Morning News, The (Newspaper) - May 21, 1895, Hagerstown, Maryland FOR ONE CENT A DAY you can get all the news by subscribing for THE MORNING NEWS TO ATTRACT THE ATTENTION of the public to your business tise in THE MORNING NEWS VOL 226 HAGERSTOWN MD TUESDAY MAY 21 1895 s A a E Two rotting top Office Desks nt THIS If O K S A L K A family up 16 Apply nt Tills omen A A I'D FUSE No IDS Washington St TUP nyriiry In Washington comity resenting the oldest largest Mre Insurance In Hie rr F ATTORNEY AT LAW AND SOLICITOR IN No 4 Court Court House on the fast ship Business gently E KOLtZ A CO KEAt AND No 108 W Wellington St Improved unimproved city property ami country properties null IF YOUm WILL----- FIT WELL LOOK WELL WEAR WELL Call on Me I have a large Stock nf Fine Goods on hand ami 300 DIFFERENT SAMPLES to from All work guaranteed JOSEPH BENDER MT Mexico Texas China In- Australia Hawaiian Islands tral America Special rates for freight or passage Choice of routes Private curs to rent Special tourist parties Free maps ami pamphlets K 1 SMITH Ant S St A TO KAKN MOM IS V Salary ami Expenses paid or Commission it preferred Salesmen wanted everywhere No experience needed The U VAN I'D D Geneva N Y N O T I C K ML Notice Is hereby given to all persons ing against Washington County to pre- sent tho same on or before May otherwise they will be excluded from the levy of lly order board D H Clerk The Store Room on South Jonathan St now occupied by Mr Charles Sunders with Dwelling attached will be for rent from April 1st Also the targe occupied by Mr John Apply to Jan 18 S MASON TM O It R K tt T A large Dwelling House containing f rooms and room In There Is about tin acre or land to the premises It has line fruit A stable horses houses hog pen and other out- nml a never failing well of water In the yord Possession given April 1 tor terms apply to P All Grades All Prices McKEE BROTHERS N POTOMAC WHO PRESSED AND CLEANED YOUR Why CLAYBURN lie is tine you pan find him in the NEWS BUILDING ING is entirely My Entirely nothing slighted is Newest iu best custom tailors way and ti dished with nn tn daintiness and Prices just as low as ran John B Firey 10 North street Kresli Seeds In bulk nml In put up by the C M Terry Co Michigan Cleveland Seed Co New York Bur ee Co Philadelphia Pa J M Philips IIV JOHN ALEX H MASON Fire and Life Insurance Keal Estate Loans Keats Collections 133 W WASHINGTON STREET MD O K K K N T Two II room dwellings Summer street per month Two it room dwellings with hull nml East North street Three six room houses with titul closet complete per month rooms on Bust Washington St now by the Waterloo Wagon Co A number of eligibly rooms able for sleeping near public 0 rooms No North Potomac Street S story Stone House 7 rooms No North Potomac Street fill West Washington Street 7 rooms modernized Tor A targe substantial building on In Md well adapted for tory purposes 80 Acres ot good lime stone land with dwelling near railroad depot In lo Acre place well Improved near city A desirable single dwelling and dwelling on North St CO No IIM W Washington St The Entire Income Tax Law Declared Void by the Supreme Court A FULL BENCH PRESENT Pour Justices Iu the Minority and DIs- Audi once WASHINGTON May entire income tax law is unconstitutional Before an audience which filled every available inch of space in the United States Supreme Courtroom Chief Fuller rend tho majority opinion of tho Court at noon today declaring the statue recently enacted by Congress to bo null aud void in all its features The conclusions of the Court were as to the opinion ready announced that taxes on real esv direct taxes on the rents or income of real tate are equally direct taxes are of opinion that ou personal property or on the income of personal properly are wise direct taxes T B B W Wash St Hagerstown Md Inn Best and Purest Goods unit them nt tlic LOWEST POSSIBLE COME TO THE EIGHT PLACE STAPLE AND FANCY Dried E AND PUKK LIQUORS Pure DIM live Whiskey Port nml sherry PHILADELPHIA BEER AND T B CUSHWA K tt O I K'S AND IF YOU BURN WOOD You should try our Selected HICKORY and OAK Sawed and Split to Suit Your Stove CO At Co 7 N ST Yard W Church St LONDON Paris Green Insect Powder Moth Balls Hellebore ALL STRICTLY PURE -AT- LUCAS 23 North Potomac St THE ABE This Is or progression In iis In ail other prof science old methods uro becoming obsolete and lakl aside New Improved Appliances Discoveries are taking their places In HO department Is this more true than Deu that of Painless Extraction of Teeth By the Use of Vegetable Vapor or all pain Is done away with ami no bail after effects of any kind Ko chloroform other or Finest equipped Dental Office la the nml second to none All worK pertaining to Dentistry done W E Beachley Dentist Md Tbe merchant who keeps Pax is up to date and yon mny know he keepa a fine line of goods CITY TAX ts Tale Note That by an order of the Mayor and Council passed April 20 I um to enforce the payment within 90 days from above date of all city taxes in arrears for the years 1801 92 and 93 Therefore take notice that at the tion of 30 days from thin day of April I will proceed to levy for the same JOHN H MIDDLEKAUFF Collector Office in Banking Room of Second National Bank Hours from 9 a iu to 5 p m Final Notice to quent City You arc hereby notified that at a meeting of the City cil on April 20 there was an order passed ordering me to collect within 90 days from said meeting by due process of law all taxes levied for 1894 not yet paid I shall proceed to do so by giving the usual no- tice of 80 days immediately to be followed by levy on all bills still unpaid at the expiration of that time Office Eavey Lane Co Banking Room Hours from 9 HARRY K STARTZMAN Collector For nnd pipe Pax bus no equal Ask dealer for it las imposed by Sections 27 to 37 inclusive of the Act of 1894 so fur ns it falls ou tbe income of real estate nnd on personal property is a dU within the of the Con- and therefore unconstitutional and void because not apportioned no- cording to representation All those sections constituting one entire scheme of taxation are necessarily invalid The decrees hereinbefore entered in this Court will be vacated The cle below will be reversed and tbe oases remanded with instructions to grant the relief prayed Sections 27 to 07 of the uot of ISOi referred to iu tbe conclusions of tho Court in tbe opinions are all tbe sections of the net relating to the in- come tnx so that the law is declared void specifically Tho fact Justice Jackson was in the city aud that he had participated in the consultation this forenoon did not become known until a few minutes be- fore the Court convened He occupied his sent making a full bench at the de- livery of the opinion as there was at Tho volo on the coses stood five constitutionality of the law to four for it Those against the law were Chief Justice Fuller and Justices Field Oray Brewer and Shiras Justices Marian White and Jackson be- ing the minority Justices Harlan and Brown opinions dissenting from the majority When the former decision was dered Justice one of the four who uphold the validity of the law outside of tho tax on incomes from rents and bonds At that time Chief Justice Fuller and Justices Field Brewer and Gray held that the decision exempting incomes from rentals and interest on various kinds of bonds invalidated the wholo Today's vote shows that if Justice had not changed bis views on the reargument the entire law would have been declared valid as Justice voted for it in its en- as did the associate justices who wore in its favor from the start Iho opinion delivered by the Chief Justice was as Whenever this Court required to pass upon tbe validity of an act of Con- gress ns tested by tbe fundamental law enacted by the people the duty imposed bonds tbat could not be taxed because of wont 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 field of inquiry and determine to which of the two great classes a tax upon a person's entire income whether cle rived from rents or products or wise of real estate or from bonds stocks or other forms of personal properly belongs We are unable to conclude that enforced subtraction from the yield of all the owner's real or personal property in the manner prescribed is so different from a tax upon the property itself that it is not n direct but an in- direct tax in the meaning of the Con- of tbe Constitution are to be taken in their obvious sense and to hays a reasonable construction In Gibbons vs Ogden Chief Justice shall As men whose intentions require no concealment generally ploy the words which must directly and aptly express the ideas they intend to convey the enlightened patriots who framed our Constitution and the people who adopted it must ba understood to have employed words in their natural sense and to have intended that they have said We know of no reason for holding otherwise than the word direct taxes on the one hand and duties im- posts and excises on the other were used in the Constitution in their natural and obvious sense la arriving at what those terms embrace we do not perceive any ground for enlarging them beyond or narrowing them within their natural and obvious import at tbe time the Con- was framed and ratified The Chief Justice next discussed the reasons for the Constitutional sions regarding direct taxation The States bad plenary powers of taxation be said but gave up great sources of revenue derived from commerce and retained the power of levying taxes and duties covering anything other than ex- cises but in respect to them the range of taxation was narrowed by the power granted to tho Federal Government over Commerce While they granted tho power of portioning direct taxation they secured to the States the opportunity to pay the amount apportioned and recoup from their own citizens in the most feasible way The Constitution ordained that representations and direct taxes should be apportioned among the several States according to numbers aud negatively that no direct tax should be laid otherwise The founders pated that the expenses of tbe Federal Government would be made by taxation They know that the power to tax involved tbe power to de- stroy The opinion is said that a tax on the whole income of property is a direct tax but a duty Wo do not think so Direct taxation was not restricted in one breath and the restriction blown to tbe winds in another After a review of tho cases and con- sideration of arguments of counsel the Court as it approached its conclusion made the following general If it were the fact there had been no income tax law such as this at the time tbe Constitution was framed and adopted it would not be of ence the conclusion but the suggestion not unnaturally invites attention to tbe contention of appellants tbe want of uniformity nnd equality iu this act is such as to invalidated We are not dealing with the act from that point of view but if tbe sum de- sired to be raised bed been apportioned it may be doubted whether any State which paid its quota and collected the amount by its own methods would or could under its constitution have lowed a large part of corporation erty alluded to in counsel's arguments to escape taxation If so a better measure of equality would have been attained than would be otherwise ble sinse according to the argument for the Government the rule of equality is not prescribed by the Constitution as to Federal taxation and the observance of such a rule as inherent in all just tion is purely a matter of legislative discretion Elaborate argument is made as to the efficiency nnd merits of an income tax in general as on the one hand equal and just and on the other elastic and certain not tbat it is not open to abuse by stich deductions and exemptions as might make taxation under it so ing in uniformity and equality as in substance to amount to deprivation of property without due process of law not that it i s not open to fraud and evasion and inquisitorial in its methods but because it is pre-eminently a tax upon the rich and enables the burden of on consumption and of duties on imports to bo sensibly diminished The power to tnx real and property and the income from both through apportionment is conceded That such a tax is a direct tax in the meaning of the Constitution has not baen and in our judgment cannot be successfully denied let we are thus B E White and Dr Pago on Presbyterian League Circular the GEN ASSEMBLY Able By Tails oil the Seminaries Pa May ing papers contained a letter was mentioned in dispatches last night and which raised a breeze in the ian general assembly today ported to be attempt to forestall the action of the assembly in choosing a moderator in favor of tbe liberal side Before the resumption of debate on the seminary question Mr E E White and Dr William N Page arose to questions of personal privileges and re- any connection with the letter or with its statements After the reference of certain papers in regard to theological seminaries to F C committee on semi- the discussion was continued Dr William Q Thompson president of Miami University at Oxford Ohio having the floor He said that there is a misunderstanding on this subject It has been a negotiation between the ling importance A direct tax cannot demands in its discharge the de- liberation and euro and invokes the est sense of responsibility We have with an anxious desiro to omit nothing which might in any de- groo tend to elucidate the questions submitted and aided by further able arguments embodying the fruits of elaborate re-examined these oases with tho result hat while our former conclusions remain un- changed their must be enlarged tho acceptance of their logical con- sequences In considering this question we must never forget that it is a constitution we nro expounding As heretofore stated tho Constitution divided Federal tion into two great classes the class of direct taxes and the class of duties im- posts and excises and prescribed two rules which qualified the grant of power as to each class The power to lay di- rect taxes apportioned among the eral States in proportion to their in tho popular branch of gress was plenary and absolute but to lay direct taxes without apportionment was forbidden The power to lay dun ties imposts and excises was subject to tho qualification that the imposition must be uniform throughout the United States Onr previous decision was confined to the consideration of the validity of the tax on the income from real estate and on the income from municipal bonds The question thus whether snob taxation was director not in the meaning of the Constitution The Court went no farther as to the tax on incomes from real estate than to hold that it fell within the earne clues as tbe source whence the income was derived that is that a tax upon reality and a tax upon receipts therefrom were alike di- rect As to the income from municipal be taken out of the constitutional rule because the tax did not exist at the time the rule was proscribed As Chief Justice Marshall said in the mouth college is not enough to say that this particular case was not in the mind of the convention when the article was framed nor of the American people when it was adopted It is necessary to go further and say that had this lar case been suggested the language would have been so varied as to exclude it or it would have been made a special exception The case being within the words of the rule must be within its operation likewise unless there thing in the literal construction so absurd or mischievous or nant to the general spirit of the instru ment as to justify those who expound the Constitution in making it an tion Being direct and therefore to be laid by apportionment is there any real difficulty in doing Cannot Congress if the exists of raising 30 40 or any other number of million dollars for the support of the Government in addition to the revenue from duties im- posts and the quota of each State upon the basis of the census and thus advise it of the payment which must be made and proceed to assess that amount on all the real and personal property or the income of all persons in the State collecting the same if the State does not in the meantime assume and pay its quota and collet tbe amount according to its own system and iu its own Inconveniences might possibly at- tend tbe levy of an income tax but that it is is hardly denied though it is asserted that it would ate so unequally as to be undesirable In the disposition of the inquiry whether a general tax on the income of real and personal property can be sustained under the tion it is apparent that the suggestion that the result of compliance with the fundamental law would lead to tbe abandonment of that method of tion altogether because ol inequalities alleged to necessarily accompany its pursuit not be allowed to invited to hesitate in the enforcement of the mandate of the Constitution which prohibits Congress from laying a direct tax on the revenue from property of the citizen without regard to State in such manner that the States cannot intervene by payment in regulation of their own resources lest a Government of delegated powers should be found to be not leap powerful but less absolute than tbe imagination of the advocate had supposed We are not here concerned with the question whether an income tax be or be not nor whether such a tax would enable the Government to ish taxes on consumption and duties on imports and enter upon what may bo believed to bo a reform of its fiscal and commercial sjstem Questions of that character belong to the controversies of political parties and cannot be settled by judicial ion la these cases our province is to determine whether this income tax on tho revenue from property does or does not belong to tbe class of direct If it does it if being in violation of the Constitution and we must BO declare TO Assaulted a Woman and of Were Flayed and MADISON Flu May 20 is no longer any douht that Sum Bohols Sim and John Brooks the negroes who and murdered Mies Mamie Armstrong in county were and burned on One man wbo ventured into the swamp into which the negroes were carried asserts that he found the place where they were put to death He says it was evident that the negroes were tied to trees and the skin stripped from them with Then wood was heaped about the bleeding forms the match applied and tho wretches were soon dead Everything is in Lafayette county there is no fear of trouble between tho races The better class of negroes denounce the assault and der of Miss Armstrong as bitterly as the whites aud say the negroes met a Hod punishment Tho trouble conies from the negroes employed in phosphate mines They ore of tho worst and the majority have fled to escape punishment for crimes in other States They are so feared that no white woman will venture out after dark It appears that the negroes are members of a band and during the last six months twelve have been lynched for criminal assault MEXICO'S BLOODY ENCOUNTER Farmers Rout Soldiers Half of Them EL PASO Tex May has been received here of a bloody local revolt in a settlement between the towns of Calvo and State of Chihuahua Mexico Natives attacked a surveying party under 0 an American and killed 20 of the party The affair was reported to the commander of the can troops at Parral who immediately started a detachment of 100 men to the scene Last Wednesday the troops were assailed by the natives and retreated leaving half of their number dead and wounded The appointment of Morrison to survey Government land which is now occupied by native farmers caused the trouble as he was to receive a certain portion of tho lands for his work The natives number about men Troops havo been ordered from hua to quell the revolt and the seminaries the result of which have been stated to the assembly The question now to the front What shall we do with the result pre- There are legal and siderations To show his personal tude the speaker said that he was one of those who voted for the veto of Prof adding that le would do it again oven if it drove Union Seminary into Europe But he did not believe in the report before the assembly There are three things that the assembly can do Some think apparently tuat they must adopt the report or quit This is not the fact It is possible to adopt the report and then force the issue to dismiss the committee and abandon the subject or to report progress The speaker then proceeded to discuss the legal questions involved stating that the constitutions of the states make these proposed changes impossible unless the charters of the institutions concerned shall be involved in danger Charter changes would involve litigation iu the state courts and the seminaries would be put to great expense The assembly sent out its agents and their report has come back If tbe proposal is to force the issue then the assembly should sume all the risks and expenses Proceeding to take up the point of tbe report Dr Thompson said that the church would do better to stand by the compact made in 1870 with the semi- rather than to force them into a new arrangement which they have de- clared unwise or impossible He called attention to the fact that the seminary at Omaha is a new institution and could do as it pleased in getting terms of in- corporation But the older institutions could not do so The fact was asserted that these proposed changes would en danger some of the seminaries and might cause their loss to the denomination The compact of 1870 has given the church security and will continue to do so The letter referred to in the dispatch was a typewritten circular containing the secret instructions which were sent out New York to commissioners elect in anticipation of the meeting of this assembly These circulars bear the mark of the Presbyterian League an institution which tried to save Dr Briggs when the famous heresy trial was on in New York The circular referred to bears date of May 11 The envelope which has the business card of W B Oilman Son printed on the upper left hand corner bears tho same date in its postmark It contains full instructions as to the agement of the general assembly in the matter of its organization it gives reasons why Dr John Hall and Dr George Alexander will not come to the PRICE ONE CENT SPENCER c HEKE He Spent Last at the Hamilton But Did Not Talk Politics Hon Spencer O Jones State urer of Maryland and one of tbe an- candidates for the democratic gubernatorial nomination arrived in Hagerstown last night from Wise ty Va where be had been for about ten days He was accompanied to Hotel Hamilton by Gen H Kyd Douglas and there spent several hours conversing witk friends and made many new Mr Jones refused to discuss the situation or make any remarks his campaign stating that much might have transpired during his absence from the State of which he had no knowledge He will shortly com- mence active work in his campaign however and intends to present his claims to the nomination clearly to the party and will probably spend several days in later on He ex- pressed the opinion that William T Malater of Baltimore will be chosen as the nominee of the party He will leave at o'clock this ing for his home at Mr Jones is a firm Democrat has been faithful and efficient in the service of the State and has many warm friends in Hagerstown An Excellent Investment The St Clair Martinsburg's largest hotel was sold Saturday to the Citizens National Bank of that place for It will be remodeled and improved and the bank will probably move from its present quarters to a room in the hotel It is that the National Building and Loan Association of this city holds a Erst mortgage of on this erty which as shown by the amount for which it sold Saturday is an lent investment Alarm of Fire An alarm of fire sounded from the corner of Jonathan and Baltimore streets was caused by a chicken coop on the rear of the premises of John Hurst catching fire from some cause supposed to be by live coals in an ash heap near tbe building Tho fire was put out by some boys who were in the hood and saw the flame almost as soon as the alarm had been turned in Entertainment An entertainment of tableaux and Music will be given by the members of the Guilds connected with AH Saints Chapel on Wednesday evening in the amusement room of the chapel Ten cents will be charged for admission Carload of Stock John W Cost of this last week a car load of fine cattlo and hogs from Washington county farmers for S B Kresler of Aglen Pa which he wilt ship today Sociable A sociable will be held this evening at the Christian church by the Y P S C E Music will bo the chief feature of the entertainment Will ao to Oakland Judge Edward Stake will go to land today to hold court assembly to stand as candidates for the moderatorship The candidacy of either would be unwise the letter says at this juncture as it would be impossible to elect an Eastern man A Western man would do much better and Dr William N Page of Kansas is proposed as an gible candidate calculated to inspire confidence in the peace loving com- missioners The circular contains in- formation as to Dr Booth's candidacy and warns the Western delegates of the dangers that would result if he were chosen It describes Dr Booth as dictatorial and seven and urges all peace loving fair minded commissioners to come for- ward to the support of Page and defeat Dr Booth Further advice is given as to Dr E B White's leadership of the movement against Dr Booth These circulars have been diligently Employed by the leading conservatives to strengthen their cause in the bly They say that it is the promoters of the Presbyterian League who have the missionary boards of the church Wllilo Will Go Free LONDON May Old Bailey Court was crowded this morning when Justice Wills accompanied by the Lord Mayor and several Aldermen took their seats upon the bench for the second trial of Oscar Wilde who is charged with serious misdemeanors Counsel for Wilde made an elaborate argument in favor of having the ners tried separately The judge agreed and decided to try Taylor first Wilde was released from custody after ing his bail It is now probable that Wilde's case will go oyer until the next session of the Central Criminal Court and there is evidently but a slight chance of bis conviction In consequence indignant comment is heard on all sides Near Death's Door WASHINGTON May Dodge Gail Hamilton is decidedly worse day and it is thought she cannot live much longer Representative Cogswell is weaker and his condition is critical is reported to have experienced a change for the worse He is in a precarious condition Secretory Gresham's condition while not appreciably worse has not improved for two days he having passed very restless nights Dr Buchanan's Case ALBANY N May Court of Appeals today issued an order ing that Dr Bobt W Buchanan be produced before the court next Monday to show cause why he should not be re- sentenced to death laborers Held as Prisoners Va May of the onion men returned to work today in the Southwest mines The Italians are still under guard and refuse to work Interested parties say that they have complained to the Italian Minister at Washington as to the treatment the new men are receiving Some union men are under arrest Tho soldiers complain of hardships and are anxious to go home The town is free from ment today but the usual guards were sent out Suicide by WHEELING W Va May Andrew Vance one of the leading ness men of this county committed suicide this morning by hanging self at his home in He was about 60 years of age Domestic and business troubles led to the suicide
