court deals with the case as If rents were the only subject of the in- come tax law. That is not, I submit, the true way of looking at the matter. But sup- pose it to be adopted, what follows? We then have a statute dealing with landlords as a class, taxing them because of their voca- tion of landlord and measuring the tax rents actually received )T A TAX ON A CLASS. “The statute, however, cannot properly be | looked at in that wa It is not a statute imposing a tax upon a particular class of per- sons, namely, landlor respect 1o a par- ticular source of incom, rents, 1t is a statute, special exemptions béing not now considered, taxing all persons having incomes | Irrespective of the sources of incomes. by | “The tax payer pays this year according | to his money spending ability of last year, | and it is enirely conceivable that a man who this year does not earn a ccnt and is without a ‘cent of property, real or personal, may, nevertheless, be assessed on hundreds of thousands of dollars of Income actually received by him last year. Yet this is the sort of tax which s called a tax on real estate, for no other reason than that last ¥e rents form part of the yardstick by which this year's money measury | not spending capacity is 1. A greater error, I submit, could easily be committed. f the distinction between personality and reality in the matter of taxation is made by the constitution itself—and that is the neees- sary assumption of the argument—wliere does this court get the authority to set it aside a matter of form? No such authority exists “It may be a tax upon personalty in the shape of rents is the same thing to the | landlord pecuniarily as a tax on the land itself. “But landlords are not the only parties concern The whole people are inter ed since to them it is of the first importanc | that the constitution should be respected in its entirety, i that no branch of the gov- erpment should undertake to deal with any part of it as mere matter of form. NOT APPORTIONABLE IN ITS NATURE. “It s intimated that, logically speaking, if a tax on real estate s a direct tax, so is a tax on personal property, and that if a tax on rents is a tax on real estate, so is a tax on interest and dividends a tax on the capital producing them. In 1796 the fathers of the republic said: ‘Here is a constitution of gov- | ernment—not a metaphysical treatise. It de- clares certain taxes must be apportioned,’ The tax before us s not in its nature appor- tiorable without violating every principle of taxation, therefore it is not a tax which is required to be apportioned. “If this rule of 1796 were now to be fol- lowed the cases now at the bar would pre sent no difficulties. In lieu of it, however, and the flagrant inequality of the working of the new doctrine being fully admitted, what we are presented with is the suggestion that it 18 not for current every day use, but Is to be applied only in extraordinary emergen What is the value of this suggestion? Legally speaking, nothing, of course, “I' will not prolong the oral discussion There are important questions, of course, to which I have not spoken, but they were cither argued fully at the former hearing or have been completely covered at the present time by the able and learned argument of my! associate. I leave the case to the court therefore, at this point, feeling sure of this at least, that if any consideration which could help save to the government the integrity of one of fts most important powers has falled to be developed, the faflure cannot be at- tributed to any want of appreciation of the case, nor any intention not to give to it the most careful attention and study.” Mr. Olney concluded at 8:10 p. m. and was immediately followed by Mr. Choate who began the concluding argument for the appellants in the case, Mr. Choate’s manner of fntroducing his re- marks was strikingly peculiar. He began as it in the middle of a sentence, or as if he intended to complete a sentence began an‘l unfinished by either Mr. Olney or Mr. Whit- ney. “But,” said he, “if the court please, we are in a court of law and the court of the constitution and not engaged in a masquer- ading performance. Nor are we a political assembly, as Mr. Whitney seemed to think. in whose presence his chief (Mr. Olney) might be proceeding for an amendment of the con- stitution to get rid of what he calls this effete doctrine of apportionment.” “Why Is it.”" as asked, “that the country is holding Its breath for the decision on the second hearing of this case? Why are the people from end to end of the country so eager to hear the definite, and, let us hope, the final, verdict in the case The reason is found in’ the fact that the entire country is deeply concerned to know whether the safe- guards which had been so dearly purchased by our fathers were to be preserved to the present and future generaticns or be trample under foot and denied to us.” Mr. Choate then began his real argument saying as far as practicable, he would take up the question where it had been left off by the former decision. He did not intend to surrender any advantage gained by the former decision and would regard it as set- led and fixed that incomes from municipal and state bonds could not be taxed, With the point as to public bonds settled all the conundrums involved were answered, leaving the political questions to take care of themselves. The decision meant that the court conceded the inherent right of towns counties and states to borrow money and that the federal government could not inter- fere with this right by crippling and weak- ening instrumentalities of their credit. Mr Choate ridiculed the position of the govern- ment that a tax on rents was not a tax on land. The decision already rendered met this objection completely. A most careful brief had been filed on the question of direct taxation. The government had made the best answer ft conld and that answer was not much, and Mr. Choate added: “What is Mr. Whitney's idea of a direct tax? Obviously he has none. He sald there was no such thing. Dutles had always been synonymous with taxes.” It had been the fortune of the su- preme court to decide great questions on narrow phases. ‘I'ne constitution was a con stitution of enumerations, not definitions. The constitution did not define a direct tax. At this point the eourt adjourned and Mr. Choate will couclude his argument tomorrow Now Fourth Cluss I WASHINGTON tinoaters. May 7.—(Speclal Tele- gram.)—Postmasters were appointed toduy as follows: raska--Dix, Kimball county B. K. Bushee, vice Henry Vogler, res Towa--Californta, Harrison county, Wise, vice H. R, Coulthard, resign senn,’ Cass county, Mis cina IZmig €. M. Dodge, remove Davis coun James Plckens, vice W hreyve, resig South Dakota~Nashvi Hurding county Miss K. B. Stokes, vice . Whi | Robey, Aurora county. J Burbara Duster, resigne 10t xumine for Promoiion N, May T.-A lowrd from the surgeon artment to meet at Denver May 14 | examine Captain Louls W. Crampton for motion. The board eonststs of Lieuten- Colonel David L. Huntington, Major K. Curson and Major Augustus A. WASHINGT bee has detailed general's Joriph ! Deloftre recognized | MORTON RECITES HISTORY Reviews the Coinage Legislation of This Country for a Colorado Gentleman, TRANSPOSITION OF CAUSE AND EFFECT Business of the World Too Vast to Transacted with Coln—By Far the Greater Portion of it Done Credits, Be on WASHINGTON, May 7.—Secretary Morton has written a letter to James A. Cherry of Denver, Colo., in reply to a letter from that gentleman criticising some statements in the interview with the secretary of agriculture printed a couple of weeks ago, which caused s0 much comment. It is as follows: ““From your letter of April 22, 1895, it appears that you and me perfectly agree in the funda- mental point, namely, that demand and sup- ply Inexorably regulate all values whatso- ever, at all times and in all places. At what 1o do we beg from each other, and then conclusions & utterly diverse? the first s in to %0 These points are only two separate to histerical, and the second logical. “1. You assumed certain propositions to be true of silver which are not hi:torically true at all, but quite the reverse of true. You , for instance, ‘until 1873 the chief use of for coinage.’ It had other uses, but the demand for it for coinage purposes was steady and constant. On this point you have been monstrously misinformed. The first federal coins of silver were minted in 1794, and of gold in 1 Their ratio was recommended by Alexander Hamilton and fixed of congress. It was 15 to 1 silver was 1t was hoped thus to keep the two metals in equilibrio not would ratic, on the coinage. But even come into equilibrio in 1 less would they stay there. they that “Only 321 silver dollars pieces were coined the American mint in the entire year of because the silver was worth more of the coinage than in it, and worth more for export than for domestic mone: What was the matter with silver dollar: Nothing, only they were too valuable. May 1, 1806, there came an order from President Jefferson to the director of the mint at Phil- adelphia ‘that all the silver to be coined at the mint shall be of small dencminations, to the value of the largest pieces shall not exceed half a dollar.” SILVER WAS EXPORTED. “The reason given by the president for this order was that ‘considerable purchases have been made of dellars coined at the mint for the purpose of exporting them, and it is probable further purchases and exporta- tions will be made.’ The coinage of sitver dollars thoritatively suspended at the American mint was not resumed for thirty years. In these fow facts, which are official and unquestion able, behold the beauties and advantages of a double standard of the ‘unlimited coinage of both metals' in an enacted and constant ratio with each other—of two yard sticks of different lengths to measure cioth by in the same market. “By the law of 1834 the ratio was sub- stantially put at 16 to 1, but this was going too far in the opposite direction. Gold was not worth in the ratio of 16 to 1 in silver in the markets of Europe. Consequently the international current of the metals was now for a time reversed, silver passing in preference abroad to liquidate the balanc of trade and gold coming in small quanti- ties to the United States, where it was more than 3 per cent dearer in silver than in Burope. By 1853 the immense disad vantages of a ‘double standard’ had become 0 plain to all thinking people that congress wisely determined to abandon the utferly futile attempt to secure the ‘parity of the two metals’ and to make gold the legal ten- der for debts, except for sums of $5 and er. ‘In’the second place, Mr. Cherry, instance of an historical assumption trary to facts and natural inference, me respectfully to call your attention’ to the use, in common with many of the bimet- allists, so-called, of the date 1873 as the time of the ‘demonetization of silver.” Un less I am mistaken, the silver dollar is not mentioned at all, one way of the other, in the act of 1873. All the demonetization of silver, as I understand it, that ever camc about’ in this country happened in the law of 1853, after open and full discussion, and practically with unanimity, when congress introduced the subsidiary silver coinage, of which a nominal dollar's worth weighed 6.91 per cent less than the silver dollar, and also took away the legal tender quality of all silver in payment of debts of over $5 in amount, thus au- as an con- LOGICAL FALLACIES. 2. “You employ over and over again in your letter the most common logical fallacies that enter into the speech of argumentative men everywhere, namely, putting cause into the place of effcet, and assuming that because one thing happened after another in point of time, therefore it was the result of that other. Let us look candidly together at the two or three instances of this taken almost at random. You ask ‘What creates demand?" and answer ‘Use.’ I ask, in my turn, ‘What «reates use? anl answer ‘Demand.’ “Why is it there is little ‘use' of silver dollars in this country while there are mil- lions upon millions of them lying ille. 1 an- swer confidently because there is no adequate demand for them. Have you not innocently, but badly, mixed up ‘cause’ and ‘effect’ in this case? Demand, In the commercial sense is nothing but desire for something on the part of one man. counled with his willingness to y something for it, satisfactory to the other, who owns it “Us' of that s, only follow: thing, no matter what it the demand for it. You have helplessly put the cart before the horse. What is the sense of clamoring still for ‘unlimited coinage’ when the treasury cannot get rid by hook or crook of those ‘already’ coinel and lying in useless heaps. They are well minted, of just weight, nine-tenths fine, are legal ten: der for all debts and bear the legend ‘In God we trust.® “What afls them? T answer, and so must you on reflection: There is no ‘demand’ for them, and, therefore, na ‘use’ for them. What morc can the law do for them? “It may be, my dear sir, that in your study ot finance, you overlooked in whole, or in part. the momentous fact that all but'a mere fraction of the world's commerce is mediated by instruments of credit, and not by metallic money at all, whether of gold or of silver, and that by far the most essential service of money in this age of the world is to furnish a steady measure, “Mr. Eckels, the comptroller of the cur- rem has made it known by careful in- quiries instituted through this department that about 50 per cent of the retail business of this country is achieved by means of checks drawn on local banks and cleared by the banks with very little use of coins. The relative employment of these instruments of credit is constantly increasing through the multiplication of banks and otherwise, Of course, also, the quantity of coin money re- quired’ to do the business of the world or of any advanced country in the world is steadily decreasing relative to the business done, Airmed the Commiss’oner’s Decisia WASHINGTON, May 7.—The secretary of iterfor has affirmed the decision of th {ssloner of the general land office in of Charles Graham against the Archibaid Campbell and the Great Falls, Mont, Water Power and Townsite compi rejecting the application for con- firmation to Graham of th= valuable lands, omprising the tract involved. Graham luims he has acquired the lands by vested rights, a contention overruled by the depart ment. the Assistant Melter at Carson Mint Relleved, WASHINGTON, May 7.—The superintend- ent of the Carson City, Nev.,, mint has re- Meved J. T. Jones, the assistant melter and refiner, and has asked for Secretary Carlisle's approyal of the action. The removal will be approved. E LED THE HIRSCHFIELD SE His Wife to e Allowed a Divorce and 830,000 Allmony, HELEN Mont.,, May 7.—Della Hirsch- field, formerly cashier in a dry goods store, who married Aaron Hirschfield, a rich banker, Is to get the sum of $30,000 because he was enticed away from her. She is also to be rid of an unwilling and somewhat aged husband. Hirschfield left his wife ;two months after they returned from Chieago, where they were married in the fall of 1893, e went to Fargo, where he Instituted suit to have the marriage declared vold, alleging he was en- trapped into it by threats and misrepre- sentations. The trial at Fargo last Novem- ber resulted in a complete yictory for (he yeung wife. Meantime she had instituted suit against her husband’s father, Lewis Hirschfield, banker, and his wife, for alienating the affections of her husband. She claimed §75,000 damages. Before a jury had been secured Senator Carter, ex-Senator Sanders and Judge Me- Connel, representing the defense, and Colonel 1 €. B. Nolan, ex-Governor J. K. Toole and William Wallace, representing the plaintiff, had a consultation in which Hirschfield took part. At ite conclusion Senator Carter an- nounced to the court that by consent the counsel would like to have the case con- tinued two weeks, and that there was little probability of its being tried, an agreement having been reachied. The jury was, there- fore, discharged. The terms of settlement are $30,000 and consent of Aaron Hirschfield to a divorce. His wife's suit for divorce will be allowed to go by default and the $30,000 agreed on will be settled upon her as ali- mony. When the damage case is again reached it will be dismissed, ‘Aaron Hirsch- fleld is now in Chicag it HYPNOTISM AS A CURATIVE, Paper on the Subject Amorican Mediesl Kend Ass Before tation. the read a paper on “Hypnotism." He said, in sneral impression that hyster- persons are those chiefly amenable to hypuotism, is an idea that T must dissent from. 1 Have hypnotized land,” Africa, China and v of the globe, and hysterical element somnia, I Know hypnotism, Lately patients in Ir Jus other parts not found that the For in- equal to consid has becn siid about the use of hypiotism in dip- a_and alcoholism. ‘T have found it of value in_these and have been to cure % per cent of my patients. When I say cure, I mean those who have gone three years without returning to their old habits. "I had one relupse after three years, and one after three vears and three months, It is useless to to cure your patients unless you are fully convinced they honestly desire to be cured. With the drug habit, T have had about the same good re- sult. 'Laws should be enacted regulating the practice of hypnotism. Such la and stringent ones, o it in most civil- ized countries todlay. All public demon- strations of hypaotism should be suppressed by legal action.” of no. re Thedifferent scctions of the assoclation were in scparate sesslons in the afternoon. ol Sl SOLDIERS ARE FORCING SIGNATURES Armenian Women nnd Children Tortured Into #xoneratiug the Turks. LONDON, May 7.—The Daily News today publishes advices received from its corre- spondent at Kars, saying chat 800 of th survivors of the recent massacre in Ar. menia, who returned to their homes under promise of protection from the Turks, are belng daily persecuted and tortured at the hands of the Turkish officials, supported by gendary For two months, it is added the officials have tried to force the refugees to sign an address of thanks to the sultan, stating that they have met with only kind" ness at the hands of the troops, that all the trouble were caused by the Kurdish raiders and that the sultan’s troops took no part in the slaughter. Those refusing to sign the address are beaten, placed in chains and are suspended for hours by their feet. Women were outraged, children were shamefully treated and the soldlers dragged women and girls and forced them to sign the address. PALMER'S Case Adjourned by Justice Jeune on Sus- picion of Coltusion. MINNE DIVORCE BUIT LONDON, May 7.—The suit of John R Rogers for divorce from his wife, Minnie Palmer, the actress, came up for hearing today before Justice Jeune, who being still suspicious of collusion, again adjourned the case. Mr. George Lewis, who was Sir Wil- liam Rose’s attorney when Rogers brought his previous suit against his wite and made Sir William co-respondent, testified that Rogers demanded £10,000 damages. | Mr. Lewis added that he had a letter from Rogers to an Amer- ican, In which the former @aid it would be worth Sir William's while to pay him £10,000 to leave the country. Rogers, it appears, also threatened to take the life of Sir Willlam Rose, and made every effort to terrorize him. Mr. Lewis here handed the justice a pack- age of letters and telegrams sent by Rogers to Sir William Rose Rev. Jonathan xpelled. DUDLEY, Eng, May 7.—The Primitive Methodist conference held here today passed a resolution to the effect that ‘‘considering the character of Rev. Jonathan Bell's crima, the shame which it brings to our fac:s, the sorrow to our hearts, and the sad publicity given to the terrible faets, the conference can- not accept his resigngtion, but expels him from the ministry and connexion.” The whereabouts of Mr. Bell, who disap- peared from Blackhegth shortly after the death of his victim, Miss Emily Hall, in a lying-in hospital at Detroit, Mich., became known, are still unknown to the police. Servia I'rifting to Bankruptev. LONDON, May 7.—Advices received here from Belgrade indicate that Servia is going bankrupt. The poplaee Is sald to be clearly 1n favor of repudiation, and the government I8 spending momey imvishly. The Skupstchina last eveping /granted an an- nual pension of (15,08 to ex-King Milan, and court balls, dinders asd all kinds of festivities on a’ scale of, magnificence un- known for years are im fi %, The town is being profusely d for the tri- umphal reception of ¢x:Queen Natalie. S¢ptember % Not Pleasant. LONDON, May %A dispatch to the Standard from Rome eays that the papal nuncios have recelved orders to inform the natiuns to which tiey are accredited that auy messages of congratulations, or any par- ticlpation in the September feasts i honor of the twenty-fifth anniversary of the Ital- ian entry into Rome, will™be considered in- Jurious and insulting to the pope and the holy see. There Is LONDON, No Sach Meeting in Prospect. May 7.—The agents here the Deutsche bank &new nothing of intended meeting in London Wit the object of purchasing Pacific holdings, and President James J Hill of the Great Northern railway, who was reported to be coming here to be pre ent at he meeting, has not arrived, so fa, as known. The agefits do not beliéve that any meeting is contemplatec of an or elsewhere its Northern Passengers for th LIVERPOOL, May 7.-Th liner, Majestic, which salls for New York tomorrow, will take among her passengers Sir Roderick Cameron and his daughters, Misses Kittie and Anne, Charles F. Crocker, vice president of the Eouthern Facific rail® way: Mr. Forbes Morgan, Mr. and Mrs. F. W. Sharon and Mr, Ansin 8. Btokes. Jentie. White Star Nir . rederick Leighto LONDON, May 7.—Advices ‘received here today from: Alglers anmounce that Sir Fred- erick Lelghton, president of the Royal acad- emy, who has been ill for some time past, s now in such a serious condition that hopes of his recovery haye been abandoneds Dyinz. BALTIMORE, May 7.—The first session of the American Medical association opened with prayer by Bishop Paret. Mayor Latrcbe extended a hearty welcome and freedom of the city to the delegates. address of President bonald McLean of Detroit followed. He referred to the use | of anti-toxine as foreshadowing a_revplu- tion in the treatment of Infectious discases, Dr. Willlam Lee Howard of Baltimore RUSSIA NOT YET SATISFIED Will Not Consent to Even a Temporary Occupation of Port Arthur, DIPLOMATIC CAMPAIGN IS ANTICIPATED Japan Reported to Be Recelving an Addl- tional Eifty Million Dollars In Place of the Occupation of Port Arthar, LONDON, May Qispatch to the Times from Paris says that Japan has sur- passed the hopes of the fgiends of peace and even the conditions arranged by Russia France and Germany, Like every power who knows its own mind, Japan is prompt in her resolutions, and does not seem to desire to prolong the controversy by the adopticn of half measures A St. Petersburg dispatch to the Times says that Japan's reply to the powers, re- nouncing definite possession of Liao Tong peninsula, was received with surprise. Much attention is given to the words, “definitive pos fon.”” If they mean the temporary p session of the peninsula until the.indemnity shall have been paid, Japan's answer is not likely to end the matter. While averting war, it will be only the beginning of a diplo- matic campaign. In an editorial the Times says: “We wel- me Japan's decision with satisfaction, as removing a danger to the peace of the far ea implicated in a struggle with Russia, the nedce of the world would have been feopar- | The Times tolay says t that in consideration of Japan | of the Liao Tong peninsula it abandonment she will receive an additional indemnity of £10,000. | The Standard sa rhere is a feeling of relief through Burope. Japan's consent | to forcgo her demands ghow that the mini ters of the mikado are as prudent in counsel as his generals and admirals were bold in | YOKOHAMA, May 7.—The Tapancse g nment has unconditionally relinquished all m to the Liao Tong peninsula in ac- cordance with the request made by Russia, | France and Germany CHEE FOO, May 7.—Count Tto, president of the Japanese council of ministers, arrived | hiere today in order to be present at the ex- | change of the ratifications of the treaty of | peace. PARIS, May 8.—The pr s, generally speak- |ing, is satisfied with the course Japan has {adopted in regard to the remonstrances of { the powers as to the terms of the treaty of peace with China. Naturally, are a few dissenting voice for instance however, there The Lanterne, says we shall be the dupes of Russia unless the agreement of the three powers also applies to a settlement of the Egyptian question, and Russia returns on the | banks of the Nile the service she has just re- celved from us.” FOR OSCAR WILDE, ASKS FAIR LAY Rev. Stowart Hendl to secure n LONDON, May Wilde was re- leased on bail today after furnishing two per- sonal bonds for $12,500 and two sureties for $6,250 each. His sureties were Lord Douglas of Hawick, eldest surviving son of the mar- quis of Queensberry, and Rev. Stewart Head- lam. The latter is a graduate of Cambridge university and resides at Hyde Parke gate. He was interviewed when it became known that he had become one of Wilde's bondsmen and said: “I became surcty for Oscar Wilde on public grounds. I felt that the public mind was prejudic:d before the case began, and I am anxious to give him any help possi ble in order to enable him to stand trial in good health and apirits.” At 2:30 p. m. Wilde was driven in a cah from Holloway jail to Bow Street police court, where his bail was formally accepted Then, in company with Lord Douglas of Hawil, Wilde left the court. MBERT Goes quare T —Oscar "S NARROW Train Derailed by an n the Track, , May 7.—King Humbert and Queen Margherite had a narrow escape from death today. Th:y were on their way by rail in a special train from Florence to this city at- tended by their suites. When near Incisa lake there was a violent shock, one of the carriages was derailed and everybody on board the train received more or less serlous concussions, An obstruction of some descrip- tion, it appears, either fell across the track or was placed there by evil-minded persons Several members of the royal suite sustained slight injuries, but the king and queen escaped with nothing more serious than a bad shaking up. MAY FIGHT FOR EITHER SIDE. KING SCAPE Italan Ro; on- China Sends Unreliable Soldiers to Formosa to Enforce the Treaty. - HONG KONG, May T7.—Five thousand troops have started from Canton for the Island of Formosa in order to suppress the expecte} opposition of the Black Flags to the occupation of that island by the Japanese ac- cording to the terms of the treaty of peace between China and Japan. Many of the troops are unreliable and liable to join the Black Flags. b Corinto A, n OUpen for St COLON, Colombia, May 7.—The lines have n notified on Nicaraguan government that Corinto, which was declared the British occupied it, is now of mers. steamship behalf of the the port of sed when n for the arrival and departure of steam and sailing vessels The Nicaraguan authorities at Blueficlds are hastening extensions of the fortifications on the bluff at that place. It is believed that this action is due to the fact that the deposed chief, Clarence, now a_ British pen- sloner at Jamalca, has asked Great Hrituin to take steps looking to restoring him to authority. Queen In London for w Drawing Room. LONDON, May 7.—The queen arrived in the city today in order to hold a drawing room, which was announced for tomorrow at Buckingham palace. Enormous wis of people lined the route from the Padding- ton ralroad station to the palace. Her majesty walked to her carriage, assisted by her Indian servant. The widow of Senator Hearst of Califc will_be pregented in the diplomatic tomorrow. In the general circles Mi ace and Bertha, duughters of Mr. Howard Potter, Mist Koby of New York and Mrs. Walter Winans will” be presented Maceo Derniled a Train, HAVANA, May 7.—-Dispatches received here say that great indignation has heen caused In the provinces of Santiago de Cuba by the fact that Antonio Maceo, the Insu gent leader, has Temoved the rajls of the railroad near Cristo, causing the deraliment of u train and the'injury of a number of people. Collego Principal's Sulcic MONTREAL, May 7.—-Rev. Willlam Hall, principal of the French Methodist institute at Westmount, a suburb of Montreal, shot himself today. He had been in ill health He was 68 years old, vely popular and leaves a wife and four children, the eidest of whom is studying in Paris, Dowager Duchess of Roxburgh Dead. LONDON, May 7.—The dowager Auchess of Roxburgh, widow of the sixth duke of Roxburgh, who dicd in 1879, I8 dead. She was a daughter of Licutenant General Sir James Charles Dalbias, K. C. G.. and was @ lady in walting on the queen. They were married in 183, To ate the Cunai, BERLIN, May 7.-1he Welchstog today definitely passed tne waliic & Nortl £ea canal festivity fund of 1,130} marks, the soclal democrats alone opp $0g it Giralda Will Come Howe Soor LONDON, May 7.--Mr. F. McCulmont's steam yacht Giralda will leave for New York directly after the Cower regatls Had Japan allowed herself to become | is reported | MPAIGN TO BE FOUGHT ON SILVER ix-Senator Martin Says There 1s No Other Possibliity. SAN FRANCISCO, May BEx-United States Senator John Martin of Topeka, who has been for many years an interesting figure in Kansas politics, arrived in the city yesterday The senator, whe A democrat, speaks In no uncertain way on the sitver questic He sald: “There cannot be the slightest oubt about silver being the leading ques- nin the next campaign. Can you imagine any other question of importance? The tariff is out of the way. If the republicans get control of the next administration there may be a little revision of the tariff, nothing essential. They cannot fight a c paign on the foreign y. That I a qu tion that could not of importance except in time of war, Having these ques tions out of the way and having no local issues that can divide the parties there is no tion left except the silver question ald parties will do as they have always done and adopt a platform which can be read both ways and make nomina tions to fight it. At the democratic conven- tion they are going to have a row. Two thirds or more of the convention will be composed of silver men, and it will adopt tform In favor of the free colnage metal on the ratio of 16 to 1 and inate a ma sympathy with that but not Mr. Cleveland. He has honest and fair and consistent with all his preaching. He never was a silver man “In case the democrats and republicans both adopt platforms und make nomina- tions in favor of gold there will be some sort of an independent movement—some- thing like the Sibley movement—for silver and “silver only, and I bilieve the popu- lists will endorse it and lay aside for the time their other issues If the democratic party does not adopt a platform in favor of free colnage of silver it will _not ecarry a single state in the unfon. Senator Morgan of Alabama told me lately that on any ‘other sort of platform the democrats would be swamped by the populists even in that state, Senator Harris thi of ¢ 1 me Cooper of Tennesse »aniel of Vir ame thing orgia and — INDICTMENT Judge Brown Refuses the Writ of Re, on n Leehnleality. YORK, May 7.—Julge Brown of the States circuit court handed down his deciston today denying the application of United States District Attorney McFar- lane for the removal of Collis I Hunting- ton to California under an indictment res) cently found against him for an alleged violalion of the Interstate commerce act of 1887 in fssuing a free pass to one Frank M. Stone in_California.” The notion was Couldert Bros, and Frank Max- Iiverett, Huntington's lawye :¢ Lrown denies the application on the and ia. HUNTINGTON FAILS val NT Un v ed opposed by 1] w dl grounds that “the indictment is fatally de- fective in not averring that any use was ever made of the pass, or that any trans- portution was ever furnished uider it Where the indictment i bad in substance, no removal will be granted.” The judge holds that the’ varlous provi sions of the act itself and the rulings and adjudications of the Interstate Commerce commission leave no doubt whatever that the act is intended to deal with transporta- tion, and that nothing in the act mikes criminal the mere issuitg of free tickets or pit that are never LA free ticket or pass not uscd is not transportation, and i not a preference or advantage to the holder, nor any prejudics or disadvanta to others, “This precise point wus adjudged by the Inter State Commerce cotamission in the case of Griffe against the Burlington Railroad company, 2 int. comp. rep. (N 137), p. 801. No other adjudication has ever been made. 2 In_conclusion, Judge Brown sayi ases eited by the government from the reports of the Interstate Commerce commission show on examination that they all deal- ing with ‘free carriage’ and ‘free trans- portation,’ not with mere free tickets. This indictment by describing the ‘free pass’ as A writing, prevents any possible construc- tion of the words of the indictment in the unlawful sense of free transportation, and as it does not charge any transportation, it is not sufficient to put the defendant’ on t and therefore, the application of re- movil must be denfed.” —————— BROWN'S SLAVER ON of the Victims Decline e Procecding: —Th* exam niug trial Arcu TRIAL Kelatives of Both o Take Fart LOUISVILLE, May of Fulton Gordon, who killed his wife and Arch Dixon Brown a week ago, was up today in the city court. Colonel Jumes An- drew Scott of Frankfort was present at the request of Governor Brown, simply to hear the evidence, and not with a view to further action. Mr. Marmaduke Bowden made u statement on behalf of the Dush family, in which he declared it was their intertion to take no part in the trial. The evidence pro- duced today was in fubstance the same as already blfshed regarding the tragedy There was a_hot argument over the admis- sion of Gordon's statement after the kill- ing, Gordon's counsel claiming that he was condition, both mentally and not to’ be able to make an ent’ statement. The ecution con- that all the evidence went 1o show ordon had act:d_coolly and dell and that his confession to the police officers, under the laws of evidence, should be admitted. Judge Thompson sald he would take the question under considera- tion until tomorrow. The trial was then adjourned until 2 o'clock tomorrow. ———— GOVERNOR STATEMENT MORRILL'S Vouchers Were Issned for Work Actu Done for the State. TOPEKA, Kan,, May 7.—Governor Morrill has returned to Topeka, but no warrant of arrest has been sworn out. Attorneys for Warden Chase still insist, however, that the arrest will be made. Referring to the vouchers, which are causing him all this trouble, Governor Morrill said: “The em- ployes In the office came to me and sald they ought to be paid for the work done for the State prior (o0 inauguration. Iagreed with them and promised to p them out of my own pocket, as we did a vast amount of work during that time. They would not 1y listen to my proposition to pay them, but insisted that the work was done for the state and the state should pay them for it. They asked that vouchers be made for work, for extra services during the leglslative session. I would not listén to that. I suppose that if 1 had made out those vouchers for extra services we would never have heard of it again, but s that way.” FAVORABLE TO DURRANT \ttorneys Conslder It SuMclent to Prove mn Alibl in the WHliams Case. SAN FRANCISCO, May 7.—Theodor 1 don't propose to do busine E IDENCE Dur- rant’s attorneys have discovered evidence which they believe will enable them to es- tablish an alibl for their client, so far as the Willlams murder case I concerned. A Market strect hair dres Willlams _was a regular | Miss Willlams cntered he night of her dis °r states that Min- tron. She hop ut arance. nie says 8 o'clock on the She had her hair dressed, leaving the shop at & It {8 estimated that by taking the car immediately she could not have reache Emanuel church by K:G0. Durrant’s counsel argue that Durrant could not thereafter have escorted her into the church, assaulted and murdered her and then walked to Dr Vogcl's, where he arrived at 9:16, . Dimage Greater First Keported. PMPORIA, Kan, May 7.—Reports just coming In from the surrounding country indicate last night's cater n and hail storm did 1 was first reported, he stor In reality, it apy-ars a cloud burst, nearly three inches of water falling within a few minutes. One life was lost and it 1s d later reports will add other fatalities. Two miles northwest of here, M G. Freeborn was drowned while trying 10 cross a swollen creck, Reports from cers tain_points aver that hail fell to a depth of Ix fnches on a level. For miles in a stretch not a leaf was left on the trees in the path of the storm, while vegetables and corn were totally ‘destroyed, The damage to crops generally will be mest severe. ~ LR Cyelone Sufferors Destitute, NEWTON, Kan, May 7.-Twenty-five familics rendercd homeless by lust Wednes- day's cyclone are badly in need of help. Committees have been &t work in Harvey and adjoining counties, but the returns are not sutficient to fill the requirements of the sufferers. It Is expected, however, that in a day or so more supplies will come in and that the needy will be relieved, Rexolutions have been passed by a mass meeting asking the county commissioners to make an ad- ditional appropriation of the funds of the county to aid the sufferers. It is probable that about one-fifth of the destroyed prop- erty will be restored to the losers by the charitable of the county. DECLINED TO STAND FIRE Rioting Strikers in Chicago for a Time Defy the Police, VOLLEY FROM REVOLVERS SCATTERS THEM Several th Workmen Strike Severely lujured Beforo the Arrival of the Police—Two folices men Among the Wounded, CHICAGO, May 7.—-A serious strike oo~ curred this morning at the Ilinols Steed company’s plant in South Chicago. One | thousand two hundred men threw down | thelr tools and walked out. The strike re- sulted from a demand by the furnace men for an increase in wages from the present | scals of $2.10 a day to the scale which was [in force last year. This the company re= fused. The strike closed two blast furnaces. Two others were undergoing repairs and the remaining four were fmmediately shut down until the conclusion of the strike , the coms pany deciding it was unwise to attempt te run until the matter was settled. This ace tion of the company threw in all about men out of work. The strikers were apparently dispised ta 500 be orderly and peaceable, but later affaira took an ugly aspect, and it was necossarp to call the police to drive them out. Ehortly. before 6 o'clock about 1,600 men forad their way past the watchman at one of the gates and proceeded to take possession of the come pany's property. The chied first to where some of the laboring men were still at work and compelled them to quit. Not much trouble was experienced with the la= borers, but when the strikers reached the machine shop, where about 400 machinists were employed, they met a different receps tion, The machinists have a scale of their own and the fight of the other men made no particular differcnce to them, and they res fused to quit or to allow themsclves to be driven out of the yards The strikers, who for the most part were Poles and Huns, made several attempts to persuade the machinists to leave their work, but finding them unsuccessful they began an attack upon the wmachine shops with stones and such weapons as they could pick up. The machinists for the most part stood their ground and gave the strikers as good as they scnt. The fight was growing warm and broken heads and bloody noses were growing very comron when the police ar- rived. They were under Captain Jenkins, who at once charged on the mob with his handful of officers. The strikers at first res fused to give ground and the police used their clubs freely. This did not have the desived cffect, and Captain Jenkins ordered his men to draw their revolvers and fire over the heads of the strikers. As soon as this was done the mob broke and fled wildly from the premises of the compuny. The fight lasted only a fow minutes and there was no more rioting eight men, who were 1 in the attack upon the ‘works, were arrested and locked up, charged with rioting. They are all ige norant Poles and Boliemtans During the riot in the yards four men were painfully injured. Jack Shepard, a machinist, was struck on the head with a hammer and badly hurt; Idward Shaska, a striker, was badly brufsid; Policeman Lein= decker was hit with e coupling pin and had his face badly cut; Policeman Patrick Me Cauley had his face badly cut with a brick, JOLIET, Ill, May 7.—The Ilinofs Steel company fn this city closed today on acconnt of a stri The switchmen, firemen and ingot men of the steel works are out on a strike for higher wages, and by their action 1,600 men are thrown out of work. ex nt Focahontus N o ldle. POCAHONTAS, Va., May 7.—There is no mining today. The soldiers are bhaving a quict reception and are mingling freely with the people. They say they came here under a miszpprehension, and the belisf that trouble would oceur. No arrests were made last night il all the men charged with peace have been discharged. ompany is doing practica shipments of coal are being mad. It is un- derstood that all coal operation are sus- pended. The raflway company has special detectives out to asertain the local leaders and feeling ran high yesterday because of some abuses by the police, but better counsed prevailed and peace was preserved. Sme'ter Strike at Pty PITTSBURG, Kan., M in the smelter men's st much the same it was yesterday., A committee walted upon General Manager Dubois of the Pittsburg and 8t. Louls works this morning and made a demand for restoration of the ol wages. The demand was flatly refused and the men were told that just as soon as the factorfes which first cut the wages would restore them his company would follow suit. Mr. Dubol then ordered notices posted on all furnace: that until further notice all work would be suspended. Today not a_furnace is run ning and the men are congregated in knots on the streets discussing the situation. Many of them have not a dollar to live on. violations of The railroad Iy nothing and no. g Kan. 7.—The situation ke today remains as Ohio Miners Are Orderly. COLUMBUS, 0., May 7.—The status of the Ohio miners' strike today at Corning is that all ure out and orderly. Miners and operators at Nelsonville are at a loss to know what the outcome i5 to be there, it being over two months since the Ohio peo- ple sent the miners food and they are not in condition to stand a cont 1 strike, lverybody is out at Bellaire the out- look in the town and on the coal roads is reported to be discouraging. President shford is soon to make headquarters to duct the strike New Vors Brickyard. Y. May 7.—A riot broke out today in the brickyard of Walsh Bros., seven miles above this city. The sherift of Columbus _county was called upon to quell the disturbance.” Last cvening the body of James McGuire, a deck hand on a brick bard loading at Walsh Bros.’ dock, was found in the river. There is a belief that McGuire was thrown into the water by the infurlated Italians, all of whom were drunk yesterday, and demanded an increase in wage reiers 1n Plonty. T. LOUIS, May 7.—Ioss bricklayers claim that they have a full force of men to take the vlaces of the striking hodcarriers, but can do nothing owing to lack of brick res Suiting from the strike of the brickmakers, If the strikers do not return to work by Thursday an entire new force will be en gugod. When the strike was inaugurated a resolution was adopted to Keep no union men away from the strik places by the strikers at any rixk, and trouble will follow such a move, Sending Workers to the Conntry. CHICAGO, May 7.—The Civic federation, which put in operation last spring a plan to send unemployed people to the country, finds fng them places to work, {8 50 cncouraged by tho success of the movement that steps are being taken to extend it. So far in the nelghborhood of 400 men, women and children have been provided with employment. Michigan Minars Threaten to Strike. ISHPEMING, Mich, May 7.—The miners in the different workings at this place have presented requests for increased pay, and & strike will follow refusal to grant thefr r quest. A definite answer s expected from mine cwners this week. e Hanged for Wife Slurder. LEBANON, Pa., May 7.—Charles Garrett was hanged today at 11:11 In the jall yard. One hundred persons witneseed the axecus tion, Death was due fo etrangulat'on, —_— Movements of Ucoar >temmers, May 7. At Moville-~Arrived —Ethiopla, from New York, for Glasgow. At Bremen—Arrived—¥ulda, from New York. via Southampton. At New York—Arrivid—Nomadie, from Liverpeek