Logansport Pharos-Tribune from Logansport, Indiana on April 9, 1895 · Page 1
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April 9, 1895

Logansport Pharos-Tribune from Logansport, Indiana · Page 1

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Logansport, Indiana
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Tuesday, April 9, 1895
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VOL. XX. LOGANSPORT, INDIANA^ TUESDAY MORNING. APRIL 9. 1895. NO. 84. Yes! Next Sunday is Easter..... YOU CERTAINLY EXPECT TO HAVE A NEW DRESS AND CAPE! Then, Ma7ha, let me tell you something quite Important to any one who prizes style and desires good values. Just go right to the BEE HIVE and buy one of their all-wool Jjj 75 berge Dresses complete with linings for *«•' u Or if you wish to be as well dressed as any one need be then buy one of their handsome $500 AlI-Wool Novelty Effects, complete with linings for Its so nice to trade there. They sell only guaranteed brands of Dry Goods and anything that does not prove satisfactory you can take right back and they never say a word. They handle only Foster Paul & Go's., Guaranteed Brand of Kid Gloves in all the plain and fancy shades and if they just rip a little you can return them and get a new pair. You certainly want to see their Easter Display of Kid Gloves. Oh, yes! They have the grandest Capes in the Annex, Just think a Cape like this for $4.00 They even have them for $2 and $2.50. You surely want a Cape, Today and all this week I hear they are going to have an Easter Opening of Parasols! and they invite all their friends to come and view the display. It will be in the Annex and I know it will be beautiful. Everything they have is so beautiful. Their Buyers are so tasty. Good Bye. I'll aee you Sunday in church, with that new frock Be sure and go to the RRR HIVE • -* '- ^ •- ^ J 1 1 V \—s • 409-411 Broadway 3G6 Fourth St. 1895 SPRING 1895 We take Pleasure in Announcing the Arrival of Our Spring Suitings! And we feel justly proud in the success of our untiring efforts which enable us to show you this season the Latest, Most Stylish, Most Attractive and Exclusive Line of woolens in the city. Carl W. Keller, Tailor & Draper. 311 Market St. To Bitlr* Incapacitated Offlcara. WASHINGTON, April 8.—The president has appointed the following permanent board of marine hospital surgeons in pursuance of a recent act of congress, to examine incapacitated officers in the marine cutter service for retirement: Surgeons George Purviance, H. W. Austin and H. E. Carter. There are about thirty officers in the marine cutter aervice who will be ordered before the board for examination. Awful K«ult of a Diabolical Act. GUTHSIE, 0. T., April 8.—In Pawnee county Sunday, an unknown stranger, on horseback, set fire to the dry grass daring a high wind, and the country was devastated for many miles. Seven; teen farmers lost everything they pos- Mued, having hard work to save the lives of their families. The village of Chilco was almost entirely destroyed, Immer*** Many Convert*. HABODBBUHG, Ky., April 8. — Rev. Charles Davis, pastor of the colored Baptist church here, broke all baptizing records when in twenty-nine minutes he immersed seventy-six colored converts. The creek was dammed for the occasion and the water was exceedingly cold, necessitating the expedition •which lowered th» record. CUT BALE. Supreme Court's J)eoision on the .;•"•' InoonTe Tax LaWi at Part Relating to R«nt», and'Stat* and Municipal Bondi Declared Uneonttltutlonal. WABHISOTOS, April 8.—As.forecasted by tho newspapers for several days, the supreme court has decided that the income tax law is unoon ititutlonal so far as It aflects incomes derived from rents and _, real •state or from state, county and municipal bonds. The court was divided as to the remainder of the law, and as the decision of the court below was in .favor of its constitutionality, that decision must stand. An Accurate Foraoant. Chief Justice Fuller read tho decision before ono of the largest audiences that ever crowded into tho courtroom. Tho closest atUention was accorded him, but it was soon evident that the press forecast had been an accurate one, and hence there was less Interest taken in the decision than would have been tho case had it 'not already been discounted in the newspapers. How the Joitloen Stood. Upon the question of the constitutionality of tho taxation of incomes from state and municipal bonds the court was unanimously in the negative. Upon the question of taxation of rents tho court stood as follows: Affirming the law — Justices Harlan and White. Against tho law—Chief Justice Fuller, Justices Field, Gray, Brewer. Brown and Shims. Upon the general question of the constitutionality of the law, the court is said to be divided as follows: For tho law—Justices Harlan, Brewer, Brown and White, Agalnit the law—Culef Justice Fuller, Jtts- tloes FUld, Gray and Shlras. Synopsis of tho Decision. The conclusions of the court were stated to be as foilowsi 1. That by tho constitution federal taxation Is divided into two greut classes: Direct taxes and duties, imports and excises. 8, That the Imposition of direct taxes is governed by the rule of apportionment among tho several states, according to numbers, and the imposition of duties, imposts and excises by the rulo ol uniformity throughout the United States. ' 3. That tho prlnclplo that taxation and representation go together was intendad to be and was prescribed in tho constitution by tho establishment of 'the .rule of apportionment among the »overf»l statoi, so that such apportionment should be ftooordinff to numbers in racli»tate. '.-' i- That tho states surrendered their power 10 levy imposts and to regulate commerce to tho general government and gave it the concurrent power to levy direcc taxes in rellanoo on the protection afforded by tho rules pre- icrlbed, and that the compromises of the oon- itltutlon cannot be disturbed by legislative action, "', & That thoso conclusions, result from tho i«xt of the constitution,' and-are supported by .the.h'litprical evidence furbished t>y tho cir- "oumslanoos surrounding'"tho ''framing and 'adoption of-that Instrument, and tho views of .those who framed and adoptod It. a That tho understanding and expectation at the time of the adoption of the con- •tltutlon was that direct taxes would not bo levied "'by the general government except under the pressure of 01- traordlnary eilg« n "y, and such has been the practice down to August 15,1S04. U the power to do 10 la to be exorcised as an ordinary and usual means of supply, that fact furnishes an additional reason for circumspection in disposing of the present case. , 1. That taxea on real estate belong to the class of dlreot taxes, and that the taxes on the r«nt or Income of real estate, which is the Incident of lt» ownership, belong to the same class.. 8, That by no previous decision of this court boa thU question been adjudicated to the c«n- tr»ry of the conclusions now announced. That «o much of tho act of Augur.t 15, 18*4, at attempts to Impose a tax upon the rent or Income of real estate without apportionment as invalid. The court is further of opinion that the not Ol August 16,1894, Is invalid so far aa it attempts to levy a tax upon the Income derived from municipal bonds. As a mu- ntolpal corporation Is the representative of the state and one of the instrumentalities of the state government, the property and revenues of municipal corporations are not the subjects of federal taxation, nor is the Incom* derived from state, county and municipal •eouritles, .slnoe taxation on Che interest therefrom operotet on the powar to borrow before it is exercised and has a sensible influence on the contract, and therefore such a tax la a tax on the power of the states and their InstrumentalltlM to borrow money, and coiue- QUently repugnant to the constitution. Jnjtlcei Ar» Divided In Opinion. Upon eaoh of the otaer-queitloai argued at the bar. to-wit: 1. Whether the void provl- aiOQS o» to rents and income from real estate Invalidate! the whole act? 4 Whether as to the Income of the perional property as such, th« act is unconstitutional as layln; direct taxes! a Whether any part of tho tax, i* not considered as a direct tax, la invalid for want at uniformity on either of theerouuds suggested? tho Justice* who hoard the argument are equally divided and therefore, no opinion la •xpresaed. THe result Is that the decree of the circuit court is reversed and the cause remanded with directions to entor a decree in favor of complainant In respect only of the voluntary payment of the tax on tho rents and Income of lu real estate and that which It holds In trust, ind on the Income from the municipal beads Bwned or so held by it Th« L,ln« of Arfammni. The power to decide a law unconstitutional, the chief Justice said, was used with reloo- tance, but the responsibility could not be tvaded when the necessity, arose. The con- lentlonE respecting this Uw were: That a tax on rents was a tax on real es- . and that not being laid according to ap- oortlonment it .was invalid. t That it was.aot uniform, and a violation of the constitutional requirements that »noh ;axes shall be laid with uniformity. Under •his head came the axceptions in favor of thoie ons who -were not In poaseisloa of Income ol ROM; of mutual laauranc* . faring* bank* aod parta«r»hlpa, an organized lor ana aorng roe aame on»mei» ai that of oorpor»tlona. authorized by the Hatai These exception*, it was held. w«r* arbitrary and caprtckWi, and not baaed upon aound public policy/ 8. That inoomatf rom investment* in state and .municipal bo'nds could no; be tared. • Taxation. Direct and Indirect. . The chief Juitloe proceeded to a oon»i(J«r»- tlon of th«' constitutional requirements irith respect to the Imposition of taxation, direct and Indirect, and said that the fram«r» of the constitution Intended to make the consent of tho»e who ware expected to pay essential to the validity of any tax. They had Ju« come out of a confiiot upon the groat principle of taxation with representation, and they •were Intended to go together—that congresn should 10 ljnpo« a tax that It -would fall with even force and effect upon all of the constituents of tho»e who voted for It. lut«rprr<l.lUK thu CoQfttltutlon. Tht first question to be considered, aaid Chief Justice Fuller, wai whether or not a tax on rents is a direct tax within tte meaning of the constitution? It had always been held, he said, that a un on estate, real or personal, was a direct tax, but It might be that the constitution had a different moaning-, and that It was to be ap-, plied to this case. In that view it became necessary to Inquire what were direct taxes at the time tho constitution was adopted. The fifty-throe members of tho constitutional convention were men of great, snsaclty, alive to tho diulos and responsibilities of tholr trust. They hud before them the example of Great Britain and tho constitutions of the several stntei, which they had. In many cases, helped to frame. Many of thorn wore well vorsed In tho literature of the times, especially on the subject of political economy. »| The ch'.of Justice then mudo extensive Quotations from the history of tho debates In the convention on the subject of taxation. The inference from them, ha said,was that the general distinction between direct and indirect taxation wus well understood by tho mombera of the convention and that the expectation was that a direct tax would be .the last resort of congress. "What the constitution intended to prevent, said tho chief Justice, "was that no tax should bo laid on tho residents of any state by the representative! of other states." The exercise of tho power to levy direct taxes wai to be restricted to extraordinary occasions. in conclusion, therefore, upon thin point, the chief Justice announced that the court were of the opinion that that part of tho law imposing taxes upon rents obtained from real estat* wan invalid. State nnd Munlolpul Ilbudi Exempt. Noxt In order thooplnlon conildorod the third objection to tho law: That It Imposed a tax upon the incomes derived from investments In «tato and municipal bonds, and was therefore Invalid. Chief Justice Fuller reasserted tho general principle that tho tax on government bonds was held to bo a tux oil contracts and prejudicial to tho public interest. It w«s therefore obvious that such inax on tho power of states or municipalities to make contracts was prejudioal to public policy and therefore unconstitutional. Field und White Kond Oplnlooi. Justices Field and White road independent opinions, the former holding 1 tho law wholly invalid, Should lie Declared Null and Void. Justloo Field duvotod some time to a review of tho provisions regarding rents, and denounced the principle sought to be established by the Income tax law. iluny of his conclusion* were . in-'conformity with tho«o expro«sed by the chief Justice. He also attacked the law on account of its laolc of uniformity, and dwelt upon He exemptions and tho many'discrimina- tions- found therein. In conclusion Justice Field announcod bis opinion that tho whole law of 1894 should be declared to be null and void. Think* th» Law All Right. Justice Whlto prefaced hla dissenting opinion with tho statement that the custom o{ rendering long dissents In a court of last rosort was more honored In tho broach than in the observance. Their .only ofleot was to weaken the efficiency of the opinion of tho court. Justice White said he should notipeak but for tho fact that the court had overruled and sot aside established precedent* and tho settled and uniform doctrine of the supreme court down to the present time. He regretted that at this late day thl« court should thus overthrow and nullify an act "of-oongreis, supported and adrmed by all text writers and by every doolslon of the supremo court of th» United State*. When the fathers oonitruoted our form of government; they gave it, not limited, but unlimited pow«r 10 levy taxes, with but one exception —that of taxing export*. The aiiertlon that the oon»tltut!on»l x power of oongrei* wa* limited was; he thought, the fundamental error In the' reaionlna ol tire majority of this court, Tbo great queitlon before the court w««, U the Income tax a ditect tax? That qu»*tlon wai practically decided on a hundred year* ago, 'and he did not deem It neoenary to enter into aa elaborate review of the oa*e» that had been decided. Kttert of the n*cl»lon. WABHrsQTOJf, April 8.—The effect of the supreme court decision on the income tax law so far as the treasury department officials can determine after a hurried estimate made Monday afternoon will be a reduction of about one-half in the revenue originally estimated as obtainable from that source, thus making- the annual revenue to be expected about 815,000,000. The original estimate of 830,000,000 per year was based on the assumption that the law would be held to be constitutional in all its provisions. Collectors of internal revenue will be notified of the decision and instructed to make whatever corrections may be necessary through the decision rendered, in the blank form furnished them by the commissioners of internal revenue. Ho new forms will be issued, and the work of preparation for the collection of th« tax will proceed without delay. No Extr.i sonlon of CongreM. April 8.—The president on beinff asked Monday afternoon whether in view of the decision of the supreme court on the income tax law extra session of congress would be called, said that neither he nor the secretary of the treasury saw any necessity for such action, and that unless there was an unexpected change in conditions, he had no idea that congress would meet again before th« time appointed for its regnlar session. HOXG KoifG, April 8.—iforty Japanese transports are anchored oft th« Pescadore islands. It i» rumored that an attack on Canton is contemplated. Torpedoes have been placed in the river lor the defense of the city. PRESIDENT HOT. Emphatically Denies a Clergyman'! .Story of Intemperance,. . Republicans and Democrat* Alike In- / dignant—Eye Witnetiea. D»cl«r« the Charge*, False. WASHINGTON, April 8.—When the report of a sermon made in a Methodist church at Salem. Moss., by Eev. Dr. Lansing and a subsequently published interview with tbo same gentleman accusing tho president of intemperance was shown to President Cleveland Sunday evening-, ho said with considerable warmth: ••This Is simply an outrage. Though it la not tho fir 1 ', time a thins ol this kind Una been attomi>iod;.;$annoi avoid a feellm? of Indignation that. .iBJ^one who makes any claim to decency, imd especially one who assumes the. role "of a. Christian minister, should penult nlmscll to become u disseminator of wholesale lies and calumnies not less stupid than they am cruel and wicUoit "J easily rocull other occasions -when those more or loss entitled 10 be called ministers of the gospel have been instrumental in putting; Into circulation the most scandalous falsehoods concerning my conduct and character. The elements or factors of the mo«l approved outtt for placing a fulso and barefaced accusation before tho public Appear to bo first, some one with baseness and motive sufficient to invent It, second; a minister with more gullibility »nd love of notoriety than piety, greedily willing to listen to It and Rabble It; and third, a newspaper anxiously willing to publish it. ••For the sake of the Christian ralielou J am thankful that these scaudal-moiiRering ministers are few. and on every account I am glad that tbo American people love fair play and justice, and that in spite of all effort to mislead them they are apt to form n-correct estimate of the character and 'labors of their public servants." Much Indlciiatlon Exprwiwd. NKW YOHK, April 8.—A morning paper Monday printed the following: Indignation of the Intcusost kind lias been, caused imumg democrats In Now York and other cities over the attack made on President Cleveland lit the N«w EnslanU Methodist conference by Llev. Dr. J. J. Lnnslnn, of Boston. Many of Uie loading democrats and republicans wbo attended'the three dinner* at which Mr. Cleveland was present between the time of his election In November 1892, and his inauguration In March. 1893. Sunday' denounced the story as a lie. and In net terma expressed their opinion of the American citizen who, without ihe shadow of proof, on simple hoiirtiay statements, would malign tho character of tho president of the Unite* Stntca. The three dinner* referred to were those of tho chamber of commerce, iriven at Dolmonlco's on November 16, lUBi, a dinner at the home of Henry Vlllurd two days later, and that given by tho Reform club on December 10. 189i ChauDoey Dupevr Talk** Chauncey M. Depcw said Sunday night: "There is only one reply that can bo mode t» such a story—it is absolutely contemptible and absurd. At tho ohamborjof commerce dinner I sat near Mr. Cleveland. I suw him from tto time that be came In until he -wont away. I can *ay that ho was absolutely sober and la fjjll command of his faculties. Ho conducted himself In the way the world at largo woul* expect from the president of the United State*." "Too Contemptible for Nolle*. ' Frederick E., Coudert, who was on« of the leading: men "at the Koform club dinner in 1892, had a gO)d deal to say on the subject. "The suggestion or tho assertion that President Cleveland was drunk is too contemptible for notice," he said. "I wa* present at tho Reform club dinner of tha» year. I (at next or almost next to the president, and I say that he. from tho first to the last, conducted himself aa a gentleman and in a manner befltttnc hi* nigh official position. To say that he waa wor*e for drink 1* utterly false." Wu Frond of President Clerelaml, E. Ellery Anderson said: "I was one of the guests at tho dinner gtvet by Mr. VUlard In honor of Pre«ia«nt Cleveland. Incidentally, too, I presided at the Reform club dinner to which, you refer. On both these occnloD*. as on every other* at which I met Mr. Cleveland during an acq.ualnta.ncc of many years, be conducted hlin»elf In a way. If possible, to increai* tho admiration and respect of his fellow men. We all felt proud of our president Be -wa», aa always, a gentleman." Senintt'onal Confexslon of Morder. I>'DiA??AFOLis, Ind., April 8.—Mrs. Maggie Balton, held In jail here, ha> confessed tha't she was the one who shot William F. Foust at her home In the suburbs of Elwood nearly a year ago. George Hiers, who was convicted of the murder through the testimony oi Mrs. Balton's two children, and aen- tenced to thirteen years in the penitentiary, is thus shown to be innocent and wrongfully imprisoned. IA Hnnff Ch»ng Kticomr*. April 8. —The wound in the lace of Li Hiing Cbang, theChine»» peace envoy, who. was shot March B* by a patriot fanatic, has now completely healed. The bandages were removed Sunday. It is officially announced that Lin Ching Fung, son of Li Hung Chang, has been appointed a Chinese peace jnenipotentiary to assint Li Bung Chang. ' Japan has formally accepted him a* an envoy. W«ck of Prmyer. >"EW YOBK, April 8.—At the instano* of the American &abbath union, the National Woman's Temperance union and other organizations, the members of evangelical churches throughout the country is observing this week a« a season of special prayer for the better observance of the Sabbath. Judge Sprlncer Can't G«t HI* Money. WASHEJGTOX, April 8.—Comptroller Bowles of the treasury in a leagthy opinion holds that Messrs. Springer and KJlgore, the new judges of the Indian territory, must -wait for their salaries • till their nominations are confirmed by. the serjata.

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