Nebraska Newspapers

    \ OMAHA DAILY BEE
ESTABLISHED JTJ3STE 19 , 1871. 03EAHA , TUESDAY MORNING- , MAY 21 , 1895. SINGKLE COPY FIVE CENTS.
CARLISLE ON THE CURRENCY
Opens the Campaign on Behalf of Sound
Moniy at His Old Homo.
PEOPLE GAVE HIM A GREAT OVATION
lllitory of American Coinage Kovlewcil and
the KfTi-ct * of the Adoption of I'reo
Coinage of silver on the Country' *
Finance * Ably 1'rcicntcd.
COVINGTON. May 20. The secretary of
the United States treasury , Hon. J. G. Car
lisle , opened tbc discussion of the question of
sound money tonight here In a quaint struc
ture called Central Garden. Th'e hall Is In
the middle ot the beer garden , a theater-like
structure , with a small stage at one end ,
where the song and dance artists are wont to
enliven dull hours. The rush to hear the
tpeakcr was tremendous. An attempt was
made to reserve seats for ladles , but It was
given up when the pressure for admission by
voters was felt. The beginning of the ad
dress was delayed by a state demonstration
of considerable magnitude. It was 8:25 : when
the crowd at the dears parted and Secretary
Carlisle , escorted by Congressman A. S.
Herry , and accompanied by M. E. Ingalls
and General Michael Ryan , assistant United
States treasurer , entered the hall. Shortly
afterward the working clubs entered , to the
stirring airs by the band of "Old Kentucky
Home , " and "Dixie , " followed by the
plaintive "Auld Lang Syne. " Twenty min
utes later Hon. A. S. Berry Introduced the
speaker In a brief speech , In which he paid
n high compliment to the man who , under
the most difficult circumstances , had faith
fully administered his high olllce.
After a tumult of applause , again and
again repeated , Mr. Carlisle began his ad
dress. He began by a review of the history
of the coinage of the country and then took
tip the question of the free coinage of silver.
Whether wo shall continue to preserve
our existing monetary system , under which
nil the dollars In use , whether they bo gold ,
silver or paper , possess equal purchasing
power In the markets , or provide by law for
the free and unlimited coinage of silver
dollars containing 112 % grains of standard
silver , nnd make them the units and meas
ures of value In the exchange of commodities
nnd In the payment of debts. Is by far the
most Important question thn't has been pre
sented for the consideration of the American
people during this generation ; and that ques
tion now confronts us.
COMPARISON OF VALUES.
Free and unlimited coinage of full legal
tender sliver dollars at the ratio of 16 to I
means that our law shall bo so changed
that any owner of silver bullion may send It
to the mints and have It coined , at the pub
lic expense , Into dollars each containing
412 % grains ef standard sliver , the dollars
lars when coined to be delivered to the owner
of the bullion , and all the people of the
United States to be compelld by law to re-
celvo them as dollars In the payment of
debts , although not Intrinsically worth more
than 50 cents each. The twenty-five and
eight-tenths grains of standard gold con
tained In a gold dollar Is worth 100 cents , or
the equivalent of 100 cents , all over the
world , In sliver standard countries as well
ns In gold standard countries , and it Is worth
just as much before it Is coined as after
ward , but the 412 % grains ot standard silver
contained In a silver dollar are not worth
anywhere In the world more than about 50
cents. Or. to put the statement In a different
form , sixteen pounds of silver cannot bo ex
changed for one pound of gold anywhere In
the world , but It requires about thirty-two
pounds of silver to procure ono pound of
gold everywhere , nut some ono may say
that this Is not a fair statement , because It
measures the value of sliver by gold. The
answer to this objection Is that the state
ment docs not attempt to measure the value
of either of the metals , but simply to compare -
pare them , one with the other , and that for
the purpose of making the comparison the
value of gold Is determined by Its ptirchaolng
powr In the markets of the world , and the
value of silver Is determined In the same
way. Sixteen pounds of silver bullion will
purchase only about one-half the quantity of
commodities anywhere th.it one pound of
gold bullion will purchase , and this purchasing
power U the true test of their actual and
relative values. In the United States s'x-
teen pounds of silver , coined Into dollars , wl'l
now purchase as much as cno pound of gold
coins , but this would not bs the
case under a system ot free and unlimited
coinage on Individual account. The coinage
of silver dollars here has been limited by
law for the purpose of preventing un exces
sive Issue , and they have been coined by the
government on Its own account and paid out
for public purposes as dollars of full value ,
nnd consequently the government Is bound by
every consideration of good faith , to say
nothing of the positive declarations contained
In the statutes , to keep them as good as
gold , or , In other words , to maintain the
parity of the two metals ; and this It lias
done and will continue to do as long as the
present system exists. lint , Is the present
system Is to ba abolished and a new one
established , so that private Individuals and
corporations can havej tholr own bullion
coined at the public expense and have the
coins delivered to them for their private use ,
the government would be under no obliga ;
tion whatever , legal or equitable , to keep
them as good as gold , and , In fact , It would
be Impassible for It to do so , because the
coinage would be unlimited and the volume
of silver In ell dilution would bocomi so great '
in proportion to the gold the government
could procure that the att.mpt would
necessarily fall. The most extreme
advocates of free coinage have lethe
yet ventured to suggest that the
government would bn under any obligation
to guarantee or maintain the value of silver
dollars coined without charge for private
parties , and without such guarantee It Is
clear that the dollar would be worth no more
than the commercial value of the bullion
contained In It , just as the Mexican dollar
is now. I admit that If the United States
could coin without charge to the owners all
the silver In the world available far coinage
purposes 412 % grains of standard silver , In
bullion , would bo worth as much In this
country as a silver dollar ; but the real ques
tion Is , What would the silver dollar Itself sbe
worth ? That It will not bo equal to our
present unit and standard of value Is not
only admitted but openly urged as ono lotof
the chief arguments In favor of free coinage.
Everywhere the people are told that under
free coinage U will require twice as many
dollars to procure any given quantity of com
U J modities as are required now , and this means :
of course , that the money will bo only one-
half as valuable as It Is now. When the
public judgment Is finally passed upon this
subject I think It will be found that the
people of the United States are determined
not to have a depreciated dollar , whether It
be gold , silver or paper. They are un
doubtedly entitled to have for useIn their
business just as good money ns any oilier :
people In the world have , and no political
party that attempts to deprive them of It
will ever enjoy their confidence or receive
their suffrages.
NOT UNFRIENDLY TO SILVER.
Those of us who oppose the free coinage
of silver at the ratio of 10 to 1 are proposing
no change In the measure or standard of
value now rxlitlng , nor are we proposing to
discontinue the use of sliver as money. I
have never been , and am not now , unfriendly
to silver In the- sense of desiring to fee It I
excluJed from th ? monetary system of the
United States , or of any other country , but
I know that It cannot be kept In circulation
along with gold by means of any ratio the
law of any one country may attempt to cs-
tabllib between the two metals , and that the
only way to secure the us ) of both at the
name time Is to nuke one ot them the stand
ard of value , and so limit the coinage of thi
other that the government which Is-ue * th.-m
and receives them for public dues may nb
nble at all times to maintain their exchinge-
ablllty. either directly or Indirectly through
Uio operation ot Iti fiscal system. I am ,
therefore , In favor of the preservation of the
existing standard of value , with such use ot
full legal tender silver coins , and paper con
vertible Into coin en demand , as can be main
tained without Impairing or endangering the
credit of the government or diminishing the
purchasing or debt-paying power of the money
In the hands of the people. This Is what I
mean by the- terms "sound money. "
lint It Is said that although the masses of
the people have no bullion , many ot them are
In debt , nnd that the free coinage of silver
would Increase prices and give them more
money , thus enabling them to discharge their
obligations moro easily. The merit of this
argument will be 'Judged by each Individual
according to the view which he may take
of the nature of his obligations to the people -
plo who have loaned money or sold property
to him. If a man who has borrowed $1,000 In
gold , or Its equivalent , and has promised to
pay It , or has purchased $1,000 worth of an
other man's property nnd promised to pay
for It In the standard money recognized by
law at the date of his contract , believes that
It would be just and honest to discharge his
obligation In a new standard worth only half
us much as the money he borrowed or the
property ho purchased , he would appreciate
and endorse th.s argument and It would be
useless to discuss the question with him.
Hut If , as I have already endeavored to show ,
the immediate effect of the adoption of a
free coinage policy at the ratio of 16 to 1
would bo to contract the currency to the ex
tent of about $625.000,000 , by the withdrawn !
of that amount ot gold from circulation and
from , use as the basis ot notes
nnd other forms of credit , prices
would not even nominally advance. On
the contrary , for the time being at least , this
contraction would greatly reduce prices be
cause It would alarm the country , destroy
credit , and undoubtedly produce the most
Ecrlous financial disturbance this country has
ever witnessed. Every depositor In the sav
ings and other banks , fearing that he would
ultimately be paid In depreciated silver ,
would Immediately demand the return of his
money and this would compel the banks to
call at once for the payment of all the notes
and other securities they had discounted for
their customers , and the contraction of the
currency would cause an Increased demand
for currency at Hie very time when It could
not be obtained , and thus the difficulty of
the situation would be Increased by both
causes. The banks would be compelled to
either suspend payments themselves or drive
their customers , who are generally business
men the men who give employment to labor
In every community Into bankruptcy at
or.ce. Who would profit by this condition of
affairs ? Nobody except the holders of gold
nnd the owners of silver mines , the holders
of silver bullion and the brokers and specu
lators In the stocks of silver mining com
panies. The people who owe debts nnd are
unable to pay them would be the ones to
suffer most , while the people who owe no
debts and have money on hand would be thu
ones to profit most. Every man in debt
would be called upon to pay It promptly
when due ; there would be no more ex
tensions of old debts , or any new
credits given , because no man could foretell
what the money would bo worth at any time
In the future. In this crqsh the .laborer would
be thrown out of employment by the failure
or suspension of his employer , the farmer
would rccUvo less ) real money for his
products , property would be sold at low rates
under Judicial proceedings all over the coun
try , credit would be destroyed , and all In
dustrial and commercial enterprises would
stand still , awaiting the result of the new
experiment with the monetary system. Of
course a great country like this , rich In
natural resources , would ultimately .recover
In some measure from even such a disaster ,
but how long a time would be required to dose
so no man can predict.
EXPLANATION NEEDED.
But , suppose the change Is made , and that
the business affairs of the country have been
finally adjusted to the new standard , what t
will be the effect on our domestic trade ? The
prices of all things will be nominally Increased -
creased that Is to p.iy , U will require a
greater number of dollars to purchase a given
amount of any commodity than It required bs-
fore. There appears to be a singular delusion
In the minds of some upon this subject. Many
good people appear to think that In some
mysterious manner , which no one has yet at-
tempted to explain , the government , by legis-
I ' atlon or otherwise , can Increapo the prices
f the things they have to sell without In-
rcaslng the prices of the things they have to
my. If there Is any financial necromancy by
i-lilch thU one-sided Increase of prices can bo
.ccompllshcd , our free coinage friends gught
o explain It to the people. The plain , ovory-
ay common-sense view of this subject Is the
inly correct one. If prices arc Increased
olely on account of an Increase In the volume
f circulation , or on account of a depreciation
of the currency , without any change In the
relation between the supply and demand of
he commodities to bo exchanged , the Increase
n prices will necessarily affect all things
alike. If , therefore , the farmer or planter re-
iclves n greater number of dollars for his crop
jf cotton or wheat , ho will bs compollel to pay
a correspondingly greater number of dollars
for his agricultural Implements , for his
groceries , for his clothing , and , In short , for
everything he purchases. Consequently his
iroflt , If he has any , will bear abiut the same
elation to his expenditures that It bears now
that Is to say , If he new makes a profit of
10 per cent , lie will make a profit of no
more than 10 per cent then. Now It Is out of
the cleur profitsof his business that he must !
pay his debts , and It therefore remains to be
seen how much benefit he would ultimately
derive from n nominal Increase In the prices
of commodities. He cannot control th ? prices
of the commodities produced by him to the
same extent that other producers can control
the prices cf theirs , and It may be that the
prices of the things he Is compelled to buy
will b ? Increased In much greater proportion
than the prices of the th'ngs ' he has to sell ,
and If so lie- will be a loser Instead cf a gainer
by the change.
It Is contended , however , that prices of
commodities have fallen since 1873 , and that
this reduction ot prices has made It more
difficult to pay debts now than It was then.
It Is true that.tlt . : prices of some things
have fallen , but 11 Is equally true that the
prices of some things have Increased. It Is
not true , however , that our .people owe any
debts contracted as far back as 1873. The
fundamental proposition of the advocates of
free coinage Is that all values arc measured
and all prices are fixed and regulated by
the amount of redemption money In the
country , and that the amount of paper cur
rency or credit money , as It Is sometimes
called , such as bank notes , government notes ,
and other circulating media , exert no Influ
ence on the values or prices of commndiiics.
Having dogmatically asserted this principle ,
they proceed without further argument tent
the conclusion that the legal demonetization
of sliver In 1873 arid the legal establishment
ot the gold standard of value at that time
are the causes of the alleged decline In the
prices of commodities In this country , and
then , upon the theory that high prices for
the necessaries ot life would he a blessing to
the people , they appeal to the consumers of
agricultural and manufactured products to
unite with them In the effort to secure the
free and unlimited coinage of all the silver
that the owners of bullion may see proper J ; !
to present at the mints. Even If we should
admit the truth of their proposition ,
their conclusion that the demonetization
ot silver reduced prices Is founded
upon the assumption of a fact which ot
bj established. They have wholly failed to
allege , much less prove , tint silver actually
constituted any part of the redemption money
In use or In existence In this country before
or at the time of that legislation. It It did
not , then It Is clear that Us legal demoneti
zation did not and could not In fact reduce
th9 amount of such money In this country
and therefore cannot have reduced prices.
It U well known personally to every gentle
man In this audlenco who was old enough
to know what was transpiring In 1S73 that
thera was not a dollar If silver In circula
tion at that' date. The assumption upon
which the argument Is based Is diametrically
opposed to the historical and official fact.
The only metallic or redemption money In
use here at that time was gold , ch
amounted to only $ I3o,000,000. Including what
the government was using , whereas we now
have about $02.1,000,000 In gold and $307.-
C52.S73 In full legal tender silver , besides
about $77.000.000 In subsidiary sllwr coin.
If , ihe.'efore , prices have fallen since In.J3
the decline has taken place In plt -f the
factthat _ our full legal tender nislal..ii money
"
( Ccntlnued on Flttli Page. }
SEMINARIES MUST COME IN
Presbyterian Assembly Stands by the Ec-
poit of the Committee-
ADOPTED BY AN OVERWHELMING VOTE
Those limitations Which Did Not Sen Their
Vi'nf Cleur to Adopt tha Bug-
Rcstlons Asked to
Look Again ,
"
PITTSDURO. May 20. This afternoon , by
a vote of 432 to OS , the Presbyterian general
assembly decided to continue the movement ,
which Is Intended to give the assembly abso
lute control over Its theological seminaries.
The resolutions and recommendations were
adopted by overwhelming majorities as given
below. An attempt to get n yea and nay vote
failed for lack of a vote of one-third of the
commissioners In Its favor , only 105 respond
ing to the demand. The result of the vote
was a surprise to even the best observers ,
Jubilation marked the faces of those who
supported the resolutions ot the conference
committee and the features of moderator and
clerk were wreathed In smiles. The resolu
tions as they were adopted , were as follows :
1. That It Is the sense of this assembly
that the assembly of ISO I did not Intend to
prepare the way for any change In the
tenure of management of the property of
the fcomlnarles or to do anything which can
affect the autonomy of the seminaries , and
that the said recommendations wore In
tended to have the meaning and effect ns
recited In this committee's report. This
assembly , In renlllrmli g the resolutions of
the assembly of 1891. does so with the
avowed purpose of 1 avlng the tenure nnd ti
tle to nil prop2rty to the seminaries ex
actly where they are now. In the bands of
the various boards of trustees , and with the
further puriwse of securing the veto power
of the assembly as an effective force of
safeguarding by charter provisions trusts
bold nnd to be held by the boards of trus
tees against perversion or misuse.
2. That tills general assembly reafllrms
the action of the assembly of 3S9I , nnd In
view of the progress made ami the Im
portance of tli3 Interests Involved , declares
that Its efforts should be continued to se
cure the adoption In substance of the as
sembly's plan by all the Femlnarles.
3. That a committee be appointed to have
further charge of this matter and to make
report to the next general assembly.
4. That the committee Is Instructed , In
the prosecution of Its work , nnd in Its re
port to the next general assembly , to give
n full consideration to No. 0 of the reunion
compact of J870 In Its relation to those sem
inaries now under synodlcal and antl-1'res-
bytcrlan control.
The following recommendations were also
adopted :
With regard to Princeton seminary , that i
"while respecting the Judgment of th ? boards
and not prepared to say that it is Incorrect ,
the assembly Is of the opinion that In order
to put the matter beyond all question It
would be well for the boards to do what they
express their wlllngness to do to endeavor
to take such action as will Insure to the gen
eral assembly the right to be represented In
the courts and to enforce its proper control
over the seminary and its property. "
With regard to the Western Theological
seminary In Alleghany , Pa. , it was "rec
ommended that the directors be requested to
secure the necessary legislation to enable
the next general assembly to carry out the
principle set forth by the assembly of 1894. "
The action with regard to the seminary at
Danville , Ky. , was the recommendation that
"the board of directors be requested to secure
such legislation , not Imperiling their charter ,
as will insure the general assembly the right
to be represented In the courts and to enforce
Its proper supervision over the seminary and
Its property. "
The final resolution was couched In these
words : "In regard to the seminaries which
have simply answered that action Is not ex
pedient , or the proposed amendments would b ;
of doubtful validity , or the way Is not clear
to act as at present Informed , no opinion Is ex
pressed , Inasmuch as these seminaries as
signed no specific reasons for their action. The
general assembly cannot , therefore , trake any
suggestions to the ? ? seminaries beyond the
earnest request that they reconsider thslr
action , slnco the adoption , substantially , of
the assembly's plan by all the seminaries
will give assurance to every donor nnd to
all our members that these Institutions are
amply secured to the Presbyterian church. "
Afterward the old committee was reap-
polnted , with the addition of thremn's ! > ters ,
of whom the moderator was to be one , and
of two ciders. The fourth resolution was
added nt the urgent solicitation of a repre
seutatlve of Auburn seminary , but It under
went great change bUween Introduction and
adoption. At first It provided for approval of
the government of these seminaries under
synodlcal and Presbyterian control , but In Its
final form this approval was eliminated.
Their great success promises to embolden
the conservatives for drastic measures agalnsl
the students of Union seminary. The vet ?
today was a declaration of war to the knife
and the only end will be surrender or se-
cession.
The morning papers contained a letter
which raised a scene In the Presby
terian general assembly. It purported to
bo an attempt to forestall the action
of the assembly In choosing a moderator In
favor of the liberal s3e. ! Deforo the re
sumption of debate on the seminary question
Hon. E. E. Whltte and Dr. William M. Page ;
rose to questions of personal privilege and
repudiated any connection with the letter or
with Its statements.
After thu reference ot certain papers In
regard to theological seminaries to Dr. F. C.
Monfort's committee on seminaries , the dis
cussion was centlnued , Dr. William 0. Thomp
sou , president of Miami university nt Oxford
0. , having the llcor. He said there was a
misunderstanding on this subject. It hai
been a negotiation between the assembly and 1
the seminaries , the results of which had been
state.l to the assembly. The question now
to the point was , "What shall wo do with the
results presenteJ ? " There were legal aniT
ecclesiastical considerations concerned In the
discussion. To show his personal attitude
the speaker said that ho was one of those
who voted .for the veto of Prof. Rrlggs , adding
that he would do It again even If It re
Union seminary Into Europe. Hut he Id
not believe In tbta report before the assembly
There were three things the assembly coulc
do. Some thought , apparently , that they
must "adopt the report or quit. " This wap
not u fact. It was possible to adopt a re
port and then force the Issues to dismiss the
committee and abandon the subject or to
report progress. The speaker then proceedei
to discuss the legal questions Involved , etat
Ing that the constitutions of the states make
these proposed changes impossibleunlws the
charters of tuo Institutions concerned should
bo Involved In danger. Charter changes
would Involve litigation In state courts and
the seminaries would be put to great ex
pcn. c. The assembly had sent out Its agents
mil their reports had come back. If th
proposal was to force the Issue then the as
uembly should assume all the risk and ex
pcnscs.
Proceeding to take up the points of the re
port. Dr. Thompson said that the churcl .
would do better to stand by the compact made
In 1S70 with the seminaries rather than tc
force them Into a new arrangement whlcl
they had declared unwlte or Impossible. H
called attention to the fact that the seminary
at Omaha was a new Institution and could dc
as It pleased In getting terms ot Incorpora
tlon , but the older Institutions could not do
to. The fact was asserted that these pro
pose. . ! changes would endanger some of the
seminaries and might cause their loss to the <
denomination. The compact of 1870 had
given the church tecurlty and would con
tinue to do to. It contained the substance
of the read t'ons , an ! t ! e lest wcs dange ous
A brief Interval between speeches war
utilized to g-t authority for the committee
on correspondence to send a letter to tha
Southern Presbyterian assembly meeting at
Dallas. Tex.
PRAISED THE COMMITTEE.
Dr. F. C. Monfort , chairman of the as
sembly committee on theological semtnirl s
then took the platform to support the repor
ct the conference committee. He praised th
report as courteous and whse. . -regretted
the language used by the speaker * preceding
with regard to Union seminary. ' though he
agreed that so far as the Unrest'ot the church
B concerned "Union did It. " ; '
Prof. Z.nos of McCormlck seminary then
look the floor , stating that Dri Monfort , the
last speaker , had simply obscured the ques
tions at Issue. He thought the matter to be
one of wisdom and policy. The plan of the
committee ho approved , but regretted that
Mr. McDougall had not lived a hundred years
ago , so as to have put hli Ideas Into the
charters of the seminaries to begin with.
The moat rousing speech of the morning
and the last of the session previous to recess
was made by ex-Governor James A. Beaver ,
who appearsd as a director of Princeton sem
inary and an enthusiastic advocate ot the
committee's report.
ItK.tlt ADMlll.tr , MEJDK lit IIKTIHKI )
Hnvcrcly Ilebukoil by ilie J'roildont for Ills
Iniitlmrfllimtlon.
WASHINGTON , May 20. 'The president has
retired Admiral Meade on his own applica
tion , and In doing so has administered a
severe rebuke to him. The admiral's appli
cation was made to the secretary of the navy
May S , and by him forwarded to the presi
dent , who today returned It to the Navy de
partment with this endorsement :
"Executive Mansion , May , 20 , 1895.The
within recommendation Is approved and Rear
Admiral Richard W. Meade Is hereby re
tired from active service In the navy pursuant
tosectlon _ 1433 of the revised1 statutes. The
president regrets exceedingly that the long ,
active services of this offlccf , , so brilliant In
Its early stages and often marked by honor
able Incidents , should , at Its close , bo tar-
nleheJ by conduct at variance with a com
mendable career and Inconsistent with the
example which an officer of high rank should
furnish of submission to the restraints of <
wh 1-coma dlsclpl.no rnd manifest proprje y.
GROVEU CLEVELAND. "
.MONKY W1I.I * AM. , UK ltIU'UM > ii >
These Who Ilnvo I'M Id Income ' Tin Will nt
Oncn Ho .Niil'lflcd.
WASHINGTON , May 20. Commissioner
Miller If the Internal Revenue bureau today
sent this telegram to the collectors of In
ternal revenue : "Income tax law declared
unconstitutional by the supreme court. Stop
all work In connection tlierowlth and send
to- this office at once under seal all books ,
assessment lists , returns and records In your
office or In the hands of deputies relating
to the Income tax. " In the ( commissioner's
opinion fully $35,000.000 or flO.000.000 would
have been collected during''the first year
from Income had the entlrtfi law bscn sus-
talned by the court and cvin' after It had
been shorn of the rent provision at least
10,000,000 and probably $20,000000 ; , he esti
mated , would have been collected. As soon
s possible those persons who have already
aid their tax will be notified that under
he authority granted by seclon | 3220 of the
evlscd statutes h2 will rotund all such
loncys on application of the payee. Although
oilay's decision of the court will materially
ut down the anticipated revenue of the
ovcrnment It Is not thought. It will necesst-
ate an extra session of congress , except
ome unlocked for contingency arises , It Is
nown that the administration does not re-
ard an extra session as rtccpssary , although
he revenues during the la.et month have
ot been at all satisfactory ; . The customs
icalpts particularly are surprisingly low. The
eficit for the year ending January 1 , 1891 ,
vas $34,24G,38G. On February 28 this had
een Increased to nearly. $3SOQO,000 and on
\prll 30 tb about J45.250'uOf < The deficit , as'
tated today , was $51,043.584. t " * > - ' ' " -
I'lLltK'S THIAL AQAlff DKl.AYKl )
\lfrcd Tuylor'H Ca o I nlni ; Taken I'lrst nnd
OnRtir Out on iml. :
LONDON , .May 20. The Old Bailey court
was crowded today at 11 o'clock In the
morning when Justice Wills , accompanied by
he lord mayor of London , Right Hon. Sir
'oscpli RonaU , and several aldermen took
heir seats upon the bench preparatory to
he commencement of the second trial of
Oscar Wilde , who Is charged with serious
nlsdemeanors. Wilde had previously been
driven to the Old Bhlley. He was accom
panied by Lord Douglas of Hawlck and Rev.
Stewart Hcadlam , his two bondsmen. He
ooked haggard , but had apparently Improved
n health since his release on ball , and
walked smilingly Into the prisoner's dock ,
vhere he took his stand beside Alfred Tay-
or , who Is charged with similar offenses.
3lr Edward Clarke , Q. , C. , ' counsel for
Wilde , Immediately made an elaborate argu-
nc-nt In favor of havns | Wilde tried
separately. The Judge agreed to this and de
cided to try Taylor first. Sir Edward Clarke
hen dwelt at length on the great Injustice
which was done to his client by having to
wait while Alfred Taylor was tried. But In
spite of the argument of his counsel WHdo
ooked only too pleased as he stepped from
: lie dock nnd the judge allowed his ball to
be renewed and ho was again released from
custody after filing his personal bond In
(12.500 ( , and finding two sureties. Lord Doug
las of Hawlck and Rev. Stewart Headlam In
| G,250 each.
It Is now probable that Wilde's case will
o over until next session' ; of the Central
Criminal court.
OK MS 11.XL QUI'.SAUA } VH.L , L.EAU THU.H
llus an Offer to Take Command at the
IiiMircorit l'nrcp In Cnlii.
NEW YORK , May 20. General Quesada.
from Cuba , who landed yesterday from the
steamship Hilda , Is at the Fifth Avenue
hotel. The general says th'at the Insurgents
have offered to htm the command ot all the
Insurgent forces , providing he will join them
and accept the proposition. He has this offer
under consideration , and the probabilities
are that he will disappear quietly soon , and
that the next the country will hear Is of his
safe arrival within the Insurgent lines. It Is
known he received much encouragement from
Cubans In this city. This will not be Gen
eral Quesada's first military Invasion ot
Cuba. At a previous Insurrection ho led the
largest body of soldiers'- ' the Island ever
landed. He fought linden Pjesldent Juarc'r
of Mexico against Maximilian , and his sword
has been unsheathed In d number of battles.
His movements will be watchcd , with interest
by the Spanish government. "
Tilt : SqiUOIi QUESTION
( Jood Offices of. .Lonl Aberdeen Hrlng
Ab'int thyitrjuH.
MONTREAL , May 2f ( The .Manitoba school
question has been virtually settled through
the good ofllco of Lord Aberdeen. The pre
liminaries will do doubt | > e' approved of at a
meeting next week , at wblShPremier Green-
way and Attorney General1 $ if.ton of Manitoba
will be present. The plan It for the Manitoba
government to amend the school law provid
ing for Catholic schools with the fame cir-
rlculum as public whoolst but with the ad-
dlton of half an hour's Catholic religious in-
s'rnctlon , three men to be be'ec'ed ' by the
clergy to form a Catholic scnool board. The
remedial order will be Withdrawn.
Three llmidrod Thoitiind n Month.
CHIHUAHUA , Mex. . tfgy 20. The McCor-
mlck Mower and Reaper Company of Chicago
and Enrlkue Creel , a prominent banker ot th a
city , have obtained a ccncsi > lcn from the gor.
ernment fcr a railroad from Chihuahua to the
Ocampo mining district. Two preliminary
surveys of the road have been made and It
must be completed within two yeara. The
average yield In bullion of i the Ocimpo dla
trlct Is $300,000 In gold and silver per month
At present the shipments ot this output are
made by mule train to this city.
A mule train from thcs mines arrived here
a few days ago with builon : 'valued at $175,0 0.
Mi NiiriTrRluii Mnllurx Urnwu * il.
DOVER , England , May 20. The Norwegian
bark Ceylon , Captain Olien , has been eu
near this port. Six of her crew ro
drowned.
LAND BOOMERS CONFUSED
Opening of the Yankton Reservation Not
Arranged to Suit Them.
LIKELY TO BE A VERY TAME AFFAIR'
Prcupcctlvo Peltiers Unnblo , to Uotrrmlno
lit What Hour They May T.pgtly
Kntcr the Ancient Doin-.ilu
ot the ICodmcii.
ARMOUR , S. D. , May 20. ( Special Tele
gram. ) Tomorrow at noon the Yankton
reservation will bo thrown open to settlement.
This town Is lively tonight , but not so lively
as expected. The fact that the president
gave but five days' notice of the opening has
spoiled the whole affair. Register Boynton
of the Mitchell land office says he received
several hundred letters from eastern parties
who contemplated settling on the reservation.
It was thought thirty days' notice would be
given. The short notice shut out parties liv
ing at a distance , and lands will be taken
principally by young men of this state , Iowa
and Nebraska.
There are no officials hero to give the sig
nal for the opening , and people will go on
early tomorrow. The real rush which will
take place will begin about 0 tomorrow after
noon. After making some Improvements on
the land claims settlers will start for the
Mitchell land office , forty miles away , to
make their filings. The trip will be made
with horses , teams and bicycles , and 'will
bo an exciting race. Men have been placed
around the register's office , and an extra
force has been gathered to handle the rush.
Trouble will be encountered , as some ambi
tious t locators have In some Instances located
as many as a dozen settlers on one quarter ,
receiving $5 from each. There are many set
tlers already on the land , and are prepared
to stay there In any emergency.
While the largest number of prospective
settlers are hanging around Armour , entrance
to { the reservation will be made by hundreds
from Delmont , Springfield , Tyndall , Wheeler
and from Nebraska , crossing the Missouri
river ' In skiffs.
MUCH CONFUSION AT TRIPP.
TRIP ! ' , S. D. , May 20. ( Special Telegram. )
Everybody Is nt sea concerning the opening
of the Yankton reservation. None of the
prospective settlers know whether to go on
the reservation at noon tomorrow or to be
at the land olllce In Mitchell to make filings.
Squatters who have mode Improvements
think they have done all that is necessary.
Considerable confusion will result. Up to
11 o'clock this morning the president's proc
lamation had not been received at the Mitch
ell iand office , and Register Bnynton hardly
knows what to do. He told The Bee corre
spondent that he would consider the pjrson
who first made the filing , after making Im
provements subsequent to the hour of openIng -
Ing , entitled to the land , nlthough he would
receive filings tomorrow nfternoon. Wagon
"loads of settlers are making their way toward
the reservation today.
YANKTON , S. D. , May 20. ( Special Tele
gram. ) The opening of the Yankton reserva
tion to settlers tomorrow will ba attended
with very llttlo excitement. Cleveland's
elay .In Issuing tho' proclamation and the
short tlmo between Its'date and the day of
\ opening have prevented many people gather
ing at points favorable for going upon the
land , and less than 100 people will take
claims tomorrow. The land will all be speed
Ily filed upon , however.
HISTORY OF THE STRIP.
In the past forty or fifty years the Yank
ton reservation has baen cut down by the
government and the land turned over to tin
whites from several million acres to a little
over 400,000 acres. The old reserve com
prised what Is now Woodbtiry county , Iowa ,
where Sioux City stands , but whirli was in
the early days simply a camp for the In
dians , Plymouth county , Iowa , Union , Clay
Yankton , Bon Hommo and Charles Mix coun
ties , this state. The Yanktons gave up the
major part ot this territory under a treaty
approved by congress April 19 , 1853. In giv
ing up their lands the reds were shrewc' 1 '
enough to take the best of all the land for
their final abiding place.
The 400,000 acres which now make up the
Yankton reservation Is probably the richest
tract of that size In this state. On the nortl ;
and west lie Douglas and Charles Mix coun
ties , where the farm lands are worth from
$8 to $20. On the east Is Bon Homme , ono
of the richest agricultural counties In Soutl
Dakota. Along the entire southern boundarj
of the reservation runs the Missouri river
This excellent location Is not all. Through
the reserve run many living streams o
water , a great boon In a western country
which are lined on either side with valuabk
timber. This timber Is principally cotton
wood and box elder , although hard wood Is
to be found In less abundance. The settler
will have no difficulty In getting wood fo
fuel comparatively near at homo and for a
very reasonable price.
In the center of the newly opened land
lies the largest body of water In South Da
kota aside from the rivers. It Is Laki
Andes , covering over 10,000 acres and capabl
of furnishing all the fish necessary for tin
entire population of the reserve. In 189
there were over 100 tons of food fish taken
from this lake. There Is no question tha it
ito
there will be a townslte laid out on the shor o
of thin lake which will soon attract buslnes IS
men and plecsuro seeking parties In goodly
numbers.
The transportation facilities are comparn
lively good. Three miles to the north of th
reservation Is the town of Armour , which I
the terminus ot the Chicago , Milwaukee
St. Paul ra'lroad. ' Ten miles to the east ar
the towns of Springfield and Tyndcll , also o
the Milwaukee line. There are several goo ' *
landing places on the southern boundar
where the boats on the Missouri river fron
Sioux City land. It Is likely that the boat
will get most of the business , as transporta
tlon by boat Is cheaper than by rail.
INDIANS GOT FIRST CHOICE.
Of the 400,000 acres In the Yankton rcser
vatlon there are only 168,000 subject to entr
by the whites. Under the last treaty be
twcen the government and the Yanktons
approved August 15 , 1891 , the Indians wer
given the first choice of the land. They hav
secured their allotments , leaving the ba"
ance for the whites. In taking their land Is
the reds did not go on the plan of taking th
best , but rather on the plan of De'ng ' togethe
and as near as possible to the Yankton In
dlan agency. Their lands , therefore , lie prln
clpally In the southern part of the reserve.
Their object In taking the southern land
was partly to get the bluff lands which ex
tend back from the Dig Muddy about si
miles , so that their ponies and cattle mlgh
got good grazing land. It Is well known tha
the Indians do not do any unnecessary work
and If they can get a livelihood by smokln
while they raise cattle they will not follow
plow. The land left for the white settlers
of excellent quality , being the same as
found In the surrounding counties. The fac
that men are willing to pay the governmor
$3.75 per acre for the land Is a good guaran
tee that It Is valuable , even In the wll
state.
Settlers make the'r filings be'ore the count
judge or clerk of the court. These officer
send the entry papers to the Mitchell Ian
offic < 9 , which has control over that country
Fifty cents Is paid upon the filing of th
original entry and $3.25 upon the filing '
the final entry. This latter cannot be a
compllshed until the settler has lived i
least fqurteen months upon his farm and cult
voted It ; he has also the privilege of defer :
ing the final entry proceedings until after
si ven years ha * elapsed from the first filing
The stipulation In the treaty that only home
steads can be taken Is to prevent the com
mon practice of early days of speculators get
t ng friends to make filings on land and then
hold them for purchasers to buy up and Im-
irove. The old pre-emption and tree claim
laws being done away with In this case , each
person must prove to be a bona fide resident
before ho can secure title to his land or get
the right to sell or dispose ot It In uny way.
WAlTlNOrOKTllKKtCKAl'OO OI'K.M.Ml
Ten Men Lined Up for the HiMh for llvorj
Avallntila Clnlni.
OKLAHOMA CITY , Okl. , May 20. Hun
dreds of people arrlvo hourly to help swell
the already well filled lines now camped
along the borders of the Klckapoo reserva
tion , awaiting Its being thrown open to set
tlement on Thursday. The weather to far
has favored the would-be settlers , who are
exceptionally cheerful and apparently com
fortable In their crude schooners and shan
ties. But 050 of the thousands who desire
to take up claims can possibly be satisfied
and some predict a most sensational run
nnd lots of trouble , while others say dis
couragement will prevent n great proportion
of the waiters from going In at all , except
as sightseers. Already there Is n line of
weary waiters before the land ofilces , who
took up their positions when the Issuing of
the ; president's proclamation was first made
public.
A new scheme has been Invented to de
ceive settlers. Sooners have gone upon the
land and planted fraudulent stakes , purportIng -
Ing to tell that the particular section Is nit
allotment or school section , to cause honest
homeseeckers to go past It for open land
further on. Then the planter of the stakes
will follow leisurely , pull them up and use-
them to cook his coffee with Thursday night
on the site of a carefully chosen and un
lawfully gotten claim. Chandler , situated
three miles from the northeastern corner ,
and Tectimseh , the same distance from the
southern point of the reservation , both good
county scat towns , will bo the greatest start
ing points. Ingram and Garncttsvllle , on the
north side , Choctaw City , on the west , and
Clifton and Shawnce , on the eastern line ,
will also be starting points. Wcllston , In
the northeastern part of the reservation , and
Douglas City , situated near the center , both
old Indian points , are the only prospective
townsltes as yet , but there will be undoubt
edly others.
r > .ir OF Tint ME.iirjits
Troops llovlaircd by l.lpiitonnnt General
Scimllcld 'thin Afternoon.
MEMPHIS , May 20. This , the last day but
ono of the Interstate drill nnd encampment ,
was known as "Athletic day , " because the
whole forenoon was consumed by contests In
which representatives of the principal south
ern athletic organizations competed for prizes.
At 2 p. m. a concert was given by the Iowa
State band , and at 2:30 : p. m. Lieutenant
General Schofield began the review ot all the
troops In camp.
General Schofield and party left on the
Yazoo & Mississippi Valley railroad1 for New
Orleans. Then they proceed to Houston ,
Tex. , stopping over at the state encamp
ment of tbe Texas National guard , which fol-
Ic-.vs the ex-confederate reunion. Then the
genc'al will Inspect the army posts In Texas
and Indian Territory , returning east through
Missouri to Chicago. This will be General
Schofield's final Inspection bcfcro retiring
from command of the army.
Some feeling has been created here by a
special from this city to the Washington
Post , In which It Is stated that the program
given Captain Denier of the Fencibles to drill
was a page short , which caused the company
to fall to complete the exercises. This is
stated as coming from Captain Donier. It
Is also Intimated that there will be trouble
and possibly litigation over the Galveston
cup now held by the Fencibles In case It
should bo won by the Seeleys In the compe
tition for It , there being no objection to the
Seeleys entering Into the contest. Captain
Domer denies absolutely that he said the
program given to. him was short , and he also
states that there will be no trouble about the
cup. If the Seeleys win It , he said , they
can take It so far as he Is concerned.
Tomorrow will be the liveliest "get nway
day" Montgomery park has seen In many a
day. The drill Is all over but the shouting
and the sham battle , and tomorrow night
the reculars and militia will break camp.
Today every uniform at Camp Schofield was
called Into service. U was review day , and
th3 guest of honor was the lieutenant general -
oral of the United States army. General
Schofield and his staff and the ladles of the
party reviewed the parade from the grand
stand. A largo crowd was present , and the
distinguished general was given n rousing
reception. After the review the crack com
panies of the camp gave exhibition drill until
tlmo for dress parade at C o'clock. Tomor
row the sham battle Is scheduled to begin
at 4:30 : o'clock , after which the troops will
bo lined up and the prizes will bo dls-
trlbuted.
The Thurston Rifles still hold their position
as favorites In class A , with the Chlckasaw
Guards and the Morton Cadets well liked.
This morning's athletic program brought
out some Interesting contests. The principal ,
events resulted as follows :
100-yard dash : V. H. Demourell. Louisiana
Grays , won ; M. n. Trczevant , M. A. C. , sec
ond. Time : 0:10 : 4-5.
Polo vault : H. A. Wcnecke , Louisiana
Grays , won , with 9 feet ; W. K. Dcpassa ,
Louisiana Grays , second.
7C-yard dash : V. H. Demourell won , M. D.
Trezevant second. Tlmo : 0:08. :
Running broad Jump : V. H. Demourell
won , H. E. AVcnecko second ; 19 feet 10
Inches.
120-yard hurdle : H , A. Wcnccko won In
IC',4 seconds , A. Depassa second.
Ono mile rim : M. Vcrdclla , Louisiana
Grays , won In 5:06 : ; George II. McCIeary
second.
220-yard dash : M. H. Demourell won In
24 seconds , M. I ) . Trezevant second.
Runnng : high jump : H. A. Wenecko won ;
5 feet.
440-yard dash : A. Depassa , Jr. , won In
55 % seconds ; W. K. Dcpassa second.
.soi/.v/j siuxnr cu.\t'tt\ninf.
Mcmphli Kxpectln ; ; it l.Hrgn Crowd to Ilriir
Antl-Mlver Arcnnicnts ,
MEMPHIS , Tcnn. , May 20. Judging from
the appointments of delegates already re ,
ported there will probably bo upwards of
300 exponents of the sound money sentlmont
of the south In attendance at the convcn-
tlon opening here on the morning of Thurs
day , May 23 , Every city nnd most nf the
larger southern towns will be represented.
The convention wl'l ' meet In the Auditorium ,
which has a seating capacity of 8,000 , and
the probability Is that Its capacity will bo
taxed to the uttermost. Secretary Carlisle
will reach the city the morning of the 23d
and It will be left to him to say whether
he shall speak during the day session or
at night. The applications for quarters at
the hotels Indicate that several thousand
visitors , some from northern and western
cities , will be on hand to hear him.
IX1HAXS NOT UVII.TV OF ItltlAMV
Attorney ( icnrral Hxys llio United Stitch
rw DnoH Nor Itrcngnlzn Snoli mi OfTi-nxc.
SIOUX PALLS. S. D. . May 20.Speclnl < \
Telegram. ) Judge Edgerton has received a
letter from Attorney General Olney asking
him to explain why United States commis
sioners In South Dakota are Iffmlng war -
rants for the arrest of Indians for bigamy
when the United States law does not recog
* *
nize such an offense , nnd saylni , ' that
charges had been preferred by the Interior
department that the United States author
ities were persecuting the Indians In Houth
Dakota. Jiidgo Edirerton declined to state
what reply ho would make.
Itnrtnlo ( live * I IIP I.Iks n tVclcninr ,
UUKFALO , N. Y. , May 20.-The city was
hung with buntingIn honor of the He-
nevolent Protective Order of Elks conven
tion , which opened this morning In Ll'd-r-
tafcl hall. The uddrcxs of welcome was
given by Mayor Ji-wctt nnd the response by l
Orand Krnttfil littler W. H. Friday of
Hrooklyn. The lodge began Its tmslii > H8
session In th < > aftrnoon , and wait K'Vn '
over to an executive session , In which noth
ing of cpeclal Importance wu done , except '
the appointing of variant ) commlttecH.
Grand Exalted Ruler E. A. ISiirtiett BH.Of
Omuha was the chairman of the peace
convention , and Emmet K. Fleming of Huf-
falo. O. I' . Cronk of Omaha and W. IfP. .
Atkinson of Erlu worn nppolnted secrclurkH.
Moirniniii of < l rn Stri lurr * Muy so ,
At New YtrkArrivedFuldn , from
firemen. Hailed- Runic , for Liverpool.
At Philadelphia ArUved Ohio , from Liv
erpool.
INCOME TAX IS VOID
Justice Shiras Changes ll's ' Mind Binco the
First Opinion Was Hondered ,
SUPREME COURT ANNULS THE ENTIRE ACT
Scope of the Previous Decision Extended on
the Rehearing.
FOUR JUDGES HOLD DISSENTING VIEWS
Ohief Justice Fuller Beads the Conclusions
of the Mnjorita
FIELD , BREWEP , GRAY AND SHIRAS ASSENT
ll entlng Decision * Itrnit by .Jimtlcei Hat *
Ian , JiirUiuu nnd llrotTii Alciinlne ot
Direct TnxntUin fully IUcii cd
la the Several OpInUm * .
WASHINGTON , May 20. The Income tax.
law , which has received so large a share of
the public attention since the beginning ot
the first regular session of the Klfty-thlnl
congress , Is a thing ot the past. After being
twice heard In the United States supreme
court , It was finally decided today by tha
court to be Invalid and unconstitutional.
There were four dissenting opinions , ono
each by Justices Harlnn , Drown , Jackson
and White , showing the court had stood llvo-
to four against the law. Inasmuch as ono
ot these dissenting opinions was handed
down by Justice Jackson , nnd as ho was.
absent at the first hearing when the court
divided evenly on the question of sustaining ,
the law on all points except those as to tha
tax on Incomes from rents and bonds , It
followed that one of the members of tho.
court who at first pronounced the law valid ,
except on those two points , changed his nttU
tudo after the second argument. There Is.
very little question that It Is Justice Shiras.
whn changed his views on these points. Ho-
made no announcement cither today or when
the first opinion was delivered. While tho-
opinion of the chief justice was largely a
review of the general aspects of the ques
tions Involved , he based the opinion of the
court today upon the argument that the-
provisions of the law regarding the tax on
rents and bonds were so essentially a factor-
of It as to render all other parts of It de
pendent on them and , In accordance with tho-
well known rule of law bearing on thta
question , the law as a whole must bo declared -
clared : Invalid. The opinions of Justices Har
Ian anjl White were couched In language so.
vigorous and were so emphatic In their ar
raignment of the majority as to cause very-
general comment. Iloth justices Indicated
their belief that the ruling opinion wan rcvo- .
lutlonary and Intimated that serious consequences
quences might ensue. Justice Harlan sug
gested the necessity for amending the con
stitution In view of the opinion.
COURT ROOM PACKED.
The court room was packed during the en
tire three hours when the opinions were being-
delivered. . The unexpected event Df the day
was In the appearance of Justice Jackson.
Ho had announced after casting his vote last.
Saturday week that he would return on the-
following Monday to Tennessee , but It ap
pears that Instead he wont to Philadelphia to.
consult a specialist on Internal diseases. He
left the bench Immediately after delivering ;
his opinion today and It is understood will
now proceed south. Ho delivered his opin
ion from notes.
It should probably bo stated that while tha
cases In which these opinions were delivered
are uniformly characterized as the Incomoi
tax cases , they are known on the court
dockets as the cases of Charles Poolock.
against the Farmers Loan and Trust com
pany , and Louis II. Hyde against the Conti
nental Trust company ot New York , both ap
pealed from the circuit court of the United
States , southern district ot New York.
Three dissenting decisions were read by-
Justices Harlan , Jackson and Brown.
Internal Revenue Commissioner Miller Has ,
telrgraphed all collectors of Internal revenue ,
to forward at once to his dlllce all Income tax
returns and everything else pertaining to the-
tax. Up to this time there has been col
lected about $800,000 under the Income tax :
law , which was today declared unconstitu
tional. While no action has yet been taken In
the matter , It Is almost certain that Internal
Revenue Commissioner Miller , as soon as ho
ls officially Informed of the court's decision , ,
will take steps to refund all Its collections.
The Internal revenue laws give the commis
sioner epeclllc authority to refund all moneys.
Illegally 01 wrongfully collected by him , and
there seems to ba no doubt that this au
thority covers the Income tax case.
"That was as I expected , " said Postmaster
General Wilson when the news of the decision
was carried to him. "Well. It Is not so seri
ous as-the general view of It seems to mak
It. If trade revives nnd continues to Improve
as It has of late there will bo revenue enough.
From now on Increasingly larger amounts of
whisky must b * taken out under the new tar
and this Increase will amount to over $15,000-
000 a year. Taken with the Increase of rcvo- .
nuc from customs duties the now tax on
whisky will make up the deficit. Th's month ,
you tee , the Internal r : venue collections are
$6,000,000 $ and the tariff about $7,000,000 , while
wo pay out over $10,000.000 , I think times ,
are Improving and the government will havo-
all necessary revenue and the deficit will soon ,
b ? a thing of the past. "
JUSTICE JACKSON WAS PRESENT.
There was the usual throng of people about ,
the United States supreme court room In an
ticipation of a final decision of the Income-
tax cases , the chamber being crowded for
quite a time before the court convened at
noon. Those present Included many attor
neys and u full representation of the pi'ess as
well as a fair sprinkling of members of con
gress. The justices were at the capltol early
and the consultation began promptly at 10
o'clock , continuing until a few mlnutfs betoro
12. All the members of the court being
present , Including Justice Jackson , who ap
peared at the court greatly to the surprise )
of every one save the justices.Vhllo thera
uero other cases under consideration In the
conference , the Income tax cases received
the principal share of the attention of tha
members of the court. The presonee of Jus
tice Jackeon caused a great deal of specula
tion , and uaa the basis for a great deal ot
gossip , and was taken to Indicate the possi
bility of some sort of surprise for tha public.
The fact that Juetlca Jackson was In the
city , and that ho had participated In tha
consultation today did not b-come known
until a few moments before the court cama
In. He occupied his Beat with thn other
members of the court , making a full bench
at the delivery of the opinion , as there was
at the hearing. The chief justice Immedi
ately began the delivery of the main opin
ion In the case.
Mr. Justice Kuller delivered the opinion ot
the court. The opinion was as follow * :
IMPOUNDING TIU3 CONSTITUTION.
"Whenever this court is required to pass
upon the validity of an act of congress as
tested by the fundamental law enacted by
the people , the duty Imposed demandu In Its
discharge the utmost deliberation and caro-
and Invokes the deepest noiue of responsi
bility , and this It especially co when the
question Involve ! the excrclto of e great
governmental power and brings Into consider
ation , as vitally alTrctml by the decision , that
complex system of government so sagaciously )
framed to secure and perpetuate 'an Inde-
s'ructlblo union computed ot Indestructlbl *
elates , '
"Wo have , therefore , an anxious deslro to
omit nothing which might In any degree tend
to elucidate the qucitlons submitted , and
aided by further able arguments embodying
the fruits of elaborate retcarrh , wo hay *
car'fully rc-cxrmlncd these . --asei with ths
result that while our former conclusions re- .
unchanged their scope must bo er > *