Historical Newspapers of South Carolina

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VOIi. XXII, NO. 21 DARLINGTON, S. O., THURSDAY, MAY 23, 1895 WHOLE NUMBER 1,059 THROUGH SOUTH CAROL!!*!. CURRENT NEWS EOR THE WEEK THROUGHOUT THE STATE- A Disastrous Fire at Bennettsville.—A Brutal Murder in York County. Other Interesting News. BitsirnTsvii.i.ic, 8. C., May 21.—The •mouldering ruins of seven of Bennetu- ▼ille's principal places of business, all of them handsome brick structures, ia all that remains of the largest fire in the history of the town. About half past one o’clock yesterday the alarm was given and in less than three hours 250,000 worth of property was in ashea The fire commenced in the second story of Mr. H. W. Carroll's handsome jewelry store at Darlington street, and in a short while the whole block was In a blase. It became evident that the only hope of saving much property in the west end of the town was, if possi ble, to stop the fire at Mr. J. M. Jack- son’s store. This store is divided from the others by an ally about fifteen feet wide. The building was soon covered with men ready to fight the fiery de mon and by their heroic efforts at least $50,000 worth of property was saved. Too much cannot be said in praise of the men who thus bravely fought the flames, especially when it is remem bered that the town has no water works facilities, no fire engine, not even a hand engine. For one hour they worked with an energy that was as tounding and at last succeeded in stop ping the flames. There is no doubt in the minds of the majority that the fire was incendiary. It is the local opinion that Mr. Carroll's store was broken into and robbed. At the rear end of his store is a one-story brick store -«nd from this a person could easily effect an entrance through tbe second story windows. The belief is that the second store was thus en tered and robbed and then the villian set the building on fire. THROAT CUT FROM EAR TO EAR Story of a Most Brutal Murder In South Carolina. Yorkviu,b, 8. C., May 20.—One of the most brutal murders that ever oc curred in this section was committed abont a mile northeast of town some time during Saturday night. The vic tim was a young negro named Robert Feemster. The murderer or murderers are supposed to have enticed him to the spot where he was killed, a point about 100 yards from the public road. What is known as a blacksmith’s hand ham mer and an ordinary barlow knife were the weapons used. The victim’s skull was crushed in several places by blows from the hammer and his throat was cut from ear to ear and to the bone, entirely severing the jugular vein. The body was discovered about 9 o'clock yesterday morning, and since that hour large crowds of people have visited the scene of the murder and considerable excitement prevails among the negroes. No satisfactory clue has j et been found as to who committed the deed or the motive that poompted it The case is now being investigated by a coroner’s GOES ID THE SUPREME COURT. South Carolina's DlNponRary Law Carried to the Higher Hotly. Columbia, 8. C„ May IT.—The dis pensary law ia now on its way to the United States supreme court. A few days ago Constable Beach disobeyed United States Judge Simooton's order of injunction in the ease, he having held that no one could interfere with liqnor shipped into the state—that the law was unconstitutional in so far as it Interfered with interstate commerce. He was arrested and put in jail for con tempt. Attorney General Barber left here yeaterday for Washington to make application before the United States supreme court for a writ of habeas cor pus. The state expects by this method to gat the entire case heard by the United States supreme court in the next twenty days The Cashing on the -Inside Route.** Charleston, a C., May 21.—The tor pedo boat Cushing, arrived here yester day from Washington by the inside route. She made the trip from Wash ington to this port in 42 hours, going outside for 150 miles only. At 1 p. m. •he steamed out of the port on her way to Jacksonville, by the way of Port Royal and Savannah. SOUTH CAROLINA BRIEFS. Major P. E. Wise, for thirty years treasurer of the Evangelical Lutheran synod of South Carolina, was stricken with apoplexy Saturday at Prosperity, Colombia has secured the Epworth Orphanage. The committee in charge of the award had offers from Union, Gray Court, Spartanburg, Rock Hill, Manning and Columbia. A charter has been issued to the Ham burg Spoke and Handle company, of Hamburg. The officers of the com pany ara: President, John May; man ager and treasurer, W. 0. Tatum; sec retary, L. T. Levins; directors, John May, W. O. Tatum, W. J. Murray and Lewis G. Wood. A commission for a charter has been Issued to the Marshall-Wescoat com pany, of Charleston. The company proposes doing a general hardware bus iness in Charleston. The corporators named are; 8. R. Marshall, Benjamin j Greig, Julius W. Sanders and John V. McNamee. Constables Murphy, Carroll and Langston, who did the shooting on tha Howard Gap road last Wednesday night have turned np in Laurens The res- •on assigned for their unnecessary flight ia that they were afraid to come back to town because they were afraid Ot being lynched by the negroes ELKINS'S "SOLID SOUTH" PLAN I tie Senntor-K'. rt Want. • rnath rn r for Tie, •1're.lUi-at, and I refer. Jadgn lioff. New York, May 18.—According to Senntor-eleet Stephen B. Elkins, of West Virginia, who ia now at the Wsl dorf hotel, the republican party will have a great opportunity in the coming presidential campaign to make big in roads into the democracy of the south. Mr. Elkin's idea ia to secure a thor oughly national organization of the re publican party instead of having aa heretofore the North against the South. To secuie this he wonld select a south ern republican as as vice-president's! candidate and thus recognise the gal lant. flgh that republicans in that sec tion are now making. Jndge Goff, of West Virginia, ia hit preference for the place, Mr. Elkin says The silver question, he declares will adjust itself. He is in favor of the gov ernment establishing a parity between gold and silver at a^atio of 10 to 1 or 10 to 1, or whatever it deems proper, and then maintaining that parity- Mr. Elkin does not think a straight gold man will be selected aa the candi date of the repnblican party next cam paign, but that a compromise candidate will be chosen. He did liot, he avers, come to New York to meet ex-Presi dent Harrison, and he does not think that Mr. Harrison is giving the presi dential nomination a single thought, although if he saw clearly that he was wanted the ex-president wonld no doubt listen to the call of his party. VERMONT TOWN LAID IN ASHES. Five Hundred People Mnde Homeleae. Lnei Threv-Qaartor« of a Million. St. Albans, VL, May 21.—The most disastrous fire Which has ever occurred here, or that has ever visited Vermont, yesterday afternoon laid waste a great portion of the business section of this town. The fire started at 3 olock in the lumber yard of W. B. Fonda, and a high south wind caused the fiaines to enter the very heart of the town. In five minutes the fire was raging in a dozen different places, and the fire com panies were powerless The loss is estimated at three-quarters of a million dollars Fully five hundred people are tonight without shelter. Forty busi ness places were destroyed, together with at least one hundred tenements, to say nothing of other places The flames are now under control, but are being steadily watched to pre vent a second outbreak. HEROES EA REU1M. i H IS A STEADY ONWARD MARCH, I la tbs THE CONFEDERATE SURVIVORS MARCH UPON HOUSTON. Tremendous Gathering of Veteran* War Under the Leadership of Their Old Commanders. •f TENNESSEE’S CENTENNIAL Aa Eottnialasftr Moetlng on lh« Project In Nashville. Nashville, May 20. — There was ■ meeting at the chamber of commerce Saturday night of representative busi ness men to decide the fate of tbe cen tennial expositon. It was the most en thusiastic meeting yat held on the sub ject. and it was unanimously determin ed that the exposition must be held. K was stated that the question was not whether the exposition would be held, but whether it would be held at Nash ville or Memphia or Chattanooga. The unanimous decision was to have the exposition in Nashville, even if David son county had to put up all the build ings without any help. SOUND MONEY CONVENTION. The Program at tha Uold Mea'a Caana tion la Memphis Thursday. Memphis, Tenn., May 22.—The com mittee on program and order of busi ness met yesterday and arranged the following program for the sound mon ey convention: Thursday at 2 p. m., call of convention to order by \V. J. Crawford, ebairmar of the committee of fifteen, election of permanent chair man and secretary; appointment of committees, resolutions, one from each wmthern state; speeches by Mr. Car lisle and then adjournment natil 8 p. m.. when the committee on resolutions will report. VIRGINIA PRODUCE DAMAGED. Old llomlnloa Track Farmers Suffered aa Arreaat of raid Rains. Norfolk, Va., May 18.—The track farmers of this section have suffered very seriously on account of cold rains. Reports to the Virginian from all sec tions of the state is to the effect that potatoes, cabbage, peas etc., have been damaged possibly twenty-five per cent and in certain sections the ions will reach forty per cent The fruit crop has also been seriously injured. The loss cannot be estimated. It is impos sible to estimate the loss In dollars and cents. Gov. Taroay Calls tha Extra Session. Nashville, May 18.—Gov. Turney yesterday afternoon issued a formal proclamation for the extra session of the legislature, to convene Monday, May 27. The mattera mentioned in the call for consideration are the appropri ation bill, the revenue bill, the peni tentiary bill, a bill to require voters to register less often, a bill creating levee districts in West Tennessee, and a bill to regulate state banka Tha Strike Will Not Socraod. Bluktielps. W. Va, May M.—It has been definitely settled that operations will be resumed in four of the largest West Virginia mines tomorrow. Mili tia are in readiness, but Governor McCor'* “ will not let them move until strikers actually attack the worka If these operations go along suoceasfnlly tbs strike cannot succeed. New Cotton Mills For Atlanta. Atlanta. May *2.—Application was filed yesterday in the state court for a charter for the Whittier Milla Tbe capital stock ia $250,000 of which »70.- 000 has been paid in. Atlanta and Lowell, Maaa, furnished tha capital. Family Tragedy la Knoivtllo. Knoxville, Tena., May 22.- -Will Russell, a real estate agent of thia city, was shot apd fatally wounded yeater day by his brother-in-law, N. B. Brooks, a grocery merchant. The difficulty •rate over some trivial buatisess matter. Houston. Tex., May 22,-The atreeta of Houston are Ailed with a surging mass of humanity, representing every state in the union, and the trains of every system leading into the city are foil to everflowing with veterans and their friends on their way to the fifth annual reunion of the United Confed erate Veterans This enterprising city has been preparing for this event many months and the arrangements are sat isfactory in the highest degree. The men who wore the grey have been looking forward to the occasion with the ardor which no one experiences in so full a measure as the battle scarred remnants of the army of the confed eracy. Leaders of the Lost Csasa I'rea-nL It seems as if all the broad Hnes of country are converging here and that <he iron wheels were hurrying forward with something of the fervor which in spires the hearts of the heroes they are conveying to the i-euuion. Many of the most prominent surviving leaders of the lost cause are here and today they will again take command under the blended banners of union and se cession, of the grizzled veterans whom they led in many a stormy conflict be tween Sumpter and Appomattox. Not only are the banners blended, for fed eral and confederate mingling in cor dial fraterny are walking arm in arm and exchanging reminiscenes of the various fields on which they fought. Comrades have met for the firat, time in a third of a century and the memo ries of many touching scenes will sig nalize this great reunion. Houston is a dreaming drapery. Yesterday was Honston's day and local pride has intensified southern patriotism. The rain on Monday pre vented the parade which was antici pated with so much interest. The e*t-nt came off yesterday, however, and Main street was lined with a solid mass of humanity to see the soldier boys go bjr. The following companies were in the parade: Corpus Christie Light Guards, Roberts Rifles, Governor's Guards, Doke Rifles, Brenham Light Guards, Houston Light Gnard, Brenham Field Artillery, Battery C Lasker Guard, Mabry Rifles. Lipscomb Rifles, Lamar Guard, Marble Falls Guard, Brown- wood Rifles, Houston Light Artillery, Rutherford Ranges, Milano Rifles, M. B. Lloyd Rifles, Fsataroa of the First Parade. The battery of flying artillery. U. S. A., with its mounted band, was one of the most attractive features of the parade. Major General A. 8. Roberts, commanding the Texas Volunteer Guards, was in command and the com panies received hearty rounds of cheers as they passed along Main street which was lined with veterans and their friends, while tier after tier of ladies, looking from commanding points of view along the route waived greeting as the soldiers passed. General Joseph Wheeler arrived at 8 o’clock yesterday morning. When he reached head quarters on Franklyn avenue the vet erans were awaiting him 8,000 strong and when they caught sight of the famous cavalry soldier they gave a yell which waked tbe echoes Over 7,000 badges have been given out at head quarters. These badges are given to only bona fide veterans duly registered so there can be no mistake that that number of survivors are here while many more have not yet registered. It is estimated that 20,000 visitors were in Houston last night and every subse quent train has swelled the number since then. Four thousand five hun dred Texae veterans will be in camp by tonight TO INVESTIGATE THE MURDER Falton Gordon May T»t ba Held tar tha Asaaaalaailon el Arch Dixon Hrown. Louisville, May 18,-The grand jury has finally decided to investigate the killing of Arch Dixon Brown and Mrs. Gordon by the latter s husband, Fnlton Gordon. Yesterday the jury ordered all the witnesses figured in the case during the examination In the city court to be summoned to appear in the jury room next Friday morning. It was generally believed about the courts yesterday afternoon that there would not be an indictment Thar* to 1»« No i'fcreano fcoutIi'a Industrial ProgreM. Chattanooga, Tenn., May 22.—The Tradesman has received reports from all parts of the southern states of the condition of industrial and business af fairs for the week ending May, 20, There seems to be no decrease in the number of new textile mills organized and in progress of construction. The list for the week includes a cotton mill with $200,000 at Shelby, N. C.; one cap italized at $100,000 at Ulackburg, 8. C.; an $80,000 mill at Washington, Ga.; mills each with $50,000 capital at Tut- kaloosa. Ala., Franklin, N. C., and Clemaon College, 8. C.; a cotton rope manufactory at Salisbury, N. C., and cotton mills at Dadeville, Ala.. New Sterling, N. C., and Edgefield, S. C. The general interest excited among the lumber manufacturers by the advance in )Muce lists has increased production; sales also have been better during the week, and inquiries indicate a good lumber trade at belter prices. The iron market continues active. Coal sales have increased owing to labor troubles in other sections which have not affected the Southern field. WORK OF THE COURT. TEXT OF THE DECISION IN THE IN COME TAX CASE. Chief Justice, Who is Classed as Be- ing Against the Law, in a Long But Interesting Decision. Silver Convention in MUmouH. Washington, May 82. — Chairman Hall, of the democratic organization at Jefferson City, Mo., composed of state senators and representatives, say that a silver convention will be called with or without the consent of the demo cratic state central committee. Many look upon this move as the initial step toward launching a boom for Senator Vest for president. It is asserte.i that he fits the plans and specifications of Speaker Crisp's unnamed westorn can didate for the presidency. Tfea Boycott Extended. Kansas City. Mo., May 18. —The boy cott on the Armour Racking company, declared a month ago by the local re tail butchers association, was yester- daj' extended by the national associa tion to include Chicago, St. Louis and Denver, with the intention of spread ing it all over the United State unless the differences in Kansas City should be adjusted. The local differencesare due to drayage charges and the main tenance of retail stores at the packing houses. Three Years for Attempting Suicide. New York. May 18.—Recorder Goff yesterday sentenced Henry W. Rail, 39 years old. to three years’ imprison ment in states prison for attempting suicide. Rail was found on May 6 last in Central Park with a bullet hole in his head, which he admitted he had inflicted in an attempt to commit sui cide. -* Naw York Raskat Factories Close Dunkirk, N. Y., May 18.—Owing to the ruin of the grape crop, sixteen grape basket factories in Chantauqua county have closed down, throwing twelve hundred men out of employ ment Merchants who have been sl owing credit to grape growers, taking as security the prospective grape crop of '95 are in trouble because of the crop failure. Ex-Stale Venator Hart Acquitted. CaspeR, Wya, May 20.—Last evening the jury selected to try ex-State Sena tor Joel Hurl, murderer of William Milne, hie wife’s paramour, rendered a verdict of not guilty. It wae proved by several witnesses that Milne attempt ed to draw his revolver before Hurl shot Gall Hamilton Slowly sinklor. Washington, May 22.—Miss Mery Abigail Dodge (Gail Hamilton) is still alive, bnt Is steadily growing weaker. Her physician gives tbe family no en couragement to hope for improvement, though she may linger for aome days yet She is unconscious. Harry Hayward's Dae'k Warrant. 8t. Paul, Minn., May 22.—Governor Clough yesterday signed the death warrant for Harry Hayward, convicted of inciting and planning the mnrder of Catherine Ging, in Minneapolis. The governor sets the exeoution for June 81. Will Establish a Bam Coaraa in Laporte. Ind., May 20.—A syndicate of Chicago capitalists is negotiating for the pnrehase of five hundred acres of land in Westchester township, Por ter county, tbe ultimate purpose being I to establish n race course. PltUburff Miner* Called Out. Pittsburg, Pa., May 18.—At yester day’s convention of coal miners of Pittsburg district it was resolved almost unanimously to immediately call out every miner working in the district irrespective of the wages they may be receiving. There are nearly 20,000 miners in the district. About 2,000 of this number are working under scale rates Washington Ladlro Bound for Atlanta. Washington, May 18.—A committee of Washington ladles representing the National domestic science association left this city last night for Atlanta to inaugurate a department in connection with the exposition. The committee consists of Miss Morton, chairman; Mrs. Wilkins, Mrs. Cabell, Miss Hamlin, and Mrs Wilkinson. Tha Knoxville Gan Shoot. Knoxvillr, Tenn., May 22. —The an nual tournament of the Knoxville gun clubs began at their grounds on the Lake Ottosee line yesterday and con tinues through tbe week. The prizes and added money will equal something like $15,000. The shoot will be the lergest ever held In the United States. Georgia Phosphate Kork In Denmark, Savannah, Ga., May 28.—The Brit ish steamship North Eerin, which ar rived here last Saturday, sailed yester day for Kastrup, Denmark, with a cargo of to z702 tons of phosphate rock. The vessel wan loaded and eleared within sixty hours after her arrival in port Tha leterstate Drill ( tooro. Memphis, Tenn., May 20.—But two more days of the great interstate drill and emcampment, which has been in progress in this city since the 11th, re main. All competitions have been com pleted and the decisions of the judges will be rendered tomorrow, when camp will break. The National Flat* Printers Union. Boston, Mass.. May 18. — National Plate Printer’s Union closed Its two days’ annnsi convention in this city yes terday. Routine business was traus- acted and officers elected. It was vot ed that the next convention be held in Washington on the second Monday in May, isue. ntlbusturtaff Expedition Loutm for Cub*. Jacksonville, FIa., May 18.—At Key West Fla., it is said a filibustering ex pedition left for Cuba, while tbe In fanta Isabel was detained in quaran tine at Tampa. The report comes from a reliable source and seems to be well founded ___________ Ctrl* Snrvlne CommlMlonnr Harlow. Wa0IM*«toiv, May *2.—Mr. Harlow, of Missouri, who succeeds Mr. Lyman on the ciril service commission, has no tified the president of his acceptance of tbe appointment He says he will re- oort for duty in this city this week. Washington, May 21.-The United States supreme court yesterday decid ed the income tax to be unconstitution al, the court dividing hs follows: Against the law —Chief Justice Ful ler, .Justices Field, Gray, Brower and Shiras. For the law—Justices dorian, Hrown, Jackson and White. When the justices took their seats, it was observed that the chief justice had so unusually large bundle of manu script in his hauds^ but nothing was thought of this, as a score or more of opinions were expected. Hut imme diately there was a sensation, for ignoring an almost wholly unbroken rule, which reserves the announcement of opinions by the chief justice to the last. Justice Fuller plunged at once in to the income tax cases. He read his opinion in full, occupying about one hours time, and spoke with an earnest ness that manifested the depth of the feeling expressed in the opening n tenees of the opinion. In delivering the opinion on the income tax case Chief Justice Fuller said: Whenever this court is required to pass upon the v&iidity oT an act of congress as tested by the fundamental Jaw enacted by the people, the duty imposed demands in its discharge the utmost deliberation and care, and invokes the deepest Nense of responsibility. And this is especially *o when the question Involves the exercise of a greM governmer power, and bring* into considerat^n as vitally affected by the decision, that complex system of govern ment so sagaciously framed to secure and per petuate an indestructable union, composed of Indestructeble states. We have therefore an anxious desire to omit nothing which might in any degree tend to elucidate the question sub mitted. and aided by further able arguments embodying the fruits of elaborate research, carefully re-examined these cases, with the re sult. that, while our former conclusions remain unchanged, their scope must be enlarged by the acceptance of their logical consequence The very nature of the constitution, as ob served by Chief Justice Marshall, in one of his greatest Judgments, 'require* that only its great outlines should be marked, its Import ant objects designated, and the minor Ingre dients which compote those objects he de duced from the nature of the objects thera- se.lves.’ In considering this question, then, we must never forget that it is a constitution that we are exposing. timaae* of Federal Taxation. As heretofore stated, the constitution di vided federal taxation into two classes, the class of direct taxes, and the class of duties, imposts and excises, and prescribed two rule* which qualified the grant of power to each class. The power to lay direct taxes appor tioned among the several states in proportion to their representation in the popular branch of congress, a representation based on popula tion as ascertained by the census, was plenary and absolute; but to lay direct taxes without apportionment wan, forbidden. The power to lay duties, imposts and excises was subject to the qualification that the imposition must be uniform throughout the United States. Our previous decision was confined to the consideration of the validity of the tax on the Income from real estate, and on the Income from municipal bonds. The question thus limited was whether such taxation was direct or not, In the meaning of the constitution; nnd the court went no farther, as to the tax on the income from real estate, than to hold that it fell within the same class a* the source whence the income was derived, that is. that a tax upon the reality and a tax upon the receipt* therefrom were alike direct;while as to the in come from municipal bonds, that could not be taxed because of want of power to tax the •ource, and no reference was made to the na ture of the tax as being direct or indirect. We are now permitted to broaden the field of inquiry, and to determine to which of the two great classes a tax upon a persutiVs en tire income, whether derived from rents, or products, or otherwise, of real estate, or from bonds, stock*, or other forms of personal prop erty. belongs; and we are unable to conclude that the enforced subtraction from the yield of all the owners' real or personal property, In the manner prescribed, is so dlffierent from a tax upon the property Itself, that It is not a direct, but an indirect tax, in the meaning of the constitution. Meaning of th# Constitution. We know of no reason for holding otherwise than that the words direct taxes on the one hand, and duties. Imports and excises/ on the other, were used in the constitution in their natural and obviou* sense: nor, In ar riving at what those terms embrace, do we perceive any ground for enlarging them be yond. or narrowing them within their natural and obvious Import at the time the constitu tion was framed and ratified, and, passing from the text, we regard the conclusion reach ed as Inevitable, when the circumstances which surrounded the convention and control led Its action and the views of those who framed and those who adopted the constitu tion are considered. We flo not care to retravel ground already traversed but some observations may be added. The chief justice then reviewed the history of the struggles in the con stitutional convention as to the power to be ffranted the government in the matter of laying taxes: the views of early constitutional writers and ex pounders; and the early decisions of the court, and continued: The constitution prohibits any direct tax. unless in proportion to numbers as ascertained by the census: and In the light of the circum stances to wh^ch we have referred. It is not an evasion of that prohibition to bold that a gen eral unapportioned tax imposed upon all prop erty owner* as a body for or in respect of their property Is not direct, In the meaning of the constitution, but confined to the income there from. Whatever the speculative view of political economists or revenue reforms may be. can It be properly held that the constltion. taken in its plain and obvious sense, and with due regard to the clrcamstance attending the formation of the government, authorizes a general unapportioned tax on the products of the farm and the rent* of real estate, altbogh imposed merely because of ownership and with no possible means of escape from pay ment, as belonging to a totally different class from that which includes the property from whence the Income proceeds. There can be but one answer, unless the eon- stltutlonal restriction Is to be treated as utterly Illusory and futile and the object of its framers defeated. We find that It i* Impossible to hold that a fundamental requisition, deemed so important as to be enforced by two provision*, one affirm ative and one negative, can be refined away by forced distinctions between that which gives value to property and tbe property luelf. Income From Capital In Personality, Nor can we perceive any ground why the same reasoning doe* not apply to capital In personalty held for the purpose.of Income or ordinarily yielding inccmc, and to the Income therefrom. All tbe real ©stale of thg^ountry. and all Us invested personal property, are open la the direct operation of the taxing power If an apportionment be made according to tl.$ constitution. The constitution does not sat that no direct tax shall be laid by apportion ment on any other property than land, on tht contrary. It forbids all unapportioned direct taiv 1 *; and we know of no warrant for except ing personal property from the exercise of the power, or any reason why an apportioned di rect tax cannot be laid and assessed, as Mr. tsallatin said in his report when secretary of the treasury in 1812, “upon the same objects of taxation on which the direct taxes levied un der the authority of the state are' laid and assessed.' - The sires* of the argument t* thrown, how- ev« r. on the assertion that an Income tax is not s property tax at all; that It is not a real estate tax. or a crop tax. or a bond tax: that it is an assessment upoa the taxpayer on account of his money-spending power as shown by his revenue for the year preceding the assessment; that rent* received, crops harvested, interest collected, have lost all connection with their origin, and although once not taxable, have be come transmuted in their new form into taxa ble subject matter; In other words, that in come is taxable irrespective of the source from whence it is derived. If It were the fact that there had been no Income law, such a* this, at the time that the constitution was framed and adopted, it would not be of controlling importance. A direct tax cannot be taken out of the constitutional rule because the particular tax did not exi*t at the time the rule was proscribed. A* rhlef Jus tice Marshall said in the Darthmouth college •ase It is not enough to say that this panic ular case was not in the mind of the conven tion whon the article was framed, nor of the American people when It was adopted It is necessary to go further, and to say that, had this particular case been suggegted the lan guage would have been so varied as to exclude It. or it would have been made a special excep tion. The cose being within the words of tht rule, must be within it* operation It .vise inlesa there be sometning In the literal con struction so obviously absurd, or mischievous, or repugnant to the general spirit of the in strument as to justify those who expound the constitution In making it an exception.' Apportionment Upon Has.-* of i en*a*. Being direct and therefore to be laid by ap portionment. is there any real difficulty in do ing so ? Cannot congress, if the necessity exist of raining thirty, forty or any other number of million dollar* for the support of the govern ment in addition to the revenue from duties, imposts and excise*, apportion the quotia of each state upon the basis of the census, and thus advise it of the payment which must be made, snd proceed to usaess that amount on all the real and personal property or the income of all personal property or the income of all persons in state, and collect the same if the state does not in the meantime assume and pay its quotia and collect tho amount accord ing to it* own system and in its own way ? In conveniences might possibly attend the levy of of an Income ux but that it is apportionablv. is hardly denied, although it i* asserted that It would operate so unequally as to be undesir able. We are not here concerned with the question whether an income tax be or be not desirable, nor whether such a tax would enable the gov ernment to diminish taxes on consumption and duties on Imports nnd to enter upon what may be txdieved to be a reform of its fiscal and com- mercl»l ty-Ktem. Queatloim ot that chaiocwr belon* to the controTeralea of political partlea and cannot be settled by judicial decision. In theae caaes our province Is to determine whether thla Income tax on the revenue from property doea or doea not belonif to the clasa of direct taxes. If it does. It la. twin* unappor- tioned, In violation of the constitution, and we must so declare. Differences have often occurred In thia court —differences exist now—but there has never been a time In Ita history when there has been a difference of opinion as to Ita duty to an nounce lu deliberate oonrlualona unaffected by conslderatlona not pertaining to the caae in hand. Flcurea Itepreaentlns Properly Value*. According to the census, the true valuation of real and personal property In the United States in 18S0 was MMBr.Ml.tOT, of which real estate with Improvmenta thereon made up •3n.544.5l4.33S. Of course from the latter must be deducted In applying theae sections, all un productive property and all property whoa* net yield does not exceed 54.000. but even with such deductions It la evident that the Income from realty forma a vital part of the scheme for taxation embodied therein. If that be atrlcken^out. and also the Income from all In vested personal property, bonds, stocks. In vestments of all klnda. It la obvious that by far the largest part of the anticipated reraaue would be eliminated, and this would leave the burden of the tax to be borne by professions, trades, employments, or vocations, and In that way what was Intended aa a tax on capital would remain In substance a tax on occupa tion and labor. Wc rannot believe that auch waa the intention of congress. We do not mean to say that aa act laying by apportion ment a direct tax on all real estate and person al property, or the Income thereof, might not also lay excise taxes on bualneaa, privileges employments and vocations. But this Is not euch an net and the scheme must be considered as a whole. Being Invalid aa to the greater Bart, and falling aa the tax would, If any yart were held valid. In a direction which could not have been contemplated except in connection with the taxation considered as an entirety, we are constrained to conclude that sections 27 to 87, Inclusive, of the act, which became a law without the signature of the president on Au gust 28. 18P4. are wholly Inoperative and void. The Decision Summed Up. Our conclusions may, therefore, be summed up as follows: 1. We adhere to the opinion already an nounced that the taxes on real estate be In- distutably direct taxes, taxes on the rents or Income of real estate are equally direct takes. 2 We are of opinion that taxes on personal property or on the income of personal property are likewise direct taxes. 8. The tax Imposed by sections 87 and 87. In clusive. of the act of lew, ao far aa It falls on the Income of real estate and of personal property, being a direct tax within the mean ing of tbe constitution and therefore unconsti tutional and void because not apportioned ac cording to representation, all thoae aectiona constituting one entire scheme of taxation are necessarlally Invalid. The decrees he re to fere entered In thia court will be vacated: the decree, below will be re versed. and the caaes remanded with Instruc tions to grant the relief prayed. Separate opinion* were ready by each of the dissenting justices, begin ning with Justice Harlan. Justice Jackson was the second to rend hia dis sent He concluded at 2:30 p. m , and went immediately to his hotel feeling quite exhausted from his long stay in the court room. He left Washington yesterday afteranon, presumably for Philadelphia for further treatment by Dr. Pepper. Justice Jackson waa followed by Jus tice Brown. Justice White read the last opinion in the caae, stating nineteen different points upon which he rented his adher ence to the views hitherto expressed by him in oppoeiUon to the judgment of tha nrmrt. COGGESHALL & CO. EVERY BODY SPEAKS of the excellent offers at COGGESHALL & CO.'S: FREE ft crayon or water- color portrait, and a choice wlection of bookH. FREE Fall ami »ee the Hooks; also notice the excellent Crayon in our window. Reside the above inducements, we have in stock in abundance that we would bo plowed to Hhow you if you would but call. IS THE TIME TO PURCHASE NO_W as it is rapidly advancing in price. We ©hII special attention to our "CREAM" Holler Bxtiact Flour. Thin flour has been tried and proven to lie letter than any flour in bat linifton. If you have been so fortunate an to ha\e oaten any of the Broad or Holla made at the "Arlington” Hotel here, you need no further evidence of the merits of "our twat" Flour. The mauuirere of the Hotel *ay "It 1m the l>©Mt flour wo have yet found." Facts of Interests For pickling Vinegar, none is bet* ter than our ‘‘Diamond A. M • # * A fresh supply of TOILET SOAP. Spkci a I.; 1 box. 8 cakes, tor 16 cent* that sells everywhere else for 26 cents. A Car-load of A No. * i t Timothy Hay. Fruit Jars and Jelly Kinase* are in Rreat de mand. Purchase in-fore stock Is exhausted as they are cheaper now than later in the season. • • • Only a few ef those California table peaches loft © lfl\ cents per can, or #1,96 per dozen, • * * Secure our prices on Hartsvllle n oraatoes. Peas and Corn. We are Helling tl.em LOW DOWN to prepare for a new supply. • • • The weather Is getting hot Ju*t now, and tho following Summer drink* should prove nit rnt ti\ r: LIME JUICE,: CLARET, LEMONADE, RASPBERRY LEMONADE, PINEAPPLE LtMONADE, ORANGE LEMONADE. Glass Lemon Juice Extractors, only 10c. TEA! TEA! TEA! Our famous “ICED TEA BLEND,” now ready; this is the TEA that was so popular laxl Summer. Call and secure our prices on other bargains too numerous to mention in this space. Hkhukctfullt, & Mrs. M. J. BYRD desire* to inform her friends and the PTJBIjIO generally, that she i* prepared to do justice to all with a full line of SPRING and SUMMER MILLIHERT, both in style and prices. Come and examine before purchasing elsewhere. Radars* th# toud Money Coavaatloa- friLMROTON, N. C.. May 18.—At a meeting of the produce exchange of thia dty held yesterday resolutions were adopted unanimously indorsing tbe Memphis “sound money ’ conven tion. ■ To Rats* Wags* Twenty For Cons. Pittsburo, Po., May 18.—It is re ported that tbe Pittabnrg Glow combi nation will advance fhe wages of their employees. It is believed the advance will be twenty per cent ' ■’ » > w.. ^ . * Claude Milling, LOCAL AGENT FOR -ev- EBR ATe f Gents’ ClotiiinG Veritable bargains now offered. LATEST STYLE, FINEST QUALITY, MOST PERFECT FIT. FULL LINE OF SAMPLES. Examine them be convinced. Darlington Lodge. No. 7, Knights of Pythi a», meets on 1st and 3rd Tuesday Evenings in each month, at Caetle Hall, Florence street opposite Broad. Visit Ing brother* fraternally Invited.