The Omaha Daily Bee The Omaha bee Is tb mint power fal builnrnt Rotter la th nt, becai It goes to the horns of poor and rich. WEATHER FORECAST. For Vr-hraska-Oenerally fair. r nr Iowh- Knlr. Kit fnth"r report see pace i. VOL. XXXIX-XO. 1. OMAHA, THURSDAY MORNING, JUNE 17, 1P)!-TVKLVK PAGES. SINGLE COPY TWO CENTS. SPECULATION IS NOT GAMBLING C'.ncluiicn Reached By Hughes' Com million to Investigate Stock Exchange Practices. Norris Brown Chloroforms the Income Tax WILL FIGHT ON , FOR INCOME TAX "Progressive" Leaders in Senate Will Continue Battle Despite Mes sage of President. TAFT URGES AN JiAlWIINGS TAX President Sends Special Messag-e to Congress Favoring- Levy on Cor porations. His Resoluti:n to Submit Constitu tional Amendment EnJs That Fight for Present. FUTURE DEALINGS STEADY PRICES DISAVOW ANY ANTAGONISM WOULD AMEND CONSTITUTION Markets Depends en Operations of the Bulls and Bears. SOME THINGS ARE NOT VERY NICE Plain Gamblh v 'utures Should Be Absolut rohibited. TWO "EXCHAN CONDEMNED "Mrtnl" and "Me. 5 r" Are Not Legitimate II 04 rlnnlly Trading- nnd v.v ' Be Ahull L .' " Ni:V VOKK. June 1G.-The report of the 'oinmlttee appointed by Oovernor Hughes to Investigate speculation in securities and commodities and the organisations tused In dealings therein was made public to night. The New York stock, the Con solidated stick, the cotton, the produce, the coffee, the mercantile, and t he Metal exchanges and the Curb market were thor oughly investigated and recommendations looking to Impioveinent of existing condi tions were made at length by the com mittee. The most drastic finding Is that affecting the Mercantile and Metal ex changes, as follows: "Under present conditions, we are of the opinion that the Mercantile and Metal ex changes do actual harm to producers and consumers, and that their charters should be repealed." Concerning speculation In general, the committee declares that it may be wholly legitimate, pure gambling, or something partaking of the qualities of both, that in some form It ia a necessary incident of productive operations; that It tends to steady prices and that for the merchant or manufacturer the speculator performs a service which has the effect of Insurance. "In law," says the report, "speculation be comes gambling when the trading which it involves does not lead, and Is not Intended to lead, to the actual passing from hand to hand of the property that Id dealt' In. The rules of all the exchanges lot bid gambling as defined by this opinion! hiu they make so easy as to technical de livery of the property contracted for' that the practical effect of much speculation, In point of form legitimate. Is not greatly llfferent from that of gambling." The committee makes no presentment igalnst short selling, ut declares the tendency of such a selling Is to steady prices. It is recommended that the minimum margin should be 20 per cent and Urong disapproval Is expressed of branch brokerage offices which supply llluorn(J rort to, other improper .means .o induce speculation. - Moat Important In the 'World.- Taking up the New York Stock Ex hange, the volutin, of transactions thereon s referred to as making it probably the Host Important financial Institution In the world, its "enormous business affecting he financial and credit Interests of the country in so large a measure that its proper regulation Is a matter of trans cendent importance." Patrons of the Ex change are divided by the committee Into five groups, namely. Investors, who pay for what they buy; manipulators of prices; floor traders; outside operators having cupital and experience, and "inexperienced persons who act on Interested advice, 'tips,' advertisements in newspapers, or circulars sent by mall, or 'take flyers," " tn absolute Ignorance and with blind con fidence In their luck. Almost without ex ception they eventually lose." As to the character of the transactions the commit tee declares: It is unquestionable that only a small part of them Is of Investment character; a substantial part may be characterised as virtually gambling. Yet we are unable to see how the state could distinguish by law between proper and improper trans actions, since the forms and mechanisms used are Identical. Rigid alatutea direotud UKttlnst the latter would seriously Inter lere with the former. The experience of Germany with similar legislation Is Illu minating, liut tlie (Exchange, with the plenary power oer ...embers and their operations, cuulu , ...e correctives, as we shall show. i'urchastng secui.. . on margin Is as legitimate a truusuv. .i as a purchaae of any other property in which part payment Is deferred. We therefore see no reason whatsoever for recommending the radical change suggested, that margin trading be prohibited. Insofar as losses are due to insufficient margins, they would be materially reduce if the customary percentage of margins were Increased. In preference to recom mending legislation, we urge upon all brokers to discourage speculation upon small margins and upon the Exchange to UHe its influence, u.,d If necessary, Its power, to prevent members from soliciting and generally accepting business on a less margin than 30 per cent. Pyramiding la Condemned. Pyramiding, that is the use of paper profits as margin for further commitments, should be discouraged, says the commit tee. In this connection it is suggested that If brokers and the banks would make It a rule to value securities for the pur pose of margin or collateral, not at the current price of the moment, but at the avtrage price of. say. the previous two or three months (provided that such average piico were not higher than the price of the moment) the dangers of pyramiding would be largely prevented. The report buys: We have been strongly urged to advise the prohibition or limitation of short sales, not only on the theory that it Is wrong to agree to sell what one does not pos sess, but that Much salea reduce the mar ket price of the securities involved. We do not think that It Is wrong to agree to sell something that one does not now poa mjs, but expects to obtain later. Short Kellers end. uxor to select times when prices seem high in order to sell, and tunes when prices seem low In order to buy. il.iir action in both cases serving to less, n n.nntices and diminish declines of pile.-. In other words, short-selling tends i' I'lmliird steadiness In prices, which Is iim nlnntage to the community. No other in.-ins of restraining unwarranted mark mi nit and down of prlcea has been sug . rested to. us. The commlltee here rails attention to the New York law- of 1S12, which declared vn!l all short sales, and to the law of WR. repealing Hie art of mt and legalising short sales. Milling tho Market. Manipulation of prices Is divided by the committee ttiti two classes: First, that which Is resorted to for tha purpose ol making a market for Issues of new secur ities, and second, that which la designed to serve merely speculative purposes In the endeavor to make a profit as tha re- (Continued on Second Page.) (From a Staff Correspondent.) WASHINGTON. June l.-Kpecial Tele gram.) President Taffs message, recom mencing a tax cn the net revenues ef cor porations, read in the senate teday. Is (he outgrowth cf a series of conferences held between the progressive republicans and the conservatives, with a view cf clarity lug a very much strained situation. Coupled with the recommendation cf President Taft such a tax, In his cplnion, would be constitutional Is the direct suggestion thut In this legislation should be a provision for vote by the states tn a constitutional amendment giving power to congress tc levy a lax on incomes. Senator Rrjwn ot Nebraska introduced the first resolution suggesting such a con stitutional amendment Senator Nelson ot Minnesota later, in the present session of congress. Introduced a resolution very sim ilar in character, but somewhat different In verbiage, looking to the same end, and these two resolutions are before the fi nance committee of the senate tonight. When the message camn Into the senate this morning It created Intense surprise among those senators who had hoped for a vote on the Income tax proposition, and Senator Hrown seemingly was picked out by some of the Insurgent republicans for Intense criticism. 1 "You have chloroformed the tariff sit uation," said Senator Cummins to Senator Brown, as they stood together In the marble room fronting the senate chamber. "On the contrary," replied the senator from Nebraska, "I have helped In a small way to resuscitate the copse." Senator Borah, who has been the most pronounced Income taxlte cf the Insurgent forces, and who argued at groat length for the constitutionality of such a meas ure, said even harder things to Senator Brown than had Senator Cummins, but Brown, knowing his position and having been In conference, not only with the pres ident, but with the lawyers) of the cabinet, believes that the only way to make the Income tax constitutional Is tc have the states say so. and the finance committee tonight Is laboring with that question. In the meantime, Senator Brown Is re ceiving congratulations cn all sides for his farsightedness and his appreciation of the constitutional question. Germans Narrow Says Von Buclow in Bitter Address Chancellor Scores Countrymen for Allowing Political Opinions to Enter Into Social Life BERLIN. June 10. Chancellor Von Bue- tow, In the Reichstag today, sarcastically attacked the tactics employed by the cler ical party aaalrst him. They had even dared, he said, to accuse him of dis loyalty to the emperor and Infidelity to the Austro-German alliance, and they had considered It necessary to sever their social relations with him. "Possibly It Is because I have lived so long abroad," continued the chancellor, "that It never occurred to me to exclude anyone from social relations because of differences of political opinions. I hope to see the day when In this respect also Germans will be as other people. Partic ularly In England, no one ! so petty as to carry political antagonisms Into personal relations." The chancellor praised the part that liber alism had taken in the development of German national life and spoke highly of the great contributions that the liberal parties, were making today toward the national welfare. Referring to the reports that he would resign the chancellorship, Von Buelow said: "I will remain so long as the emperor believes that my co-operation In the In ternal policies cf thi government is use ful to the errplre, and so long as my own political convictions and nry own Judgment of the political situation make me be lieve I can be useful." Degree tor Baron Takahlra. CHAMPAIGN, 111., June IS. Baron Kogora Takahlra, Japanese ambassador, addressed 564 graduates at the thirty-eighth annual commencement exercises of the University of Illinois today. Degrees were conferred by President James. The hon orary degree of doctor of laws was con ferred on the ambassador. Calhoun's Lawyer Exhausts Language of Vituperation SAN FRANCISCO. June la- Patrick Cal houn's explanation of the btiheiy Indict ment against him ' rci!oa!l sub mitted to the Juiv tenant. rn A. A. Moore senior of the six ctomael for the president of the United Railroads, promised to close his cane during tbe first hour of tomorrow's session. Mr. Moore's argument, which has already extended over eight hours, was pronounced tonight by adherents of both sides a masterly review of the case. Mr. Moore declared there was a fatal error In the prosecution's rase tn the testimony designed to show tho offer of a bribe." The mate had failed, he declared, to show that Gallagher made an offer to Nlchrlas prior to actual payment of the money. He argued, regarding extracts from the transcripts of prior trials, that Callaghrr and Nicholas had both failed on several occasions prior to the present trial to testify that any such offer had been made aad he intimated more than once that tha prosecution had submitted a machine-made case that showed Uie marks af tbe tools. "Without this potent factor, this abso lute essential." said Moore, "this case falls to the ground of Its own weight, 'f there was no offer, there was no bribe. 'Nicholas, as well aa Gallagher, comes before you an accredited perjurer and has confessed aa well that he had been guilty of high crlmee against tha state. He has sworn both ways first that be had re Declare Their Position Not Inconsist ent With Taffs Attitude. EARNINGS TAX IS NOT ENOUGH They Give Oat Statement Defining Their Views in Detail. DEMOCRATS ARE UNDECIDED tlnrah, Itrlstow, Clapp, Cnmmlns and I. a Follette Hold Meeting; and De ride to Carry On Fight On Orlalnal Lines. WASHINGTON, June . Five prog ressive republican senators. Messrs. Borah, Bilstow. Cummins, La Follette and Clapp. cenferred tonight to determine what their attitude Is tc be In relation to the Income tax amendment to the tariff bill In the face of President Taffs special message to congress today, favoring the submission of the question to the states for a consti tutional amendment, and the enactment of a law taxing the net earnings of cor porations. They derided that the president's plan Is not Inconsistent with their demands for the adoption of an amendment taxing In comes, and that both may be adopted In harmony. They assume that the presi dent's plan, endorsed by leading republi cans on the finance committee, Is designed to "chloroform," the Income tax amend ment, but nevertheless announce that they will continue to fight for lta adoption. In a brief statement prepared by Messrs. Borah and Bristow. the supporters of an income tax amendment, say: "The friends of the Income tax feel It a duty to continue to put forth "very effort to secure the adoption cf the measure They will, therefore, urge the adoption of the amendment. They also stand ready to support a resolution providing for an amendment to the constitution of the T'nlted States. While they believe that the supreme court will sustain the law, yet to provide arrainst a possible contingency that might result from an adverso decision, they gladly favor the propositions to amend the constitution. They do not fel satis fied with simply a corporation tax. Corporation Tat "Imperfect." "A tax upon the net Income of corpora tionse only will Imperfectly reach the de sired result It will tax tens of thou sands of stockholders whose total incomes are small, and will exempt In large meas ure tho immense personal incomes of the country. The provision they favor treats large incomes exactly alike, whether re ceived by corporations or individuals and whether arising from Interest, dividends, Inheritances or otherwise. The plan which they propose simply carries the president's views to their legitimate end, and Is as consonant with the decision of tha su preme court as Is the tax on corporate Incomes alone. There Is no reason for exempting from this tax the vast Incomes of Individuals like Carnegie, Rockefeller, and others, a very large part of whose fortunes do not consist of corporation stocks. "It Is also well known that corporations, especially the larger ones, can in moat instances shift the burden of the tax to the public by Imposing upon the people increased charges and. prices. "As to the publicity feature, there Is no substantial difference between tLe two measures. In other words, there Is tbe same necessity for securing tnfoivnattoii and Insuring publicity in tha income tax as In the corporation tax. "Every possible effort will be made to secure the passage of the Income tax amendment." J Expect Some More Help. The small attendance at the conference, it is asserted, does not, augur a lack of sympathy with tho income tax proposition, but is explained by the fact that the meet ing was not called until after tha presi dent's message was received and many senators had engagements which they could not break. An effort will be made to morrow to get together again. Senator Brown, author of the first resolution in troduced to enable the states to pass upon tha quejstlon of amending the constitution so as to empower congress to levy a tax on Incomes, was present tonight for about ten minutes. It is declared that he is not opposed to the adoption of the president's jprogram and the income tax amendment as wall. That the supporters of a direct tax on (Continued on Second Page.) ceived ao effer and then that he has mt " Mr. Moore was severe in his denunciation of J a me I Gallagher. "The top o' his head doe not emerge from the pit of corruption h has digged for himsulf," he said. "If you know a I man who had added perfidy to perjury. ' had been turned informer and sworn his confederates into Jail, would you return a dog to the pound on his testimony, or vould you deprive a man of his liberty and honor on the same authority?" Mr. Moore declared that hundreds of In nocent lives were taken in the French rev olution upon the perjured statements of informers. He paid considerable attention io the testimony of John H. Helms and Nicholas Kemgold, detectives for the pros ecution. "Helms," he said, "Is one of the soldiers of fortune who Incidentally served at the same time undtr two flags, and took money from both sides. We are told he was decorated by the Caar of Russia, I surmise for aome magntfioent gum shoe work in the land of spies. Consider Helms and this other soldier, Korngold. "and sup pose these two doughty warriors to he challenged by a sentry who demanded 'under which king? speak or die," Helms and Korngold, falling on their knees would say with one voice: 'Both' " Patrick Callhoun laughed openly at some of the speakers metaphors. M l Stilt: 111-' lip 3 1 wm ill rtJi -.-Hi "" "" " ' ' 'in . racCt u J'. M T -i r i From the New York World. MRS. GOULD IS BLACKENED Her Former Servants Tell Scandalous Stories About Her Conduct. GETS DRUNK EVERY OTHER DAY Evidence la That She Cursed and Swore at Grooma Rnvra In Dis hevelled condition Before Meni als Knd la Not Yet. NEW YORK. Juno 18. If .iward OoiiM did not go on the atand today to testify spainst his wife. Katherlne Clemrnons Gould, whose stilt - fari 'enaratlon h Is opposing. . Instfad thertwas a continuation of ffrvants' g.isslp accounts hv menials of their former mistress's eccentricities, hum iliating details, as swr.rn to on the stand, of Mrs. Gould's alleged ft ndness for al coholic beverages, and hor manner at such times when what the witnesses said was the Influence of liquor, brought from her lips remarks ill suited to a woman's tongue. And indications are that the plaintiff must endure for another day, possibly for two, the embarrassing ordeal of listening to the testimony of fonder servants, aJl of whom have been called at the Instance cf her husband to sustain. If posxlble. his contention that living with his wife was Impracticable and decidedly unoIwsa't, hence that the charge of abandonment, the mainstay of Mrs. Gould's case, is not borne out. Was Often Intoxicated. What Mrs. Gould heard today was but a reiteration and in some respects an am plication of yesterday's testimony, the basis of which Is that at various and divers times at the vast Long Island show place, Castle Gould, she had, according to the witnesses, been Intoxicated: had abused menials, had given arbitrary and unreason able commands to the sen-ants and had used severe language In altercations with her husband. Coachman, gardener, maid and other ser vants went on the stand and swore to the demeanor cf the woman who used to give them orders. An occasion when she would have fallen from her carriage, but for the protecting arm of a coachman, an attempt cf hers to drive through a closed gate, and a time when a footman saved her from falling intoxicated, were among the things testified by the I.ong Island rustic or ser vant on the witness stand. As on yester day, Mrs. Gould was greatly moved as Bhe heard this evidence. i A carpenter, Herbert Trotter, was-the last witness of the day. He said when he was working in the servants' quarters, Mrs. Gould rushed In at one time, swore at and abused the servants. "Her voice was shaky and Incoherent, her hair disheveled and she was very pro fane. She was decld-idly drunk," said the witness. t he Swears at the Grooms. "at another tlnv she came Into the sta bles while I was -working there and swors at tbe groom fti.d wa so drunk that every one could t!l that she u drunk." he contlnued."He tried to go up stairs to the harness room but could not navigate the steps," he addod emphatically. Trotter said he was ordered to go to Blue Gap farm, the Oould place in Vir ginia. On several occasions during the first ten days he was there he testified he saw her Intoxicated and heard her swear a great deal at the workmen. "One night ahe came In from driving, drunk," said the witness, "and began to abuse me and a man named Tony.' Khe said to me she wanted the big seven-foot hall clock moved, and I told her I would have to get help, and she said: 'Why, I can move it myself.' She was staggering drunk. She grabbed the clock and they fell against the wall together." Trotter testified that Mrs. Gould "was only occasionally Intoxicated" during her stay of ten days at the Blue Gap farm when he was there. Drank Kvrry Other Day. "How many times do you think she was Intoxicated during that ten days?" asked Mr. Hhearn. "Kveiy other day," was the reply. Referring to a time when Trotter said (Continued on Second Page.) ' Oil, YOU KIDl" Money Needed ? to Finish North Platte Ditch Senator Burkett and Director Newell Face Lack of Funds to Com plete Third Section. (From a Staff Correspondent.) WASHINGTON. t. C June lfi. If plans formulated by Senator Burkett and Di rector Newell of the reclamation service can become effective, conditions on the North Platte Irrigation project will be much Improved, and settlers along the third sec tion of the ditch will be relieved of much anxiety. For . some time they have - been anxious to have this third section of the ditch completed, and Senator Burkett has received a number of letters from them asking that the ditch be finished If pos sible. He has been working on the matter, and he and Director Newell have been going over the situation together with a view of having work go forward promptly. The principal difficulty has been because of lack of funds, but It is possible that this may be overcome by some arrange ment whereby settlers can do the work themselves. Director Newell has expressed himself to the effect that he will push work In every way he can. He has talked with settlers concerning It and says he will do all In his power to assist them Detailed plans are being made to com plete the third section of the ditch, and they will be put Into execution at the earliest possible date. H. J. Penfold and wife ef Omaha, ac companied by their little granddaughter, are at the Raleigh. Tomorrow Mr. Pen fold will be presented to the president and on behalf of the governors of Ak-8ar-Ben will tender to the president an Invitation to stop over at Omaha on his trip to tbe west, either going or returning, should Mr. Taft decide to make this trip during the coming summer. The First National bank of Bristow, Neb., has been authorized to begin busi ness with a capital of $25,000. F. M. Wid ner Is president, F. W. Woods vloe presi dent and J. K. Moore, Is cashier. Rural carriers appointed: Nebraska, Farwell, route 2, J. J. Hofseth, carrier; A. W. Lang, substitute. South Dakota, Herreld, route 1, Karl J. Baessler, carrier; Andrew Lang, substitute. FAIRBANKS HONORED BY JAPS Former Vle President Elaborately Entertained By Dignitaries Enroote to Kobe. TOKIO, June 18. Former Vice President Charles W. Fairbanks was elaborately en tertained yesterday by the governor of Kyto while an route to Kobe. The dis tinguished traveler received rhe addresses of the mayor of Osaka and at Kobe he was driven to his hotel In the governor's carriage after being - welcomed by the mayor and councillors. At Krbe Mr. Fair banks spoke before the assembled school teachers and the Chrlsttan girls' school. On the eve cf his departure for Korea, for which country he sails tomorrow, the former vice president returned profound thanks to the Japanese peeple for the cour tesy and hospitality he has received everywhere throughout his tour of the is lands. Ten Thousand Will Strike at PITTSBURG, Pa., June 1 More than 10,000 skilled workmen, members of the Amalgamated Association of Iron, Steel and Tin Workers, who are employed by the American Sheet and Tin Plat com pany, will quit work on the night of June 30, at which time the "open shop" order ot the company becomes effective. Many unskilled workmen will also be affected. The decision to take this action followed a special convention here. The following announcement was made by President J. P. McArdle of the Amalgamated association: "The convention of the representatives BANKER RELASED ON BAIL Charles W. Morse Given His Liberty Pending an Appeal. HIS BOND PLACED AT $125,000 Twenty New York Bankers and Bnsl nesa Men Believe II I m Innoeent Qualify On Bond Foar Mentha Freedom At Least. NEW YORK, June 16. Charles W. Morse, convicted banker, was released on ball to day pending the taking of his appeal In the United States circuit court of appeals next October. For nearly four months Morse will be free. At the end of that' time the court of appeals will either order a new trial or afiUm the sentence of fifteen years' Imprisonment Imposed upon the former Ice king In November of last year. The bail bond for $125,000 was signed lute this afternoon by twenty wealthy friends of Morse, who volunteered for this service several months ago, and Morse quit the custody of the United States marahal shortly before 6 o'clock. Morse's release came largely through the activity of twenty-five of his frlenda, who petitioned the court In May, saying that they believed In his Innocence, and were ready to become responsible upon a ball bond for an indefinite sum. The signer included Frank A. Munsey, Augustus Vah Wyck, John D. Crlmmtns, Oaklelgh Thorne and other prominent New York bankers and bt'slness men. Morse was cornricted of having misappro priated the funds of his former chief bank, the National Rank ot North America, In financial operations which led to Ma being thrown into bankruptcy early in 190S. He was sentenced to fifteen years in the fed eral prison tn Atlanta, Ga. Since his con viction he has been in the Tombs. At tempts to hate him admitted to ball have extended over a period of seven months. Clark on Stand in Smuggling Case Witness Tells of Conversations With Dinin? Car Cooks and Pay ment of Money. CHICAGO, June IS. W. H. Clark, one of the alleged conspirators In the plot to smuggle Chinamen into the United States from Mexico, who had already pleaded guilty to the charge, testifying for the gov ernment thlj afternoon, told of conversa tions he had with dining car cooks on the Atchison, Topeka & Santa Fe railroad and of hattig paid them money supplied by Ju.hu l!etli,' anotlie f .he conspirators, who has already pleaded guilty. STEAMER TEUTONIC AGROUND Position an Kesy Owe and Vessel Was Floated mt the Next lllirh Tide. NEW YORK, June 16. The White Star steamer Teutonlo, which left Its pier today for European porta, ran aground In '.he Ambrose channel opposite Sandy Hook. The Teutonlo was floated by the rising tide this afternoon and proceeded on its voyage apparently uninjured. Steel Workers End of Month ot the sheet and tin mills lodges, held for the purpose of taking action on the declaration of the American Sheet and Tin plate company to run Its plants nonunion, has decided that the Amalgamated associa tion will resist all efforts to carry out that policy and will refuse to Work after June 30, laoo, unless a satisfactory agreement is reached by that time." In the Pittsburg district a majority of the mills of the American Sheet and Tin Plate company, a subsidiary of the United States Steel corporation, are nonunion. The combined plants tn which a strike order will be effective total 12 mills In the tin trad and 61 mills In the sheet steel trade. Thinks Federal Government Should Have Income Tax Authority. BUT IT HASN'T GOT IT NOW Executive Reported to Be Confident of Downward Revision. FIRST STRICTLY PABTY VOTE On Motion to Instruct Finance torn mlttee, Democrats All Vote In Affirmative and ttepnbllcana In Negative. .A 1 WASHINGTON, June 1 Recommending legislation leading to the placing of a t per cent tax on the net Income ot corpora tions and also the adoption of an amend ment to the constitution providing for the Imposition of an income tax without nn apportionment umong the several stat. President Taft today sent to congress a message embodying his views on the sub ject. This action followed a protracted special meeting of the cabinet. President Taft, Is was announced latei In the day, Is highly gratified over the out look. It Is said that he regards the prospects for "tariff revision dowuward" as bring brighter than ever. In his message the president speaks of the apparent inability of congress to agree to an Inheritance tax, and aa regards an Income tax he refers to the decision of lh supreme court in the case of Pollock against the Farmers' Loan and Trust com pany, in which the court held the tax to be unconstitutional unless apportioned accord ing to population. "It Is," says the presi dent, "undoubtedly a power which the gov ernment ought to have. It might be indls- penslble to the nation's life In great crises." The amendment, therefore, he declares, was tho only proper course. Suoh an amendment to the constitution, he contends, was preferable to the one proposed of re viving a law Judicially declared to be un constitutional. Illy Revenue from Tax. The amendment which he says should b made to the tariff bill, provides for th imposition on all corporations and Joint stock companies for profit, except national bank (otherwise taxed), savings banks and building and loan associations of an cxcls tax of 2 per rent on the net income of . said corporations. This, it I estimated by him, will bring an annual revenue of 125, 000,000. "This Is a tax on privilege and not on property," he says, "and is within tin federal power without apportionment ac cording to population." The president point out that anothet merit to'tlie tax ou corporations is the fed eral supervision which will give to- th government, the stockholders and the pub lic knowledge of the real business trans actions and the gains and profits of every corporation in the country. The adoption of the amendment, he says, will make a long step "toward that supervisory control ot corporations which may prevent a fur ther abuse of power." Hccrntlon of Message. When the message reached the senate Mr. Hoot, who was in the chair, made the customary reference ot the document to the committee on finance and Mr. Heyburn Secured the floor and began a speech on another subject. Senator Gore broke In and attempted to have the committee Instructed to report on the Income tax feature of the move ment by next Friday when, under general agreement, the Income tax question Is again to be taken up for consideration. His motion was, however. Voted down and for the first time In many weeks the division was strictly along party lines, all tha re publicans voting to lay on the table, whllo all the democrats cast their votes against that proposition. Senator Bailey gave notice that he would demand that provision be made for i graduation of any Income tax that might be provided for and intimated that much time would be necessary to get through a provision, which did Dot carry that quali fication. Teat of the Message. The text of the president's message Is as follows: "To the Senate and House of Represen tatives: It is the constitutional duty of the president from time to time to recom mend to the consideration of congress such measures as he shall Judge necessary and expedient, in my inaugural address, im mediately preceding this present extraor dinary session ot congress, I Invited at tention to the necessity for a revision of the tariff at this session and stated the principles upon which I thought U re vision should be effected. I referred to th then rapidly Increasing deficit and pointed out the obligation on th part of th tram era ot the tariff bill to arrang th duty so as to secure an adequate lncom and suggested that if it was not posslbl to do so by import duties, new kinds of taxation must be adopted, and among them I recoia mended a graduated Inheritance tax aa cot reel In principle and as certain and eaaf of collection. The house of representatives lias adopted the suggestion and has pro vided In the bill It has passed for th col lection ot such a tax. "In the senate tho action of it finance committee and the course of th debut Indicate that It may not agree to this pro vision, and it Is now proposed to make up the deficit by the Imposition of a general Income tax In form and substance of al most exactly the same character as that which in the case of Pollack against Farmers' Loan and Trust company (157 U. S. iZ was held by the aupreine court to oe a direct tax, and therefore not within th power of the federal government to impose unless apportioned among the several states according to population. This new proposal, which I did not discuss In my in augural address or in my message to the opening of the present session makes'it ap propriate for me to submit to the congruj certain additional recommendations. Favors Income Tax Amendment. "The decision of the supreme court In the Income tax cases deprives the national government of a power, which, by reason of previous deciblons of tlie court, It was generally supposed the government has. It la undoubtedly a power th national government ought to have. It Ls lndlpen-