The San Francisco Call. Newspaper, May 7, 1895, Page 2

2 THE SA FRANCISCO CALL, TUESDAY, MAY 7, 1895. LIFE 1N LIVERMORE: Prosperous Condition of a Most Fertile Valley. RICH IN ITS RESOURCES. Manufacturing and Agricul- tural Interests Are De- cidedly Booming. NOTED FOR HAY AND WINE. Best of All Is the Most Perfect Educatlonal System In the State. LIVERMORE, CAL., May 6.—California has many fertile valleys and natural sani- tariums, but none better than this section of Alameda County, known as Livermore Valley. Here the air is clear and the sky as blue as Italy’s. The fog and winds from the sea can not penetrate the Coast Range of mountains that completely surround this charming and healthful locality. The very nearness of the ocean cools the at- mosphere, the mean temperature for the year being 58 degrees. The mean temper- ature of winter is 51 and summer 67. These figures are within a degree or two either way of the most celebrated climatic san- itariums of the world. Every locality has its specialty in nat- ural production. The hay of this district F. R. Fassett, Assemblyman Forty-ninth District. I stands the peer of any, perhaps with the exception ot Hollister. Livermore hay, which is sweet and nutritious to a high degree, commands a big price and ready sale in the leading markets. Some of the finest vineyards of the State are found in this immediate vicinity. Phylloxera has never come over the mountains to this sheltered nook, hence those contemplating viticulture are coming in here, where the grape yield is of the most superior quality. Recently an expert from the Bordeaux region of France came here to test the soil, vines and wine of this country and pronounced a most fayorable verdict. The splendid vineyard and beautiful seat of J. P. Smith, situated three uth of Livermore, is one of the most superb estates in all California, con- sisting of 2000 acres of valley, upland and native timber lands. Five hundred acres are planted in the choicest varieties of vines and 225 in orchards. Mr. Smith has & perfectly equipped wine cellar and distil- lery, with a capacity of 300,000 gallons. Beventy-five men are employed about this large ranch in the busy season. This great place is cut up into driveways, which are planted on each side with ornamental shade trees. From the residence site the view of the vailey and old Mt. Diablo in the distance makes of Mr. Smith's place, Olivina, a dwelling spot beyond compare. Mont-Rouge, the fine vineyard and care- fully conducted winery of A. G. Chauche, is very near the town. The fame of Mr. J. M. Patton, Principal High School Chauche’s wines, which he markets him- self, is very extended. Indeed, most of the leading wine men of the State are found to be bottling and nhieping their wines directly to markets of "their own seeking. Cresta Bianca, the 600-acre vineyard of C. A. Wetmore, who has a wide reputation as a viticulturist, is situated near Liver- more at an altitude of 700 feet. Mr. Wet- more produces rare Burgundy, Sauterne and Carbanet. At Cresta Blanca almonds, figs and peaches are brought to perfection. Citrus froits have also been successfully cultivated, as fogs and frosts are abso- lutely unknown. Bellevue, the vineyard and beautiful and palm-surrounded residence of M. Du- val, is one of the features of this district, which is dotted with vineyards, orchards and good grain ranches. Olive culture seems to be coming to the front in Califor- nia. This beautiful, silver-leafed, ancient tree is used asa border to vineyards and orchards in many instances; besideslarge acreage is planted in orchard fashion. J.D. Bmith, the well-known educator, for many years president of Livermore Col- lege, is referred to as the pioneer fruit- raiser of this district. Undoubtedly Mr. Smith has been the means of much intelli- gent planting and cultivating of fruit in this locality. which was supposed to be a still actively engaged in school work, be- ing principal of the public schools of Liv- ermore, Mr. Smith finds time for extensive fruit-culture, and few men can talk more to the point on this subject than this expe- rienced man, who says, ‘‘the soil retains the moisture well and is perfectly adapted to every variety of fruit.”” The surrounding foothills furnish splen- did stock range—water is sufficient and when the grass becomes dry it is long, sweet and nutritious. Thousands of cattle roam over these hills, which in some in- stances are iree, being still Government property. Typical cowboys are seen on J. H. Dutcher, a Prominent Merchant the ranges, which give an individual life to this Livermore country, which is so near in scale of miles yet so far in charac- teristics from San Francisco by the sea. Livermore, a busy town of about 8500 in- habitants, is the commercial center of the valley. The townsite being 600 feet above sea level makes it a most desirable place in which to live and work. It has special ad- vantages, having exceilent naturally | filtered water from the mountains. The well-managed system of water sup- ply is under the ownership and manage- ment of John Ahlward. Mr. Ahlward is also one of the leading manufacturers of the town, giving his attention chiefly to the manufacturing of his own inventions. The Ahlward hay press is one of the most popular in use in the State to-day. One of the most enterprising firms in Livermore is the lumber company of I. Horton and George E. Kennedy. They carry a heavy stock of Puget Sound pine and Humboldt redwood, also a large supply of building material of all kinds. This firm makes a specialty of the Enterprise windmills, those celebrated pumps so much valued in the dry prolific valleys of the interior. With such a fine tributary country one finds extensive warehouses. The great warehouses of E. M. Grimes and F. R. Fassett and the Anspacher Bros. are the most extensive, handling an immense amount of grain and hay. The Anspacher family represents the largest commercial interest of the community. The general merchandise stores and lumber, grain and hay trade of this firm is surprisingly large. P. H. McVicar has a flourishing little factory where he makes most excellent | hay presses. His specialty, however, is that of Norway clips. Livermore has a good carriage and wagon factory, that of J. H. Duwcher. N. H. Dutcher has a metropolitan-stocked hardware-store and farming-implement establishment, which commands a large trade from the outlying country. George Beck & Co. also carry a heavy and well-selected stock in this line. But it is impossible to enumerate all the enterprising and substantial firms in this thriving town, where the tradespeople have held their own right through the general financial depression of the past two years, and are busy to-day and hope- ful for the future. Many are looking for- ward to the development of the Corral Hollow coal mines, located about six miles east of Livermore. These mines are owned by the Treadwell Com- pany, who have millions of money avail- | able for the development and building of a road out to Oakland. This road would pass very near the town of Livermore and be of general benefit to the entire locality by giving cheap fuel for factory purposes and also insuring very cheap freight be- cause of the competition, These mines, which are virtually inex- haustible, are to be speedily developed, and when they are good coal can be laid down in Oakland and San Francisco for $2 50 per ton. If the San Joaquin Valley Railroad Company should conclude to come into Oakland by way of Livermore Pass these coal mines would be on the line, and in that case the necessity of the Treadwell Company to build a coal road would not exist. Operations are temporarily sus- pended by the Corral Hollow Companyuntil the San Jeaquin surveys are made and de- cided upon. The Bank of Livermore, with a paid-up stock of $100,000, of which Thomas H. B. Varney is president and H. H. Pritch cashier, is one of the most substantial and well-managed financial institutions of its class in the State. - Rev. J. Stephens, the Methodist Episcopal church pastor, is a man of much capability and has around him a working congrega- tion. Two weekly papers look out for the in- terests of Livermore. The Herald, under the editorship of J. H. Dungan, is a most excellent paper, snappy and intelligent. Mr. Dungan was enrolling clerk in the Senate last winter. During his absence the editorial chair of the Herald was occu- pied by Rev. Joel Gilfillan. W.E. Rill is the independent industrious editor of the Livermore Echo, a paper that is doing its work in the world. " Above everything in Livermore stand the public schools. A most excellent school board composed of energetic men, faith ful to the interests of their important position, look after the schools well. As a result Livermore has splendid school buildings, well equipped and an excellent corps of teachers. The grammar school is under the direction of the well-known California educator, J. D. Smith, who has given his life in untiring zeal to the work of moral, mental and physical training of the young. The School Board of Liver- more has recognized the value of special teachers. Special teachers in music, draw- ing and writing are bringing about wonder- fully satisfactory results in Livermore to- day. The teacher of singing, P. A. R. Dow, isa particularly magnetic young man, a pupil of Willis E. Bachelor of San Fran- cisco. Mr. Dow is a born teacher and is achieving great success. The primary grade work is simply marvelous. The little tots, just 6 years old, under Mr. Dow’s sympathetic training have gained an astonishing knowledge of the laws of musical notation and intervals. Principal Smith is an enthusiast on the subject of music being a positive aid to the mental development of the children. “Music,” says Mr. Smith, “is the most refining influence in the molding of character.” The principal teaches person- ally physiology and elocution. Each grade has a lesson every day in physiology and hygiene, with special reference to the in- fluence of tobacco and stimulants. Much attention is given by Mr. Smith to the teaching of manners and morals. Im- proved deportment and a decrease in the number of curved spines follow in the line of instruction in manners. The value of moral training, which will lead pupils to distinguish between right and wrong, so they will be influenced by the former and be ablg to resist the latter, is beyond com- putation, The High School building is a fine strue- ture, up to the most modern standard in inside furnishings and equipment. J. M. Patton, the principal, is a graduate of the German University of Berlin, where he went for a pest-graduate course. Professor Briggs, who has charge of the science and physics department, is a Stanford grad- ate, and seems to be a very studious man. History and literature is in the hands of a very capable lady teacher. The people of Livermore have reason to congratulate themselves on having their educatioual department in the hands of such efficient, devoted workers. One finds it difficult to say farewell to this peaceful valley of Livermore, which is just over the bay, out through the Hay- wards district, through the picturesque Niles Canyon, just forty-eight miles away from the metropolis of the Pacific by the Golden Gate. WRECKGE IV THETEPES Trace of the Lost Keweenaw and Montserrat Finally Found. Queen Charlotte Island Indlans Possess Relics of the lll- Fated Colliers. SEATTLE, Wasn., May 8. — The Sitka Alaskan of April 27, brought down by the steamer Topeka, which arrived to-day, says: The schooner Maud S entered Yakutat | April 15, with about 250 sealskins. Cap- tain McKeil said that in Rose Harbor, Queen Charlotte Island, the Indians had a large sign bearing the name ‘‘Montserrat” nailed on one of their tepees, and in the house was found a smaller signature bear- ing the name “Keweenaw.” The captain further stated that while at Cross Sound he found some pieces of finished wood- work, evidently belonging to some wrecked vessel. This is the first news ever received of the steam colliers Montserrat and Keweenaw, which were lost ladt winter while en route from Nanaimo to San Francisco with coal. Itis supposed they sank simultaneously. They were in the same storm, and only a few miles distant from each other. The name of the seaman who was lost from the cutter Corwin in Taku harbor April 20, as previously reported, was G. Welin. Frank Howard, editor of the Juneau Record, who was shot and dangerously wounded by John Timmins, is improving. The well-graded streets of Livermore, which meet the smooth country roads in the outskirts of town, deserve praise. These country roads, which make of this vicinity a paradise for the numerous bicyele riders, are said to be natural, hav- ing & hard foundation with a sandy top layer, which the rains only make better, hence they are blessed with good roads the year around. The Dr. J. W. Robertson Hospital for nervous and mental diseases, located at Livermore on account of the climatic ad- vantages, is one of the most complete and advanced institutions on the Pacific Coast. The beautifully kept grounds and hand- some, convenient buildings make the place very attractive. Dr. Robertson believes in segregation of patients, and is a strong ad- vocate of the ‘‘rest cure.” Especial atten- tion is-given to electricity, hydro-thera- peutics and massage. The fame of Dr. Robertson’s advanced modes-of treatment and system of nursing isextending all over the country, and patients are coming in daily. 3 There are many attractive spots in the foothills to the south and southeast of Livermore, where springs with health-giv- ing properties abound. A big hotel or a number of boarding-houses established in that quarter would be the means of bring- ing health and recreation seekers to this bonny valley, where the walks and drives along the sycamore and willow lined banks of the winding Arroyo Mocho would render life ten thousand times worth the living. Livermore is a'fraternal town. All the leading societies—Masons, 0dd Fellows, Ancient Orderof United Workmen, Ameri- can Legion of Honor, Native Sons of the Golden West and Good Templars—have large and flourishing lodges here. Livermore has three well-supported churches. The Presbyterians are very for- tunate in having an advanced, progressive man, Joel 8. Gilfillan, installed as pastor. The Catholic parish is in charge of Father grain-growing district exclusively. While | Power, a widely known and helpful priest. STOCKTON BRIBER'S FATE Charles Ward Sentenced to Ten Years’ Imprisonment in San Quentin. The Prisoner Falls In a Swoon When the Fateful Words of the Court Are Pronounced. STOCKTON, CaL., May 6.—Charles W, ‘Ward, ex-Superintendent of the County Hospital, who was convicted of having bribed Supervisor James Brown to secure the adoption of Archi- tect Rushforth’s plans for the County Hospital, was sentenced at 2 o’clock this afternoon by Judge Smith to ten years’ imprisonment in BSan Quentin. The prisoner’s attorney, W. H. Gibson, argued for a new trial, but the court refused to grant the motion. ‘Ward was then told tostand up. His spirit zave completely away, and it was with difficulty that he kept his feet. When the sentence was pronounced he staggered and fell back to his chair in a swoom. SRET T Fatally Shot at Los Angeles. LOS ANGELES, CaL,, May 6.—Stewart Comstock, a sixteen-year-old boy, shot James Bemis, aged 14, in the face with a 40-caliber revolver this evening, inflicting a wound which may prove fatal. Itis the old story—‘‘didn’t know it was loaded.” The wounded boy exonerates Comstock. TSR Y Fatal Accident at Lompoc. SANTA BARBARA, CAL, May 6.—A. J. Nichols, a prominent citizen of Lompoc, ‘was thrown from a buggy at that place Sunday morning and instantly killed. ———————— I~ baking powders it is safer to use the Royal only, ab article that many years’ ex- perience has proved most efficient, and ‘which has been officially demonstrated ‘pure and wholesome. FETE OF SANTA CRUL Citizens in Mass-Meet- ing Pledge Hearty Support. WILL OUTRIVAL VENICE. Every Feature of the Canal City’s Carnival to Be Excelled. COMMITTEES ARE APPOINTED. A Separate Director to Look After Each Detail of the Coming Celebration. SANTA CRUZ., Cal., May 6.—The Vene- tian water carhival to be given in this city from June 11 to 15 promises to be one of the grandest floral fetes that has yet been held in California. The headquarters on Pacific avenue were decorated to-day ina very artistic manner in the carnival color, eschscholtzia yellow and white. The win- dows and the interior of the rooms are decorated with the most beautiful of flow- ers. This evening at eight o’clock a brass band played a number of selections in front of the headquarters and then marched down the street to the fair pavil- ion, where a grand mass-meeting was held, which was attended by the leading people of the city. The meeting throughout was of the most enthusiastic kind, and all the speakers were applauded. It is surprising that such an amount of enthusiasm could be created in such a short time, it being only three days since the first meet- ing. James P. Smith presided at the mass- meeting and made the opemng speech. Hon. W. T. Jeter then announced the fol- lowing officers: President, Hon. J. P. Smith; first vice- president, Judge J. H. Logan; second vice-president, Senator Bart Burke; secre- tary, O. J. Lincoln; assistant secretary, Fred Pray; treasurer, Will E. Peck; gen- eral manager, Charles B. Tidball; execu- tive committee, Hon. J. P. Smith, chair- man; parade, G. Bowman; finance, Frank Mattison; auditing, W. D. Haslam; press and advertising, Dr. C. W. Doyle; hotel and accommodations, F. H. Roberts; transportation, John R. Chase; artistic judge, J. H. Logan; ladies’ auxiliary, Mrs. L. U. McCann; decoration, F. A. Hihn; programme, W. T. Jeter; ball, Richard Thompson; entertainment and reception, Mayor Robert Effey; schools, J. W. Linscott; floral, Mrs. Frank G. Menefee; invitation, Senator Bart Burke; promotion, John T. Sullivan; music, W. T. Kearney; fire, . W. Ely; grounds, F. W. Barson; county organization, J. A. Linscott. The committee is composed of Santa Cruz’s best citizens, who will work to- gether and make things move. The first speaker of the evening was Sen- ator Bart Burke, who in a very enthu- siastic address declared that if this grand carnival was’not a success, Santa Cruz would not be worthy of the position which she holds, and earnestly urged the union and hearty co-operation of every man, woman and child in the county. He urged all to stand by the committee, and it would be the most successful pageant held in the State of California. Mr. Smith said that the four days’ enter- tainment would outdo anything on the canals of Venice. The other speakers were Judge McCann, Dr. T. W. Drullard, J. W. Linscott, Carl E. Lindsay and W. P. Netherton. Charles Tidbell, who has only been in this city a few days, said he had never seen anything organized so quickly and thoroughly, and in his remarks complimented the morning CaLL very highly for its excellent reports of the committee’'s work. The meeting then adjourned until next Saturday night. President Smith is doing everything in his power to make the carnival a success, and is backed by every citizen of Santa Cruz. ELECTION AT VISALIA. A Bitter Fight Waged Over the Princi- palship of the Schools. VISALIA, Can.,, May 6.—Five hundred and eighty-eight votes were cast in the munieipal election to-day. For the first time in many years the contest for City Marshal was not the leading issue. There were three Democrats fighting for the place, and the vote was badly divided. The most interest was in the election of School Directors, the fight being made over the principal of the schools. The count was not complete at a late hour, but the probable result was as follows: City Councilmen — Adams, Democrat and Citizens’; Hyde, Brown and Knupp, Citizens’ and Levinson Dem- ocrat. Superintendent of Schools— ‘Wallace, Democrat. School Board — Hammond, Democrat; Du Brutz, Democrat and Citizens; Larkins and Nicholson, Citizens. Treasurer — Mitcheil, Democrat and Citizens. Assessor —Humphrey, Democrat and Citizens, Re- corder; Holder, Democrat and Citizens, Marshal; Gilliam, Democrat. RESULTS AT NAPA. Advocates of Low ILicense for Saloons Win in the Election. NAPA, CaL.,, May 6.—The city election here to-day called out a large vote and the result seems to be a complete victory for the advocates of low license for saloons. Those elected are: J. A. Fuller, Mayor; A. H. Conkling, Clerk and Treasurer; 0. H. Buckman, City Engineer; Paul Chaigneau, Marshal; John Evan and C. B. Seeley, members of the Council. ‘Three members of the council hold over, one of whom will join with the newly elected members on the question of lower- ing the present license charge, which for two years past has been $17 per month. Hollister Elects a Mixed Ticket. HOLLISTER, Can, May 6.—At the town election held to-day the following -officials were elected: Marshal, G. W. Austin (R.); Treasurer, Will Townsend (D.); Assessor, Robert Shaw (R.); Town Trustees, M. C. Serles (R.) and Charles Wagner (D.). Death of a Hanford Citizen. HANFORD, CaL., May 6.—James E. Hughes, a well-known citizen of this city, died this afternoon. P Puddlers on a Strike. PITTSBURG, Pa., May 6.—The puddlers in all the non-union mills except Clinton are now on strike for the §4 rate. The strikers number 2000 men. The strikers haveall been taken in by the Amalgs- mated “Association. All the employes of the Monongahela Tin Plate Company also went out to-day and made a demand foran adyance of 10 to 25 cents a day. —— SALOONS AND BASEBALL. Protest Against Them at a Publie Mass- Meeting in Chicago. CHICAGO, ILL., May 6.—Three hundred persons attended a mass-meeting held at the People’s Institute to protest against Sunday saloons and Sunday baseball games. The meeting was held under the auspices of the International Sunday Ob- servance League. The Rev. M. M. Park- hurst gave scriptural reasons why Sunday traffic and Sunday amusements should be forbidden. The Rev. W. B. Leach said that it was a degradation of the American flag that it should wave over a baseball field when a Sunday game was in progress. Bishop Fallows said that he had been told by a person who had canvassed the subject that all professional players, ex- cept one, were opposed to Sunday games. The Rev.Thomas E. Cox called on all Romas Catholics to discontinue the Sunday traffic in liquor and to stay away irom the ball games. T. H. Gault said that to arrest the man- agers and players would cause too much anneyance in return. He thought the only way to stop the game was by injunc- tion. It isintended to take this course. STATE. TRODRS - ARRIVE Precaution Taken Against Danger in the Virginia Coalfields. The Town of Pocahontas Practically Under Martial Law, and No One Allowed to Leave. CINCINNATI, Osnro, May 6.—An En- quirer special from Pocahontas, Va., says: One-half of the coal-miners failed to re- port for work at the mine to-day. The strikers claim they have joined the strike. Operators say a full force will be at work to-morrow. State troops arrived thisafternoon. The town is patrolled to-night. Nooneis al- lowed to leave or enter. It is practically under martial law. Thisis simply a pre- caution against possible danger to-morrow. The operators have issued a circular stating that the militia are not here for in- timidation. The sole purpose is to pre- serve order. Governor O’Ferrall says peace and order will be maintained at all hazards. All who want to work will be protected in their right to earn a living. Further along the circular says all who do not go to work to-morrow must consider themselves discharged. As to the strikers they use no intimidation. They use friendly remonstrances and moral suasion. SHEPT BY FOREST FRES An Entire Town in Michigan Thought to Have Been Destroyed. Telegraph Wires Are Down and the Extent of the Damage Cannot Be Learned. CHICAGO, Irn., May 6.—A special to the Record from Bay City, says: Greenwood, Ogewamo County, is be- lieved to have been destroyed by forest fires to-day. No information has come from there since 7 o'clock to-night the wires having gone down. Patridge Bros. lost a large quantity of sawlogs, their mill was about to be consumed, and there was no telling where the flames would end. There was no water. A steamer sent from here in the afternoon was recalled on this account. WAR e, IN NICARAGUA. Followers of Ortiz, Zerula and Macherro Unite Against Zelaya. NEW YORK, May 6.—A. special cable- gram to the World from Tcgucigalpa, Honduras, to-day says: Fighting has be- gun in Granada, Nicaragua. Disorder is reported from Leon also. ‘Word comes from there that the followers of Ortiz, Zerula and Macherro have united to make war on Zelaya. The Honduran troops have concentrated at Cape Garcia and will remain there, as it is feared the threatened outbreak on the Mosquito Reservation may extend here. The troopsat Amapala will be distributed along the coast. General Bonilla will take 4000 men and go to President Zelaya's aid if requested. The evacuation of Corinto and the sail- ing of the British ships is announced. WASHINGTON, D. C., May 6.—Dr. Guzman, the Nicaraguan Minister, had not been advised up to 2 o’clock to-day of the reported revolution in Nicaragua. He had expected the sailing of the British fleet would have a quieting effect on public sen- timent. This expectation was strengthened when word came that Vice-Admiral Stephenson fired a salute to the Nicaraguan flag when it was again hoisted over Corinto yester- day. This courtesy was regarded as doing much to heal the wounds made by the in- cident. Dr. Guzman’s last official cable said simply: ¢Ships sailed.” In other quarters the fact that the revo- lution is along the east shore is regarded as significant. This is the Mosquito region in which/British influence has long bee: dominant, and which has recently been created a State under the name of Zelaya. Tt has been apprehended by Central Amer- jcan diplomats that if the Mosquito natives made trouble it would afford opportunity for further British intervention. One of the best posted diplomats from that section says he considers it inevitable that the Mosquito natives would rebel and attempt to restore Chief Clarence to the throne. This would be a_denial of Nica- ’s sovereignty over the new State of Zelaya, and, in the opinion of this diplo- mat, Great Britain would support Cgar- ence. Lol T COLONEL BERRY DIES, His Command Gave Rirth to the Army of the Cumberland. QUINCY, InL., Mav 6.—Colonel William Berry, department commander through the war of the Louisville Legion, which rve birth to the Army of the Cumberland, ied suddenly of apoplexy here to-day. He was 58 fieu’s of age, a prominent Republi- can politician and a corporation lawyer. s g uers Professor Karl Voght Dead. GENEVA, Swrrzerraxp, May 6.—Pro- fessor Karl Voght, M.D., the well-known philosopher and author, died here to-day. Kreate RN TuE United States Government Chemist, after an examination for the Indian De- partment, made the emphatic statement that “The Royal Baking Powder is the purest in qkn.flity and highest in_ strength of m{ baking powder of which I have knowledge.” BEFOREALL MEMBERS Full Bench to Hear In- come Tax Argu- ments. REOPENING OF THE CASE. Justice Johnson of Tennessee Now Assumes the Position of Umpire. REASONS FOR THE REHFARING. Attorney Guthrle for the Appellants Urges That Many Important Points Remain Unsettled. WASHINGTON, D. C., May 6.—The Supreme Court, with its full membership of nine Justices on the bench for the first time in many months, began the hearing to-day of the income tax suits. Justice Jackson of Tennessee, who has been absent from Washington the greater part of the past year seeking restoration to health, took his seat with extraordinary interest attached to his presence, since he assumes practically the position of umpire upon the vital question of the principle upon which the law is based, which divides the other Justices into equal factions. Justice Jack- son did not appear to be feeble, but it was plainly evident that he was far from being a well man, and that only by a strong effort aid he sit throughout the hearing. Most conspicuous among the spectators in court were Postmaster-General Wilson, the chairman of the ways and means com- mittee that framed the tariff act; Repre- sentative McMillin of Tennessee, chair- man of the sub-committee which drafted the income tax provisions, and ex-Speaker Crisp of the House. The attendance of lawyers and others having an unofficial in- terest in the matter was noticeably smaller than at the first argument of the law, and after the usual contingent of casual tour- ists had satisfied their curiosity to obtain a sight of the prominent men, the court- room was not crowded. But two arguments are to be made for each side—by Attorney-General Olney and the assistant attorney-general for the Gov- ernment, by W. G. Guthrie a nd Joseph Choate for the appellants, who are Messr: Hyde and Pollock. To-day Mr. Guthrie delivered his speech and Mr. Whitney be- gan his, which he will finish to-morrow. As the time assigned is five hours to each side, the arguments will be closed Wednes- day afternoon. Mr. Guthrie began by saying that coun- sel for the appellants in the cases had been subjected to considerable criticism for their motions for a rehearing, but they had felt justified in the realization of the fact that there were many points still undecided in the definite and final adjudication of which the entire country was virtually inter- ested, and he assured all concerned that the counsel for the appellants in the pres- ent case would approach it in a spirit of the highest patriotism and with no desire for mere self-aggrandizement. He said that the question involved was a consti- tutional one, and added: “The constitution is the political creed and conscience of the nation which must control and rule our destiny, and in so far as this court shall preserve it intact, gc- cording to its letter and its spirit, or permit the darkness of error to affront its light, so will our future see progress or decline, happiness or misery, glory or shame. ‘There can be no law inconsistent with the fundamental law, and a century of error cannot overrale the constitution. “The question is not to be determined by considerations of present expediency or practicability or hardship, but according to the lights, the purposes, the intention of the framers, and as they intended the constitution to operate, so must we enforce it to-day. The people are not to be de- prived of inherited rights, such as are im- bedded in our constitution, by mere pre- cedent or the technical application of the rule of stare decisis.” The point of contention, said Mr. Guthrie. was that the authorities established the principle that taxation upon the income of one class of property is as objectionable as upon another, He charged the Hylton case with being the sole cause of all the error in this matter. It was, he said, a political case in which the administration of Washington was pitted against the anti- Federalists and a case in which the local prejudice cut an important figure. He controverted the opinion that the de- cision in the Hylton case had been ac- cepted as deciding that only the capitation tax and the land tax were direct taxes, and asked, if this was so, why was it Congress in 1796, less than thirty days after the de- cision was rendered, had instructed the Secretary of the Treasury by resolution, to report a plan for laying direct taxes by ap- portionment? Mr. Guthrie then presented at some length the contention that, as it was clearly the intention of Congress to have the law act as a whole upon the incomes, the provisions which are unquestionably void invalidate the whole act. The law, he said, expressly includes rents and other incomes from land and personal property, and its general language eovers also income from municipal bonds. The Government has insisted it was not only the intention, but within the power of Congress, to tax the income from munici- pal bonds. The object of the act is single and entire, that is to say, the taxation of incomes from all sources. In order to preserve the provisions now remaining the court must strike out the words actually used, such as rents, income and product of land. He declared the act should be sent back to Congress because it is arbitrary and un- just and in violation of the express pro- visions of the constitution. He then took up the question of exemptions and limita- tions, repeating much of the argument ad- vanced at the first hearing, and asked the court to declare the whole act unconstitu- tional because of the exemptions. Replying to the suggestion of Attorney- General Olney that in the light of the re- cent decision the Government should re- fund the money collected under former in- come-tax laws, Mr. Guthrie said: “The people of the United States gladly paid the income tax to defray the expenses of the war and would make similar saeri- fices to-day if it were necessary. Congress has not returned the cotton tax, although it was clearly sectional, partial and unfair. Has it ever been advanced as a principle of justice and morality that if you decide a certain interpretation of the customs laws has been erroneous every man who had Paid without protest is entitled to have his ‘duties refunded 2’ Mr. Guthrie concluded at 3 o’clock and was followed by Assistant Atterney-Gen- eral Whitney on behalf of the Government. Mr. Whitney complained of the brief time given for preparing'for the rehearing. He' said the Government would not again pre- sent any argument on the question of municipal bonds. He did not suppose any tax law had ever been enacted whith made express mention of all possible exemptions. If such a requirement were to be applied there would be very few valid laws. As to the question of exemptions of rentals from real estate, that was different. The Government had hopes that this ques- tion could be so presented as to obtain & reversal of the former opinion. Hbp con- tended that the bills in the case asked for no special relief in cases of rentals. He announced the historical and definitive argument would be handed to the court in the shape of a brief. Mr. Whitney said the appellants’ relief was principally upon the system of economies of John Stuart Mills, which had nos come into existence at the time the constitution was adopted, and he contended the distinctions between direct and indirect taxes were so abstruse that it was not possible to incorperate it in a written constitution. Mr. Whitney, in criticizing the opposi- tion for going so far back into history for precedents, said he had not intended to go back further than 1689, but as the appl- lants had gone to 1180 he would himself give some precedents of that date. “Can’t you,” asked the Chief Justice in a tone which appeared to contain a spirit of banter, ‘go back further than that?* «I might,” replied Mr. Whitney, “but I should not tax the patience of the court to that extent but for the precedent of my learned friends on the other side.” He said he would agree to stop short ot 1180 if Mr. Choate would, whereupon Mr. Choate assured Mr. Whitney and the court that he would stop several centuries short of that date. Mr. Whitney referred at some length to the distinctions between the words tax and duty in English legislation. He said this distinction had been very sharp, and the word tax had been applied only where the word duty could not be made to cover the case. “If,” he gaid, “the framers of the con- stitution were acquainted with Blackstone they were familiar with the English clas- sification.” A peculiarity of the English system since 1689 was that everything called a tax was laid by the rule of apportionment, whereas everything called a duty was laid by the rule of uniformity. The thorough under- standing of this principle by the Demo- crats of the convention explained the ap- parent lack of interest in the discussion of the distinction in these matters. The im- portant question with them appeared to be that of the proper distribution of the taxes to be made according to the apportion- ment. At this point Mr. Whitney was inter- rupted by the adjournment of court for the day. NEZQUALLY MISSION DECGISION. Tne Supreme Court Declares Against the Claim of the Church. WASHINGTON, D. C., May 6.—In the case of the corporation of Catholic bishops of Nezqually, Washington Territory, ver- sus John T. Gibon, R.T. Yeatman and the United States, the decision of the United States Court for the District of Washing- ton was affirmed to-day by the Supreme Court. The Supreme Court also rendered a de- cision in the case of David B. Sayre, in- volving the constitutionality of court- martial law, appealed from the Circuit Court of Virginia, which released Sayre on a writ of habeas eorpus. It reversed the judgment of the court below. The action on the church case is par- ticularly interesting. A mission was es- tablished in 1838, when the land was in possession of the Hudson Bay Company, and in 1850 Colonel Loring of the army created by proclamation a military reser- vation four miles square, which was after- ward, by act of Congress, reduced to 640 acres. The church asserted its claim, but the Secretary of the Interior in 1872 decided that it was entitled to a small tract—less than half an acre—upon which the build- ing stood. Justice Brewer for the court said that the decision of the Secretary was con- clusive. Referring to the merits of the controversy he said that the act creating the Territory only conveyed land actually occupied by the missionary societies in their own right. The real occupant of the land, he said, was the Hudson Bay Com- pany, and the missionary station was only there on suffrage. NEW TO-DAY. ALL CONNE WHERE THE BEST STOCK OF HIGH-GRADE GARMENTS CAN BE FOUND. ELEGANT Spring and Summer Suits and Overeoats from $10 to $25, Fitting Men and Young Men. BOYS’ CLOTHES, REAL GOOD ONES, 01 All-Wool Taterials, for Ages 3 to 19, From $2.50 to $10. WE DON’T MIND IF YOU'D LIKE T0 . TRY SOME ON. Silver-mounted Canes 95c. Do youknow our 50¢ Neck- wear? Hats—the good kind, $2.50. Negligee Shirts 80c. Boys' Shir: Waists half price. Few more Vests let, 50c. “THE HUB,” CLOTHIERS, FURNISHERS, HATTERS, Corner Kearny and Sutter. Dr.Gibbon’s Dispensary, 623 KEARNY ST. Established in 1854 for the treatment of Private Diseases, Lost Manhood. Debility or disease wearlng on bodyand mind and Skin e doctar enres when others fall. Try him._ Charges low, Cures arantee: Dr. 3. F. GIBRON, Box 1957, Saa *4 ¥ {