davidaulloa/AmericanStories huggingface dataset:
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04
HE INCOME TAX
COnstitutiOnality Of the Law to be fested-A
Case Before the District Court

A despatch from Washington, says; Inc
first steps have been taken In the District Su-
preme Court to test the constitute nallty oi
the income-tax law. jeremiah wilson, rs
coun- ell Tor John G. Moore, OF the New YORK
banking firm Of Moore i schley applied to
Judge Cole Of the equity branch OF the su-
preme Court OF the District OF Columbia, lor
an order restraining John G. Miller, commits
sIoner OF internal revenue, from assessing
and collecting tax upon his income. BE-
cause OF the importance of the action 1t ID
expected that the conrt will fix an early day
for the hearing, This is only one OF num-
ber of legal attacks that will soon be made
here upon the income tax. and each suit Will
be based upon different grounds. The NOV
ing parties are New York business men. 1t
is the intention of O number of these indivld-
uals to refuse to pay the tax and appeal 10
the courts In each case.
Mr.. Moore's complaint in detail sets out MS
case under six heads and his prayers under
four. He represe- IS that he Is a Shareholder
in different corporations which have net earn
lngs, from which they pay dividends to him
and other stockholders.
The complainant further states that he mas
an income derived from the profits OF hIa
business. He further alleges that the. corpora
tlons referred to are required to pay tax oil
per cent. on their earnings, without regard
to dividends paid out ofnet earnings, and as
he Is required 10 pay like tax upon the
dividends received by him, the tax Is dupil'
Gated.
No exemption Is made in the act from taxa
ton OF the incomes OF corporations within
the United States, of which there are many
which. although carried on for profit, are
created, owned and operated by the severa
States as government instruments in the
promotion of the police and other puollc
functions, which corporations are not sIblec!
to taxation by the United States. 1t Is a'so
shown that assessments are to be made upon
the income OF the comp ainant and owners
that had been earned and received prior 70
the time prov sions Of the act taking eject,
and that tho said taxes are not within Inc
constitutional jurisdiction OF Congress TO I'M
pose.
The case will probably be brought up for
trial in the Equity Court, before either Judge
Cox or Judge Hagner, early in January. The
judicial regulations OF the District prevent
the case from being appealed to the District
Supreme Court, and in event OF an adverse
decision in the Court Of Equity the petitioner
will take the case direct to the District Cour
OF Appeals, nndlr there it will without
doubt reach the Uni ed States Supreme Oour
though probably not within year. Elk
Senator Edmunds, of Vermont, has been re-
tanned by Broker Moore and willtake lromi
nent part in the trial. The other coun o.
Judge Jeremiah Wilson and Judge Samue
Shellabarser are well-known lawyers here
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04

tVav toward tho rock that rose like
wall TO the right Of the little party on
the road.
There was another sound heard--a
sound of cracking twigs, ana leaps
rather than steps, as OF man or large
animal brushing its way through Uhe
underground.
This was succeeded by single sharp
cry, as Of one in mortal terror.
Then Hero gave tongue freely. ho
howled rather than barked.
Club was all eyes and ears. she hau
her rifle in her hand, ready to use IL.
She had held it ready for use during tho
entire search for Dan Bash.
Suddenly a form leaped across the
road below her. She could just distln-
guish the outlines of a man-then the
figure disappeared in the darkness -
@This wav. Tom; Dad! It's o mani"
cried Club.
They both rode to her side quickly
"Where's the dogP"
S1 can't make it out" said Tom Big
ger. "Didn't you zee Hero?"
@Nol But it won't do to let the man es-
cane. Everything depends on catchlng
him, dad"
They sat like statues there In the dark
ness, listening intently
"Where can the dog be?" said Iom
Bigger angrily. "Thats the first time
ever knew Hero to-"
A yell, growl, and howl OF pain
startled them.
Hero was proving the stuff he was
| made of. He had found his game.
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04
PEACE NEGOTIATIONS.
The Department of State ha1 no Information
of the Appointment Of Commissioners.

No information has yet reached the JaIar'
e Lega ion in Washington OF the appoin
ment OF peace commissioners to treat wit
the two Chinese ambassadors recently ab
pointed The SIG ;es,ion is advanced tina
the Japanese Government Is probably await
ing the arrival OF the Chinese ambassador
before making the appointments.
The japanese commissioners need not, in
fact be appointed until some formal pro
position is made by the Chinese ENJOYS
Owing to the fact that communication froo'
Pekin to a Chinese port is somewhat dificul
because OF the frozen condition of the river
and canals the arrival Of the Chinese il
Japan may be delayed for some time
Nothing concerning the report that Shac
one OF the Chinese ambassador will b, per
soma non grata to the Japanse on account o
his actions as Governor Of Formosa has bes.
received at the legation.
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04
Its Effects Felt Along Nearly the
Entire Atlantic Coast.
HEAVY Winds And SNOW.
Railway Travel and Telegrap hlc
Service Sc, iously Interrupted
Come Artlc Temperatures e.
corded.-From One to TWO
Feet Of Snow.

A binding snoWstorm came on at Norta-
port L. l., at o'clock with heavy gaze
which turned into rain about midnight Inc
wind was northeast The roof Of an unoecu-
nied house at ommack was blown off, Inc
crew of the Eatons Neck Lifo Saving Station
report one OF the rou chest nights In their
experience. The three-masted schooner
Clara Simpson, which was sunk of Eatons
Neck .hree weeks ago by the steamer Dorian
Ell lenily went to pieces during the night, as
largo pieces of wreckage were washed
ashore. Tue two masts that we're In slShl
have also disappeared. She was loaded
with s:ono, and nothing now marks the spot
MALONE, N. The biggest b lizard OF
III season, in fact the biggest In several
Y. a.. b. :an about or o'clock A. M. ana
RACED fercely A heavy northeast wind
Lle u ID the air was 80 full OF snow that one
coulI barely see throu h it. Freight trahlc
Is practically suspended for the present
SAuAyAc LAKs, n Y.-rhe weather mas
cleared The snow here has fallen to
leptn OF 20 inches. At Lake Placid two feet
Of snow ha, fallen aud drited badly. The
Adironack trains from H'rkimer arc six
houra behind time. The thermometer regis
l. r. degrees beloS zerc.
OswEao. N. "A ferocious blizzard from
tie northeast is bowling through town at the
rate OF So mills an hour. The streets are
filed with drifts four feet high where the
dust was flying. Street cars are stalled,
and all the mornin, trains are reported
from two 10 four hours lac. The ther'
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04
100 REBELS BURNED.
Brazilian Troops Set Fire to Hospital al
San Gahi,l

A house at San Gabriel, used as hospital
was burned, advices received Montevldeo re-
port, by B AL ian troops More than l2O
rebels perished.
Several who tried to escape were forced
back into the flames by bayonetS. Over 2OO
soldiers, it is reported, have deserted near
Cruz Alta and have gone over to the rebels.
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04

4 PUPIL defined crow-bar as "a bar
from musical ROSTERS crow"
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04
DEFICIT INCREASING.
National Expenses the Past Month Exceed
Receipts by S5,77l,5ol.

The receipts from Gus oms so FAR this
month ,amou MT to. SO, ,157. 5li from internal
revenue, IS, 24O l5O; miscellaneous, Sl,l'l,-
lSs, making total Of s.s $50 400 The ex-
,enditures during the month amount to s24,-
BAL 900. leaving deficit for the month OF
s5.77l. sol, and for the present fiscal year
e2s. .O6e. .6l3. The disbursements for pensions
so far this fiscal year amount to sb5u. s7l,-
100000.
Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-01-04

Robert Emmett is not likely to be perpetu-
ated in statuary in New YORK very soon. as
the fund, now year old, is OF slim propor-
tons due to internal dssensions among the
Irish organization,
The record-union., 1895-03-02
HOTEL ARRIVALS.

Arrivals at the Capital Hotel yesterday:
Miss q. A. Kelley, H. a. Pollard, c. Z.
Bartlett, Marcus Rosenthal, DR.. NJ, Gard
ner, John Daggett, San Francisco: Clark
Albert and wife, San Diego; Charles A.
Methvin, W. V. Pierce, Antioch: A. l..
Cressey, Modesto; w. a. Fish, J. l.. Bar
ham, Red Bluff; W. c. Whitman, Sacra-
mento; Captain r. Warren, Woodland.
Arrivals at the Golden Eagle Hotel YES
terdy: ". u. Sears, New York; \. II.
Peterson, Fresno; II. B. Ewing, Denver;
}. W. Cass, MarysviIie; c. 2, Stucy, Chi
cago; Henry *. Field and wife, Ala
media; T. T. Baldwin and wife, Stockton;
d. W. OConnor, Reno, New: +. W,
Jones, Colusa; X. NJ. Fitzgerald, II. Ba-
ker, Oakland; q. L. McCandless, r. Roth
child, X. \. Friedrich, p. II. Bradbury.
q. ". Baker, NJ. q. Hoffman, Henry
Dechent, j. Hall Seers, san Francisco.
The record-union., 1895-03-02
WILLIAM J0SRPH'S HEIRS-AT-LAW.
Is His Nephew, w. J. Lovett, One of
Them?
He Must Show That He Is Before the
Deceased's VIII Can be Or
dered Set Aside.

The matter of the contest of the will of
William Joseph by Wesley J. Lovett, a
| nephew of the deceased, was called in
Department Two of the Superior Court
yesterday and continued for one week.
There is quite an interesting story in
connection with the contest.
Lovetts contest was begun on the 18th
of December last. The will of his uncle
was admitted to probate on the 18th of
October, 1883. In his complaint Lovett
| alleged that tor long while prior to the
time the will was supposed to have been
executed his uncle was continuously of
unsound mind and was not competent to
make a will; that the document repre-
sented to be the will was not signed and
subScri bed to, nor declared by the de-
ceased to be his last will and testament;
that at the time of the supposed signing
of the document, and for a long time
prior thereto, deceased had been under
the undue influence and restraint, and
under the fraudulent and false represent
ations OF ii. Gribble, named as executor
in the alleged will
1t is further alleged by Lovett that for
many years prior to the date OF the docu-
ment Gribble and the deceased were
u long time before his death Joseph was
addicted TO the excessive use of alcoholic
beverages and was continuously under
the influence thereof, which caused him
to become greatly enteebled and his phys
zeal health impaired.
During that time, Lovett declares,
| Gribole had acquired the confidence of
Joseph, an ascendency of will and
power of control over his mind, will and
judgment, and that the deceased did not
know the extent OF value of his property,
or the relations to the mbers of his
family, or the result of his acts.
Lovett charges Gribble with having
used the confidence reposed in him by
the deceased to obtain an unfair ad-
vantage over the deceased, and in that
way caused Joseph to appoint him ex-
ecutor OF the supposed will and to be-
Queath to him the entire estate, causing
the deceased to exclude Lovett and de-
ceased's brothers and sisters from shar-
ing therein.
The deceased's wife was to have had
life estate in his property, but she died
before he did.
In continuing the hearing the court
said: THE proponent to the will demurs
10 the contest. The point defendants
counsel seeks to make is that the time
cept as to this contestant, who was a
minor. The only point to be considered
| is whether the will should be set aside or
not. Is he an heir that has right to con-
test, is not exactly clear. The latter
AYERS that his mother was a sister to the
deceased, but his petition does not state
that decedent did not leave a mother or
other relatives. The contest should be
explicit as to the heir-at-law."
The record-union., 1895-03-02
STANDING PAT.
The Chinese Lottery Men still Refuse
to Pay Their Losses.

The Chinese Lottery Men Still Refuse
to Pay Their Losses.
The Cinnamon who run the lottery
business in this city for Louie Moon, the
Weaverville boss, have refused to pay
Barieau and Butler the $1,000 they won
the other night, or any portion of it. In
adopting this course they are uninten-
tionally but very effectively doing the
community much good, for it will be the
surest means of breaking up their lottery
business.
Sports never "buck a game" that goes
back on Its patrons and refuses to pay
what 1t loses, and the refusal of the China
men to pay their recent loss will have the
elect OF opening the eyes of those who
nave been daily throwing their hard
earnings into the Golfers of the China
men.
Young Butler is said to have spent
every dollar he has made for years in
patronizing these Chinese lotteries,
amounting to several dollars a day. and
he Is only one of hundreds in the city
VINO have done likewise.
Louie Moon is q rich Chinaman of
Weaverville, and he owns a controlling
interest IN lottery games over most of Lii Q
State. Yesterday his agents here sent
him telegram asking what they should
do about paying their recent heavy losses,
and his reply was TO compromise on the
best possible terms and it would be salts
factory TO him.
But the local Cinnamon would not
have 1t that way. They declared that the
Whlte men had paid the Western Union
Telegraph Company to falsify the mes
sage, and refused to be bound by Louie
Moons reply. They say the only thing
the holders of the winning tickets can DO
IS to attach Moons private property,
which of course cannot be done in support
OF an illegal transaction.
Here the matter stands, and it is to be
hoped that those who have been playing
at these robblng games will henceforth
put their money to better uses than en-
rlching horde of greasy Cinnamon.
The record-union., 1895-03-02
Y. NJ. G. A. MATTERS
Evangelist Shepard TO Speak at To
MOrrow'S Meeting.

Evangelist Shepard TO Speak at To-
Morrow's Meeting
The meeting of the Young Mems Chris
tan Association last Sunday afternoon
was led by Dr.. Watts. who gave an inter-
esting talk. Mr.. Chadbourne sang two
solos that were well received. He has
promised to sing for the association again
soon.
The meeting tomorrow at 3:45. for
men, will be led by Evangelist w. E.
Shepard. 1t will be held in the gymna-
sium, the parlor being too small.
The debating club held an animated
discussion on Wednesday night. The
boys had good meeting and enjoyed an
interesting time.
1he work OF the gymnasium is increas-
ing IN Importance. The attendance on
the various classes has doubled within
the past few weeks
The record-union., 1895-03-02

the vicinity of Ninth and r streets and
throwing stones at the cars.
One little fellow was captured in the
act OF throwing a stone over the cars,
but the intercession of the women of the
neighborhood and his own tears and
protestations of future good behavior,
coupled with his juvenile appearance.
saved him from passing the night in the
City Prison.
Yesterday morning, accompanied by
Officer Hardy, Ahern made another raid
in the same locality, and after hard
chase captured a young man named De-
vine and locked him up in the City
Prison. The officers gave another one of
the ringleaders hard chase, but he
managed to escape.
Last night Hardy arrested Edward
flanagan, charged with misdemeanor in
jumping on and off moving trains within
the city limits and throwing stones at the
train crews.
The record-union., 1895-03-02
Reaten hr a ,rramn-

a tramp on Thursday attempted to rob
an old lady who was gathering firewood
along the north Ievee He choked her
until she was iusensible. and then threw
her down the steep embaukment into the
brush.
When the womau's son learned of the
assault he went cunning TOR the tramp,
out could not md him in the brush in
that vicinity. Ii he had, there might have
been a JOB for the Coroner.
The record-union., 1895-03-02
w Gather Notes.

The Weather Bureau reports show the
highestand lowest temperatures yester-
day TO have been Sc and 90, with light
and variable winds and cloudy weather
prevailing.
The harometrical readings at ) 4. NJ.
and . P. NJ. were 30.UZ and 3O.0I inches,
respectively.
The highest and lowest temperatures
one year ago yesterday were So and a
with no rain, ana one year ago to-day 81
and 40, with 20 OF an inch OF rain.
The river is u feet 3 inches and station
ary.
The record-union., 1895-03-02
NATIONAL, CUARDsMENs PAY
The Checks Not Yet Quite Ready for
Distribution.
MAIN oFFICE-second street. L 81

Acknowledgement Allen left for Los
Angeles yesterday afternoon TO pay of
the members of the National Guard in
that city who performed military service
during the late strike. From there he
viii go to RedIands, Riverside and San
Bernardino for the same purpose.
General Allen stated that the delay in
paying the members Of the militia Of
san Francisco and this city is on ACCOUNT
OF the fac. that the checks, which Will Ee
payable at the California State Bank in
this city, are not ready. Owing to the
pressure of business at the State Printing
Office, where the checks are being pre-
pared, they have not yet all been printed
The record-union., 1895-03-02
WAGON VS. CART
Exhibition OF tho New Vehicle for
tarrN-iucr J@{pa-Tyola

Exhibition OF tho New Vehicle for
Carrying Fire-Hose.
The new four-wheeied hose wagon for
the fire department was tested at Fourth
and X streets yesterday in the presence of
the Chief Engineer and other fire depart
ment officials and members OF the Board
OF City Trustees.
By the use Of this vehicle one fireman
can hold the end of the hose while it is
being stretched from the hydrant TO the
scene of tire, white with the reeI-cart il
must be made fast to something.
Another advantage that the wagon pos
sesses over the ordinary hose-cart is lis
facilities for carrying tiremen to fire. BY
the use of convenient steps ana hand
rails il will carry live or SIX men in ad-
dluon TO those on the seat with the driver.
Yesterdays exhibition OF ais work an
peared TO be quite satisfactory 10 all that
witnessed II.
The record-union., 1895-03-02
ADMITS EB WAS DRUNK.
Yet Albert PartoI Declares He WI
Robbed by Al. Hapernan.

Al. Hapeman, the well-known ex-base-
ball pitcher, was arrested last night by
Officers Ash and Fitzgerald on a charge
of grand larceny, preferred by Albert
Partoll. who resides at 4I73 + street.
The latter claims he saw Hapeman en-
ter his room and remove his watch from
his pocket. He made 10 resistance at the
time, as he was half intoxicated
The record-union., 1895-03-02

The prevailing fashion separate
caused quite demand for fabrics especially adapted for these
For this shall place goods
ment of handsome Dark Changabe Silks special The
will be unlimited advise early
choicest patterns.
LOT 1-FIandson1e French designs in Changeabe
Silks, Rich Taffeta Glaces Fancy Changeable
lWO-tOned APn1ureS These Silks 20 to 81 inches
wide trr1 and beautiful in texture; specially made
for new fancy waists and skirts Frenchy
combinations of color
Rose and Reed, Golden iOtrp pandOd Rose
Navy and Tan, land ardina Marine Brown,
Olive eandT Tan, tand Pink,
Cardinal and Navy, Navy and Gold,
Special Sale, Z2C Yard.
LOT 2-Beautiful and Striking Plaid Silks very
latest French conceptions Plain Rich Tafetas and
Surahs, in Victoria, Royal Stewart, Stewart
and other rich Tartan Paids.
Sale Price. SOC Yard.
LOT 3-One lot OF Fancy Changeabe Silks
latest tWo-tone effects. CoOrs, Jasper red,
gray tan ana oIuet Sale Price, 48G.
LOT 4-Changeable Russian-cote Silks, handsome q
novelty weave, 21 inches COlors,
golden, old card myrtle, sapphire, red, olive.
Price, 88G Yard.
LOT 5-Black Figured Taneta Broehe Silks, spe-
clally manufactured skirts
designs. Pric@ 69c @Tar1
LOT 6-Black Figured Gros de Loudres in small,
neat designs Price, 88G Yard.
LOT 7-Black Satin Luscor Brocades, design;
Price, Z2G Yard.
The record-union., 1895-03-02
Bishop NIano.ue,s I-nre :.

At noon to-morsow the local branches
of the Young Mems Institute viii hold a
meeting III the basement OF the Cathedral
for the purpose of making arrangemepts
ior attending the funeral OF Bishop
Manogue on tuesday.
The record-union., 1895-03-02
Robbed a GROCERY Store.

The grocery store of Galligan & Noon
an, at Second and @ streets, was entered
yesterday morning by burglars. who got
away with some IS. There is no clue to
the thieves.
The record-union., 1895-03-02

this city. February 9th.
hight Rev. Patrick NIanogue, Bishop OF
Sacramento, native OF County Kilkenny.
Ireland. aged 81 years ana 10 days.
Es-FuneTal viii take place from the Cs,the-
drai o. the Holy Sacrament, Tuesday morn
ing, March 5th. 1T 10 O'Clock. Intsrment
81. Joseph Cemetery. please omit fiowers.l
this city, February 2Sth,
Sterling EGmmaCk. native OF Laurel
County, Kentucky, aged 3 years.
EH-f fFleDGs ana acquainJauces are respect
fully invited 10 attend the funeral sunday
at = P. IL. from his late residence. 116
Eighth street
PERRH-In this city. February 26th. Ell
bridge e., husband OF Jane N. Perry a ma
tive Of Maine, aged 81 years. lHealdsourg
papers please copy.l
Ey Friends ana acquaintance are respect
fully invited 10 attend the funeral Suru.ly
a. 2. ". tronl odd Fellows Hall. corner
Ninth and X STREETS.
The record-union., 1895-03-02
THE CAR-SToNERS

Officers Breaking Up the Ninth and
R-Streets Gang.
Railroad Officer William Ahern made
q raid Thursday evening on the hood
lulns who have been making practice
OF jumping on and of moving trains in
The record-union., 1895-03-02

The Sunset Limited is the Introduction
on the PacIhc Coast OF the luxurious
travel which has heretofore been confined
10 the last.
The record-union., 1895-03-02

DON'T say, 1 thought they would be
here longer, but buy your crockery and
glassware now and save halt, at 5I8
street.
The record-union., 1895-03-02

THE eminent chemist of Ann Arbor,
Professor Prescott, declares DR.. Prices
Baking Powder absolutely pure.
The record-union., 1895-03-02

Fo2 thorough instruction in physical
culture, eiocutlon, Delsarte. 90 10 Mrs. q.
Dohrman. See change in educational
column
The record-union., 1895-03-02

THERE is none to compare with DR..
Prices Baking Powder as it alone is ab-
solutely pure.
The record-union., 1895-03-02

TRY McMorry's Teas. They are the
best in the market.
The record-union., 1895-03-02

STRONG and quick in action is Dr..
Prices Baking Powder. It's absolutely
pure.
The record-union., 1895-03-02

and numb and the soldiers here and
in San Francisco will not get their money
until after the 1lth instant.
The record-union., 1895-03-02

When Baby was ack, we gave her Casto-fa.
when she was Child, she cried fer Castoria.
when she became Miss, she chung TO Casto-is.
The record-union., 1895-03-02

OC crockery and glassware sale is fast
~ utaH 4uE 10 close. Buy your household
goods before it is too late. 5IS ! street
The record-union., 1895-03-02

CROCKERY and glassware half-price
now. VIII be twice as much when we
are sold out. at sis J street.
The record-union., 1895-03-02
BORN
DI ED.

GREEN-In COurtland, Februasy 2Sth, tC
the wife OF Joseph Green, q daughter
The record-union., 1895-03-02

oJR dollars per year purchases. an ac-
c'deht policy OF LOO, with - per week in
ctse oI accident. For particulars, call on
+. I. hyde, agent, No. IOII Ninth street.
The record-union., 1895-03-02

wENsrock 6
MONDAY AT 1904. M.
SPECIAL. SALE OF
IDEAL SILKS

For skirts and waists. New 1898 patterns in Two
toned Changeabe Silks, Rich Figured Taffeta Glace,
Black Gros de Loudre, Black Satin Luscor Bro
oaCaS
The record-union., 1895-03-02

EAEHER permitting, concert at Oak
Fark oy Artillery Band, Sunday, , to 1
Z. VI.
The record-union., 1895-03-02

Are you the proud pos
SCISSOR Of an infanto II so,
we d like to have you look
: Just look at our Car
riages.
There MAY be a larger
and more complete stock
of BABY CARRIAGES
on this coast than ours,
but we doubt it.
AS to price5-well there
are NONE below ours.
'Nuf ced.
The record-union., 1895-03-02


HE leading music store in Northern
CaAiorhia Is the Cooper Music COMPANY
lNeaIe, Eiiers X Co.., 0SI J street.
SARSAPARILLA AND lRoN.-Get II from,
the sole agent, McMorry, 53l NJ street. :