Waterloo Courier (Newspaper) - April 10, 1895, Waterloo, Iowa HMH PART SECOND PAGES 9 TO 16 VOL 3 Weekly Established DaUy Established 1890 WATERLOO IOWA WEDNESDAY FOR A LIMITED TIME bA HANDSOME ather pocket Case FREE THIS ONE IS OFFICIAL Decision of the in the Income Tax Cases IT IS READ BY JUSTICE FULLER Rents and Income From State County and Municipal Bonds Exempt FOR TAGS TOBACCO CHAMPAGNE FLAVOR Ine American Tobacco Cd NEW YORK HIS OWN RECOGNIZANCE Adams Case Will Probably be Continued Until Next Term of Court Notes from the Court Room From Tuesdays Daily County Attorney Dawson will agree to the release of Alonzo Adams who was indicted with Charles Adams for killing Stephen Howard on his own recognizance and the trial of the case against will probably be continued until the next term of the district court COURT NOTES The case of J C St John vs M W St John an action on account and note has been on trial before Judge Tolerton and a jury this week and the arguments were begun this afternoon The cases of State vs Valentine State vs Stewart State vs Cummings and State vs Webbeking have been set for Thursday is understood that in some of these a continuance will be asked for Demurrers to indictment will be en tered in the case of State vs Freeman Deeming and also in the case of some of the boys implicated in the water works escapade In the cases against Boiler and Case applications for con will be made WASHINGTON April anx iously awaited decision Of the United States supreme court in the income tas was rendered by Chief Justice Fuller The court knocked Out the law so far aa it taxed incomes derived from rents and also from state county and pal bonds By a tie vote of the cour the law was sustained in other respects The courts conclusions after review ing the historical and other phases o the question were as follows In Charles Pollock versus the Farm ers Loan and Trust company et al Ii is established 1 That by the constitution federa taxation is divided into two great taxes and duties imposts and excises 2 The imposition of direct taxes is governed by the rule of apportionment among the several states according to numbers and the imposition of duties imposts and excises by the rule of throughout the United States 3 That the principle that taxation and representation together was in tended to be and was preserved in the constitution by the establishment of the rule of apportionment among the sev eral states so that such apportionment should be according to numbers in each 4 That the states surrendered their power to levy imposts and to regulate commerce to the general government and the concurrent power to levy direct taxes in reliance on the pro afforded by the rules prescribed and that the compromises of the consti cannot be disturbed by legislative collection of income tax while the other two were those of Charles versus the Farmers Loan and Trust company and Lewis H Hyde versus the Continental Trust company Both appealed from the de of the United States for the Southern district of New York The action in these two cases was brought to enjoin a voluntary compli ance with the law in the of tax and when tho circuit court sus the law Pollock and Hyde ap pealed to the supreme court of the United States Justice Fields Opinion Justice Fields opinion was largely devoted to a review of the provisions regarding rents and was a vigorous de nunciation of the principle sought to be established by the income tax law his conclusions being in conformity with those announced by the chief justice Ee also attacked the law on account of the lack of uniformity aud dwelt its exemptions and discrimination which was he said class legislation He devoted especial attention to the ex of savings banks mutual insurance companies and building and loan associations He quoted census figures to show the extent of the opera tions of these companies and said if these facts were not convincing cpn gress could not be convinced though one rise from the dead He took issue with those contended that there could be 116 legitimate limitation upon the power of congress to impose taxes Justice White followed Justice Field in Justice Harlan followed Justice White in a dissenting opinion and the case was closed Nothing was said to show how any of the justices stood those who reai dissents HEAVY SNOW STORM Big Blizzards Block Business in Colorado Kansas and Wyoming DRIFTS FORTY FEET DEEP Twenty Per Cent the Stock on Some of the Ranges Has Perished WOULD SET A PRECEDENT In Nicaragua Dislikes to Concede Demanded by England WASHINGTON April answer of Nicaragua to Great Britains ulti matum is being anxiously awaited by officials and diplomats and until it is made known there promises to be no further developments in this contro which has indirectly involved the United States The answer is due al DENVER April travelers from the east report that the storm through Kansas was the worst ever known in that section Many of the passenger trains now more than 48 hours late are battling with snow and sand upon the prairie Superintendent of the Union Pacific with headquarters at Wells has a large force of men clearing the tracks In places CO or 75 miles of Denver the snow is found in cuts from SO to 40 feet deep being over the tops of the telegraph poles in some instances The Eock Island experienced more trouble perhaps than any other line The first train from the east over this road arrived 00 hours late The Mis souri Pacific the Kansas Pacific division of the Union Pacific and the Saute Fe were also much hampered Fierce Storms The reports from Northern Colorado and Wyoming are to the effect that wind and sand storm was so fierce Chat men at work clearing the way were obliged to wear covering for their faces the sand cutting even through the cloth like a knife and lacerating the shovelers in a horrible fashion The loss of range stock in some portions of East ern Colorado it is said will amount to 20 per cent of the total Many cattle drifted into Hugo Colo and perished which had been driven before the wind from the north over 200 miles Low prices have been making things lively with us Another drop this week on Parlor Goods Baby Carriages for everybody you in style color quality and price W B 304 300 WEST THE BURKES ARE BEATEN Judge Wade Gives the Custody of Little Eay to the Elliotts Decision on Burkes Character pass on NO PATH IN A CONFERENCE Skeptical Regarding Monetary Discussion WASHINGTON April Pet of South Dakota accompanied by his wife will leave this country for Europe on Wednesday expecting to be absent until July The senator is still of the opinion that the proposed inter national monetary conference will ac nothing because the attitude of England will be opposed to a change It is he said like inviting the chicken to come down and hold a con ference with the fox to ask England to consent to a change in the monetary standard England is a creditor nation and it cannot be expected that she mil agree to accept half the amount due her for the whole sum She will demand the pound of flesh I think it a mistake for the United States to have manifested any desire for such a meeting I am one of those who be lieve there is a big advantage to be gained by the United States in in a policy of free coinage of silver alone and I fear the effect of the conference if one is held will be to dull interest in the question and thus injure the cause here THE LADIES VOTED School Elections Held in Various Montana Cities HELENA Mont April elections were held in all the principal towns of the state and were remarkable from the fact that in most of the cities at least half the vote was cast by women In this city considerably more than hall was cast by them So far as known but one woman was sleeted trustee and that was in Helena Dr Maria M Dean being the successful candidate There was a woman candi date in Butte but the women there stuck strictly to their ticket and did not make a of the candidate of their own BSX In Butte and Anaconda the issue was AP A and anti The A P A carried Butte by a big major ity but were defeated in Anaconda The same issue cut some figure in other places but not so much so as in the two cities named CONDON April is now said that the marriage ot Lord William Ber to the widowed Duchess of Marl borough formerly Mrs Louis merely of Now York will toko place shortly Lord William written to of his friends Announcing engagement and that the wed will not bo long delayed action 5 That these conclusions result from the text of the constitution and are supported by the historical evidence furnished by the circumstances sur rounding the framing and adoption of that instrument and the views of those who framed and G That the understanding and ex at the time of the adoption of the constitution was that direct taxes would not be levied upon the general government except under the pressure of extraordinary exigency and such has been the practice down to Aug 15 iSiM If the power to do so is to be ex as an ordinary and usual means of supply that fact furnishes an addi tional reason for circumspection in dis posing of the present case 7 That taxes on real estate belong j to the class of direct taxes and that the taxes on the rent or income of real es tate which is the incident of its own belong to the same class 8 That by no previous decision of this court has this question been adju to the contrary of the sions now announced 9 That so much of the act of Aug 15 as attempts to impose a tax upon the rent or income of real estate without apportionment is invalid The court is further of opinion that the act of Aug 15 1894 is invalid so far as it attempts to levy a tax upon the income derived from municipal bonds As a municipal corporation is the representative of the state and one of the instrumentalities of the state government the property and of municipal corporations are not sub of federal taxation nor is the in come derived from state county and municipal securities since taxation on the interest therefrom operates on the power to borrow before it is exercised and has a sensible influence On the contract and therefore such a tax is a tax on the power of the states and their instru to borrow money and consequently repugnant to the consti Upon each of the other petitions argued at bar to wit First Whether the void provisions as to rents and incomes from real estate invalidates the whole act Whether as to the income from personal property as such the ac is unconstitutional as laying taxes Whether any part of the tax if not considered as a direct tax is in valid for want of uniformity on either of the grounds suggested The justices who heard the argu ments are equally divided and there fore no opinion is expressed The result is that the decree of the circuit court is reversed and the case remanded with directions to outer a decree in favor of complainant in re spect only of the voluntary payment of the tax on rents and income of its real estate nnd that which in trust and oa the income from the municipal bonds owned or so held by It The delivery of the opinion consumed just one hour Chief Justice Fuller began at and concluded at Ho was followed by Justice Field who road the first dissenting opinion speak ing in a low tone that contrasted no with the loud delivery of the chief justice The decision applies to three the first of which was brought into most any day now although it is an that Nicaragua will take the full limit of time accorded by the Brit ish ultimatum One of the diplomats connected with the matter says If it was simply a matter of paying Great Britain that would be quickly done But an agreement to pay this amount carries an agreement of much more It tacitly admits that Consul Hatch was erroneously ejected from Nicaragua and is at liberty to re turn If he goes back he will foment a further disorder and be a source of ir to Nicaragua And if is paid Consul Hatch there will be a much larger amount demanded for the other British citizens ejected at the same time The Hatch case is merely a test for a large number and if agua yields to this one it concedes the justice of all OF INTEREST TO SCHOLARS CIVIL SERVICE EXTENSION Chiefs of Various Departments to Come Under Law WASHINGTON April civil service commission recently submitted to the president further correspondence and data setting forth the benefits to be derived by placing under the civil service regulations the offices of chiefs of divisions in the various departments It is understood that the president has not yet had time upon these mat ters but he will during the summer make the extensions The commission will regard this as a most important step in the direction of the number of places now subject to polit ical favor and will demonstrate its con tention that such offices can as well be administered from an absolute non partisan basis as other offices now in the classified service FRESH WAR RUMORS Special to TIIE DAILY MARENGO Iowa April Wades decision in the Eay Elliott case was filed today He awards the custody of the boy to the Elliotts on the ground of the general unfitness of the Burkes to have the child under their control Judge did not question of identity In the Spring Nearly everybody needs a good medi cine The impurities which have ac cumulated in the blood during the cold months must be expelled or when the mild days come and the of brac ing air is lost the body is liable to be overcome by debility or some serious disease The remarkable success achieved by Hoods Sarsaparilla and the many words of praise it has receiv ed make it worthy your confidence We ask you to give this medicine a trial We are sure it will do you good Head the testimonials published in be half of Hoods Sarsaparilla all from re liable grateful people They tell the story A New Jersey Man Claims to Have Kcs cued Lost Homeric Melodies ST Louis April V Byars formerly a St Louis newspaper man but now of South Orange N J has written a communication to The Post Dispatch which will interest scholars and students everywhere Mr Byars claims to have discovered a method of rescuing the Homeric melodies that have been lost by the shifting of accent His plan is a novelty in classical inter and diametrically opposed to the methods pursued in colleges and universities He says To get at the melodies of Horace or any other classical author drop all English ideas of accent stress each syllable equally give every vowel its distinct sound and divide the verse so as to bring out the most rhymes It will then fall into beautifully balanced lines ending in rhymes as ours do but with initial and medial rhymes forward and backward as our poems do not lave No more interesting discovery to scholars has been made for many Impetus Given by the Publication of the Storthing Estimates CHRISTIANA April which are to b3 submitted to the storth ing have been published and cause much comment They give fresh impetus to the wild rumors of an impending war between Norway and Sweden The es far exceeds any previous sun required The sum of 4000000 kroner is to be devoted to construct ironclads In addition large credits will be asked for the purchase ot munitions of war and for completion of forts at Tunc harbor W H Bachman has secured the agency for the celebrated Henney bug gies and also carries a complete line of the Carriage Cos work two of the best makes on the market He al so carries a large stock of farm imple ments of the latest and best makes He is able to make close prices and it will pay anyone to look his line over See his ad in this issue of the District of Columbia by John G to enjoin the of internal revenue from tho Enjoined a Board EYOTA Minn April common council of this village was served with an injunction issued by the district court restraining it from granting to any applicant a license to sell ing liquors At the annual charter election on March 12 there were cast 51 votes in favor of license and 58 against The grounds upon which the tion was granted as stated in the com plaint are illegal voting irregularities in posting and wording of election notices there being no poll list posted also that the polls were not kept open the time specified by law Apply for Tents WASHINGTON April Lament received a formal application from Congressman Kiefer requesting the issuance of an order to allow the Minnesota national guards to purchase tents from the quartermaster general of tho war department Adjutant Gen eral Muehlberg issued the usual papers in relation to tho matter NEW YORK April schooner from Manzanillo reports that 011 Saturday in latitude 8920 74 she passed a quantity of wreckage consisting of a pilot house and deck timbers and a number of life marked C H apparently to the steamboat City of Have Fired tho Plains WICHITA Kan April Rock Island train are now in the Gloss mountains region and have set the prairie On fire behind them in order to baffle their pursuers There being a high wind the fires have covered an immense area of territory and the mar shals posse cannot advance Gets Lire imprisonment PEORIA Ills April Adkin son has been found guilty of the mur der of Lena Zipper last February and his punishment fixed at life imprison ment Miss Zipper was Adkinsons and he killed her because she refused to marry him after he should get a divorce from his wife Bandits Captured DENVER April Connors leader of the gang of bandits that ter and robbed a gambling house of have been captured in this city He has confessed and returned about twothirds of the booty The other two members of the gang were captured at Aspen Junction Join in Protest LONDON April dispatch to The Daily News from Constantinople says that a majority of the embassies and legations there are now convinced of tho truth of tho reports of tho Armenian atrocities and have joined England and Russia in protesting against them New Resort for Consumptives WASHINGTON April new resort for consumptives has been discovered in the Orango Free State South Africa United States Consular Agent Laugraff in a report to the state department talks of tho beneficial result experienced by persons who have tried it TUBERCULOSIS m following dispatch from Sterling 111 shows that there is some tuberculosis over there At the Union Stock Yards Chicago Saturday a herd of thoroughbred cat tle belonging to George Powell of Whiteside county were killed on the order of the State Veterinarian Last fall two cows belonging to Mr Powell died and were hauled out on to the farm where the hogs speedily devour ed them In February Mr Powell chose a fat hog for his family use and killed it The dressed meat looked wrong and before using it he submit ted it to Assistant Veterinarian Hoov ers inspection He promptly pro it affected with tuberculosis Monday a week ago another cow sick ened and the veterinarians were noti fied They readily diagnosed the case and expressed fears that the entire herd twentyone head were diseased and advised Mr Powell to have them killed at the yards under inspection It was done last Saturday The arriv al of the animals created sharp bidding among the buyers who execrated the State officer when told o his decision They wanted them any way and offered a fancy price bu were flatly refused Inspection reveal ed seven badly diseased and two taint ed Today there was an inspection of the swine on the farm and a thorough use of disinfectants City Council MONDAY EVE April 8 95 City council met in regular session All members present except W W Pierce Petition of C 0 Balliett et al read asking that East Park Avenue between Mulberry and La Fayette streets be filled up to grade to com on streets and alleys of C F Stolt et al read against the use of adjacent prop erty for Base Ball grounds Referred to committee on streets and alleys Following officers filed official bonds for approval Frank Beck W 0 II W Dinzy F Fenstermaker C V White C W Wetlaufer J F Klingaman Bonds accepted City Marshals report for March read and ordered placed on file Finance committee reported follow ing bills for payment Matt Parrott Sons W A Hallowell 00 Stewarts Hack Baggage Line Waterloo Gas Electric Light Co Iowa Union Telephone Co J H Williams The Fowler Co Following ordinances were adopted Ordinance No 164 entitled An Or to Repeal Ordinance One Hun dred Twentyfour Chapter Fifty nine of the Revised Ordinances of 1893 entitled An Ordinance to Provide for the Construction of sewers in the City of Waterloo Iowa to regu ate the use of the same and dividing he city into sewer districts Ordinance No 165 entitled An Or Amending Ordinance STo 8 Chapter No 7 of the Revised Ordi nances of 1893 entitled An Ordi nance Providing for the Appointment of City Engineer and Defining his du to be made of cement or sound two inch plank securely spiked to three suitable bearings and on the establish ed grade of the city Council adjourned Candidates for Minn April tive examination will be held in this city on May 7 open to First district young men between the ages of 15 and 20 years for the purpose of enabling Congressman Tawney to make a cadet appointment to the naval academy at Annapolis Burlington Earnings NEW YORK April report of the Chicago Burlington and railroad for the year ending Dec Si 1894 shows Gross earnings 182 decrease operating ex penses decrease net earnings decrease 435400 Pools LONDON April a crowded house at p m the speaker of the house of commons the Rt Hon Arthur Peel arose and announced his resignation and delivered his fare well address Chicago Produce Market CHICAGO April 01895 TUe quotations of the Board today were 51 July Kti July 2D July Mess July 812 03 P M July 58 July July Mess July Chicago Stock market Aru Happy OMAHA all parts of tho state messages have besn received telling of heavy rains and snow and tho consequent happiness of tho farmers and business men especially in tho drought stricken region of last year The rain lias been tho most abundant A money saving appliance is an apt name for our great discount sale CROAK The Shoe Man Contract to Movo a Town HILLS Minn April contract for moving Hills onto tho hill cast of town has been let to Cherokee parties and work will bo commenced at onco and completed in CO days A brick bank block double brick store building new hardware lumber yard brick yard and Creamery are assured for the spring besides numerous residences Poultry Netting Cheap Wood Heaters for spring and full cheap at C M ties Notification of C F Bennett accept ing the conditions of the franchise granted him under ordinance No 162 received and ordered placed on file Bills against the city read and order ed placed on file Following bills referred to finance committee Waterloo Gas Electric Light Co and G W Hafar appointed rodman for the City Engineer while the Engineer is on duty for the city Committee on streets and alleys in to investigate the advisability of purchasing a street sweeper and re port at next regular meeting The following resolution was intro by Dr Mack Resolved That the sewer commit tee be and is hereby requested to pre pare and present to the city council at its next meeting or as soon as possible thereafter an estimate of the probable cost of a sewer or sewers of sufficient capacity to make it possible to fill up and do away with what is known as Dry Run on the west side of the Cedar river in the city of Waterloo Iowa On motion resolution was indefinite ly postponed and the committee on sewers instructed to investigate the most practical manner of abolishing Dry Run The following adopted j Be it Resolved by tJie City Council of Waterloo Iowa That sewers be ordered built in District No 1 as fol lows viz On East Fifth street be tween Water street and LaFayette street and that the sewer now ending in the rear of block No 75 in Cooleys addition be extended through said block said sewers to be constructed under the direction and supervision of the east side sewer committee Be it ly the City Council of Waterloo Iowa That sidewalks be ordered built viz April 9 1595 MARKET Estimated receipts today Hogs 13000 cattle 3000 Hogs opened slow about steady Mixed heavy light Cattle opened slow Official recel pts yesterday Hogs 17303 cattle 11014 Official shipments yesterday Hogs 0544 cattle 2121 CLOSING MARKET Hogs closed weak to lower on heavy steady on light Cattle closed steady Estimates for tomorrow hogs 18000 St Paul Union Stock Yards SOUTH ST PAUL April 81895 weak Quality only faie Prices ranged steady on good fat butcher stuff light stockers dull Prime cows good steers prime cows good cows common to fair cows light veal calves heavy calves stockers feeders on good sheep com mon dull Muttons lambs common Hogs 300 cattle 3DO Minneapolis Grain April 8 1895 April May On 1 hard No 1 Northern No 2 North ern WATERLOO MARKETS WATERLOO April siass Flour per Pate Cattle choice 60 2103260 1000 beat table Batter Lard HMn No 1 country i No 3 country No Tallow IS 9 11 4 3 IS E STATE OF IN DISTRICT COURT County ss May Term I To all whom tt may Concern On Washington street in front of AB HEREBY NOTIFIED in of writing purporting to toil Wll of A H Morton riving been this lay opened wid read Monday tlie 6th day of May U tot proof of mime Dated April Mil Ut lots 6 7 6 and 7 lots 6 7 and 8 in block 19 and 8 and 10 block 20 lots block 21 and lot 6 block 23 On Jefferson street in front of lot 6 block 39 On Commercial Btreat in front of ot 3 block 38 of