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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 13, 1895)
- _ _ _ - - - - - - : - - - - - . - . . - - - - - - - - - - - - - - - - I : -I : r I _ _ _ - ! VTEOMAIIA DAILY DEE : WEDNESDAY , MARCH 13 , 1805. { - . _ IOtNEY ON TiE INCOME TAX fay of the Plaintiffs' Objectons Simp1) Perfunctory Oharactor . CONCEDES TWO POINTS FOR ARGUMENT . , l'lalntl ' Contcnhlon 10110 Uown to the N.'eelty , ; for Aneiinent \I'porton- - lenllll "lol"tol of the COlftlu- . ton leSlrdlll Unlorllr , WAStNOTON , March 12.-Tho proceedIngs - Ings In the Income tax cases In the supreme ' court today , opened with argument by At. torney Oeneral Oney on behalf of the gov crnment for tim valll ) ' of the tax. The court room Inside the bar was crowdel ) nnd there was no time when the lmied capacity of the room wa slfclent to accommodate the audience. Mr. Oney began by saylnl that the chief Interest of the government In the litigation was limited lo the contLtu. tonal questions which the several plaintiffs allege to bo Involvell Whether they are really involved , he would not attempt to de. termino. An examination ot the piaintifts bills , briefs and arguments sremell lo him to show that many of the alleged objections ' . . to the validity of the Income tax were sim- p . ply perfunctory In character. "The ) ' are taken lIra torma-by way ot precaution-be- . cause at the possibility of a point developing In some unexpected connection-and just as a good pleader , ho his knowledge of his case and at the pertinent remltles ever so thor- OUgJI , never fails to wind up with the general - eral prayer for other and further relief. No tme need be spent In discussing the aver- nlenl that the Income tax law Is an In. vaslon of private rights or takes property without duo Ilroeess of law. The propositions are pure generalities , and t them Is any. thing In thom , I Is because they com pre. 11enll others which are the only real sub. Jects of probable dIscussion. Again , suppose I lo le true that the Income tax law ) undertakes to ascerlatn the income . come of citizens hy' methods which are not only disagreeable , but are Infrlnge- mont of Personal rights , the consequence Is not that the law Is void , but that the hotly- denounced inquisItorial methods can not he resorted lo. The like considerations apply to the objection that the law Is to be pro - S nounced void because taking the agen- cies and instrumentalities of the governments of the several states I has not yet b en defnitely ad- that the Income of state ant municipal securities I not taxable by the United States when sessed as part of the total Income ef the olhers. ONLY TWO POINTS IN CONTROVERSY. "If I nl rl/h In these observations. " he continued , "the constitutional contention of the plaintiffs simmers down to two polnls. One Is that the Income lax Is : direct tax k- . ' and must be imposed according to the rule of apportionment . and the other Is based upon ' the alleged violaton or the constitution with regard to uniformity. " le declared that whether an Income tax Is what the constitution describes as a "direct" tax Is a question as completely concluded by repeated adjudications as any S \ question can be. H Is not 1 direct lax within tile meaning oC the constitution unless that lhe concurrIng judgments of this court bave all been erroneous. Speaking on an- other point raised by the appellants . he said , no land tax Is aImed at or attempted by the zlatulethere Is no lien on land for pay- lnent-and the whole scope and tenor ot the statutes show the contemplated sUbject of taxation to be personal properly and lobe d _ be nothIng else ' Mr. Oney devoted consIderable time to the meaning of the word "uniform , " as applied to the collection of Imposts , excises eta. , declarIng that the word had a terrioriaI aI- plcnlon and no ether. "flu ! power to tax , " he said , "Is for prac- tcal use and Is necessarily to , be adapted to the practical conditions of human life These are never the same for any two per- . lens , and as applied to any community . how- small diversifled. Regard t ever smal , are Infnitely diversIfed. - gard being paid to them. nothing Is more evident or has been oftener declared by courts and JurIsts than that absolute equality ot taxation Is IlIlpoSsible-is . as characterized In an opinion of this court , only a 'baseless - dream ' " -4 NEVER ABSOLUTELY UNIFORM. No country for example , no slate of thIs union , ever adopted a plan of taxation that dll not exempt some portions of the corn- . , tunly from 1 burden that was Imposed upon others. The power to do so Is unquestioned and Is universally exercised Nevertheless , i i the privilege to exempt has bounds. I can- 4 _ not be used without regard to the end In i ; view , nor to gratify a mere whim or caprice. r The rules ef uniformity place no restriction , . upon 1 divIsion of the community Into 1asses for taxable purposes which the leglH- t. # - lature may deem vise Uniformity between members of a class created for taxable Ilur- poses Is required. I Is quite beside the Issue to argue In this or any other case that congress has mIstaken what public policy requires. On that point congress Is the lee and final authority , and Its decision once Inlo controls every other department of the government. The statutes make no exemp- tion of a class that Is based on some obvIous ton of public policy , and the class being established - tablshel , one unIform rule la applicable tU ! its members Take for example the Ilrlncl- ' pnl casifcaton ef all-the grand division by which the entire population of the country - ' try Is separated Into pcuplo. with Incomes of $4,000 and under who are non.taxable anti people With Incomes of over $ ,000 who are taxable. I Is manifest that In this Ils- tinction was proceeding Unclon congress upon definite views ef public policy and was aim- r Ing at acocn1lshlng a great Public good. H was seeking to adjust the bail , at taxation lethe the shoulders ot the community In the ! llOfl- tier that would maIze It most easily borne and most lightly ( cit. Take another iliustration-titat of business corporations. The net Incomes are taxed at corporatons. the utandard rate of 2 per cent , but until. mlnl8het by the standard deduction at $ ,000. The result may be that a man In business as a member of a corlloraton la taxable at 1 little higher rate than a man In the same business by himself or as a cOllarlner. here , I la claimed. Is a distinction without a dlt. - ' . feronce I Is common ! knowledge that cor- ( ralons are so successful an agency for lhe conduct at business and the accumulation of wealth that 1 large section of the corn- munly views lhem with intense disfavor as maliciously and cunnlnHly devised inventions for making rich people richer and poor pea. pIe poorer When , then , thIs Income lax law makes n special class ot business corporations . tonl all ! ! taxt their Incomci at a higher rate than Is applied to the Incomes at per. eons not incorporated , Il but recognizes exIsting . Ilng social facts and cOlllons which I would be folly to Ignore. Mr. Oney closed as follows : STAmS Aim NonMOUS. "It would certainly be a mistake to Inter that this great array of counsel , this elab- orate argumentation and these numerous all voluminous trealles mlscalell by the nale ot brlef have any lCllency to indicate any- thing extraordinary or unique either In the facts before the court or In the rules of law which are applicable to them , All these t clrcumslances pro\e II the Immense ilecuni- ary stake that Is being played for I Is so largo that counsel fees anll costs nll Print- ers bills are absolutely of no consequence SI I Is so large all so stmulnte : the efforts ot counsel that no rule or principle that stands In the way , however well setlell anti , however long anti universally acquiesced In , Is suffered to pass unchallenged. I Is matter . ter for congratulation , Indeed , that the exlat. alIce of the constitution itself 18 nol 1m- eached and that wo are not treated to a logical demonstration that , for eli taxable purpose , we are still under the old articles at confederation . Seriously speaking , however , I venture to suggest that all thIs laborious flint erudite anti formidable demonstration Is ( bound lo be without effect on one distinct grund , In its essence anti In its last anal- ysl8 , I Is nothing but u cal upon the JI % . I I dlclal department of the government lo sup 3liant the political In the exrciso of the tax. lug howe ; lo substitute its 'discretion for that at congress In respect to the subject of taxation , the Illan of taxation all all the distinctions and discriminations by which taxation Is sought to be equitably adjusted to the resources anel capacities of those who have It to bear . Such an effort , however Weightily supported , can , 1 believe , have but one result I II Incvlably predestined to L " . - , 'j . ' ' . L 1" " ' " failure unless this court Ibl1 for the first time In its history . overlook and overstep the limits which separate the Judicial from the legislative power , and the scrupulous obser- vaton of which 18 absolutely essential to the integrity of the constitutional system or our country " When Mr. OnlY close James C. Carter began hIs argument 1e stated , that he appeared - pearclt for the Continental Trust company which had been allvlsel that the tax was con- etutonal , and he was glad to say they hall decllel to obey the law , for he was pleasc that there were Mme rich men who did not object lo the imposition at such a tsx . He slll the Juniors In the ( case , Messrs. Oulhrle and Whiney , hall confined themselves to the law , anti It remained for "the maeter" ( by which term he leant to designate Senator l dn1nd ! ) , to show that the question was one not confined to such narrow limits ali to show It dealt with the fundamental principles of the government and dealt with the entire governmental fabric . and In doing so , he asserted . serted Mr. Emunds Iall demonstrated the question was one with which the court was not calcl upon 10 .ieai CONGRESS SUPl : m 1N ITS SPhERE. Mr. 1'dlululs hall complained of the Injustice . justice perpetrated by the last congress. 10 we not all know that any congress can , IC It aces fit . anti desires to exercise Its prerogatives - tvs , trample upon the Interests of the peo. pIe ? The court cannot protect us. There Is no redrest. Congress has also functions as well ns the courls. I was to he regretted that In sOle cases better len were not sent to congress. "I am not , " he asserted , "one or Ihose who believe congress has retrograded - graded ; at least , I I 1111 believe I , I s'oul nol assert Il here , " which declaration caused , the court to smile anti sent a rlllllle at laughter through the entire audience . Mr. Carter asserted that he agreed , with counsel for the allpelRnts In the necessity for equality In taxation , hut he stated that the true test In the maler of equally was ( lie ability to pay , accordingly the principle ot levying hurdens. : . Carter Ilwel upon lie tendency of Ileollie to evade taxation and took Issue with Mr. glmunlls on the point that the l1euple 110 not pay the great burden of the taxea. The rich he said , were able to defend them- selves , whlo the poor men were not able to do so. "Inevitably , " he declared , "the ( poor must go to the svall . The object of the In. core tax was to , In I nleasUre correct this inequality and shift a part ef the load ' from the shoulders of the poorer classes lo those at the more opulent. " Touching the question of exemptions , he said It was necessary to make them , ns for , Instance the wages oC the laborer and the Incomes of the lower all middle classes What then have you left but the Incomes oC lhose who have all that Ii i ! loeeszary lo sup. ply the wants at lifo and a surplus besides ? "There Is a source oC taxatIon which no wise statesman should leave untouched . for he can take from that source without affect. wihout : Iect- lug the comfort or welfare of any human being. Why for Instance , should nol Mr. Edmunds pay a tax upon a fee of $5,000 the same as the Vermont man who owns a $5,000 : farm ? No . the Income tax had proceeded on I the ground that a parl of the burden of tax- aloh should be levied on tie rich and not on the poor . Just as n wise economist - - II nrh'nln life ' would not live upon his capital i ; ' but would , de\otl his Income to that purpose " JUSTICE OtA Y ASKS A QUESTION Furthermore , the capacity to collect as well as to levy a tax was held In mind. It , for instance , the lmit In the Income tax law had \en placed at $20.000 instead oC $4,000 , It mIght b that In Texas there would be no one with sufcient Income to make the law appleaNe to him and thus Texas would remain altogether untaxed under that law. " At this point Justice Gray Interrupted Mr Carter to ask If he did noL believe the framers - ers of the constitution had meant In 8pely- lug duties , imposts and excises that all other taxes should be regarded as direct and to hold to the Idea then so prevalent of coupling ( axe- ton and representation . but Mr Carter replied that such a construction would put I limit upon the constitution by implication which he did not believe would fall within the duty of the court. The framers of the constitution evidently proceeded upon the theory that they had dispose of duties , Imposts and excises by proscribing them , while alt other taxes provided must necessarily follow the rules of . apportionment. He did not believe they would have been caught In such a predica- ment. Discussing the question of the meaning of the word "uniformity , " as use In the const- tuton , lie said It was known that the framers had In mind territorial uniformity , but I was not known that they melt : general uniformity - formity Nor could he find an injunction of uniformity In the word "tax" as others professed . tessc to do. Mr. Carter was discussing the question of classification when interrupted by' Justice Whie with an InquIry as to how he would account for the varIous decisions at the courts to the effect that attempts at classification were In fact not classifications , but mere eva- sions. "When. " replied Mr. Carter , "ther 1 an evasion 1 grant It Is an exercise of arbitrary power , but when these acts are based on pub- lie grounds and do not constitute an arbl. trary proceeding , the act Is legitimate . Congress - gress , In such a case , I seeking to establish Its own policy. I may be right and It may bo wrong but I Is guilty of no evasion and It does not become necessary for the courts to Interfere With regard to the assertion that the sub. jet of taxation In the case of state and munt- clpal bonds was nol In the power of congress . he malntatnC that the question hal never been determined anti was open to argument CHOATE M.ICES THE CLOSING PLEA Mr. Choale followed Mr. Carter , speaking for the appellants. His Is the closing argu- mont In the case , and as he began only forty minutes before the court adjourned for the day he hal only fairly opened when the hour for adjournment arriveti "After Jupiter had thundered all around Ito sky antj had levelel everything by hIs thunderbolts , " ! r. Choate began , "Mercury came out from his hiding place and looked around to see how much damage hall been done , but be know that It was only stage thunder , anti was enabled to reassure gods and mcn. " gels He came as Mercury did , to bring cain and assurance and be would not attempt to I vie with Mr Carter lie declaretl he had never before heard"the argument used by Mr. Carter that the popular wrath might In any e\ent sweep the supreme court away. He hind ' been likewise surprised to hear that congress was to be the 50le jude of the powers confided to It by the constitution . As for himself , he believed , there were prIvate rights of properly to be considered , and he believed this court was delegated to pass upon such questions as were here involved without aslllng the consent of the attorney general or anyone else He declared the income tax was communistc , and said I was defended here upon prInciples wa prlnclplel as com- munistc , socialistic und populsle UI hall ever been addressed to 1 popular assemblage , I and he had been astonished that the alor- ney general had made a plea for its toleration : on tl ground that It was directed only al the rich Mr. Choate said I the law was . entorcell New York , New Jersey , Massn. chusets and Pennsyh'anla would pay nine- tenlhs yel , nlitoteen-twentletiis. et the ( ax . This , ho declared , was sufficient evidence of inoquahtt. lie conlro\ertell the posilon that Lucre was no hell for this state of affairs . lie thought I would appear differently In case Il could he shown the constitution hall heen contravened . He did nol believe unller lie constitution congress could undertake the functions at le\elers. I the exemption as IOIlrovllell was sustained hy the court I might be extendeti , I the power was to be checked I must he checked now Stnl. lug the plan ot his review , Mr Choale said hIs Ilo<on was that lhe income lax Was wholly voId hecause absolutely anti In all its parts It was a direct tax and not imposed by the rule at apportionment . He admitted the possibility at the unwillingness ot the court to accept this view In all Ill breadth , anti for title reason he woull IJreent the case on somewhat narrower grounds , In accordance wIth Cornier precedents , In all malers accorlance excelll In lie case of the Income tax. The basis ot his argument would be the clear t1stnclun between direct taxes on the one hlml 1111 excises and IIPosls on lie other lie would assume that all duties . Ilposts and excise excse taxes were shut out tram the class of direct taxes , whie on ( lie other hand any tax en the Income tram real estate , etc. , was a direct tax and therefore Inhibie hy the colt- stitution . ? ilr . Choale will take UtI lie con- stutonal aspects ef the Queston upon the opening at his , argument tomorrow . - - , Not Moiie'y J noulh to In IUIIUl5. , ST. JOSEPh , March 12.-lI. l. Garlch , a nienijier of the State Board of Fish com. missioners , sent his resignation lo Governor Stone yesterday to take elect immediately The yearly appropriation for the board had been Illaced at $5.000 , although , Mr Gar. Ich sYI , $2 , OOO Is needed , and It I for this reason he resigns. . . . . . , , , . . _ : < . " . : S . S ' U - MIGHT CALL CONGRESS BACK - I the Inoomo Tax is Defeated in Court an Extraordinary Session is Probable , - MANDERSON TALKS ON TiE SITUATION lefdncy In the Revenue Cltnln , to 101. low I the I.aw 18 Jrll UnronAtlu' tional- ' " ' 11 10 11 nil Ilmrclh\to 'nellclal 1.egiaitution. WASINGTON BUREAU OF TiE DEE , HOi F Street , N. W" , WASHINOTON , larch )2. "I can see but one reason , ' says ex.SeMtor Ianderson of Nebraska , .tor the calng of an extra session of congress. I hare never though that an extra session of congress would be called , and I 10 not now agree with the agitators ot that possibility , but I can see In the Immediate future one contin- gene ) ' which mIght induce the president to believe that an extraordinary session of the . JH.tonrth congress shoull bo calletl . I have always bele\el that the Income tax clause at the revenue bill of 189 was mu- constitutional. I believe ' that It Is consltulonal. bele\'e nOI' Unconstitutional - constitutional . and I am confident that ( lie supreme court will declie In the case IJeI1. ) lug before It that the Incole tax cannot ba collected , for the reason that I Is unconsl- ( utionni. In the event of such I decision tram that tribunal , there would he a maul- test deficiency In the revenues oC the gay- ernuient which mIght influence the mind of the president lo such a degree as to In- duce the belief that an extraordinary sea- slon at congress should he called , ' and of course It the president should entertain such an opinion he would not hesitate to Issue a proclamation convening the new congress for the purpose of bringing ahout remeilal financial iegisl.itioii. I do not believe that there ts a democrat today living who Is old enough to remember the experiences of himself . self and his neighbors with the Income tax of war ( hues who will say that he be- leves the Income tax Is constitutional. I Is a direct tax Ilre and simple , and places Ulon a certain cass of citizens n greater burden of taxation than Is Imposed upon other citizens having equal rights before the law , and under the consti- tutiorm. I recollect very vividly how unpopu- lar lie income lax was In lie army Officers went very unwilngly to the paymaster amid permited deductions from their salaries on account of that direct lax. OC course we all realized that I was one ot the hardships oC war , and apparently 1 necessity for the rove- flues of thl government at that time , but we regarded It ns 1 great hardship to be obliged lo give up to the paymaster a percentage of OU ( ' pay when the greater portion of It was already mortgaged . Of course we bought all of our rations . and were indebted to the sutler , the cOlmlssnry al11 to 11o quartermaster - master for many of the necessities of life , as well as what were then caleJ some of the luxuries at life In the field. We would draw the pay due us for three or four months and : give to the paymaster such deductions as he Ielanded for the Income tax , and then were obliged to distribute our money to the antler , commissary and cluartermaster. The Income tax was a hardship , amid the only possible excuse - cuso for I al that time was that It was one of the necessary hardships of the war ; but It was as unconstitutional then as It Is unconstitutional - constitutional today I can , however , see no other ground for the rumors which are prevalent - lent to .he effect that the president Intends to cal an . extra session. " HENDERSON AND CANNON FRIENDLY. Colonel Henderson of Iowa Is now the sen- Ior republican member of the house committee - tee on appropriations . By all rights of prece- dent and procedure , Colonel Henlerson Is en- titled to the chairmanship The fact that ex-Chairman Cannon Is 1 candidate for the chaIrmanship ha given rIse to a rumor that Henderson and Cannon are at outs , and saying - i Ing hard things about each other. As 1 mat- I ter of fact , there are no better friends In congress than Henderson and Cannon. They live at the same hotel when In Washlns- ton , have rooms'on the same floor , eat at the same table , and love each other' as brothers ; even better than some brothers. DurIng Colonel Henderson's recent confinement lo his room on account of a second amputation of his leg , one of his most genial compan- Ions was ! r , Cannon , who spent many an hour In his room , telling stories , playing cards and narrating the daly events at the capitol to divert and amuse his trlend. No matter to whom that Important chairmanship may go , Cannon and Henderson wi con- tinuo to he friends . Concerning Colonel lenders - derson , In the conversation above referred lo , ! r. Cannon said : "He Is one of the noble fellows of thIs earth. His soldier record Is superb. As a legislator he has been honest , fnlhful and patnslaklng. He would be I good chairman of that commlUee. He has been 1 member of It for about ten years His appointment would bo a wise one , for he Is capable and honorable. But oC course I want I myself , and hope that I may get it. " During the last few days of the Flly.thlrd congress , when there seemed to be a pos. slblly that sOle oC the appropriation bills might tail , there was a great deal of gossip concerning the possibilities and lie ( proba- bites of ( lie necessity of an extra session oC congress , but when the time for adjourn- men arrived all of the great appropriation bills had been passed , and lied received the approval of the president , so that , unless the supreme court decision may render It necessary - essary , therO Is not now . anll there Is not likely to be In the ImmedIate future , any necessity for a proclamation convening an extra session. WORK ON RIVER IMPROVEMENTS. Captain H. hedges , who has charge of 1m. pro\emenls on the MissourI rIver , between Stubbs Ferry , Mont. , and the lower limits of Sioux City , has submitted his report of the work done durIng the month a February aL Sioux CIty . Operations have been confined to calking and repairIng barges. The river Is still closed and no further operations can be undertaken as ) 'el. At Pierre , S. D. , three carloads of lumber were delivered uller contract by James H. Owen , two of which were rejected The repaIr of the plant at that place has been In progress during the month. The report states that at both Sioux City and Pierre the repairs to the Illants : ( will be continued during the monlh at March , all materIal will be received. Lieutenant Colonel MacKenzie : , who lies part at lie Impro\ements on the Mississippi river , with reference to the operating and care of lie Des Moines Rapids canal says : "ThaL the canal has been closed to navlga. lon during the monlh and a portion at time repairing operating force has been employed In the machine shop emi miscellaneous repairs , and a small alhltonal force has been repaIring - paIring the ( plant " The work ot construe- lon of dams anti shore 11rotectlon tram Dubuque to Clinton under contract with Jachman , has been kept up during the month and wi he conlnuell during lie current niomi ( hi. Postmasters were appolnled toeay as tal. lows : South Dakotli-hlakerville , Cusler county , Meh'ln Lucas , ylce A. I ) . Ennis . reo : signed. Iowa-Genoa , Wayne county , " ' . T. Close , vice C. W. ileckerhiormi . resigmmeil . F. I. Riley ha been ( awarded the contract for carn'lng mal between Devoe and F'aulk- ton , S. D. , nl his Ilrlce at $ iG.71. IiMElIl.t'i 0\1. , \.3un' I'Rlm : , norman Animals Show a Larger 1'crcemitao l'oroontllo ( f 11..1. " 'hal Ulr , . W\SINGTON , March 12.-ln revIewing an article by Velerlnarlans BOYBn and \ . lers on the Imporlalon of American beef cattle , lhe ( II'Hlenlche Huneschau , Hamburg , under date of February Ii , says : 'ho au. thor 11rollsl against the misrepresentations anti tears which are scattered through the mueit'papers that tuberculosis exists In cattle In Amerlol to an enormoul dugree , and also . list ( Illeuro.pnoumonla Is still more pre\alen I and list ( lle Amerlcln stock raisers are forced on thIs account to ship their cattle lo Europe at a merely nominal price. In 11am- burg tram the ( year 1889 to the present time yar tme there were In all 1)01 and In other German cities altogether 918 imported cattle Ilaugh- teredo These animals were subjected to a careful veterInary inspection , not only before beIng slaughtered , but afterward as well. I wee hnlloulble to fine Illeuro.pneumonla In a single cue , while tuberculosis was present - ent In only four at these animal. In two l at lie latter the ( entire carcasses were con- demned while with the other , whl wih two I was ' . . -S- . - . ' only necessary to tltmn Ingle organ Accordingly only on41ttentieth of 1 per cent of the American ciltlqi , were tuberculosus , whln 20 per cent of , the German steere slaughtered In 1anthlfif have been found tubercular. 1 I notthedarentheticahly that , strange to say . the American cattle were very tree tram liver flukes , The report consler the condition of the stoelt lS fully equal to that of the ( stock rbHti on home meadow lands. Been anti "clerl see a coming danger In the Auneriqan meat for the German Ilroluees for the German meat tralle , which Is well founllrl , not 'onlY ' on account of the lower price , but In lhe high staullarll at cat. tie breeding and In the perfection of the American cattle. The Germaji "tock raisers are ahhc to study the achievement of AmerIcana In stock 1nlllg and to consider how lie ( ( tuberculosis which I constantly spreading around them In lie German stock may bo arreslell. TIMIU:1 ( i'll 111.10 r.\NIH , Conrr , Mlutn No I'rovl.lon for the L'ros' cr"aUon of loreAtA. WASIINGTON , March 12.-There Is some regret expressed In lie ( Interior ) department over the ( alure ot congress to amend the present laws relating to the cutting at timber on public lands and for the disposition et timber , not only upon the forest reservations . hut upon other tmlered Innd Secretary Smith said that the fUhslute trained hy Senator Teller , which passed the senate about a week before the final acjcurnment of congress . grs ! . and which never received further con- shlernlon owing to the lack of ( tine , was satisfactory to the department with one or two exceptions , and these excelllons were of such a minor character that little trouble was antici- patell In fnelng an atijuustmncnt . The fact that nothing has been done leaves the secretory - tory without mla&ures or means to protect the ( forest reservations or to dispose of timber - ber upon other lanlls except under the permit system , which he has not found advantageous , Another effort will be male In the next comi- gress lo secure legislation for the better protection . telon ef forests on the ( . pUblc lands. IRSTIW. . LEd1JZi - SWJUUS CLOS"l. UIsilutc8 All Settee , "e n Seheduto for time ! C""I t'"lu"ly % A it "lit i'd. : nr.\VAUKEE. March 12.-The board at directors of the Western league met today nt the St. Charles hotel nod settled l nuin- ber of dIsputes . Toiiy Mulane was nwnTled to St. Paul amid I'erry 'erden was ordered to pIa ) ' with Itlinneapolhi . The schellule committee worked all night on n schedule , ant todity submltet I for cotisideratiomi . I allollted lie ( Bchellule for next seuson short ) ' before mnitimuight. The ! eaRn opens ilay I , lS follows . : Kansas CI.St. Paul II Kansas City : Mil'atikee-Minneniohis at :11- waullee : Detroll-Tolello at Dctrol , and on May 2 , Inllllnpols.Grand Rnllils al in- tiimunaimhliu. 101111) ' Hames are ns follows : Mimuuienpolis anti St. Paul : ' : lnneapols 1)flY two gamne . games July 4 at llnuenllols : Kansas City and Mu- waullee two gaines July 4 at Kansas City : . Grand Haplls wih Kansas City al Grand Jtapils . two games , Nuty :1 : : Detroit and , St. Paul two gaines nt Detroi on September 2 : Toledo and Mlnneupols at Toledo two gamuacs May 30 ; Toledo Ind "lwnullee It Toledo . two gaines Seplemher 2 ; Toledo and Detroit . two guinea at ' Toledo July 4 ; In- ; Ilanapols Inl St. Paul at Ildllnnl1ls. two ; games . , May 30 ; Indianapolis and Kansas City at Indianapolis , Septemher 2. two games ; ) nlnnapols and Grml Rapids , two games at Iniianapols , , July 4. JESULS O Tl1v ituiea TRACe - Hey AUI nt' 12 to 1 } Vas lie UOII Thing or ! the JAY It Uny Iiitrlct. SAN FRANCISCO : March 12-The departure - ure of 1 number of stablbs for the cast has made no difference In the . size of the fields and all the e\ent Qday were welt filled. Roy Ala was the good thing of the day. le opened at : to 1 : and was backed down to 12 to1. Jim Neal 'WOI ' $ ,0 on thl race. In the third race . Aioip . . 20 t I , was left at the post. Dell Ringer , 10 to I , broke down In the steeplechase and did not finish. Summary - mary : First race . 'bout sIx " funongs , selling : Don Caesar 100 , Grlln (9to ( 10) ) , won ; Prince De- vine 9 Chor (5 ( to 1) . second ; Emma : Mack. 95. Sloane (0 to 1) ) . third. Time : 1:14. : I Rosalie . Ed Stanley , Mqwltza , 1endoclno. ! la'market , Sissy JUp Yansadene and Santa Hosa also ran. ' / , . Second race , si ruriogs. aching : 1 Tey Aln , 10. Sloane (2 ( to 1) ) . won : Arnete , 88. I Qlnne (2 ( % to 1) ) , second : Ldall , 10. Grltn (5 to 1. ) third. Time : :15. : Toby , Burmah , ' 'crrn Nova , King Sam and Sympathetic's Last also ran. Third race seven furlongs , selling : Ionnle n. 126 , N. Carr (2 ( to 1) ) . won : Remus , 128. Smith (2 ( to 1) ) , second : \Vawona. 125 , Grltn ( to ! ) , third Time : 1:291. : . Barcaidlne Little Bob \\arrHo. Olivia . Huntsman , Red Pat , Robin Hood I and Allolph also ran. Fourth race , mile and I half , steellleehase : Three Forks . 126. Clancy (2 ( ½ to 1) ) . won ; April . 15 , Calms (8 ( to 1) ) , second : \Vynn. shot 13. Almarlt (8 ( to 1) ) , third. Time : 3:22. : Guadeloupe , Nestor. Belampo , Major Dan. The Lark and Del Ringer also ran. Fifth race six furlomigs selling : Hyman , ' 10. Chor (4 ( to 1. won : Mary S. 102. Grttth ( to { ) , second : Thorn 10. Co\lngton 00 to 1) ) . thtrd. Time : , 1:14. : Mnhogan . harry Lewis. ROJlton and Miss Ducdy also ran NEW ORLEANS , March 12.-\Yealher rainy and warm : track ead. Results : First race , five furlongs : Chenon (3 ( to 1 ) won . Herklmel (4 to 1 ) second , Maquon (9 ( to 2) third. Time : 1:01 : % . , Second race sIx furlongs : Virgin (3 to 1) ) won Lucalo ( ( to 1) ) second , Joco (20 ( to 1) ) thtrd. Time : 1h8 : ½ . Third race seven and " a half furlongs : Mote ( ( to 1) ) won , napldan (4 to 1) ) second , Volt (3 ( lo 5) third. .Tlme : 1:30. Fourth race , six furlongs : Gold Dust (7 to 1) ) won. Tramp (4 to 1 second , Hodgson (6 to 1) ) third. Time : 1l7. Fifth race , six furlongs : Colonel A. T. Moore ( to 1) ) won. Verdi (3 ( to 1) ) second , Adult Fey (2 ( to 1) ) third. Time : 1:21 "nU ( 'hate ( 'omning Up. An old-time wolf chase has been on the tnplR among hunters or Omahn for some , time. Several lover of the sport are the possessors of excellent foxhounllR. To de- clue the relative merits It has been agreed that two wild wolves will he turned loose at 1 a. Ta. , Friday March 18 one mile west of Florence on lhe Nelson airy farm. The wolves will he given thirty minutes start and then the hounds will be given the eent. gven The owners of good , hounds of Omaha and Council fluffs will enter. There Is no money consideration . but nIl who desire to pat'- tclpate will nOl ' Peter Stock 1811 St. ! Man"1 avenue , not later than Thursday eventng. _ _ _ _ _ _ _ _ _ _ Eastern II" ' I.ol/uo Formed. CEDAR nAPIDS Ia. , March 12.-Speelai ( Telegram.-A ) baRe ball organization to be known as the Eastern Iowa league was formed , In this city tOllar' ( Thp league will consist of seven Iowa lnt one llnoll tOWnS Otcers elected were : I'reelden ( Tom IJorus , Dubuque : Vice Ilresident , H.V. . Sweeney , Galesburg , Iii. : treasurer , T. S. Metlalf , Cednr Hnpills ; aecretury. George S. SItu- Iart , Dubuque. Salary limit was 1150(1 at ir,00 . 'he season opens May 10 atl contnues foul niOnthiS 'i'he league comprises the (01. lowing cities : Iuhuluo , Davenport Cellar Ttnpitls . Clinton . Uurln"tonntor 00 amid Marl11own , Ia. , and' Gulesburg , Ill. anl l'lgt'nn Race tin the CCU ! . SAN FRANCISCO , March 12.-A pigeon race II being armngtl' ' for next June , the course to be from ( iui . rl\ ( \ ( & ' to ( Portland , or a ilistanci' of over 70 tudles on the airlne track. Souther blr.J IHWe gone Into tmln- Ing ; for the race wll ( a 1)1 slall" nail ten tleR that sum In side ' $ . The owners are II\ul pigeon fanclri1 of Portland . 'fh" trainer atnlted the hlrdspn I trial trip at ! o'clock this morning. 'fhby mire expected to ITtve II Portand In-twentour hours. 'i'hie plleons will be sent to and from over the tilt' hirue ' truck at frtillenl Intervals until the day of lie race I I" n. Ihrl I I , ' . . \II'nI1hlo "I rl n . LOS ANG II S , Mlf ' \ 12.-g. J. Baldwin his 8hll11ell ) the following horses to Mem. Ihls : San DIego , BJI0 : ( i0 , HIY m Santa Ania , Aruluhoe , - ) DaI 8lonlll , Caracas , Hey Il Alrrellei. Granada , Alumo. Santn Cntz ; ' la Fiesta , Chllula , I.ar ) ' Iiamnond , . BI ( lllan , Florenta I.a Palomna. urloa ! , Ork" . Eumilne . Del : Coronllo , \'lsalio , Ouprl' Alln , \olate ( , \r- geiiturut' , Hnmlro , Hulhll Water , 1.lvlnta and Aivarado , _ _ _ _ _ _ , , C 1'\10" fur \nll" Ir't ( , , , , . ( I'Y OF MEXICO , March 12.-James F. Carrel In nnswer to Jack McAuliffe's awec ( Ing challenge Jo light him lo n fInish for the IIhtwellht Clllllenshll of the woril , claims I lint when McAulffn heftetl him they fought out of cns $ . The Mexican Natonal Athletic cub will hang up $6 , ( ) for the con- test. _ _ _ _ _ _ _ _ "I.t for his Ilolrict. SAN FRANCISCO , Mlrch 12.-'fhe Pacific Coat Jockey club hucell b ) 1:11 Corrigan allIolll Sllreckll , 'I' been Ineorporte.1 amid work on the new Irrl : ut Opean Side will loon be conunelcel. ( Orllli , Jsmry NI I'llly'nt , NEW YOU { , Much 12.-The extraordinary grand jury again Ilaappolnt d the ( crowd that gathered In the curl foyer and terminer by not reporting tOday , After adjournment mEtrlcl Attorney Llndbey antI Judge In. graham went to the jUdg's Ilrl\ale chambers . MOB HELD 1.ULL . S'VAY ' - . ( Conlnuel trlm J"rt ( Page. ) - - - - - - - - This trouble hal been brewing for I long 1mI as every one knows , at least the IJapers would seem to give ( hat Impression " General John l\'nn. commaulilug the state troops , \as seen this afternoon by nn Ano elated pres reporter anti asked what action lie militia would toke In ease ot further trouble . GenerAl Wynn stated he was engaged . fagCI In keeping Governor Foster well in- formed upon vhiat \as taking plne here ; that orders received by him front Governor I os' ter votmlti not be disclosed , but that orders Is- sued by hlmselt he could male public , but he hal not given any , Iwaltng the commands at the chief executive. A visit was Ihen paid lo the BrItish consulate - late on Carnlelet street , between CRnal and Common streels. The consul st tell tmt Call' taln Woods of the Britsh st(3mshlp nRlneer hall called upon him In the morning after Purser lnin was eliot , and mnllo a statement of the ( tact of the shooting. The consul do- clnell to mnke nny statement as to \ lInt ac- lion would bo taken GNU 01 TIm INJUlm nms. Leonard : Ielarll , the uegro who was shot In front oC the Sugar exchange this morning , dlell at the Charity hOlplal at 6:30 : p. m , J. H. laln , the wounlcil purser oC the Brlt h strainer Emigineer I . Is comfortably Quartercd at the Touro : nf'mar ) ills wounl ! are by ito means so serious its they were at first sUllposed lo be AnoUla holy lies heen Illenlfell as lint at Henry James , a colored laborer I . lenry 1nnl , a colore,1 laborer , who re- slles In Algiers , crossed the river this menu- lag In search of work , all hnll just left the terry when the ( firing began , lie received a load of shot In the hotly . arid was taken hack to his home , where he now lies In a dangerous condition . The police , tilt to ' 8 o'cloek tonight , had malc but two arrests Iii connection wih ( the riot. Mike Fitapatricic amid Robert Irooles , both \ 'lte screwmen , were taken Into otis- taly In the iuiorning Both men were woul\l. cd , Irolls In lie ( groIn nli 1"ltzpatrlcl In the wrlsl , a 111 mire said to have been shot hy their comrlles during lie promicuous firing. The prisoners were charged wih inciting . citing to riot aul were remanled to await 1 hen rIng. .Cainily reviewing the happenings of the morning , e\erythlng would seem to Indicate : the attack to ho a prearranged affair. J Is rumored , amid there Is every reason to be- hove the rumor correel , Ulat n secret meetIng - Ing was held last night amid the bloody n- fair of this ' , morning carefully mapllel out. The details scent to be that lie crowd oC rioters who were sent up town were residents of the lower districts . whie those who were Eent down town were those who live up ( own. Time guns ali rifles which were used hy the down town men who went up town seem to have been deposited In the various saloons along lho levee. The men assembled somewhere In lie vicinity oC Nun street , and In a dense tog procecled Ull the le\'ee. I seemed to be generally understood - stood that the guns used by the men who went down town were taken to some place.in the vlelnlly of lhe sugar rcfnerles In a wagon tumid then were secreted until such time as they were required J also seems lo bo agreed that In the Ilreconcerted attack the shooting should he done between G:45 : all 7:30 : o'clok . at a time when the men would be going to work. NO FEDERAL I TI nJI'ImNE NEEDED State Authorltos Conddorcllmllly Abto to munititmo the Dimoulty. WASHINGTON , March 12.-The United Slates wIll not send troops to New Orleans until I has ben fully demonstrated that the city and slate officials arc no longer able to maintain the peace and protect the Interstate - stale traffic. ThIs determination was reached late thIs afternoon and telegraphed to United States Attorney Earhart at New Orleans. Mr. Oney , In speaking of lie situation at New Orleans , said that so far as he has been able to lear neither the city nor lie state authorities had called out the local ' militia er taken any vigorous measures to suppress the existing lawlessness. lIe had no doubt however , of the ability of the local authorities to handle lhe mob If they really set about doing so , and In any event the government would not Interfere until the situation was beyond the control of the slate , aided by aH lie military force at Its com- mand. The British ofcials here regard the pres. enL trouble In New Orleans as tIme outcome of racial agitation. Time progress of hue trouble Is being closely observed by the Drltsh of- dais , though they feel confident the local authorIties In LQulslana are doing everything possible to suppress the disorder , and I the trouble passes beyond local control the fed- oral authorites will take such steps as are necessary to protect foreigners and AmerIcans - cans alike. I the offense was shown to be against Baln because he was an Emmghishinian , It Is expected Sir Julan Pauncetote will demand - mand un explanatIon. If , however the man's nationality had no part In the affair and Ito was hIt because he was In the mob , then nu attention will b given lo the IncIdent The acton of hue Italian government at time time of the lynchings Is cited lie : S ruling too- tve of Ito diplomatic aspect of lie trouble The lynehlnHs irene against Italians a Buch and not against a miscellaneous mob , Includ- lug Italians. _ _ _ _ _ Algele Congratulates Olnoy SPRINGFIELD , Ill. , March 12.-Governor John P. Algeld was this evening asked his opinion regarding Attorney General Olney's negative reply to the request of the United States district alorney ( al New Orleans Dsk- log for federal troops to assist In quelling the riots therc. Governor Algeld ( expreasod some surprise that the national government should change its policy absolutely regarding ( lie sending of troops Into states where ( roumblo existed , lie 'maintained ( lie iiosiion ( Ito took last smuninior when federal troops were eeiit into Illinois. lie said Attorney General Olney was clearly rIght. lie said In part : "This embodies ( lie very essence of local self- govcrmmnienmt , and free lnsitutioas canmiot ox- tat without respecting timis principle , The country is to be congratulated on the fact timat ( lie goverminient at Waslminigton can have a lucid Interval. " Orders for .tsrniy Men. WAShINGTON , March 12.-Speciai ( Telo- gram-'Capaln ) William W. Gibson , Ord. nanco departnient1 svlhi proceed from Water- town Arsenal , Mass. , to Providence , R , I. , On busimmess pertaining to claim made by ( lie hiuliders' Iromm fouiidry for work done in ( lie manufacture of twelve-inch mortar car. nlage. Captain William C , Rawohie , Second cay- airy , is granted ( linac months exteuttled leave ; First Lieutenant harry C , Corbaugh , Fifthm artillery , ititeen days extended leave ; First Lieutenant Johmn T , Thompson , Ord. nance deparmnemut , fourteen dttys extetidotl , . renD J -D : - . FIFTEEN S ! , , j-- ; _ t DOLLARS ' . ' t \1 \ . , t , ' 'r" ' 4 - : : ' 1.otvn nnd S uiionthly , . . You Cli bti' a iliio --PIANO- Orchestral gm'and , 4 feet 0 Iiichcs high , 3 pctht1 , ongravoil hiflhlels , lvot'l' keys , contintious hinges , choice of vatiaut , nrnlmogoiuy or oalr cuso , stool I ifldSCtti'f ifldSCtti'fWHY WHY PAY RENT \Vlioii yoIt cami ltut'o cvel'3' dollar you pay right In your hotiso , ailti tllot'0b3' mnutico ut sn'Ings lamlk ) of your iuistt'uiutoiit ? Call on or addm'oes ' A IHJOSPE Tr 113 DIIII t5 , . - , J S Omaha , Neb , - - - - - - - - - - I S lineof showing tile most complete and handsome ' S priug a lldSummer Woolens : in the city , , S - . - Atprices o it your purse. ' - , - - - : - . : ' "BREVITY IS THE SOUL OF WIT. ' GOOD WIFEI YOU NEED SAPOLIIO Hne Cooking at Home , Sorno poopo tliinlc that they cuminot prepare the delicate soups and BIUICOS and delicious made dishes which are peon- liar to the best Fromioli cooking in their homes. But by use ot Liebig Company Extract of Beef as a stock for Soups , Satmcos , Made Dishes , they cuet be made easily , cheaplyand successfully athome. . N Ii , Got the genumine Lebg ! COM- PANY'B ' and avoid ( hisaju Poiultiilumit Heo ( limit tim signauro of JuSTmJS vo Lixnna is lii blue oni thu jar , WILDOUCLAS cuf' i5THi3E8T. U P fl I ; . ruT ro A KiNG , . C O1 D O1TAN FRU4CH8tNM1ELED CALF. * - 43tPFuNcCALF&RANOARO - F'9 tf S $3.PPOLICE,35OLS , : , . - S -r ' XTl2A FmN' a j : 2.I7. ' BOYSdHOOLSHDU 5 ; - 'L.A.1oI8' S , : S ocorL2 - , , S ' . bsQcKTou4'z1.Aza. Over Ommo Million People wear tbo w. L. Douglas $3 & $4 Shoes MI our shoes are equally satisfactory ' They give the best value for the money. ' Time ) ' equal custom Ihoe. in style and Ut. Their wearing qusilties are un.urpatucd. The prices are mtnilorm-stnmpcd on oie , From Si to $3 * ved over other makes. If yourdeaier cannot supply yomswe can , Soldby AW. UowmanCo. , N 161h8t. c.J , Carison , 1218 u1. 24th St w. w , Fisher , Parker and Leavenworth St. J.Mewman , 424 5 , 13th St. Kelley , StIeer & Co , , Farnam and 15th St. T , S. Cressey , 2509 N St. , South . ' Omaha. . . - - . - - - - S - _ _ . ' 1 Through Psihimmunit Sieepiitg Cur Lines P lant I Iitii Dully INTO ILOltiflA via thin . . , laiit ysteiti A PAIR Oht ThiS MOST StJIhiRii VlISTiiiiJLliI ) T11AINS IN vnr it A rin cm A - Tliil WO1Li ( ) . ONLY ONhi NIGhT OUT iiiITwllllN " ' TV I UI''t. /t Ii LI . . ) I , It U U U.J 5. 11 La , a 6R1tT 1Y15T COAST hOTELS Owiucti amid Operated by the I'LANT SYSTIM , MR. J. H. KINC , Managor. - - 4 Vest Pussenger Trnlnei I' ' ' , . - . . , Chiurlestou to FlorIdt ' 5 Vtmest ltsu3e4L'nger Trnlnii 5 S . \'c' Stiyuii unit to I' Iorldn 2 Vast - AtIotiithtoEIordn P44i a'i' ' ' - 2 1tzut Inttsciiger Trains p - _ _ _ . _ _ 'I 4 to Eiorldo Montgomery - . S _ _ . S , - , ' ' _ _ _ _ . . /ii I SiS _ - _ S'S J 'S p latit Steamship I iiie Eicizuttt ShiIs 1very Week Ilctwcon ' Eietiut Ship IvcryWcelc Botwcej - - ----5--- .14 Port Tnnmptm , Key Westumud lltuvaiiiitz I. POuT 'rAMl'A AN1) Mouiii.ii , 13. W , WIiI3INN , FasOngir 'rrafno Manajer , GJWANNAII , Gii. -4- - 1 - . S - - - -