Nebraska Newspapers

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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
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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&lton 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 .
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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.
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: < . " . : S . S ' U
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MIGHT CALL CONGRESS BACK
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I the Inoomo Tax is Defeated in Court an
Extraordinary Session is Probable ,
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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-
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1
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