The Manning times. (Manning, Clarendon County, S.C.) 1884-current, April 17, 1895, Image 1
X.MANNING, S. C. WEDNESDAY., ARPIL 17, 1895. 38
INCOME TAX ')ECISION.
CHIEF:.JUSTICE FULLER DELIVERS
TrfE OPINION OF THE COURT.
The Court Decides that . ';ation on In
comes from State or Municipal Bonds or
from Real Estate is Unconstitutional
Bow te Court Stands.
WiAqiNGT0d, April 10.-The an
nour.ement of the decision of the Su
preme Court of the United .States in
the inconie. tax cases. Mndai was
made in the presence of a crowded
court room. the spectatoreJobby being
throiged to its itmost capacity. Pub
lic interest in- the case has drawn an
attendance everv decision day since
the argumentc took place that has tax
ed the po*er. and ingenuity of the
officia-ls to cais for. Among those
within tberail today were Attorney
Genekid ~~y, Assistant Attorney
Generat Whitnev- and Mr. W. D.
Guthrie, .of,New'York, who took part
in the .argunent: Mr. J. M. Wilson,
of W himgton, ofcounsel, for J. G.
Moore,'whb sdught in an injunction
to restralii Internal Revenue Commis
sioner Miller from proceeding to carry
out the law; Senator David B.- Hill, of
New York': wtro so persistenily fought
the inrtion of the tax provision in
the tariff law; Ex-Secretary of the
Treasury -Botitwell: R. B. Bowler,
comptroller of the treasury; Senators
Mitchell and -.Hunton. 2x-Attorney
General Garland, the Hon. Geo. (.
Gorman and a great number of attor
neys more or less interested in the ac
tion of the Court.
Themenbers. of thle Court, except
Mr. Associate Justice Jackson, entered
the chamber promptly at noon. A
few cases of minor. importance were
disposed of, and the Chief Justice an
nounced that at the conclusion of the
sitting on Thursdar "the Court would
adjouri over Gooa Friday, and ser
eral orders of the (ourt, altei- which
the great.case of the day was read by
him. -He sLid- amidst an almost pain
ful stillness: "I am charged with the
duty of announcing the opinion and
judgiient of the Court in the case of
Charles Pollock vs. the Fariers' Loan
and Trust Company et al." The con
clusion of the Court were stated to be
as follows:
1. That by the Constitution Federal
taxation is divided into two great
classes-direct. taxes and duties, im
posts and excise.
2. That the imposition of direct tax
es is governed 3y tie rule of appor
tionment amoig the several States ac
cordinc to numbers and the imposi
tion oA duties, imjpsosts and excises by
the rule f'unif6rnty throughout the
United States.
3. That the principle that taxation
and representation go together was
intended to be and was prescribed in
the Constitution by the establishnent
of the rule of. tbe apportionment
among thieseveil States, so that such
apportibint should be accorling to
numbrs in-each' State.
4. That the States surrendered their
power-to levy imposts and to regulate
commerce to the General Government
ad gave it the concurrent power to
levy direct taxes in reliance -on the
protection'afforded by the rule's pre
scribed,-nd that "the compromises of
the Constitution. cannot be disturbed
by leoislative actioi.- -
5. That these conclusions result
from &e text of the Constitution and
are supported by the historical evi
dence furnished ~oy p.ie circumstances
surrounding the framing and adoption
of that instrument and the views of
those who framed and adopted it.
6. That the undeeading and ex
pectation at the time of the adoption
of the Constitution was that direct
taxes would not be levied by the Gen
eral Government. except under the
pressure of extraordinary exigency,
and such has been the practice down
to August 15, 1894. If the power to do
so is to be exercised as an ordinary
and usual means of supply that fact
furnishes an additional reason for cir
cumspeption in disposing of the pres
ent cases. -. .
7. That-taxes on real estate belong
to the class of direct taxes, and that
the taxes- on rent or income of real
estate, whidh is the incident of its
ownership, belong to the same class.
8. That by no previous decision of
this Court has this question -been ad
judicated to'the contrary of the con
clusions now announced. That so
much of the Act of August 15, 1894,
as attemnp.1s trimpose a tax upon the
rent or mncomi of real estate without
apprtionnrient is inveld.
-Te Court is further of the opinion
that the Act of August 15, 1894, is in
valid, 'so far'as it attempts to levy a
tax upon the income derived from
mumipaibonds. As a municipal cor
' is the representative of the
~aeand one of the instrumentalities
of the State Government, the property
urd'eveeof municipal corporations
are not the subjects of Federal taxa
tion, nor is the income derived from
the State, cotnty and municipal secu
rities, since-taxation on the interest
therefrdpeutes on the.power to
borro* before it is exercised, and has
a sensible influence cn the contract.
and, therefore, such a tax is a tax on
the power of the States and their in
strumentalitiesZo borrow money, and
consequenty.repugnant to the. Con-i
stitutio-n.
Upon each of the other questions ar
gued at the'Bar, to wit:.
1. W.4ethier the-- void provisions as
to rents-ands income-.from - real estate
invalidates the whbuie Act?.
2. Whether as to the inc'ome from
personal property as such the Act is
unconstitutional as laying direct
taxes? .
3. Whether any part dith tax, if
not considered as a direct tax, is in
validfor wg 4.f unifor-mity ona-either
of the grounds suggested f .
The Jutices who heardtlie~argement
are equally divided, and therefore. no
opinion is exoressed. The result is
that the.decree. of the Circuit:&odit is
reversed and the cause rerntauJldwit~h
directions to enter a decrfein favor of
complainant ip respect --7Qfrmot'the
voluntary pavment ? on the
rents and income &t~ 'sne~ti and
that which it holdas..i l d on
the income from the municipal bonds
owned or so held by it.
The Chief Justice said that the juIris
diction of Courts-.of equity:td~prev-ent
diversion of funlds by breach of trust
or illegal payment of ..the ftands had
been frequently affirmed by the Court.
The question- was not raised in the
Court below, but haal been explicitly
waived on the argunient of the case
and the Court felt justified in proceed
ing to a decision of the case on its
merits. He said that the power to de
cide a lgw-unconistituitionial was used
with reluctance, but the responsibility
coil not be evaded when the neces
sitv arose. The contentions respecting
this law were:
1. That a tax on rents was a tax on
real estate. and that not being laid ac
cording to a)portionnient, it was in
valid.
2. That it was not uniform and a
violation of the constitutional require
inent that such taxes shall be laid with
uniformity. Under this head came the
exceptions in favor of those persons
who were not in possession of an in
come of $4.000: of mutual insurance
companies. savings banks. and part
nerships, all organized for and doing
the same business as that of corpora
tions authoiized by the States. These
.eceptions, it was held, were arbitra
ry and capricious, and not based upon
sound public policy.
3. That incomes from investments
in State and municipal bonds could
not be taxed.
The Chief Justice proceeded to a
consideration of the constitutional re
quirements with respect of the imposi
tionof the two forms of taxation, di
rect and indirect. and said that the
framers of the Constitution intended
to make the consent of those who
were expected to pay essential to the
validity of any tax. They had just
come out of a conflict upon the great
principle of taxation with representa
tion and they were intended to go to
gether-that Congress should so im
pose a a that it would fall with even
force and effect upon all of the con
stituents of those who voted for it.
The States represented in the Con
stitutional Convention. said the Chief
Justicsurrendered their right to levy
imposts, excises and duties to the
General Government. They looked
forward to the time when great States
to the west of them would be coming
into the Union, and when they gave
up that right they did so with confi
dence that the rule of uniformity
would be observed in the laying of
taxes by the Congress.
The first question to be considered.
said Chief Justice Fuller, was whether
or not a tax -on rents is a direct tax
within the meaning of the Constitu
tion. It had alway.; been held. lie
said, that a tax on estate. real or per
sonal. was a direct tax. but it might
be that the Constitution had a diifer
ent meaning. and that it was to be ap
plied to this case. In that view it be
came necessary to inquire what were
direct taxes at the time the Constitu
tion was adodted.
The Chief Justice then made exten
sive quotations from-the history of ie
debates in the Congress on the subject
of taxation. The inference from them
he said, was that the general distine
tion between direct and indirect taxa
tion was. well understood by the mem
bers of the Convention, and that the
expectation was that a direct tax would
be the last resort of Congress.
The celebrated case of Hvtou vs the
United States, decided March 3, 1796,
was then referred to at great length,
the one in which it was held that a
tax on icarriages was not a direct tax.
The several opinions filed by the Jus
tices were quoted, and Mr. Chief Jus
tice Fuller asserted that in none of
them was there any expression of opin
ion as to whether or not anything ex
cept land and capitalization taxes was
a direct tax, but they were confined to
the case at hand. The case, he said,
seemed to turn upon the declaration
of Hanifton as to what constituted di
rect taxes; if there had been a refer
ence to the decisins of the country
from which the Untied States derived
its jurisprudence it would have been
fatal, forin Great Britain income taxes
had always-been treated as direct taxes.
The opinion then proceeded to re
view the decisions made by the Su
preme Court in cases arising under
the law of 1861, 'which, the Chief Jus
tice vaid,counsel had contended declar
ed that an income tax was not a direct
tax and must be regarded as controll
ing in the case under review. The
principle of stare decisis,he continued,
applied only to such cases as are di
rectly in point. .No Court had ever
held itself bouaid by any part' of a de
ision not necessary to decide the case
before it. The duty of any Court
harged, with the construction of con
stitutional provisions was not to ex
tend a decisio~n on a question. if an er
ror of principle was likely thereby to
be perpetuated or committed. In the
light of these observations the opinion
cnsidered the decisions down to that
in the Springer case and concluded
that they were all distinguishable
from the one in hand.
The Springer case was no exception
to the rule, inasmuch as it did not
present the point raised in this case, is
a tax'on rentsataxon realestate? The
Court, the opinion continued, was un
able to see anyv distinction between a
tax on real estate and a tax on the
rents arising from such real estate.
What is land but the income thereof ?
was asked. The constitutional require
ment was that direct taxes should be
laid only - by -apportionment
among the States according to
population, and this tax was
a direct tax. There was no distinc
tion between an annual tax on the
valueof the larid and a tax on the land
itself. Constitutional provisions, it
was said, could not be thus evaded;
it was the substance, and not the form
or shadow, that was to prevail in con
struing them. Upon this point there
were many decisions, and some of
them were quoted.
What the Constitution intended to
prevent, said the Chief Justice, was
that no tax should be laid on the resi
dents of any State by- the representa
tives of othei- States.: - The exercise of
the power to tlevy direct taxes was to
be restricted to extraor.1:nary occasions
In conclusion, therefore, upon this
point the.--Chief Justice announced
that the Court, were of the opinion
tht that par-t 'of the law imposinf
taxes upcdy renuts obtained from rea
estate wa.sinvalid.
Next in.9rder the opinion consider
ed the third objection to the law;
That it imposed a tax upon the incomes
derived from' investments in State and
unici pal bonds, and was therefore
ivailed. -
-' Chief Ju~stice Fuller reasserted the
geher-al prnciple that a tax on Govern
ment bonds was, held to be a tax on
cotrac-ts mid prejudicial to the public
intrest. It 'was. ther-efor-e. obvious
it'a such a tax on the tiower of States
or municipalies to make conGa-cts was
piejucial tO public policy and. ther-e
fore. unconstitutional.
On the other matters involed in the
ase of Hyde vs the Continental
Trutt Company, of New
York city, and in the case of.John G.
M1oore vsJoseph 8. MIiller, commiss
ioner of Internal Revenue, for an
injuction to restrain him
from proceeding to carry out the law,.
appealed from the Courts of the Dis
trict of Columbia, Chief Justice Fuller
stated that the Court was equally divid
ICONTINUED ON PAGE FoUR.I
TO WIN FREEDOM FOR CUBA.
Three Thousand Enthusiasts Meet at Tami
pa. Fla.
TAMPA, FLA., April 10.-Lyceo
Cubano was the scene of one of the
most enthusiastic meetings to-night
ever held here. The occasion, is the
celebration of the twenty-six anniver
sary of the Constitution of
the Cuban Republic. There
were three thousand people present,
incluling several hundred ladies, who
joined most heartily in the demonstra
tion. The half was packed with an
eager throng. The streets for nearly
a block were thronged with Cubans
and their friends, and all round the
building the people stood in great
numbers. The hall was gaily deco
rated with bunting and national em
blems. The Cuban and American
flags were gracefully wreathed about
the pictures of Cuban patriots on the
xalls and on the stage.
Among those who had a place on
the platfom were Ramon Rivero, pres
ident of the society: Dr. Valdes Do
minguel Fernando Figuerado, leader
of the party here, Enrique Callejo,
Gualerio Garcia and Jose Herrera.
Rivero. editor of Cuba. was master of
ceremonies. The speeches abounded
with tiery patriotism and the reading
of the proclamation of the Republic in
1S69 by Col Figurado was continually
interrupted by applause. One speaker
declared -Spain would never take
her hands off the throat of Cuba until
her grasp was severed by the blood of
Cuban courage.
Another said: "The coming of
Campos means the re-establishment
of the the regime of the
revolution whose anniversary
this meeting is called to honor.
Then they garreted and shot the pat
riots, out raged their wives and
daughters and burned their homes.
The same fate now hangs over the
I heads of our fair native isie and our
blood kindred there: They will be
subjected to the basest crueities ever
heads of a liberty-loving people, and
they will be called upon to wade
through seas of blood, but over and
beyond it all lies the pearl of great
price, liberty for Cuba. Let them do
their worst, we are prepared for them.
We have made up ou: minds fully to
the great struggle, and we are deter
mined to win the freedom of Cumba and
redeem her from Spanish bondage
at any and every cost. When -arrot
ing and shooting and the outrageing
of our woinen and the burning of our
homes begins we shall pay them in
kind for their hellishness. Mark you,
we shall not begin these blood-curling,
outrages and shall only condescend to
meet these devilish things on an equal
footing when we are forced to so by
their own example."
The speech was greeted with continu
ed applause. Other speeches were
ma e. by Sotero Alfonso, Nester L.
Carbonell, Eduordo Reina, Francisco
Diaz, and a Spaniard, Romaella.
One of the principal features of the
evening was the speech of 31iss Luisa
Sanchez, a charning and intelligent
blonde. The speech was made extem
pore and her every movement was
grace itself, while patriotic eloquence
raised a storm of enthusihsm in and
around the hall.
At the close of the meeting the fol
lowing resolutions were unanimously
adopted.
Resolved, That the Cubans assembl
ed in mass meeting endorse the action
of the councils in selecting Jose Marti
as delegate and Benjamin I. Guera as
treasurer of the party and accord a
vote of thanks to the secretary, 'Gon
zalo de Queseda, for his work through
Florida in representation of the Cuban
delegation.
The resolution was at once wired to
Quesada in New York. Benjamin
G3uerra, the treasurer, is in the city,
but was unable to attend the meeting
on account of illness.
FLORIDA SYMPATHIZES WITH CUBA.
TALLAHASSEE, FLA, April 10.-In
the Senate to-day a resolution by Sen
ator Chipley, extending sympathy
and encouragement to the Cuban re
volutionists, was adopted.
stormy Outlook for Cuba.
JACKsoxV1LLT, Fla., April 9.-A
special to the Times-Union from Tam
p a, Fla, says a gentleman who left
Havana Saturday says of the situation
in Cuba:
"Things are looking rocky even in
Havana. Business is depressed and in
spite of the Government and Ameri
cans who have large holdings there,
the situation is serious and growimg
worse every day. The insurgents
have a force of more than ten thous
and armed and well equipped men in
the field and can place as many more
in service on short notice. But their
plan is to make a guerilla warfare of
it for the present. Whlen the Govern
ment shows its hand fully then they
will act.
"The coming of Campos means the
beginning of a struggle in earnest.
He brings authority from Madrjid to
grarrote and shoot every rebel captured
in the field and the atrocities of the
last rebellion will be repeated. Dur
ing that struggle men were shot,
thrown into pris'on and the women of
rebels were outraged and their homes
burned. But the rebels are prepared
to meet the enemy at every point:
they are fully organized and equipped
this time. When the outraging of
wives andl daugh ters of rebels and their
homes are burned to the gr-ound the
Spaniards will be r-epaid in kind. These
things star xing the' island in the face
are what makes the~ people tr-emble,
and well they nmay.
Goe. Craz~y.
JAwxs' NvILL:. Fla. A pril 11.-3h-s.
F. WV. 31adera. wife of the Saa i Iran
cisco agent of thxeChiic-ago, Buarlington
and Quincy Railroad. went crax'y in
the union station today and. seremaed
that her son, daughter and pet dood
with her were being pursue. by the
Spaniards. would mu~rder themi all.
She became so violent tat the pohet
took charge of her. Chiet PhIillips enx
deavored to get her into ~the hiospial.
but she was unwilling. She~ made the
chief sit in the road while she praye'd.
and she anointed him with water fo
a creek near by, and lemon juice, say
inr at these were proot agaiunst his
er nmH*s Relatives are on tuxe way
fromt Chicago to take c-harge of her.
Sles. 31adera formierly lived im Chica
go with her husband, wher~e he is well
known.
Heo Loved The Horse.
LEXINGTON Ky..- April 11--doe
Dennison. a w.hite man. :2 years old,
who has been caring fox- Byron Ic
Cleland's thiorough bed muares a:nd
colts for several years, became insan~e
today on account of the accident to)
the Longfellow Sallie 3IcClelland colt
last Monda;, whereby it had to be de
PRICES RE-ARRANGER)
WHAT THE STATE IS SELLING IN ITS
LIQUOR SHOPS.
A New Price List Prepared-.S.me Fig
ures Showing the Profits That Should
Accure to the State--Interesting
Study.
COLUMBIA, April 11.-The new State
liquor commissioner, Col. Mixson, has
rearranged the price list of. liquors
and wines furnished by the dispensa
ries, and has just issued a- sheet gving
all the "prices current for the year
1895." There have been somei notable
reductions in some instances. The
price sheet gives the price by gallon,
quart. pint and half-pint peekages to
th: sub-dispensers and then the p5rices
to consumers. The list is printed on
heavy cardboard and is to be displayed
in each dispensary. -Whiskey~ cock
tails" appear on the sheet, but the
prices are left blank to be filled in.
Commissioner Mixson says these goods
will arrive today and the blanks will
be filled. The list shows exactly what
the dispensary carries in stock and
what prices prevail.
The whiskies are oriced thus, the
first figure given being the gallon
package, the second for the quart. the
third for the pint and the fourth for
the half pint:
80 per cent. Rye, Corn and Bourbon
-To dispensers $2, 50c., 25c.. 12 1-2c.;
to consumers $2.25, 60c.. 30c.. 13.
X Rye, Bourbon. Corn. Rum and
Gin-To dispensers w2.15, 3c., 30e.,
15.: to consumers $2.50, 75c.. 40.. 20c.
XX Rye, Bourbon, Corn, Rum and
Gin-To dispensers $2.55. 70e., 35c.,
17 1 2c. ; to consumers .3, "Wc., 45c.,
2 5c.
XXX Rye or Old Velvet-To dispen
sers s3,35, 90c., 45c.. 22 1-2e.: to con
suniers .4, -1.2, 60e., 30.
XXXX Rye and Scotch--To dispwn
sers $7.85. 82, $1. 50c.: to consuners
>10, 82.5. 1.23, 65c.
Dillinger Rye-To dispeusers $3.
75c., 40c., 20c.: to consumers -1. -1,
59c., 25..
Thom pson Old Rve-To dispr-nsers
5.60, .1.40, 70c., 35c.: to consumers
$6.80, $1.70, S5c., 45c.
Mt. Vernon Rye -To dispensers $-,
$1.25. 70c., 40c.: to consuznxers ,-,
$1.50, 90c., -c.
Old Cabinet Rye-To dispensers $-.
$1.08 1-2, -c., -c.; to consumers ,-,
$1.25. -c., -c.
Pepper Rye- To dispensers -, ,108
1-3; -c., -c.: to consumers $-, $1.25.
_-c., -c.
The prices of beer are as follows, be
ing sold only in pint packages:
To disgvea sers-Patent stop beer,
7 1-2c., export beer 10c., ale 22c.. por
ter 21c.
- To consumers-Patent stop IOc., ex
port 12 t-2c. (quarts 2,c.), ale 25c.,
porter 25c.
The dispensary carries t wo grades of
Madeira wine, the first hoin g sold to
dispensers at $1.60 a gallot, 40c. a
quart and 2oc. a pint, and to consun
ers at $1.8U a gallon, 45e. a quart and
25c. a pint. The second goes to dis
pers at $1.80 a gallon, 45c. a quart and
22 1-2c. a pint, while the consumer
gets it at $2 a gallon, 50c. a quart and
25 centsa pint. Two grades of sherry
are sold at the same prices.
The middle grade of port wine is sold
at the same prices as the first grade
of 3Madeira. The cheapest grade of
port goes to the dispenser at $1.50 'a
gallon and to the consumer at $1.75.
The best grade costs the dispenser $2 a
gallon, 50c. a quart and 25c. a pint,
while the consumer pays $2.20 a al
lon, 55c. a quart and-30c. a pint.
Two grades of Tokay, two of Ange
lica, two of Muscat and two of Cataw
ha go at the same prices as the MIadei
ra.
Blackberry and scuppernong wiue
go at the same price as the chleaper
grade of Madeira.
Grape winegoes at the same price as
the cheapest grade of port.
Claret is sold in only one grade to
the dispenser at $1 a gallon, 25c. a
quart and 12 1-2c. a pint, and to the
consumer at $1.20 a gallon, 30c. a
quart and 15c. a pint.
Zinfandel and Hock, one grade only,
goes to the dispenser at $1.12 a gallon
and 14c. a pint, and to the consumer
at $1.44 a gallon and 20c. a pint.
Riesling wine, one grade only, ecsts
the dispensers a little more than Zin
fandel, but goes to the consumers at
the saine prices.
Alcohol is sold to dispensers at 23 a
gallon and S0c. a quart, and to con
sumers at $3.50 a gallon and 90c. a
quart. Druggists wishing live gallons
or more can procure it at the State dis
pensary at reduced rates.
Iut addition to what has been named
the dispensaries are stocked with two
grades of California brandies at 50c.
and 60c. a pint respectively, one grade
each of peach at 50c. a pint, apple at
S0c. a pint and grape at 50c. Jamaica
rum and imported XXXX gin go at
50c. a pint. the profit being 10c. The
lowest grade of Cognac brandy goes at
$1 a pint, the profit being 20c.: and
the better at $1.50 a p)in t, the profit be
ing 25c.
Brandied peaches and cherries and
Hlostetter's and Baker's bitters com
plete the stock.
The figures given above will give a
pretty clear idea of thec prolits acru
ing~ to the State and; cou-uity fromt the
olicial liquor busiess in its prese at
stage of peirfecion. th~e cliiaim being~
miade that th'e system is now' in perfect
and successf ul-operation.-State.
1~won Win Not Cremate.
P~HLDELPHIA, Apil 101.-Crema
tlin seri'ces hiae been1 O]niil de
elared by 3Iasonic authiority,.not to be.'
Christian buial.i The q*uesio hat
has brought about thi deiinrs
over the wakingo a.rangnnents for
the funeral of the late Charles 11
Reisser, the wel knouwn r'esraurateur.
It had always beenx i Reise :s winX
to be cremated, and after his death i
famil decide~d to luw is~ wishes.
t~r Rneisser wa als a 31'o)d was..)1
tal C hai: Kad("h Conn~'a md) .
These orgaci sw nidt
take part in' the funer~a .e befor
acecepIitug it wa-slrnd:ti w t
intention to hav th riesa h
tim the body w\as er~l. Th
quesuo was t once ca: va wether,
uinder 31a~sL!.xe law.. . 1.2aa a
Christian burial. Thx. Iadr.::sre
ferired to the (radi( \thstair of Penn i
svlvania. who is .Judge~ Arnohi. anid
he paromp tly rendered .d*iio thax~t
rvies at a crem'anena were 20
Christian burial under MIasonie~ law.
The famxily, therefore. decided't to ;Oab
don th~eir originalll tention. Thea
funeral took pluce today and the 3Ma
soins attended in a body and perform
ed MIasonic rites. Tihe'body was then
COLOR LINE IN THE NORTH.
3is Susan It. Anthony Cites a Pertinent
Example.
ROCUESTER, N. Y., April 10.-There
was an exciting finale to the lecture
of Miss Ida B. Wells, last evening at
the First Baptist Church. in which a
theological student from Texas and
Miss Susan B. Anthony participated.
Miss Wells said that negro lynching
had increased in the South in a
marked1 degree; that between 1882 and
1892 1,000 colored people were lynched
on slight pretexts, and in many cases
when t.hey were known, to be inno
cent. She gave a number of illustra
tions bearing upon her conclusion.
when the theological student, who said
-h-e hailed from Texas, arose and said:
"Do you assume that all the negroes
that have been lynched in the South
since the War have been innocent?"
"I never said that." replied Miss
Wells. "I simply claim that they
were innocent in the eye of the law.
No man is guilty until found so by a
trial.
Miss Wells then resumed her lect
ure. She said - it was considered a
crime for negroes to intermarry with
the whites, that this was manifestly
unjust to the colored women of the
South. . .She insisted that if it was
illegal for the white men to marry
colored women, it should also be ille
.gal for them to form alliances with
them. A white man might live with
a colored woman with impunity, but
if he should marry her it would be a
crime.
Here the Texan, in evident excite
ment, arose and said:
-Do the neiroes want to marry
white folks? If the negroes are so
badly treated m the South, why do
they not coine, North. or go West, or
'to some more congenial place?"
"They are not able to emigrate,"
responded Miss Wells, "because they
are al ways in debt to their landlords,
being paid in checks for provisions
only -good at plantation stores. I
woId remain in the South myself had
1 n (t been forbidden to come back on
toe ity of losing my life."
Miss Anthony could restrain herself
no long:er. She jumped to her feet,
and with fire in her eye, said:
"The colored people receive no bet
-:eatment in the North than they
dlo ?ere. I will relatean incident that
cc':rred in our city last week. A
dance was to be given in No. 3 school
for the benefit of the children of the
seventh grade, and tickets were issued
to children. for ten cents. Now, it
happened that-there was a colored girl
in that grade who wanted to get in as
well as the white children, and her
mother gave her money; But when
she went..to her teacher, Miss Stuart,
she was told that if she insisted on at
tem'ling none of the white children
would go. and that the affaii would be
'g-n up: so the poor child was turned
a-::y. I consider that the feeling of
that colored girl was the result of the
same spirit that inspire lynchings in
the South.
Miss Anthonv's denunciation of
these distictions amorig the Christian
people of the North as well as the
South. was dramatic, and the theologi
cal student from Texas completely
subsided in the outburst of approval
on the part of the audience that fol
lowed.
Where They Live Longest.
WASHINGTON. April 10.-A renort
showing the percentage of morality in
200 cities-of the United States for the
year of 1894 has just been published
under the auspices of the suirgeon gen
eral of the marine h6spital service.
The following figures shows the num
ber of deaths in each 1,000 of the esti
matedl population in the larger cities
mentioned:.
Augusta, Ga., I8.26; Baltimore,
Md., 19.11; Boston, Mass., 22.98;
Bridg:eport. Conn., 15.44; Brooklyn,
N. Y, 20.93; Brownsville, Tex., 44.33;
Cambridge,. M1ass., 19.28; Charleston,
S. C., 27.29; Chattanooga, Tenn.,
11.45; Chicago, Ill., 14.93; Cincinnati.
U., 18.29: Cleveland, 0., 17.42: Co
lumbus, 0., 13.09; Dedhamn, Mfass.,
17.73: Detriot, Mich., 14.30; Dubuque,
Ia., 10.57: Evansville, 15.45: Grand
Rapids. Mich., 1:3.00 :Hartford, Conn.,
15.95: Jersey City, N. J., 24.19; Knox
ville, Tenn., 16.62: Lowell, Mass.,
19.58: Manchester. N. H., 19.54; Mem
phis, Tenn., 23.06; Milwaukee. Wis.,
15.76: MIinneapolis. 9.24; Newark. N.
.J.. 23.07; New Orleans, 24.88; New
York City. 11.38; Philadelphia, 18.28;
Portland. Me., 20.12; Reading, Pa.,
27.95: Richmond, Va. 20.23; Roches
ter, N. Y.. 14.54; St. Louis, 16.12:
Salt Lake City, 8.10: San Diego, Cal.,
12.50: San Francisco. 18.84; Scranton,
Pa., 17.28: Sionix Falls, S. D. -4.49;
Springfield. Mass.. 15.73 :Syracuse, N.
Y.. 16.94: Toledo, 0., 8.05; Washing
ton. 19.89: Wilmington. Del., 16.58:
Worcester, Mass., 17.20.
In some of the Southein cities the
report shows the . comparative death
rate between white persons and col
oredl. as follows:
Augusta, Ga., white. 11.36: colored,
2S.41: Charleston. S. C.. white. 16.58:
colored. :35.80: -Knoxville. Tenn..
white, 12.(04: colored. 29.63: New Or
leans, white. 21.9.1; colered. 32.14.
Republicans P'lotting;.
M:'Con3IIeK, AB3BEv1LLE CoUNTY.
Anril t'.-W. WV. R~usselL. the well
kuoxn Rlepublican leader, was in
ow vetrdr and in conversation
withthe ewsand Courier corres
dent gtave a bit of political news
tht is interesting. Hie said an etfort
wukl made through the United
ate Courts to prevent the holding
of Cens'itutional Convention. The
Courts will be asked to declare the
'C' mitation law under which the elec
: o deakgates is to be had uncon
': :iont t.jThe paper in the case
S:igfort th-e gr'ounds of action,
41 . RussellI ys have already been
mpared aud~sulbmitted to some'of the
ablest lawyers in the State, who have
prondeed4e stisfactory, and the
ca-se w'il. come up in the courts at an
ear'ly.day.' lsell is confident of the
success of the schieme and intimated
that the Rlepub~licans were not the
only ones at the bottom of it. The
mro'eedI ings will be watched with in
ho7.4 at the Britisher.
". '\, April 9.-Capt. Hopkins. of
j ' .Ditsh Steamier Ethelred, -which
arive herel Pl today, says with r'egardl
to his beiV ov-ernauled by the Span
a lruiser thiat there is nothing to add
to thme story cabled at that time. The
he ed w'as off Cape M~aysi, on the
20. when a Spanish war ship hove in
sia and fired a blank cartridge to
heave the Ethelred to. Capt. Hopkins
stopL'ed his engines w~hien the Spaniard
circle'd CI'ound the Ethelred once. and
thlen steamed away. The first part of
her name looked like --Neuve." Capt.
Hopkins filed his report with the
British cnsn1 atJamaica.
DEATH AND) DISASTER.
TWO BUILDINGS COLLAPSE AND SIX
MEN KILLED.
Buddense lek Buildings Fall to the Ground,
Killing and Injuring Men and Destroy
ing Two Hundred Thousand Dollars
Worth of Property.
WHEELING. W. Va.. April 9.-A
few'minutes past 8 o'clock this morn
ing an accident occurred which threw
the city into the greatest excitement.
The five-story buildinr. Nos 1.22o and
1.222 Main street. occupied by T. T.
Hutehison & Co.. wholesale hardware
and saddlery dealers, and W. H. Chap
man & Sons, wholesale painters and
builders' supplies, collapsed with a
deafening report, burynig ten men be
neath the ruins. To add to the horror
of the situation, the debris took fire!
from a ratural gas leak, and a dense
cloud of smoke arising, the efforts of
rescuers were greatly impeded. The
greatest damage to life was among the
employees of Hutchison & Co's, all of
whom were at work.
At 9 o'clock to night the list of dead
and missing was as follows: Father
F. H. Parke, vicar general of West
Virginia Diocese and chaplain of
Mount I)echantel, the Catholic semin
ery here; Benjamin Pritchard, carri
age builder, of Buckhannon, West
Virginia; Robert Wincner, employee
of Hutchison & Co; Euaene Birch.
employee of Hutchison & o; Michael
Horan, employee of Hutchison & Co:
Harry Cowl, Western Union messen
ger boy. The four injured men will
recover.
The Hutchison ba-iiding stood onl the
corner of Allev 9 and Main street; the
Chapman building is adjoining. At
the hour mentioned the employees in
HutchisDn's heard an ominous crack
ing, and. without a moment's warning
giving the unfortunate men time to
make an effort to escape the alley wall
fell down with a terrific crasli. carry
ing with it the entire structures of both
buildings. Only the rear wall re
manied standing. Frank Haller,
Adam Blum and T. T. Hutchisoin were
in the rear office and were saved by!
the aid of two men, who pried or the
bars of a back window and resevd
the nu just before a fall of brik
buried the room.
The men in the Chapman building
fared somewhat better. Chlifton, one of
the workmen; noticed the plastering
and the wall separating them from
Hutchison's crumbling and falling
down. He immediately gave an alarm,
and not a minu+e too soon, for before
the men had reached the doors bricks
and mortar were pelting them in
showers. All got out in time, how
ever.
A general alarm brought the fire de
partment promptly to the scene, and
the work ot rescuing was commenced.
Blinded and suffocated by the dense
smoke the firemen worked like Tro
jans, and in about two hours the first
victim was rescued.. It was M. J. Ford,
who was comparatively uninjured,
while he was lying directly across Ben
jamin Pritchard. Pritchard was cold
in death, and a medical examination
showed that he had been killed by be
in crushed about the chest. No more
"res were found until 6.30 o'clock
this evening, wlen the body of Father
Parke was taken out of the debris so
horribly crushed that the body was
scarcely recognizable.
In the meantime the fire had gained
so that the firemen had to give their
entire attention towards subduing it.
After twelve hours hard work they
ot the flames under control, but it
ill be morning before the blaze will
be~ completely extinguished. Both
buildings, together with -the stocks,
are a to'tal loss. A more complete wip
ing out of what were once handsome
structures could not be imagined.
When the first wall fell it broke off
lear down to the foundation, and not
ne stone was left upon another.
The Chapman building was new and
in fact not yet finished, so the loss will
fall on the contractors. A buildino
across the alley, occupied by S.31
Rice & Co., wholesale millinery deal
ers, was struck by the falling wall and
a big hole knocked in the side. The
buildino next to that was also hadly
spraine$ and fears are entertained for
its safety. Altogether the loss will
amount to over $200,000. The insur
ance cannot yet be ascertained.
Father Parke, who was the oldest
Catholic priest in the State, was walk
ino up the alley when the deplorable
afair occurred. Harry Cowle, the
messenger boy, was also killed in the
alley w~iile returning from a call.
Excitement was at a fever heat, half
the police force being required to keep
back the immense crowd which quick
ly congregated. Street car travel in
Main street, one of the chief business
thoroughfares, has been blocked the
entire day.
A startling rumor was extant this
evening that an explosion was immin
ent, for stored in the Chapman build
ing is a carload of turpentine and oil.
If the flames reach tis nothing can
prevent a nmost horrible addition to
what is already the miost disastrous
accident that, has occurred in this city.
At 7.30 o'clock, however, Chief lHe tley.
:laims to have the blaze cut off from~
the oil.
The cause of the collapse~ was the dec
fetive construction of the~ Hu'tchison
bniiding, which was conde ned two
years ago and the work of remo'1Vmg1 it
neglected.
A Young Fiendl Hanged1
CoLucuits. O1.. April 11.-Cla es
Eart wats hangedl shortly afer m .
ihlt in the State prison foch
:de5 of Elsie and Ashley- GoodIe.1
:rer. seven and nine years old. rege
tiely, in Pauling courty, No\emIr
. 1$24. The children w~ere g-atheri
nuts ini the woods and Hart wh wa
nly eighteen years old, jone thm
According to lhis ownI con flzion -h
killed the boy and thien~ra-hed i the
irl, afterward killin~g herid urned ~t
heir bodies in aL Iog heap. havmgc i' St
ismembered t iem to concealhi
dentity.
-BRIDGEPOR. Co'ln. .A lpLil ll.-Jolln
I. Brunson, a Swede. residing in tis
city. who w~as reported on1 the " Elbx
while returning fromi a visit home.
urned up safe and married. Hei
bought a ticket for the --lbe." but
hanged his mind when lie saw is
way clear to a successful courtship.
Grief for his ide.
ATLANTA, Ga., April 1.- Noah i
Way, a young farmer living liye la ilb5
rom Stone Mountain. eut his at:LL
oday from ear~to ear. Hiedied in a few
minutes. War- was marrwd a faw
ionths ago an'd his wife died sooni af
e the weddiug. I
GIGANTIC FRAUDS.
Whiskey Trust Officials Have Stolen 111
llions--Experts Shocked.
CHICAGO. April 9.-Another chapter
of Whiskey Trust sensations was made
public today in the filing of a bill of
complint in the United States District
Court by Receiver McNulta and the
reorganization committee. The gen
eral allegation is made that up to
April. 1893, the three experts who
have been at work on the books of the
Cat tle Feeding and Distilling Com
panv have found that $3.000,000 can
not be accounted for on the records of
the trust. The bill charges Joseph B.
Greenhut and Samuel 4Voolner, of
Peoria. with the inisapproniation of
29o.000. The other defendaints named
in the bill are Peter J. Hennesey,
Nelson Morris and the Distilling and
Cattle Feeding Cornpany. This is the
first time the receiver and the New
York reorganization committee have
joined hands in the legal proceedings
It is only one of a seriesof bills whic
will be filed against the trust directors
resident in Illinois.
It is charged that at a directors'
meeting held November 4, 1892, it
was agreed to buy the Nebraska distil
lery at Nebraska City, the Central
distillery at St. Louis and the Star
and Crescent distillery at Pekin, Ill.
Samuel Woolner acted as agent for
the trust, receiving $'25,000 for his ser
vices. The price contracted for was
1.685,000. but the amount that ap
pears on the books is $1,954,440. Of
the latter amount the bill alleges
Greenhut received ,225,000 and Wool
ner .65.000 besides his fee as agent
and that these amounts have not been
accounted for in any way.
The first news of the foregoing con
dition of affairs was received by Gen.
McNulta yesterday and he immediate
ly telegraphed the three experts at
Peoria to return to Chicago at once
nir.d bring doe-..ents and books in
support of the charges. The experts
and receiver met Attorney Levy 31ey
er at his oflice and the session lasted
until 6 o'clock this evening. Nathan
Bijur. the New York counsel for the
reorganization committee,and Herrick
Hutton. a director, were also present.
All were .>tornded at the exposure
of the cigantic frauds made by the ex
perts, who presented a rough repbrt of
their examination made up to April
1893. Chief Expert O'Brien said he
had not, in his lifty years of experi
ence, seen anything like such a condi
tion of accounts and he had handled
the Erie and Lakawanna books. The
disclosures were so startling that Mr.
Bij:ar left for New York this afternoon
and Mr. Hutton returned to Cincin
nati. The experts allege that all sorts
of transactions were covered by fraud
ulent entries and a lawyer in the case
went so far as to charge forgery.
The expert's full report up to April
1, 185-3. will be ready by the last of
the week. As to the news that the
American Distributing. Company and
the Whiskey Trust had consolidated,
a man prominent in the latter organi
zation admitted that it was among the
possibilities. but that there was noth
ing definitely done yet.
Two Out of Twenty-Three.
NEW WHATCeoa, Wash., April 9.
Few details except those received with
the first news of the mine disaster are
to be had. The formation of the mine
and the story of the two survivors,
shows that the breast where the ex
plosion occurred was a third.of a mile
from the entrance to the mine. The
latter is a tunnel of about 800 .feet,
dlriven in from the hill side and ter
mmiatmng in a main gangway running
at right angles from which laterals are
iut in, following the vein. As soon
as a safe distance from the gangway is
reached, these laterals broaden in
rooms or chaxnbers in the process of
mining. According to Kearns, the
anly survivor thus far :known, who
was working in one of the chambers,
the explosion occurred in a breast or
working about 1,000 feet from where
the tunnel terminated in the gangway.
As the main vertical air shaft pierced
the gangway close by the intersection
af thetunnel, it could but poorly carry
2ff the poisonous vapor followmng the
ignition of the fire damp. The noise
f the explosion warned the miners in
the chambers to Ilee. but they entered
the gangway only to be overcome by
the deadly gas. The shock was slight
where lhearns was working, as he
:-laims his lamp was not put out, nor
was lie thrown down by the concus
sion. It is a mystery, however, that
hie should have been able to pass
through the gangway to the exit pas
sage. in face of the poisonous vapor;
and he tells a weird story of stumblingr
aver bodies of victims and downfalls
f debris in getting out. Gellum, the
>nly survivor besides Kearns thus far
known, was working near the en
trance to the tunnel. It was about
the hour for the new shaft to go on
lutv and the men were already on the
way from the barracks to the tunnel,
wh'en the explosion was heard. Had
they but entered the gang'way the loss
2f life would have doubtl~ess been in
~reased. T wen te-three men were in
the mine and Kearns andl Gelluim are
the only ones known to be alive.
Unguarded Tre'asu're.
ST. LooIs. Aril 11.-A special to
1ie Chronicle :.. Cripple Creek,
2o., son that at 10:30 o'clock this
niorninp. the overhied Wells-Fargo
reasure~ wagon fromi Grassy Station,
he eri iu-s of the Midland road, was
jcjd n by two masked men and rob
ed. I i' robbers took all the valu
bles, tog'ether with the treasure box,
~ils of :at:n- and way bills. They
en sot and beat the guhrd, Robert
w ih to the ex:.ent that he is unconsci
us and will die. The treasure box is
2at to ha ye contained $15,000. The
-!brs made off' on two of the treasure
xagon horses. City and county au
.Lorities. together with employees of
.i. \Well-Fargo Express Company. are
ceouring the couintry. The robbers
s~il probably be caught bef-ore night.
Spiked Tar Hecls.
ATLAnA. Ga.. April 11.-A special
r'omi Murphy. N. C., to the Constitu
:insy ht in a tight in the lower
o'Chierokee county, two brothers
namecd Cross. were kill and Neal
Newmaa caiiangro1r~ wounded.
.....m.- was in pogres at the Cross
noe N\al an i c Newmnan were
inon, 'c -:'sts .rak Cross, the1
*1 1d h famly ordiered the New-]
'mas ot of the' house. They went
a an* wee ollowed by Jim and
(in Crs brothiers. Jake Cross also
,ent en an atcked Neal Newman.
x b ta >bed Jim Cross fatally. Mac
<mnhot and killed WVill Cross.1
Ceal Newma~i'n was shot in the back,1
ut was able to escape with his brother
A KENTUCKY L{AGEDY.
CASHIER SANFORD KILLED BY SENA
TOR GOEBEL.
The First But Probably Not the Last Vic
tim of a Political rend of Long Standing.
Both Participants Leaders-A Great
Sensation.
CoVINGTON, Ky., April 11.-State
Senator W. P. Goebel shot and killed
Cashier John Sandford of theFarmers
and Traders Bank, this afternoon, in
front of the First National Bank of
this city. Senator Goebel, accompan
ied by Attorney General Hendric of
Kentucky, and Frank Helm, presi
dent of the First National Bank, was
en route to the bank. When they
reached the door there stood Sanford.
He shook hands withHendricks, using
his left hand. Then he asked Goebel
if he wrote an article attacking him.
Goebel answered, "I did." Tmnedi
ately Sanford fired, the ball passing
thrcugh Goebel's trousers. Quick as a
flash Goebel leveled hispistol and fired.
To do so, he had to place the pistol be
neath Helm's chin. The ball crashed
through Sanford's forehead, who fell
in the door of the bank, blood oozing
from his fatal wound. Helm's chin
was badly powder burned. Great
commotion prevailed instantly the
street and bank being well crowdedat
the time. During the confusion, Sen
ator Goebel walked to the station house
and called up his brother, Justus, who
is a member of the firm of Lowry &
Goebel, of Cincinnati, asking him to
come to Covington at once, as he was
in trouble. Senator Goebel then
emerged from the telephone box and
addressing the lieutenant in charge
said: "I wish to surrender myself. I
have shot and killed John Sanford."
Chief Goodson placed Goebel under
arrest, but allowed him to sit in his'
private office. Senator Goebel was
calm at first, but later became visibly
excited. At first he refused to discuss
the affair, but under the excitement he
finally gave his version of it.
"Here is the reason I killed him,
exclaimed the Senator, as he showed
where the ball of Sanford's pistol had
passed through his trousers, tearing
away a portion of cloth. "He was
lying in waiting for me," continued
the Senator. I saw him when I
reached the gas office, about twenty
feet away from the steps of the First
National Bank. I was on my way to
the-Citizens National Bank with my
friend, Hendricks. As soon as I saw
him reach for his revolver, I reached
for mine."
President Helm and General Hen
dricks give very similar versions of
thbe tragedy.
The homicide grows out of a business
and political feud of several years
standing and was not a surprise. Both
were among Kentucky's best men, be
ing leaders in politics, business and so
ciety. Not since the famous Goodloe
Swope affair, at Lexington, in which
both of those distinguished men died,
has so deplorable a tragedy occurred.
IthascreatedaState sensation, while
locally, the greatest excitement pre
vails, as a continuation of the ill-feel
ing that made the murder possible is
certain to result in more bloodshed.
For years, Theodore Hallam and Har
vey Meyers, two of the brightest law
yers in the South, have been the Dem
ocratic leaders of this county. Goebel
appeared on the scene while they were
at the zenith of their career and under
the guise of an anti-ringster, fought
for prestige in the party, He was fe
quently rewarded most generously
and became deservedly poular. Per
sonal ill-feeling natualy resulted and
it was no.. confined to the leaders.
Partisnsm sprung from every quarter.
Sanford was one of these an he es
poused the cause of Hal1am and Mey
ers. Personal encounters and conven
tion fights wvere numerous. It is not
an exaggeration to say that a hundred
prominent citizens have constantly
carried pistols for the past three years
expeting an attack at any moment.
Besdes this bitter feeling, Sanford
and Goebel were rivals in business.
Goebel is a director of the CitizensNa
tional Bank of Covington, and San
ford had for years been a director and
the cashier of the Farmers and Traders
Bank.
The men have been enemies since
the'two factions in politics began, and
there have been some bitter attacks
and counter charges made by both
men and their friends through the
columns of the various Covm~gton
newspapers. Last Saturday an arti
cle appeared in a Covington paper
called the Ledger, in which a bitter at
tack was made upon Sanford. The
headline of the article referred to San
ford in the most depraved language.
The publication aroused Sanford and
hisfriends, who declared that they
would have satisfaction from the au
thor. It was generally said about the
streets of Covington that Senator Goe
bel was at least responsible for the
publication of the article and that
neither he nor his friends took the
trouble to deny the allegation. It
was even charged that Senator Goebel
wrote the artiele.
Goebel is unmarried and Sanford
leaves a widow, a sister of the famous
Tom Marshall, of Kentucky, and sev
en children, one a grown son, from
whom more trouble is feared.
Takeun In.
ATL.ANTA Ga., April 10.-A negro,
who said his name was Mitchell, came
here sixc weeks ago solicitirg funds
from hisr rce. He "tiae that acase
against the "Jim Crow" car law was
pcnding in the United States Supreme
Court. Mitchell said that Robert In
gersoll, Ex-Governor Hoadly and
other heav weig ht lawyers had been
retaine I to represient the colored race
in the fight. It voul d take 810,000 to
pay the lawyers. he said. His people
in~Georgia sub. vibed liberally. Bis
hop Turner gav'e 9100. A iew days
ago it was learned that Mitcheil was a
fraud. When he found that his re
cord was being looked up he skipped.
He got 82.500 from the negroes of
Georgia and married a school teacher,
who ljinds that Mitchell has a wife in
Minneapolis, Minn.
A Carious Find,
ATHEss, Ga., April 11.-Henry
Tanner. a citizen of this county, who
lives at Corner, a few miles from
A.thens, made a queer find a few days
tgo. Tanner went out near his home
o cut down an old tree. The tree was
aollow and when it fell it broke into
nieces. Out the hollow came an old
sword with leather and brass scabbard,
i soldier's ticket, an old pocket book
rlled with Confederate money and a
rew other war relics. It is believed
~hat the articles were placed in the
ree during the war. The sword is
usty in places but had been well pre