The evening world. Newspaper, May 20, 1895, Page 1

HE WORLD'S CIRCULATION 1S OVER 800,000 PER DAY | 1 | THE DEMAND FOR HELP! 102 For Help IN THE unday World, Empioyers Asked NIGHT EDITIO INCOME TAK 1S BEATEN, Final Decision Handed Down by a Full Bench of the Supreme Court. CHIEF JUSTICE FULLER READ IT. Declared Unconstitutional in Toto ---Justice Jackson Unex- pectedly ‘WASHINGTON, May %.—The Income Tax law has been declared unconatitu- tional in toto by the Supreme Court of the United States, ‘The vote on the Income Tax resulted: Five against the constitutionality of the law to four for the law. Those against the law were: CHIEF JUSTICE LER, JUS- TICKS FIELD, GRAY, BREWER AND IRAS. For the 1a! SUSTICHS HARLAN, BROWN AND JACKSON. Immediately upon the convening of the Court at noon Chief Justice Fuller be- gan to read the opinion. ‘The conclusions of the Court were follows: “First—We adhere to the opinion ad- ready announced, that taxes on real es- tute being undisputably direct taxes, taxes on the rents or income of real estate are equally direct taxes. econd—eW are of the opinion that taxes on personal property or on the income of personal property are likewise direct taxes. Third—The tax imposed by sections 27 to 37, inclusive, of the act of 18M, so ‘far as it falls on the income of rea! es- tate, and on personal property being a direct tax within the meaning of the Constitution, and therefore unconstitu- tional and vold, because not apportioned according to representation, all those sections constituting one entire scheme of taxamon are necessarily invalid “The decrees herein before entered in this Court will be vacated. “The decree below will be reversed and the cases remanded, with insiruc- tions to grant the relief praye: ections 27 to 37, of the Tariff act of 1894, referred to in the conclusions of the ‘Court in the opinions, are all the sections of the act relating to the Income Tax, so that the entire tax law 1s declared void, specially. ‘There was the usual throng of people about the United States Supreme Court room to-day, in anticipation of a final decision of the income tax cases, the chamber being crowded for quite a time before the Court convened at noon. Those present ‘netuded many attorneys jand a full represeniation of the press, jas well as @ fair sprinkling of members ‘of Congress. “the ‘general Impression unmistakably was that, the decision would be adverse to the law as an entirety, and this feeling was increased by a rumor which was current after the Court convene! to the effect that during the forenoon a definite conclusion had been reached, ‘land that Justice Shiras, concerning whose attitude there had been some @oubt, had cast his vote against the constitutionality of the law on all points. ‘This rumor, proved upon investigation jto be like so many other stories which {have been put out in connection with ‘these cases, merely @ report which could not be traced to any definite or authori- WHITE, | compose those objects be deduc source. The only basis for the nae appears to have been the fact that the members of the Court were in tation. sree Justices were at the Capitol early to-day. and the consultation began promptly at 10 o'clock, continuing until ‘a few minutes before 12, all the mem- bers of the Court being present, inclu ing Justice Jackson, who appeared at the Court, greatly to, the surprise of ' e save the justices. ithe city, and that he had participated ‘in the consultacion to-day, did not be- come known until a few minutes before Court came in, He occupled his seat with the other members of the Court, making a full bench present at the de- livery of the opinion, as there was at the hearing. a OPINION OF THE COURT. WASHINGTON, D. C., May 20.—Mr. Chiet Justice Fuller delivered the opin- fon of the Court, which was as follows: Whenever this Court ts required to pass upes the vaildity of an act of Con- ‘as tested by the fundamental law ‘enacted by the people, the duty imposed demands in its discharge the utmost Present. this is especially ao when the question Involves the exercise of a great govern- mental power and brings into considera- tion, as vitally affected by the decision, that complex system of government #0 sagaciously framed to secure and per- petuate, “an indestructible Union, com- posed of Indestructibie States." We have, therefore, with an anxtous desire to omit nothing which might in any degree tend to elucidate the ques- tlons submitted, and aided by further able arguments embodying the fruits of elaborate research, carefully re-ex- amined these cases, with the result that, while our former conclusions re- mained unchanged, their scope must be enlarged by the acceptance of their logical consequences. The very nature of the Constitution, as observed by Chief Justice Marshall in one of his greatest judgments, “re- quires that only {ts great outline should be marked, its Important objects desig- nated, and the minor ingredients which d from ture of the object themselves, In considering this question, then, we must never forget that it is a con- stitution that we are expounding. As heretofore — stated, the Constitution divided Federal taxation into two great classes, the class of direct taxes and the class of duties, imposts and excises, and pr seribed tow rules which qualified the «rant of power as to each class, The power to lay direct taxes, appor- tioned among the several States in pro- Portion to their representation in the popular branch of Congress, a rep- resentation baved on population as as- certained by the census, was plenary and absdlute; but to lay direct taxes without apportionment was forbiddet Tae power to lay duties, imposts and excises was subject to the qualification tha. the imposition must be uniform throughout the United States, Frevious Decision Limited, Our previous decision was confined to the consideration of the validity of the tax on the income from real estate and on the income from municipai bonds. The question thus limited was whether such taxation was direct or not, in the mean- Ing of the Constitution, and the Court went rc further, as to the tax on the ncomes from real estate than to hold that it fell within the same clase as the source whence the Income was de- rived; that is, that a tax upon the realty and a tax upon the receipts ther from were alike direct; while as to the income from municipal bonds, that could not be taxed because of want of power to tax the source, and no reference was made to the nature of the tax as being direct or indirect, We are now permitted to broaden the fleld of inquiry and determine to which of the great classes a tax upon a p son's entire income, whether derived from is or products, or otherwise of real estate or from bonds, stocks other forms of onal property, be- long; and we unable to conclude that’ the enforced subtraction from the yield of cll the owners’ rea sonal property, In the manner prescribed, 18 so different from a tax upon the prop- erty Itself that its not a direct, but an Indirect tax, In the moaning of the Con itution, fhe words of the Constitution are to be taken in their obvious sense and to have a reasonable construction, bons vs. Ogden, Mr. Chief Justice shall, with his ‘usual feilcity, said; "As men, whose intentions require no con- cealnent, generally employ the words which most directly and aptly exp the ideag they Intend to. onvey, the en= lightened patriots who framed our Con- stitution and the people who adopted tt must be understool to have employed words in their natural sense and to have intended what they have sald. We know of no reason for holding otherwise than that the words “direct taxes” op the one hand and “duties, imposts and excises" on the other were used in the Constitution in their natural and obvious. nor in arriving at what those terms embrace do we per- ceive any ground for enlarging them. be- yond or narrowing them within their natural and obvious Import at the time the Constitution was framed and rat fied, And, passing from the text, we i the Conclusion reached as’ inevitable when the circumstances which surround- ed the Convention and controlled Its action and the views of those who framed and those who adopted the Con- stituiion are considered. New Light Shed, We do not care to retravel ground al- ready traversed, but some observations may be added. In the light of the struggle in the Con- vention a8 to whether the new nation should be empowered to levy taxes «l- rectly on the individual until after the States had failed to regpond to requisi- tions, a struggle which did not terminate until'the amendment to that effect pro- posed by Massachusetts and concurred in y South Carolina, New Hamp- shire, New York and Rhode — Isi- and bad been rejected, it would seem beyond reasonable question that direct taxation, the place as it did of requisitions, was purposely restrained to (Continued on Becond Pag th _ be ns Circulation Books |SHOCKS KILL MANY, Earthquakes Bring Destruction to Southern Europe. Crowded Church in San Martino, Italy, Falls in Ruins. One or More Shocks Are Recorded very Day. FLORENCE, Italy, May 2.—Two earthquake shocks last night caused great alarm, though they did compara- tively little damage here. Tue church at San Martino was de- stroyed while full of worshippers, Sev- eral persons were crushed to death out- right. Many who were wounded are still an the ruins. At Baris, uear here, four persons were killed and many injured, Numerous houses were bad.y cracked. At Grassina forty houses wrecked, At Lapagg! several buildings fell, and three persons were entombed. alazzo and Cambino were badly dam- aged, After a pertod of panic, the Inhabitants of this elty and neighborhood are return- ing to their dwellings, apparently satis- tied that there is no longer any danger. ‘Thousands of people spent Saturday night and Sunday night in the streets, some of them camping out in fear of falling buildings, and others simply wan- ring through the streets examining the damage dona and watching those who had fled from their homes at the first sounds of the subterranean disturb- ance, Gradually the authorities are obtain- ing a correct idea of the amount of damage done. The villages in the vicin- ity of this city have suffered more severely than at first reported, though the damage done {s principally in the shape of badly shaken houses, But days must elapse before a definite esti- mate of the damage done can be made. The Prince of Naples, at the head of a strong detachment of engineers, has been actively at work ever since Satur- cay night in providing for the relief of the earthquake sufferers, tearing down walls which were likely to fall, and tak- ing other precautions to save life and property. ‘The troops, in addition, have been most efficiently used in providing shelter for the homeless. Tents for the latter have been erected, and the army commissariat corps has been called upon to furnish provisions for those in neeed of such succor. The efforts of the military have been ably seconded, by those of the municipal authorities, and nothing has been left ‘ndone to relieve distress and prevent further damage. Tho earthquake seems to have been felt more severely in this neighborhood than in other places, although Siena, Pisa, Placentia, Bologna, Parma and Rome were also shaken. In this city the National Museum, on the Via Proconsolo, has been badly damaged. This building, once the Pa- lazzo del Podesta, was begun in 1255, and was formerly the residence of the Podesta, or Chief Magistrate of Flor- ence. From the end of the sixteenth century down to 1859 It served as a prison and headquarters of the Chief of Police, from whence it derived the name, I Bargello, by which it is commonly known, Between the years 189 and 1865. the building was restored and fitted up for the National Museum andit contains splendid illustrations of ancient and modern Italian art and culture, bronzes and marbles, weapons, paintings, & Several of the historical palaces have also been badly shaken, and a number of the famous gaileries in the different museums, &c., have @uffered more or less, LONDON, May 20-4 A, M.—A Vienna despatch says the earthquake was felt in Moravia, Southern Hungary, Dal- matia and also at Laibach, where hardly a day passes without one or two shocks. There have been serious earthquakes, too, in the Ionian Islands, HAS ROSEBERY RESIGNED? Wild Rumor that Parliament Will Dissolve Next Month, LONDON, May 20.—Wild rumors were in circulation in the lobby of the House were the Prime Minister, Lord Rosebery, had resigned or was about to resign, and that a dissolution of Parliament was im- pending and that it would probably take place next month, No confirmation of these rumors could be obtained Reichstag Passes the Sugar Bill by a Vote of 191 to 45, BERLIN, May 2%.—The Retchstag to- day passed the Sugar bill by a vote of wl to 4. aaa TO HELP OUT THE BOYS. A Brooklyn Alderman in Favor of Cycliata and Ball Playe A resolution was introduced by Alder- man Gulifoyle, in the Brookyn Board of Aldermen, this afternoon, directing the Park Comissioner to provide n_ his budget for the coming year, for a re- turn bicycle path from Coney Island to Prospect Park, the path to be similar to that now in use. It ts to be eigh- teen feet wide ‘The resolution was opposed by man Walsh, and referred to the ¢ mittee on Parks and Bridges. A resolution was also introduced, by Aldermen Gullfoyle, directing that the parade grounds in’ Prospect’ Park be opened on Sundays to ball-players and ‘others, The resolution was “referred to the Committee on Parks and Bridges, —— Gans Stove Set Gertie on Fire, Four-year-old Gertie Hart, of 931 Columbus ave- nue, was severely burned about the neck aad arms about noon to-day. Her clothing caught fre from & gas stove, She was taken to Manhatian Hospital. 2 x Exu leaders tale eesgrtes Suse ottoman ; Open to All.” | NEW YORK, MONDAY, MAY 20, 18! of Commons to-night to the effect that | TO RESENTENCE BUCHANAN, oo os He Must Appear Before the Court of Appeals on Monday. 1, Fellows Accuses tho Lawyers of Bad Faith, ALBANY, May 20.—Distriet-Atiorney Fellows made a motion to- before the Court of Appeals, that an onder bw issued directing the Warden of Sing Sing prison to produce Dr, Robert W Buchanan before the Court of Appoa's, to show cause why he should not be re sentenced. This is the first case of its nature that has ever been before the Court of Appeals in this State, It was motion day in the court and the court room was filed with distinguished law yers, inciuding United States Senato: David B. Hill. District-Attorney Fellows and Deputy District-Attorney John D, Lindsay ap peared on behalf of the application, and George W. Fitagibbons and David ‘V, Kimball in opposition, The District-At torney, in making the application, re viewed the facts of the case, and ac cused the attorneys for Dr. lsuchanan of bad faith in the proceedings. Col, Fellows reviewed the first respite by Gov. Morton on the application of Mrs. Buchanan, and said he would noi at this time go into the details of what was charged to have been a scheme « the part of Buchanan's lawyers in send ing Mrs. Buchanan to Albany to plead with the Governor, Referring to the appeal which Iu- chanan’s attorneys took ftom the ‘l cision of Judge Brown, of the United States District Court, in refusing to en tertain an application for a writ of habeas corpus, Mr. Fellows cited an opinion of the United States Supreme Court to the effect that such a dental was not appealable. : In answer Attorney Fitzgibbons mail an effort to go Into the details of th case, but was stopped by Chief Ju Andrews, who sald that the oniy tion before the court Was whether th Was any litigation pending In the Un States Supreme Court, and gave tu chanan’s attorneys two days to file a brief on that point. He then announced that the would Issue an order returnable at M.on Monday next requiring the War of Sing Sing prison to produce Dr. lob ert W. Buchanan before that Court to show cause why he should not be re- sentenced L . SING SING, May Warden Sage did not go to Albany to-day, nor did he take Buchanan before the Court of Appeals. Fitzgibbons and Kimball were notified by Attorney-General Han- cock that the District-Attorney of New York would appear before the Court of Appeals to-day and make application for an order to show cause why a new date should not be fixed for the execu- tion of Buchanan. The lawyers went to Albany last night. Dr. Buchanan, In ‘a letter to Lawyer succeed in obtaining a new , I feel sure Tt will again be a fre man, They will have to get stronger evidence to convict: me again. Tha strong hopes as ever of obtaining a new trial.” — CRUSHED IN AN ELEVATOR. ttle Girl Makes a Sad Mistake and In Killed. A little girl, apparently an Ital fifteen years old, was found at 12.20 o'clock this afternoon crushed at the bottom of an elevator shaft in the build- ing 97 Elizabeth street. She died be- fere an ambulance arrived from St Vincent's Hospital, and the body, which lay near the scene of her death tor over an hour, has not been identifie! The little girl was good-looking, had large blue eyes and a light complexion, She wore a red calico dress with white a dark waist and a black straw A n, Next door Is Johnson Bros.’ iron foun- dry. One of their employees passing shortly after noon, heara groans con ing from a building, He told George Martin, The groans seemed to come from the shaft of the freight elevator and there Martin found the bruised body of the yirl. She was carried to the skdewalk and laid there to await th: arrival of an ambulance. She had not been there many minutes when. she gave a gasp and died. The ambulance surgeon made a cursory examination of her bruise ‘The elevator is used for freight and there was no one in attendanc an hour before the accident, 1’ a door leading to it from the stre Some time before the girl was dis: covered two little girls had been chased away from Brinckerhoff's seult fac- tory, across the street, Where they hail Leen, stealing crackers, It is thought one of them ts the dead girl, The pace believe that in run- hing the girls may have sought behind the door leading to the that one went inside while the ot a cldentally pulled the rope, It ts be Heved the car asc and that the girl was caught e car and the side of the shaft, and was drawn some distance and ‘fell. In support this theory the police found on the ei of the shaft near the first floor a frest abrasion in the plaster, BOGUS CHECKS FLOATED. he Hamiltem Hank, of Brooklyn, Tired of Receiving 1 Cashier W. A, Conklin, of the Ham ton Bank, Brooklyn, informed Brooklyn police to-day that so! Was deluging the Institution with w less checks, purporting to be drawn by T. C. Burge. The checks. only, for which were drawn for amounts ranging from $10 0. $250, been floating in from Southern for about a month, Mr 1 two men w ho intr “ra Burge, 0 account with not expla to close th the brothe ance A few days later, the younger brothe told” the coshi checks for a probably about $100, under the im sion that his brother still retained account. He requested the cashier konor the checks as fast as they w presented for payment and deposited § to meet then. “His It Was Wipe out in a short time, but checks continued to come tn quick and fast Up to date checks for Various amounts aggregating $575, have come in through the National City Bank alc € Hundred ‘and ten dollars through the Brooklyn Bank and through the Long Island Bank. © check for $0 was deposited in. the Savannah Bank of Georgia, and was ceived by the American Exchange Hank of eNw York. ‘There is no money Bank to meet these c! punt, and 27, 0 3 to call for their’ ba Christopher 1 Visited the had 1 8 agerega came $i in the Hamiltoa hecks. » on -Niwht, he Atlontic ath b, after test of several months, will put on tte work! to-might and try te how th of boxing that It i stil very much in the swim, The managers promize those Journey te Island a reat On the « three bouts, Veter Maher, the Irish champion, who Was thought by Billy Madden to be able o puneh through Bob Pitz imi Eo against Bob Marshall, thi mun who came to this country for glory as well as coin for twenty-live rounds at catch weight @, of course, knows how hard nohit, Just’ what Marshall ts capable of doing no one. Te knows but t is reported by some ¢ how ing ones that he will astonish. peopl Certain i ix that the Atlantic A. ¢ offichtis would not, have. matched hit dcainat: Maher had they not. thought y would put up a tip-ronring battle Dan Creedon, the Australian mutdle- welght, will fice Joe Duntes, of Syria use, “Both are slugeers, ahd. should mix’ matters up, This ta the Nighest game Dunfee has yet sought. He has ween under cover more or less since his fight with Dan Donovan at Maple Bay on April 4,184, in-whiel a terrific. blow from him ‘brought the battle to auch at wbend. ‘There will be a large dele, tion of his Syracuse friends at the Hng ite to “root for him, The curtuain-r Will hay ipals two little fellows 1 New York, and M iyn The Club has mate every art to handle the erowd, while t panies will speclat t there will no delay from th a clothes lover ° who treat oney holes will rit Maher as prin y Lyons, of ey Haugh, of Lrook- veoment railroad rains, in gettin khardt, matchmaker of the Jim Cor Master. y Ryan and a large crowd of rom Dhiladel- rhit, Baltimore, neton, Toston ind ‘elsewhere that they will surely wit nest the bouts, WORK FOR COMING STAKES. orn d tzsimmon. red In Thin Week's Show Fi 0 The Evening World) GRAVESEND, May %.—The work for the Parkway Handicap and the Han- over Stakes, to be ran here to-m brought quite a crowd of spec Sheepsiead Bay and Gravesend, the former, the two great giants flnished second ant third in the Handicap, will fight thelr ba again, Both did nice work and were ridden by Murphy and Doggett, who will ride them in the race. Lazgzurone red a mile and a quarter horse looks in far better when he ran in the E Sir Walter was sen He covered a mii The game horse vigor and trainers will be between the pair The Hanover Stakes bring out many youngster t have not 1 the fl aginst cracks that have already been seen at the meeting At Sheepshead Ray, Mr, Loriliard’s Hersey made a goot showing and cov- ered five furlongs tn Lot Wyndham Walden worked Celerity, a. beautiful Ie by Sprinstield Activ young. er Worked with Peterman, ‘The latter by Britannte, and the last time he was ent he bled hike bis facnous sire did, ‘The pair covered five futlongs in 1,03, ‘Tenderness, youngsiers row, tors to For that okiyn le over longer journey, a half in 2.40, was full of dash and timate that the race and covered a couple of hale a mile other in 62 «Larry Kip half a mile in orseman may t stakes by one of te vamale a in is do better t nd Cam wonds. pal worke: his morning pa green but will probably J.P. Barte inile in be the youngster tm. M covered a 5 Sagainore, Mloretts krave of the Blen ing, did nice work It is sald. th in show a clean pair of heels to Keenes’ division. The latter represented In the Han- Castleton, a colt by He covered haif a mile a. Payne's Will probably be akea by -Ogaritir Seis ae veral mo s have arrived at | shead Pp arrived | a string of nine horses. | Thompson brouht eleven horses rter also brought able that event in MeCaff Foster said on leavi ence @ year makes, Kas: with about $500 to the yed leave Wothout wir running ond ond money in thas my feed bl Bed in the % 1 om “What a ¢ Last year 11 i ere the good ning a e wi y Mg handl, bet But a Genera He The rep to organize a clut joing all sorts true, 1 of the “knit ther and talked over the ng a place in town ettleme aie | An agent louking for sultabl Jauarters for kmakers. 1 wil be a place Where have sk De —— MAKERS’ TRUST. Clearing-House WIL Phin City. ok are with the intention of wonderful is from that a blish wrt that ers things fact not arose eevers Ahere sits mate Pr passing cash ated t treet and Broadwa Ff Got Di Againnt ent grand lareer Call ta the Robertson, He war a race tracks, and on Soy) for obtaining $1.00 from kins ug © pretenses On De the before the late motion was made t OL, Fellows recommended the dism: sal, and Judge Martine took the matter under advisement, but before he could decide it he died, akmaker at th 24 was indict Mrs. Ann Per case caine up for trial Juige Martine, and a to dismiss the indiet- [“ Circulation Books Opeu to All.” | BOOKMAKER CALL CLEARED. THE WORLD'S CIRCULATION 18 OVER 600,000 PER DAY HOUSE! S AND HOMES. 18 Houses, Rooms & Apartments WEHE ADVERTISED 19 unday’s World, NE P. ICE 0. CENT. POINTERS ON atlas Farkway Handicap the Feature of Racing To-Morrow. Wet Grounds Prevent the Base- ball Gamo at St. Louis, Burke Not Accepted by the Louis- vile League Club. Handspring Will Make His Debut in the Opening Dash. VENING WORLE SELECTIONS, ed by New York, but the Colonels Backed Out, ‘rst Race: Peter- in, Santures, jandapring, ’ Hedouin, Emma ¢ ~ April Fool, ird Race--Briak, Sagamore, De- name! urth Rn » Patrician, Fitth Race--Prig, Captain T., Van “The Evening World’ Special spondent with the Team.) LOUIS, May 2.—To-day'’s game Ween the New York and St, Louis teams was postp on account of Wet grounds, ‘The deal by which Eddie Burke, of the New York Baseball Club, was to have been transferred to Louisville is off. Louisville made an offer for the left- ficller, which was accepted, and Burke Was notified to report at tlat place for duty to-day ing Louisville withdrew the Corre. ~Buckrene, Sixth Race--Ed Kearney, Jack of des, Wernberu. ‘The features of to-morrow's card are the Hanover Stakes for two-year-olds, ind the Parkway Handicap for three- year-olds, at a mile and a sixteenth, In the former a very fair class of young- sters come together, including Premler, risk, Bessie Browning, Sagamore, Heresy and others, They ought to fur- nish a very Interesting contest In the Parkway the entries are Sir Walter. who carries top weight of 124 pounds; Comanche, 111; Bassetlaw, 105; Beldemere, 105; Patrician, 100; Buckrene, 8; Firebrand, 98; Sabilla, 9 ‘This 1x not an exceptionally brilliant lot. though they are all good class Buckrene, with 98 pounds up, is simply pitched in, and 1.48 will have to be beat- en to down MeCafferty's horse, © Giants have searcely recovered from their experience in Pittsburg on Saturday, and, to say the least, thelr ol ards Umpire Retts are not Kindly, If a team was ever outright with @ game it was How any man with an ordt- hary degree of intelligence and Integrity and honesty, which Mr. Betts Is popu- larly supposed to possess, could render uch decisions as he did’ is almost in- concelvable, Jen who have been patrons of the kame for many years who saw the gamo Were unanimous in denouncing Betts's Work as hy far the worst ever seen on "ball fleld. A petition, signed by nearly Atty Wavelling men from all parts of the intry, denouncing Hetts's umpiring as wn outrage and asking for his removal, has been went to Nick Young, Meekin 1 declares he will never again pitca @& The opentig dash marks the first ap-| same at which Betts officiates pearance of Phil Dwyer'a colt Hand-|" Gannon's Work Is still glit-edged and spring, who is looked upon ax the best} pix batthag has made the older players youngster at Gravesend, He bas al*get a move on.” Faller will siteon ine strong, taking way of going, and Judging |pench= for awhile at. least. by the work the writer saw him do at] with to-morrow. Murphy vesend a few days ago he ought to] has almost entirely. recu win hands town, Peterman, Peep O'| short Day, Santlago, Bernadine and Areline are the best of the others. an Wet ‘The second race is for maidens, while Seat ; the third and fourth are the stakes LOUISVILLE, May 20.—Wet grounds ed the postponement of the Balti- oulsville game to-day, Heginning whose knee red, will play rounds at Loulavilte. In the fifth at a mile and a sixteenth, ig Beach, St. Micha , Charade, plain T., Little Matt others aré engaged. They ought to furnish a good . ‘The closing event sprint, with nberg, Kd Kearney, ‘of Spi otum, Adelbert and others track Js dry and fast and selections are as fol- Cincinnatt Has Wet Grounds, Too, CINCINNATI May 20.—Wet grounde was the of the powtpovement of th Cinotm- nat busebail game to-day, ged.’ The ‘The entries lows First Rave—Five furlongs us Ns us us ns it it Judging by his ought. to win the opening dash, Peter man oks the best of the others, and should defeat Santuzza for second money So ond Race~-Maidens No Game in Cleve CLEVELAND, May 20.—The baseball game which wax to have been played with the team. from the City of Chi postponed ™M account Of the poor condition of the grounds, Hanoverian Joo Rogera ... Dr Wyle Mandapritig Fred Train lmie Peep 0 Day Handspring, oll Saos 108 105 108 Shy Aureling Bernardine Senators Againat Pirates. EXPOSITION PARK, PITTSBURG, May 20.— Washington aad Pitisburg Baseball Clubs vday. The batteries wer Me forthe visitor, and “Mawley ne home club. Umplre—Me. The weore by Mauings: PHUNDURBoocaen 0 0000 Washington -20000 i Cae RACING AT MORRIS PARK. ting on the Westchester Course by Wen yi It may be announced, on excellent au- thority, that there will be a race-meet- ing at Morris Park this Summer, and that it will not be conducted by the Messrs. Morris, owners of the property, It is sald that the Messrs. Morris, b lieving that there ts considerable feel- ing against them, for some unknown reason, have declined to conduct a meet- ing on thelr own responsibility Some of the wealthy horsemen, among whom may be mehtioned James R Keene and ‘ugust Belmont, have de: eed to lease the beautiful’ Westehes- ter course and Conduct a meeting. Sub- scription books wil, it is sald, be opened, and these Who wish to share in t ts on losses of the meeting Kap to fill in the dates turfmen mentioned have taken ths plan to keep horsemen together un tl the Fall ecampa.g. begins at Sheeps. head and Brookivn. ST. ASAPH RESULTS. ip this work, ne mile, Ingoldaby Gimp.) « Heim ae 105 a (imp) douin, Emma C. and April Fool look to be the pick of the maidens and they y finish as named, Third Race—Manover Stakes Henamela. , 7 ner Malden AT emen, selling; halt mile Deasle. Hrow! hu % Saga Me irik ereay : Lirisk 1s a very falr sort of two-ye id, and he ought to captu this stak Sagamore has shown considerable sp and he should beat Benamela for the Race—Parkway Handicap; mile and « wt i pea Buckrene ix In a very soft. pl this race, and he should have no colty in winning, If he runs up to his We shington form, Sir ‘alter ought to be the runner-up, and trictan should not worse than third. Pitty Race-Mile and a alxteenth; selling Long Heach 108 Now or Never « Senichael apratn T i Little Mati Bort Vin brunt no Ment chance yA ate Prig seems to have an exe win this event. Captain T and Va y tight it out for the place, ces favoring the former ad RACE TRACK The races ed as follows Kirst Race—Six and one-half furlongs. Won by Darkness, 5 to 2 and 4 to 6; Mirage pid, 4 to 6 for pl » and West Park third. Time. 24 12. Second Race--Four furlongs.—Won by Hea Svengali, 3 ty 1 and evens Torello NOD Claurece ond. out ‘for ‘and! Dut Ma Kerry Gow third. ’Pime=0.1 14 emery SEAT PANE Third Was ve’ furlongs.—Won The closing event may be won by ui r tof 1 out; Annie 14 they, with Jack of Spades se 2 place; Flash ‘th and Wernberg third. ALEXANDER ISLAND ENTRIES RACE TRACK, ALEXANDER IST- AND, May 20.—The entries and weights for to-morrow’s races ou this track are ax follows Firat Race ASAPH, May 29, on track to-day re eavy handicap. Luwire 12 Grn i 1b T Ea Kearney Spates Girl i te Lu I u 4 vurth Race—Seven furlon: 2 to and place; RESULTS AT LOUISVILLE. RACH TRACK, LOUISVILLE, Ky., May 2)—The races on this track to-day s follows 5 Imp, Velvet Rowe. resulted if I Ham Pena AlL_Ove Seven Furlong: to Land 9 to i; ¢ 38 place; Judith Race. Ace —Won by clone sec- rd. ‘Time— Won by Miss Lou ray 108 195 Dr rst 196 Crem 105 Dama irlongs, 108 Six ant a « x 1 arter furlongs Yale Waits fe NEW HAVEN, ¢ this aft 5 Answer, t 1 Harvard, except a brief rewer, it which the latter 1'Yale's lotter before. the tte, and that they would — Dacey Well Enough to Fight. kave Jack Demp as determined vi and ing uutry —— ; Horse and Wagon in « Pit, t MM, 0 Ma 50 East One — Weather Fore: ' inlature That Docan’t i ‘as che Cough oF Cold Re i x. For the latter try 60 \ Y KOTORANT, and get your mo! | ‘Of your druggist, of at RIKER’ s, ing record shows the changes in the) Oth ave., cor 22d at, temperature during the morning dours, as in ced by the thermometer at Perry's phar- sporting mews see Be a WO A Ma HON AM EM peu Brink | “id that be had received | THE ANGES.|CANNOT LOSE TO-DAY,| NIGHT DITION M'LAUGHLIN GETS NO STAY. Change of Venue Denied Him and His Trial Goes on To-Day, JUSTICE INGRAHAM ACTS, Justice Pratt's Order Vacated and the Application Argued Forthwith, DEFENSE’S COUNSEL SCORED, Court Cec'aras Their Arguments Frivolous and Made Only te Delay the Second Trial. Justice Ingraham, in Supreme Court Chambers, this morning, practically vae cated the order of Justice Pratt, of, Brooklyn, Saturday, granting a stay of Inspector McLaughlin's second trial; or= dered argument on the change of venue application to proceed forthwith; denied she application, and ordered that the Inspector's second trial, set down for to-duy, proceed without interruption, « The prosecution was anxious for @ speedy trial, and was not content to wait until June 3, the date on which Justice Pratt's order wag mede return- able. : At a hurried conference between Dis- trict-Attorney Fellows and Bpecial Dep- uties Fox and Rollins, an order was agreed upon which was submitted to Justice Andrews, of the Supreme Court, at 10.30 o'clock Saturday night. Being 4n ex parte motion, notice to the oppos- ing counsel was not necessary, and Jus- Uce Andrews signed it without further delay, ‘The order was addressed to McLau, lin, and directed him to show cause why, the motion for a change of venue should not be argued forthwith, It was return- able before Justice Ingraham, in Bu- preme Court, Chambers, at 10,30 o'clock this morning. To make the order binding it had to be served on McLaughlin's counsel be- fore midnight Saturday. It was given to Deputy Assistant District-Attorney Battle, who hurried to the residence of Emanuel M. Friend, of McLaughlin's counsel, at 265 Seventh street. Friend was not ct home, and it was served on his wife, which, it is claimed, preserves he legality of the proceedings. Defense Pratests im Vat Special Deputies Rollins and Fex and, Deputy Assistant District-Attorney Bat-— tle were among the first arrivals im Supreme Court Chambers this morning. It was expected that Col, James and Emanuel M. Friend, counsel for McLaugh-* lin, would put in an appearance in time to take up the argument before th regular court calendar was called, but at 10.30 they had not arrived, and Justice Ingraham entertained a number of mo-, tions in other cases, ¢ In opening the case ex-Surrogate Role lins explained that District-Attorney - Fellows was unayoldably absent in Ale, bany, and he and Mr. Fox appeared as! his representatives. Lawyer Abraham J. Elkus arose to make a preliminary objection to the ore der to show cause, “Well, suppose you tell what this is all about—what 1s the nature of the order?” asked Justice Ingraham, Mr, Rollins proceeded to give a brief history of the case up to date, laying special stress upon Justice Pratt's order staying the argument until June 3. Mr. Elkue sald he appeared solely ‘or the purpose of objecting to the or- der to show cause, signed by Justice Andrews, changing the date of the ar gument on the application for a change of venue from June 3 to May 20. ‘The order to show cause was issued, he said, in violation of the express word- ing of the statute; that the action of Justice Andrews was null and void, and that the Supreme Court had no power te grant any of the motions made by the District-Attorney on an application for a change of venue except at the instance | of the defense, who alone under the law bring such matters before the Court, dir. Elkus denied the Court's right to act on the order on the ground prime cipally that there was legally no pre ceeding before the Court, since the de fense had not moved in the case, - Court Declares Opposition Frivolous “I overrule the objections and order the argument on the application for a, change of venue to proceed forthwith, “You have asked that the hearing ‘be postponed because of the absence of Gol. James, the senior counsel,” com> tinued ihe Court, stopped simply because counsel in the has no jurisilction except on ‘The defendant's counsel might post~ to the matter before the Court are Now, I can't allow the trial in ti Court of Oyer and Terminer to fit to go awa: Tne objection that the Supreme Court hatom of and at the time eet bythe defendant, ts frivolous. pone ‘this iautter for ten years ae. w for a diy on that theory of the law. “Atte provisions of. the Code (Continued on Seventh Page) x