THE HERALD.
T.J.O'KEEFE, Publisher.
11EMINGFOUD, - NEBRASKA
KINQ OF SPAIN KIDNAPPED,
Everybody remembers thnt thr
years ngo the little king of Spain v
reported so dangerously III with a v m
contagious disease that no one but t.
doctor, the king's tutor nnil Senor uh.
tain, the Prime Minister, could s.e lui
The facts ot the eaie have Just en i
to light. The truth of the mutt r
thnt the little king was not lh nt ui.
but lmd been kidnapped. The rip".
of his Illness wns eent abroad to tuc
his absence from public view.
The story of his kldnnpplng form- r
most Interesting tnlc of dnrlng nu
cunning. Only a Spaniard could hnv.
cnrrled out such a tricky scheme.
The reports of the king's Illness wen
sent out on the dny of a grnnd rcv.cw
of troops nt Madrid in honor of one "I
the Bnlnts, at which the queen regent
wns to be present with the king. In
consequence It wns to be a most lmpo
lng affair, and all Madrid was to b.
there.
The queen regent wns forced to send
out the reports of the king's Illness on
the morning of the day of tho parade,
because she received a letter wurnl.ig
her of a plot which was on foot to at
tempt the king's life during the cere
monies at the review. The letter wi.
postmarked Pomplonu, which wns the
very center of the Cnrllst region, and
the queen regent wns greatly alarmed
She submitted the letter to Father O.
Iva, the. tutor of the king, and It wna
decided to keep the boy tit home and
send out reports of his Indisposition.
Tho tutor wns consoling his roynl
pupil for his disappointment at not at
tending the review with the queen, who
had taken In his stead his oldest slate.',
when n closed enrrlugo was driven rap
idly up to the palace and an olllcer and
nlde-de-cnmp stepped out, They an
nounced themselves to the porters In
waiting as General Esplnosa nnd aid,
Hent by the queen to fetch the king to
the review, and demanding to be taktn
to his majesty's presence.
The two were Immediately conducted
to the tutor's room. Ollva was pro
foundly Impressed with the genuineness
of these fine olllcers and their message
from the queen. They said she hud
found there wus no dunger, nnd thnt
the troops showed great dissatisfaction
at the king's absence. She deemed It
best he should be present, for fear of
serious consequences.
The little king wns dressed In his uni
form In great haste and tuken away
by the two olllcers.
Two or three hours later tho queen
regent returned and sent for his mnjes-
ty. The old father wns surprised and
stupefied, and hurriedly explained to
the queen how matters stood. She nt 1
once realized thu cleverness or those
who hnd plotted ngalnst hor son. falic j
was In despair and sent at once to the
prime minister, who advised that tl e ,
affair be kept secret to avoid the rev.)-
luwu.i umiiium uiuiy iu im.v an income tax, and authorizing the Un
it beenmo known. I mediate conlage of the selgnlorage.antl
The chief of police was Informed of i cfttnB tne Hnlno by tne issuance of
the state of affairs, and description of B,vcr cerllcntCB nml by authorizing
the carriage and two men wan ff.ven fiUch lncrenl,0 cf tne volume of legal
him. The 1 nil ways and frontier were temler note8 afl ,ny UP necessary."
watched and guarded. Every precaii- The ,lomocrntc members of congress
tlon was taken and careful search made I als0 nKreod t0 oppose tho "bond steal."
uuinisoiuieiynoiningcuuiuoeienrneu. ,
iiuu 11 i.uk ura, iu. '' '" through the house with scarcely any
diplomats, the king might still bu In ex. , t , t0 dBCUS8on. U was all
lie, Dm Carlos now on he throne, or n d un(cr the h, nm, u but Con.
republic established In the place of the i .,, H..n,rinJ.,i f m,i i?irih .u.
TTn.l I lt.-iA Wi n.k nf IHn l.'ioitlnll
present uynnsiy. ai ue trlct ot ft onance for a few minutes
fourth dny of the kings absence a fn- ... , Hni,i.
mous Trench diplomat foiled at the pal- lu,K' " BU,U'
ace with a girt for the boy king In the SUTHERLAND HITS THE NAIL.
rS 0TtwnMlTvIn?rnmo,?'uuIu Mr. Chairman, on last Monday even-
ti a nature T the knTg's mS re "B a cnucus wns "el1 thc VM
l.l?,tl,.i U, rL,l l,,,if,S " ,m . i,u ami ee sliver republican senators and
malestv's i.resence but upon he i representatives to consider our position
vir,LnJ..?,riV ,r .1, ? i, did on the Proposed measure embracing the
Int r , !, S , nf n..i ioro th boml Bchemo that Is now under discus-
LXXZ'l'nutiJ "on. Wo adopted the following resolu-
.. . .. .. 1 .. m a 1
Alphonso's nbductlon, begging his ad
tl..t...nI,.. ..1..I.....I.... Iwii.i.Imi. Iitu ml.
vice.
The diplomat was old In the service
nt foreign courts, nnd he was keen to
n wonderful deg.ee. He made all man-
ner of lmiulrles. plied every one In tho
pnlace with questions, nnd then asKe
erVnlssInn t HSe very imrt .1
permission n examine lvcij pan. in
the great palace.
In the cnudiiouti
bP:"msat' qunrtTii
ns 1,S ni irtments seeme d cloBe niH
Stuff! Tih S n s o, X.,1 n
n n,; t the RltK 1 rooin 1R w
nTolUlerrl !
at him. Tho diplomat whipped out n
revolver and told him to stand back or
hnve his brains blown out. He then
swung open the door, and there, seated
on tho floor, wns his majesty, the king
of Spain, wltli dirty face and hnnds,
eating jam tarts, or which he was ex
travagantly fond, nnd arranging some
lend soldiers In troops.
He wns nt or-ce restoied to his frantlo
mother, nnd that afternoon was driven
through the public parks, to show the
people that their sovereign was well
ngnln.
It turned rut thnt the kidnapping wa
not a Carllst plot. It was wholly th.
work of the chief cook and two outlaws.
It wns theh Intention either to offer
the king to the Carllsts for a huge sum
or to get him over tho frontier nnd
then nsk a fabulous ransom for his re
turn. The plot wns a good ono. but hnd
failed through the nervousness of the
two outlaws, who played the parts of
olllcer nnd aide-de-camp. The letter
wns written to the queen to put her o!f
her guard nnd keep the king at home
while the family was at the review.
The chef's young nephew hnd boon
brought to the palace after day the
day before, and it was he who was car
rled away In the carriage Instead of th
king, the plotters thinking tint It would
be easier to get the king nwny ufter
the lapse of several days, and hoped t)
create a false scent. The chef and his
accomplices were thrown Into prison
nnd the matter hushed up, while the
French diplomat was given a fortune
and a beautiful ring from the finger
of the queen regent..
The queen regent spends every year
the summer months with the little king
nt the sea bathing place, San Sebns
tlon, In the northern part of Spain. The
young king lu this plnce has his own
boy battalion, which was founded in
the year lb95.'
The battalion consists of 400 boys,
who wear as uniform the pretty dress
of the warlike inhabitants of the Pyre
neesblue unirorm with red cnp. A
3hort time ago the rey nlno (small king
gave the battalion a flag as a present.
The olllcers are mounted on small po
nies. The battalion has Its small
drummers, also a band, which plays
very creditably.
There are six companies, and each is
drilled every day by un olllcer or San
Sebastian garrison. The small boys are
exercising diligently and the young
king derives great pleasure reviewing
them during his stay In San Sebastian.
hn itiu nnt norinlf f nil tn nflltr tllM rnntllK
rt Vi... hMi ,.i.of wim ivn wriiii m hi fluc" n" increase of the volume or legni
of the high cher, who wns saui to ue fn,i., ,,. 11H ,nnv i, nprpqMnrv "
ill. But upon Insisting he wns admit-1 tender ' n l "' sb S "oJ'mbo
ted. He round the cher wns In goo.l I ,?," IIKr VS
health, and quite contused nt his visit. l 0I J""1?""?.,! for the ai nronr at on
The Frenchman .asked him how ho felt, ".,L 'be nlaced V, PtS hand"
GOLD BOND DEAL STRUGGLE.
While G-allant Soldiers are at the Front, Greedy Speculators are
Foreclosing a Blanket Mortgage on Their Homes. -
MAXWELL'S AND SUTHERLAND'S SPEECHES
Constitutional, Legal, Political, Moral and Criminal Features of tho Fraud of tho Ages
Discuflsod Speeches of Congressmen Greene and Stark Frintod Next Week.
THE UNITED STATES SENATE NOW THE STORM CENTER.
The Reform Forces Will Provide Lavishly for Funds to Prosecute
the War, But Object to Plundering American Homes.
T Omaha, May 17. Next to tho nctual hostllltlea on tho field of battle the question which most Interests the pco-
ple are the lows passed to raise money to prosecute the war. The republicans have proposed n "war measure," with
nn enormous gold bond dcnl ns Its foundation. Tho reform forces In congress propose to provide for an abundance ofT
4 money without Issuing any more bonds. 4
The difference between these two forces is not slight. It Involves the cold-blooded scheme of the money power
4 to so corner the "money market" nnd to so Impoverish the mnsses ns to practically Egyptlanlze tho American people.
T Amid tho shouts of warriors and while the patriotism or good and true men nre making them unmindful of do-J
mestle nffairs, there has been a stealthy movement on foot to monopolize the llnnnis of the country. Under Cleve-
land's administration they worked through n $207,000,000 bond deal. And now, covered up ns n "war measure," theyT
4 propose to add $.100,000,000 more to thnt awful crime against the people.
I'or these rensons the tremendous struggle going on at Washington between those who propose to take advan-
itnge of the war In carrying out their plans to further subject the American people to the money power, trusts and,
T corporations, nnd those who would protect the Interest of American homes and small business nffairs while the pa-
'trlots are on the field of battle Is of tremendous Importnnce.
The bond deal was rushed through Speaker Heed's half of congress with whoop, the republicans voting solidly
for It, while the democrnts, popullstB and free silver republicans voted ngalnst It.
Congressmen Green, Sutherland, Stark and Maxwell got nn opportunity to make short speeches on the subject. t
aTIic remarks of Judge Mnxwell are here printed, and those of Congressmen Sutherland, Green and Stark will follow.
,ln nnother Issue. .
Washington, D. C Special. Imme
diately nfter Wall street's proposition
to congress to order nn Issue of $500,
000,000 gold bonds, the thirty-odd popu
list members of congress held u caucus
In Rnnntnr A11nnfH riwimn mill liv n
unanimous vote passed the following
resolution:
ile80ived. That we onnoBO any In,
cren8e 0f tno bonded Indebtedness of
the united States, but we will promptly
,i ,onrfiiiiv v,,ti nil nooanrv ,.nnu
l0 HUceessfully prosecute the war by
authorizing further taxation. Including
B t Sneilkcr need rushed the denl
hti-'liiiK
tlOnSI
'Resolved. That we oppose any in
crease or tho bonded Indebtedness of
ft,'.", atca bu we w
'?! MwirLiiv vl ,in V,n..n.
heerfulb y te , nil e ce.
,ill promptly
essary means
to successfully prosecute the war by
authorizing further tnxntlon, Including
" lc"'e tnx' nml ''rlzlng the im
. oninm-o nf tho HMirnlnrnirp. nn
mediate coinage of the seigniorage, an
ticipating the same by the issuance of
sliver certHlcntes, and by autnorizing
ot tlic 1'resldeut for national defense.
I favored nnd voted for the senate
amendment recognizing the republic or
Cuba. and. ,.! projU ,
supported the conference ngreement
that passed both branches or congress,
thnt said that the people of Cuba are.
nnd of right ought to be, free, nnd 'de
manding thnt the government of Spain
relinquish Its authority nnd withdraw
Its forces from Cuba nnd Cuban waters.
(Applause.)
In this emergency I am willing to
support the scheme of tnxntlon pro
vlded for In the pending bill If the
bond scheme Is eliminated. I believe
that In the struggle berore us the
wealth or the country should bear its
lust share or the burdens, nnd there-
foro an income tnx should be Imposed
to the end thnt the man or millions
as well as the laboring man should pay
a. ralr proportion or the expenses.
More than $10,000,000 can be made
immediately nvallable by an act au
thorizing the coinage or the selgnlornge.
anticipating the same by the Issuance
or silver certlllcntes. ir sufficient rev.
enue Is not provided by these menns,
I favor a leasonnble Increase of the
legal tender notes or greenbacks. When
the country wns divided against Itself,
nnd wns missing through a four years'
struggle, the greenback saved us, nnd
will do so now.
1 will support nny or all these propo
sitions, but will not now support n
proposition that means a mortgage on
our posterity. With tho hundreds of
millions now In the treasury nnd the
money that can be raised by the plan
or taxation provided for In this bill
there Is no occasion for the Issue nf
bonds. When 70.000.000 people are en
gaged In the patriotic and glorious net
of driving the Spaniard from the west
ern hemisphere, avenging tne loss nt
the Maine nnd upholding the stars on 1
strlnts. the spectator should rest con-
tent nnd. stnrdlng by. enjoy the gloil
ous vision of n republic maintaining its
honor and demonstrating Its own fit
ness to exist. (Applause.)
If we need money to pay troops nnd
salaries, buy guns nnd ammunition,
equip and maintain ships, let us do as
our fathers did forty years ago Issue
a non-lnterest-benrlng obligation, and,
with the resources of our country back
of it. conduct the war to a successful
conclusion. Experts estimate thnt our
people are bearing n burden of indebt
edness of more than $30,000 000 000. Th
people of today and the children ye
unborn must pay this enormous Indebt
edness and the Interest charges on It.
I plead with ycu, gentlemen, to not at
this time add to the people's burdens
y providing for the Issue of $300,000,000
of Interest-bearing bor.ds. The repub
lican party ought not to fear legal-
tender treasury notes. The Hon. John
Shermnn, In his great Portland speech,
In 187!), spcnklng of tho republican
pai ty, said:
"We presided over the birth of green
backs nnd guarded them in their cra
dle." You Indorsed the lensury note then,
and your great leaders ndvocatcd It.
Spauldlng, the author of the law, and
Thnd Stevens, the grent commoner,
gave the Influence of their mighty In
tellects In favor of It. Chase, tho secre
tary of the treasury, believed the law
ought to pass. Lincoln, the grandest
character of the nineteenth century
and whose memeory will remain green
ns long as liberty endures nnd time
Is recorded, favored the measure that
brought the ship of state safely Into
hnrbor. Hepubllcnns before ndding to
tho people's burdens ought to remem
ber the teachings of the fnthers, and In
a reasonable degree adhere to the cru
cible In the yenrs gone by. (Applause.)
MAXWELL'S SPEECH.
Mr. Chairman, there arc many per
sons who believe that an Income tnx
Is not In conflict with the constitution
of the United Stntcs. It Is true that In
Pollock vs. Farmers' Loan nnd Trust
company, some two yenrs ngo, the su
premo court, ns then constituted, by
the change of opinion of one ot lt
members nnd by a bare majority 5 to 4
declared such tax to be In conflict
with the constitution nnd therefore
void. There are strong dissenting opin
ions in that case by very able members
of that court, nnd It seems to me the
reasons stated by those dissenting
Judges In ravor of the validity or the
law are much stronger than those or
thc mnjoiity.
I entertain n very high respect ror the
court ns a whole, nnd of its members
Individually; but nil human tribunals
are liable to err, and this fact Is rec
ognized by the tribunals themselves.
Hence, motions for n rehenrlng nre Hied
und"r their rules nnd with their consent
nnd In many cases nre sustained, there
being probable errlr in the former de
cision. In view of the former decisions
of the supreme court, which I will pres
eall attention to, we may treat the
question in Pollock vs. Farmers' Loan
and Trust company, 1S7 U. S., page 429,
nnd 158 IT. S., page 601, relntlng to the
Income tnx, ns not finally determined,
briefly review the matter nnd the au
thorities bearing upon It.
The sections of the constitution to be
construed rend as follows:
Section 8, article 1, provides thnt
"The congress shall have power to lay
and collect taxes, duties, Imposts, and
excises, and to pay the debts and to
provide tor the common tferense and
genernl welfare of the United States:
but all duties, imposts and excises shall
be uniform throughout the United
Stntes."
Section 2, article 1, provides that
"Representntles and direct taxes
shall be apportioned among the several
states which may be Included within
this union according to their respec
tive numbers, which shall be determin
ed by adding to the whole number of
free persons, Incluldng those bound for
service for a term of years, and ex
cluding Indians not tnxod, three-fifths
of all other persons. The actual enum
eration shnll be made within three years
nfter the llrst meeting or tne congress
of the Ignited States nnd within every
subsequent ten years. In such manner
ns they shall by law direct."
Section 8. article 1. provides
"That no cnpltation or other direct
tnx shall be laid, unless In proportion
to the census or enumeration herein
before directed to be taken."
Section 9, article 1. also declares that
"No tax or duty shall be laid on any
articles expoited from any state."
The fourteenth amendment declares
thnt it ,
"Representatives shall be apportioned
nmnnp ihi soveral stntes according to
their respective numbers, counting the
whole number ot persons in eacn siuiu,
excluding Indians not taxed."
Tho question arises at the outset,
what are "direct taxes?" This question
In substance was asked by Rufus King.
or New York. In the constitutional con
vention or 17S7, nnd no one deems to
hnve answered. (5 Elliott's Debates. 451:
Pollock vs. Farmers' Loan nnd Trust
company. 158 U. S.. 640.) No system or
tnxatlon or thnt kind seems to have
been In force at that time, nor had the
term nny legnl meaning. This becomes
Important, becnuse the supreme court
of the United Stntes has many time?
construed the term "direct taxes," ana
what were not, nnd we will now refer
to those decisions.
In 17D4 congress passed an act Im
posing a duty -or tax upon all car
riages for the conveyance of persons,
etc.
It was contended that this was n di
rect tax, nnd the case of Hylton vs.
United States, 3 Dall., 171, presented the
question squnrely whether or not this
was a direct tax. The court held that
it was not.
In the able dissenting opinion of Mr.
Justice Harlan In Pollock vs. Farmers'
bank et nl 158 U. S., 648, he quotes
from tho dlnry of Mr. Justice Iredell,
ono of the Judge who. In 1796, decided
the case of Hylton vs. United States
supra. It said:
"This was a very important case, ns
it Involved a question of constitutional
law. The point was the constltutlon
nllty or the net or congress or 1794. If
n direct tax, it could only be laid in
proportion to the census, which has not
as yet bean taken. . . . The court
unanimously agreed that the tnx was
constitutional, nnd delivered their opin
ions seriatim."
Mr. Justice Patterson, presented a
very plausible and apparently correct
explanation of the object of the term
"direct taxes." He says:
"Tho. provision was made In favor of
the southern states. They possesesd a
large number of slaves; they had ex
tensive trncts of territory thinly set
tled, and not very productive. A ma
jority of the stntes had but few slaves.
and several of them a limited territory
well settled nnd In a high stnte of cul
tivation. The southern stntes, if no
provision, had been introduced in the
constitution, would have been wholly
at the mercy of the other states. Con
gress might In such a case tax slaves
at discretion or nrbltrarily, and land In
every part of the union at the same tate
or measure so much a head In the llrst
Instance, and so much an acre In the
cecnod. To gunrd, then, ngalnst impost-
Hon In these particulars was the rea
son or Introducing the clause In the con
stitution which directs thnt representn
meH and direct taxo; .shall be appor
tioned nmong the stntes nccordlng to
their respective numbers.
Hy the acta or congress or July 14.
179S, August '1, 1813, January 9, 1S15
and March 5, 1S16, direct taxes wen
laid upon "lands. Improvements there
on, dwelling houses, nnd slaves, and
npportloned among tho states." Th
reason slnves were the subject or a di
rect tax is explained In n Inter case.
"Slnves were proper subjects of a
capitation tax, which is described In
the constitution as a direct tax, as prop
erty; they were by the lows of some If
not most of the slnve states classed ns
real property descendable to the heirs."
(Veazle Rank vs. Wall.. S Wall.. 543.)
In tho ense cited, the principal ques
tion was whether or not a tax of 10
per cent on the notes of n state bank
used for circulation was a direct tax.
The court bold It wus not. nnd that
the tax wns valid. The opinion was de
livered by Chief Justice Chase, who
said In substance:
"In construing the term no valuable
light had been elicited as to the sense
In which the direct tnxatlon was use 1
in the constitution. Thnt personal prop-
erty, contracts, occupations and th
like hnve never been regarded by con
gross as proper subjects of direct tax."
In Pacific Insurance company vs.
Soule (7 Wnll.. 453), the question pre -
sented wns whether or not under the
stntutes the duty upon tho Incomes or
Insurance cempanles from whatever
source was a direct tax that could only
be laid by apportionment among tho
Rtntes. The court held that It was not
a direct tax nnd wns valid. The opin-1
Ion, which wus unanimous, wns writ-lnf ir. Justice Harlan, he says: "Hy Its
ten by Justice Swayne, one of the nblest. present construction the court, for the
judges that ever sat on the bench. Ho Hist time In all Its history, declnres
cites with npproval the case of Hylton tjr-t our government has been oo
vs. United States, supra, and says the framed that In matters of taxation for
views expressed therein were enter- its support and maintenance those who
talned by Chancellor Kent and Jui'ge nave incomes derived from the renting
Story. In Scholey vs. Rew (23 Wal1.. ' f,f real estate, or rrom the leasing or
321-32.), the question presented was using or tangible personal property,
whether or not a tnx upon the succes- bonds, stacks, nnd Investments or what
slon to real estate was a direct tax ever kind, have privileges that can not
and It wns held that It wns not. In that be accorded to those having Incomes
case the statute declared that the term derived from the labor of their hands
"real estate" should Include all lands. or the exercise of their skill or the use
tenements, nnd hereditaments, corp- 0f their brains. Let me Illustrate this
real and Incorporeal, nnd that the term "in the lnige cities or financial cen-
"succession" should denote the devolu- ters of the country mere are persons
tlon of title to any real estate. Pollock deriving enormous Incomes from the
vs. Farmers' Loan and Trust company tenting of houses that have been erect
OSS IT. S C34). The question was again ed not to be occupied by the proprietor,
i,ofrf tii r-niirt In Snrlnppp vs. TTnlte.l ' i... f.ir. th mirnnsR of belntr rented.
Vtes (102 U. S., 5S6-602), where tre
lldlty or the income tnx law of 1?61
ns amended In 1S65, was Involved. This
net Imposed a duty upon gulns, profits
and Income derived fromi every kind of
property und from every trade, profes
sion or employment. It was contPndel
by the appellant that this was a direct
tax and could only be levied by appor
tionment among the slates according
to the number of people ns shown by
the last census. The tax was held by
I a unanimous court to be valid and not
a direct lax.
It Is said "It docs not appear that any
tnx like tho one In question was ever
regarded or treated by congress as a
direct tax." Mr. Justlco Harlan says:
"The question what Is a direct tax
Is one exclusively in American Juris
prudence." The text writers of the country are
In entire nccord upon the subject. (Ap
plause.) Mr. Justtce Story says that all taxes
are usually divided Into two classes
those which are direct and those which
are Indirect.
Under the former denomination are
included taxes upon land or real prop
erty, and under the latter taxes on con
sumption (1 Story Const., 950; Pollock
vs. Farmers' Loan and Trust Co., 157
U. 8., 657-658.)
It is also said in Springer vs. United
States, supra:
"Our conclusions nre that direct tax
es, within tho meaning of the constitu
tion, are only capitation taxes, as ex
pressed in that instrument, nnd taxes
upon real estates; and that the tax of
which the plaintiff In error complains
Is within the category of an excise or
duty."
In Pacific Insurance company vs.
Soulc (7 Wall., 444), Judge Swayne re
viewed at length the decisions upon the
question of direct taxes. He says:
"What are direct taxes was elaborate
ly argued and considered by the court
in Hylton vs. United Stntcs In tho year
1796. One of the members of the court,
Justice Wilson, had been a distinguish
ed member of tho convention that had
framed the constitution. It was unan
imously held by the Justices who heard
the argument that a tax upon carriages
kept by the owner for his own use was
not a direct tax."
In the majority opinion In the case
of Pollock vs. Farmers' Loan and Trust
company, on rehearing no discussion Is
had of thc decisions above rererred to
except that or Hylton vs. United
States. When the supreme court has
construed a provision of the constitu
tion, and particularly where the con
struction has been made by a unanl
rious coutr soon nfter the organization
of the government nnd followed by such
court unanimously up to the year 1891,
congress and the country have a right
to rely upon such construction ns the
correct one nnd act accordingly. The
decision, in fact, becomes a fule of
property, and If changed should be by
amendment of the constitution nnd not
by Judicial mandate.
In Pollock vs. Farmers' Loan, and
Trust company, supra, tho chief Jus
tice says:
"It Is evident that the Income from
realty forms a vital part of the scheme
for taxation embodied therein. If thnt
be stricken out and also the Income
from all Invested personal property,
bonds, stocks, Investments or all kinds,
It Is obvious that by far the largest
part of the anticipated revenue would
be eliminated, and this would leave the
burden of the tax to be borne by the
professions, trades, employments, or
vocations."
And in the Judgment (page 637) Chief
Justice Fuller said:
"First that . . . taxes upon real es
tate being Indisputably direct taxes
taxes on the rent or Income or renl
estate are equally Idrect taxes; second
thnt .... taxes on personnl property
or the Income of personal property are
likewise direct taxes."
The majority ot thc court seem to
overlook the fact that where rent of
land Is pnld to the landlord, It ceases
to be attached to the real estate nnd
Is simply moneys In possession In other
words Income nnd therefore liable to
an Income tax. The second proposition
that the taxes upon personnl property
or taxes on the Income of personnl
property are direct taxes, If applied to
many of the Items In this bill, would
probably result In holding thnt the duty
thereon was a direct tax, and therefore
void. If this decision should be ad
hered to, our government may find It
self handicapped by its own courts re
versing the decisions of a hundred
years and depriving it of the money
needed to pay Its expenses and preserve
Us credit or even pay the salaries of
the Judges themselves. Such an unnat
ural construction could not have been
contemplated by the framers of the
constitution. Rut it Is said we should
not criticise the decisions of the high
est courts In the land. The nnswer Is.
the Judges nre public officials, paid out
of the public treasury, and their nets
are publicly performed nnd nre of n
public nnture. If a mistake is mad"
the Judges themselves, presumably, will
be anxious to correct It.
For this purpose a motion for a re
hearing is filed nnd must state some
cause for a rehearing which a sensitive
judge might construe as a reflection on
himself. Yet it is not so Intended, nnd
n capable, conscientious, und fearless
Judge will try to correct, an error u a
material one Is pointed out to him. The
decision in question was rendered by
Ave Judges, while four judges have dis
sented and filed strong dissenting opin
ions. Under these circumstances It Is
the same In a respectful manner.
I od not question the integrity of the
judges or the honesty of their purpose,
but I believe a great error has been
committed In overturning the unani
mous decisions of the court made by
able and distinguished judges and ns
sented to by the ablest lawyers nnd
text writers in the nation for one hun
dred years, and by reason of which
decisions the recipients of great In
comes, those most able to contribute n
reasonable amount to the support or
the government, are permitted to evade
,hni. inut nl.llfrntlnnM nntl dues. With
e I the utmost res-pect ror the court, and
- j believing that its members feel bound
by the decisions or their predecessors
i without a break for a hundred years.
, I respecuuuy h.mb. u..i... '""''"
is not n direct tnx and l vnlld, and
the UUty oi every "lie vviiu uhkiih "
construction or the constitution deprive
the government or Its Just revenue
necessary to carry on Its business. (Ap
plause.) In the very nble dissenting opinion
enr by are other persons, trusts, com-
blnations, and corporations, possessing
Vust quantities of personal property,
including bonds and stocks or railroad,
j telegraph, mining, telephone, bnnklng.
coal oil, gas, and sugar refllning corpo-
rations, from which millions upon mil
lions are regularly derived. In the sume
neighborhood are otnets wno own nei
ther real estate nor Invested property,
nor bonds nor stocks of any kind, and
whose entire Income arises from the la-
j bor of their hands or the use or their
urains.
"And It Is now the law.ns thta day do.
clared, that under thocon stltutlon.
however urgent may be the needs oi
government, however sorely the admin
istratlon In power may be pressed to
meet the moneyed obligations of tht
nation, congress can not tax the per
sonal property of the country nor tht
Incomes nrlslng either from real Btat
or from Invested personal property ex
cept by a tax apportioned nmong the
states on the basis of their population,
while it may compel the merchant, the
artisan, the workman, the nrtlst, the
author, the lawyer, the physician, even
the minister ot the gospel, no one of
whom happens to own real estate, In
vested personal property, stocks, or
bonds, to contribute directly from their
respective enrnlngs, gains, and profits,
and under the rule of uniformity or
equality, for the support of the gov
ernment." (Pollock vs. Farmers' Loan
and Trust Co., 158 U. S., 672-673.)
I have voted for both men and means
to carry on nnd bring this war to a
speedy and successful termination, and
shall continue to do so until victory
perches upon our banners and an hon
orable peace Is secured, but I am not
willing to vote a mortgnge upon thlB
nation as this time ror half a billion
dollars when It Is not necessary to do
so.
The available cash balance, includ
ing thc gold reserve, as stated In tho
report of the secretary of the treasury,
on April 28, 1S9S, was $218,814,956.53. Tho
chairman of the wnys nnd means com
mittee estimates the war expenses to
be $1,000,000 per dny. This being so,
there Is enough money In the treasury
without touching the gold reserve to
conduct the wnr for nearly five months.
The estimate of the same chairman aa
to the income from the revenue bill un
der consideration Is $100,000,000 per an
num, and this probably Is too low by
many millions. Hence, the revenue
from that source for five months would
exceed $40,000,000, sufficient to prosecute
the war for nearly seven months at
least. A fair Income tax, placing the
exempt. Income at $2,000, It Is estimated,
would produce one hundred millions or
more. And there nre many other
sources of revenue thnt have not been
touched upon In this bill. A bond Issue
at this time is not only unnecessary,
but It withdraws) from circulation and
business large amounts of money and
permits It to remnln Idle 'in the treas
ury for years, perhaps, and while the
people or the nation nre nlrendy from
the contracted circulation. (Loud applause.)
Tho Man In the Towor.
When a modern wnrshlp goes Into
battle the strain or the ordeal will be
mitigated for most of her company by
the necessity or perrormlng some defi
nite and comparatively simple duty.
One man will have certain motions, to
which he has become accustomed by
years of drill, to perform about a par
ticular gun. Another will control tho
machinery for turning a turret. An
other will be required to hoist ammuni
tion through a certain tube.
But there Is one man on whom nil
the various strains of simple responsi
bilities will converge with a force that
will test to the utmost the strength
and coolness of his nerves. He will
stand In a steel barrel lined with push
buttons and speaking tubes, and one
false movement of his finger, one mis
taken order In the swirling rush of bat
tle, will send his ship to the bottom,
nnd his crew, himself and perhaps his
reputation with It.
The man In the conning tower will
occupy a tiny circular dungeon with
n wall of steel from two to ten Inches
thick, according to the type of vessel.
In this central ganglion will converge
all the nerves of the ship. A little
steering wheel, n compass and a speed
Indlcntor will give control over the
movements of the vessel. Speaking
tubes or telephones will communicate
with every Important stntion. The ele
vation and direction of the great guns
will be recorded, and the captnln, If
he choose, may fire them himself by
pressing a buttons.
Here the man upon whose cool Judg.
ment the Issue of the battle, the safety
of the ship and the lives of the crew
depend, will stand, peering through a
narrow silt at the strip or sea and sky
in which the enemy Is dimly visible
through a haze or gray smoke. The air
Is trembling with clamorous sounds,
from the sharp rattle of the gntllngs to
the booming crash or the main battery
guns. Shot3 from machine guns pat
ter on the walls of tho conning tower
like thc hammering of rivets In a boiler
Heavier rnpld fire projectiles strike
with an Impact that makes the struc
ture quiver, and glance off. Perhaps
one of them, or a shell from a great
gun, landing fnlrly, may plow through
the steel shield nnd exploding ny tne
resistance end the careers of the master
of the conning tower nnd his compan
ions. The possibility of such a climax must
always be present to his mind, but it
must never for nn instnnt distract his
attention or cloud his Judgment. One
mlstnken order In time of pence sent
the Victoria and 500 men to the bottom.
A single slip in time of war may ex
pose tho ship to an enemy's ram, may
blow her up with one or her own tor
pedoes, or launch her broadside against
a friend.
The feelings of n man under such n
terrific strain would be worth the anal
ysis of a psychological novelist If he
had any feeling. Rut can he feel nt
such a time. The demand for attention
and Judgment must be so imperious, tho
tension on nil the mental faculties so
acute, that there can hardly bo time
or capacity left for emotion whllo the
crisis Is on. Rut after It is all over
well, a lady captain would have a good
cry. and we imagine inuv me mum
phlegmatic man will breathe pretty fast
as he smokes his cigar.
About Boos.
I am not sure which has the greater
Influence In preventing swarming the
Improved centllated gnble cover or the
deep bottom board; but that each has
n powerful Influence Is unquestionable.
This season I ran over 300 colonies In
the same apiary, and while a big pio
portlon of these were utilized In queen
rnlslng, a good number nlso of tho
choicest colonies were run for extract
ed honey nnd for the production of
first-class drones. The season was h
magnificent one: and while theso c nin
nies were powerfully strong in three
story ten-trame hives, not 5 per cent
swarmed during the entire season.--H.
T. Jones In Gleanings.
As I have said once or twice already
In these columns, our "big double-deckers"
at the outyard are the hives that
went right on minding tneir own uusi-
ness, piling in the honey, and
swarming, while the single-story
nies scarcely mnde a showing. Ii
not
colo-
Indeed.
i believe that the best solution of the
' swarming problem, whether at the
home or at the outyard, is big colonies
- in two-story Langstro'.h hives, In so,me
cases, at leasi, h may ue auvisanie to
have three stories, ir other localities
were like our own. I would guarantee
that there would be very much less
swarming, and more money In'.he pock
ets of kee-keepers at the end it the.
season. Gleanings,
K
V
X.
y
j