St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-12
NOW PAY YOUR TAX.
REVENUE OFFICERS SEND OUT
NEW INSTRUCTIONS
AS TO MAKING RETURNS.
Cleveland Judge Claims the Law
Cannot BE Enforced Against
Railways.

WASHINGTON, April 11.-These
instructions were telegraphed to all
collectors in all parts of the country
and another telegram was sent by
Commissioner Miller directing them
if necessary for the accommodation
of persons filing income tax returns
to keep their offices open for bust
ness from in the morning to 6 in the
afternoon up to and including the
time left for making returns the
revenue officials could not under
take to decide just what forms of
property will be exempt under the
head of real estate. Therefore many
appeals are expected from the decis-
ions Of the collectors. So far as pay
mentS are concerned the decisions of
Commissioner Miller will probably
be final. Aggrieved citizens may
pay the tax under protest, and then
bring suit to recover the money.
One of today's callers is president
who was himself an Indian of full
blood and who sought Information
concerning the status of individuals
of the tribes and of corporations
controlled by them. Under the law
he was told that the Indians who
have not formally severed their
tribal relations are not taxable, but
that all Indians who have done so,
and who have not taken lands in sew
crafty, must make the returns White
men who are living with Indians
still in their tribal state, or who
have married tribal Indians, as
many have in the territory, are not
exempt from taxation, as the courts
have decided that tribes cannot
adopt white men so far as to confer
upon them the legal status held by
the Indians of the tribe.
The instructions were as follows:
F1rst-lnterest received from state,
county and municipal bonds or securi-
ties, and rents from real estate are not
taxable as income, but persons or cor
porations receiving said interest or
rents shall include in their returns
as receipts the full amount thereof,
received or accorded within the year
for which return is made and shall de-
duct the same as not subject to taxa
ton.
Second-The amounts actually paid
for taxes, insurance and repairs on real
estate may be deducted from income
Third-All persons and corporations
that have heretofore rendered income
tax returns for the year 1894 to a col
lector of deputy collector, including
therein interest received from state,
county or municipal bonds, or from
rents from real estate, may have the
amounts on said interest and rents de-
Quoted from their income by duly MAX
ing an affidavit, and delivering the
same to the collector or deputy collec-
tor to whom the original return was
rendered
Require persons making returns in
future to show clearly that rents in
cluded and deducted were received only
for real estate and include nothing
whatever paid for rent or use of
personal property or franchise.
SEEK A REHEARING.
WASHINGTON, April 1-Counsel
for the appellants in the recently de-
cided income tax cases have prepared
a petition to be submitted to the United
States supreme court asking a rehear-
ing of the case before d full bench.
SAYS IT is VOID AS TO RAILWAYS.
CLEVELAND, o., April u.-Judge
Stevens Burke, who ranks among the
foremost of Americas railroad law
yers, said today that it was his opinion
that the government could not COM
pei the railways of the country to pay
the income tax. ITO my mind" said
Judge Burke, "the tax is unconstitu-
tional, applied to railroads, inasmuch
as it amounts to veritable direct tax
on the real estate of the roads. Even
admitting, which 1 do not, that the re-
mainder of the tax is constitutional,
do not see how it can be collected from
the railroads.
COURTS DECISION NOT FINAL.
WASHINGTON, April n.-Tonight
B. Whitney said: 1.-THE government
was not party to the income tax
cases which have been decided. 1t
only received informal permission to
be heard. 1t cannot, therefore, move
for a re-argument. The decision, how
ever, is not to be regarded as final
upon the rental question. 1t can be
brought up. again at the next term of
the court in case where the govern
ment is less at a disadvantage. This
rental question was not argued with
any approach to fullness on the part
of the government. 1 believe that I'll
timately we shall have a national in
come tax, whatever may be the final
decision of the courts about this law
Election Law IudOrsed
RICHMOND, Va, April 1.-THE court
Of appeals today passed upon the con-
stitutionality of the Walton election