davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
VOID IN TWO CASES.
Supreme Court Decision on In
come Law is Read.
It is Declared Unconstitutional
in Two Particulars.
CANNOT TAX RENTS.
Incomes from State or City
Bonds Also Exempt.
These Are Not Thought to In
validate Whole Law.

WASHINGTON. April 8-The opinion of
Chief Justice Fuller in the income tax
cases as read for the first hour was his
torical The court at 1 o'clock had
reached this conclusion: The court can
find no difference between a tax on land
itself and a tax on rents or income de-
rived from land. The court therefore is
of the opinion that tax on rents or land
ed investments is a direct taxation. and
unconstitutional
The court then decided that the tax
was unconstitutional SO far as it related
to incomes from state, county or munich
pal bunds. 1t was then ruled that the
fact that the law was pronounced uncon
stitutional in these two particulars. did
not invalidate the law as awhoIe
1t was announced that in this latter
conclusion the court was equally dIvld-
ed and therefore rendered no opinion.
The lower court having ruled in favor of
the law by divided court, the law
would stand except as to rent and state,
county and municipal bonds. and on
these two points, it was directed that the
judgment below be reversed
Justice Field read dissenting opinions
He said: Il am of the opinion that the
whole law of 1894 is null and void"
He was followed by Justice White in
a second dissenting opinion. Justice
Field laid stress upon the fact that the
law does not exempt judges of the
United States courts from payment
of the tax. 1t was not right, he
said, that the supreme court should re-
main silent and make no protest,
when many United States judges
drawing large salaries would be affected
because of the law, and be called atten-
ton to the letter once written by Chief
Justice Chase to the treasury officials
protesting against the deduction of an
income tax from the salaries of United
States judges.
The decision applies to three cases, the
first of which was brought in the courts
of the District of Columbia by John
G. Moore, to enjoin the commissioner
of internal revenue from the collection
of the income tax, while the other two
were those of Charles Pollock vs.. The
Farmers Loan s. Trust company, and
Lewis H. Hyde VS.. The Continental
Trust company, both appealed from the
decision of the United States circuit
court for the southern district of New
York The action in these two cases
was brought to enjoin a voluntary COM
pliance with the law in the payment of
the tax, and when the circuit court sus-
tanned the law, Pollock and Hyde ap-
pealed TO the supreme court OF the Uni
ted States. Attorney General Olney, Jas.
c. Carter of New York and Assistant At
torney General Whitney appeared for
the government, and Messrs. Choate,
Seward, Guthrie and ex-senator Ed
munds for the trust companies and Mr.
Moore.
Justice Harlan followed Justice White
in dissenting opinion and the case was
closed. Nothing was said to show how
any of the justices stood save the three
who read dlssents.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
BIG MEN COMING.
Most of the Prominent Bankers
of New Orleans
Summoned to Appear Before
Judge Foster
IN A LOTTERY CASE.
Representatives Of the Honduras
Lottery
IN A LOTTERY CASE.
Figure Prominently in a Crimi-
nal Suit.

Nearly every prominent banker in
New Orleans will be in Topeka tomor-
row to testify in the lottery case against
L A Gourdain and F. D. Slocum, who
are charged with using the mails for
lottery purposes
Nearly every officer of the old Loui-
siana lottery company has been sub
>poenaed, and the case is watched with
interest.
Mr.. Gourdain says that the fight is be-
ing made upon him by the lottery people
and that it was at their instigation that
he was arrested. He turned upon them
and summoned every officer of the COM
pany to appear here to testify. Il want
them to tell what they know" says hs.
~ have not been in this business for
years. but they seem to think have, and
we will see about it when the case comes
to trial We are ready to have the case
come up tomorrow"
Gourdain is president of a bond guaran-
tee company, and he has threatened to
prove some things which will startle the
whole country. 1t would not be sur
prising if he caused the arrest of all the
officers of the Honduras National Lot
terry company when his trial is
ended-at least that is what the
officers themselves are afraid of. 1t is
reported in New Orleans that Gourdain
will also prove that the lottery company
has paid thousands to United States Off
cials and postoffice inspectors and big
sensation is promised
Following is the list of witnesses he
has had summoned "to tell all they know
about him." as he expresses it:
John A. Morris, principal owner of
Honduras National lottery: Lawson
Davis, cashier of Honduras National lot
terry; Z. ]. Demarest. president of Hon
duras National lottery; Albert Baldwin,
president of New Orleans National bank;
Jno II. O'Connor, president State Ma
tional bank; Stephen Chalaron, presi-
dent Union National Bank; George
W. Mott, president Citizens bank;
NJ. J. Cunningham, attorney gen
eral; D. S. Caster, chief OF police;
r. Kerwin, F. De Rance, Ed Flood, P
Dale, Jno. Il. Littleton, R. B. Stubbs,
V. Flotte, city detectives; s. J. Cunning
ham. deputy sheriff; George Blois,
agent of the Honduras National bank;
E A O'Sullivan, city attorney; Page NJ.
Baker, editor Times Democrat; Larry
O'Donnell, assistant city attorney; Harry
Kinler, runner Union National bank; D.
G. Baldwin, assistant cashier New Or
leans National bank; c. A. Pardue, su-
perintendent Southern and Wells Fargo
Express; G. F. Nosler, agent American
Express company; B W. Cason, agent
Pacific Express company.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
WON'T AFFECT BLIXT.
The Kansas Decision OnHypnot otism Creates
Interest in Minnesota.

The Kansas Decision OnHypnotism Creates
Interest in Minnesota.
MINNEAPOLIS. April S.-The Kansas
hypnotism decision has aroused consider
able interest, in view of the bearing it
may have in the defense of Claus
Blixt in the Cling murder case
The defense has never declared
its intention of pleading hypnotic
influence over Blixt by Harry Hayward
as a defense and the states attorneys do
not believe that the defense is possible,
even if it were legal under the Kansas
decision.
Blixt's own story on the stand in the
Hayward trial would, it is pointed out,
prevent the hypnotic idea. His minute
description of all his acts and his
clumsy attempt to arrange an alibi after
the crime would, so the attorneys argue,
show that he was a free moral agent
Judge Smith expresses the opinion that
hypnotism is no defense in law, and can
NOT be admitted
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
THE "VALUABLEs' LISTED
An Inventory of the Worldly Goods of Ten
Tramps at the City Prison.

An Inventory of the Worldly Goods of Ten
Tramps at the City Prison.
Eleven tramps who had lodged at the
city prison were released this morning.
They lined up in the jailer's room and IN
turn asked for the return of their ''valu-
ables." This is what they asked for in
the order they came.
One bar of soap and two knives.
A brass chain, box of matches and.
five cents.
Two packages of cigarettes.
''Nuthin."
One knife
E'Nawthin."
Knife and plug of tobacco
A letter.
Looking glass. two photographs and
shook" which turned out to be railroad
guide.
A pair of gloves.
The eleventh man was about to ask for
his bundle when Captain Gardiner
thought he answered the description of
a man wanted at Manhattan, and he is
being held.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
is ssNELLIE BLY," WE'D?
License Taken Out for Her Marriage
to = New York Man

a License Taken Out for Her Marriage
to New York Man.
CHICAGO, April 8-The Inter- Ocean
says: A number of people who know
the name of "Nellie Bly," and know also
that her real name is Elizabeth Coch-
rane, are interested in the announce
ment that marriage license had been
taken out Saturday for her marriage to
Robert Seaman. a New York attorney.
Miss Cochrane lives at the Auditorium
but has not been seen there for several
days. 1t is said at the hotel that she
often goes away for days at time with
out relinquishing her room, SO there was
no telling whether she had really lett
the city or had been married, or both.
MIR. Seaman left for the east Saturday
bat no one knew whether he was mar
ried to Miss Cochrane or any one else
before his departure.
Perhaps Miss "Nellie Bly," is arrang
ing little five column article on honey
moons in general and her own in partic-
MAR
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
RINGLINGS' SHOW.
The Well Known Circus People Start a
Great Hippodrone at Chicago.


Great Hippodrome at Chicago.
CHICAGO April s S-Ringling Bros. have
opened an immense permanent circus in
the Tattersall horse fair building which
has been handsomely fitted up. 1t will
hold 10000 people,
The Liberati concert will begin this
evening at 7:15 and the regular circus
performance at o'clock There are
seventeen numbers on the arenic pro-
gramme. each number including from
two to seven acts. The hippodrome ar
rangement EN- braces dozen races. The
doors will be open at o'clock for an in
spe ction of the menagerie and the cages
will be open for the benefit of visitors
until II o'clock.
The deer that escaped from the circus
parade was found yesterday by james
Morrow. of 4458 Tracey avenue Nor
row says that he had considerable trou-
bic in catching it and claims $50 reward
which the management has refused to
pay.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
A BOY WHO THREW STONES.
He Fell Into The Hands of a Secret
Service Man Fined $50.

He Fell Into The Hands of a Secret
Service n-Fined $50.
George Montgomery, of the Santa Fe
secret service, was riding in the smoker
of west bound train Saturday afternoon
in Usage county, when several big rocks
were thrown through the window direct
ly in front of him. The train was going
at high rate OF speed. The glass cut
the man who sat in front of Montgomery,
but he was not seriously hurt When
the train had slackened its speed Mont
gomery jumped off and went back after
the man who threw the rocks. He found
him, a young farmer, giving his name as
Charles Howell At first he denied do
ing it but he finally confessed. The
minimum penalty for damaging rail-
road property is year in the peniten-
tiary.
Montgomery took the young man to
Usage City, and reduced the charge to
disturbing the peace. He was fined $50.
Howell gave no excuse for his deed
except that he "just felt like it, and
''don't like the Santa Fe much nohow."
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
SIGNS OF WAR.

NOrway's Estimates Exceed Anything
They Have Been Before.
CHRISTINA, April S.-The estimates
which are TO be submitted to the storth-
ing have been published and cause much
comment They give fresh impetus to
the wild rumors of an impending war
between Norway and Sweden. The
estimates far exceed any previous sums
required
The sum of 100000 kroner is to be
devoted to the construction of iron
cIads. In addition, large credits will be
asked for the purchase of munitions of
war and for the completion of the forts
of Tonsburg harbor
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
MILLER on SILVER.
The Ex-senator Says it Will Control IL
Democratic Convention.

Inc E1-senator Says It VIII Control the
Democratic Convention.
CHICAGO April Sex Senator Warner
Miller of New York is at the Audi
tcrium. Mr.. Miller has not been in
Chicago since the year of the Worlds
fair.
When asked what was the strength of
the free silver sentiment in the east he
said:
There is no organized movement for
free silver. A few banks and MANY in
dividuals are in favor of free coinage
but the masses are opposed to it. 1t ap-
pears to me that honest money and the
tariff question will control the next Re-
publican presidential convention, and
that Populism and free silver will not
only control the Democratic convention.
but will dictate the platform and name
the candidate"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
THE DOCTORS TOMORROW.
They Hold Their Annual Convention at
A. o. u. w. Hall.

They Hold Their Annual Convention at
A. o. u. w. Hall.
The Eastern Kansas Medical society
will meet in annual session at A. o. Z. W.
hall at 1873 Kansas avenue, tomorrow
evening at o'clock.
After the presidents address has been
read and the reports OF officers consid-
cred and new officers elected, ". s. Pick
ard of Burlingame will read a paper
called "Report of Some ObstetricaI
Cases" NJ. Morgan Cloud of Topeka
will have paper on "Melancholia
'Sarcoma of the Ovaries" will be read
by A H. Cordier of Kansas City, Mo,
and Agnes Mckee Wallace of Topeka
will speak of 'sSchool Hygiene"
The present officers of the society are
r. E McVey, president; Geo. NJ Gray of
Kansas City, vice president; R S Magee,
secretary, and Ida G. Barnes, treasurer.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
SOUTH WANTS q. A. r. MEN.
Alabama VIII Try to Induce Them to
Locate There.

BIRMINGHAM, Ala, April s. S-Alabama
is making determined effort to induce
d number of Grand Army of the Repub-
lie men and their families in Illinois aud
Iowa to locate in this territory. The
Commercial Association of Alabama, an
organization of all the commercial bodies
IN the state, held very largely attend
ed meeting in Birmingham, and it was
decided to induce the veterans to-come
this way, it being reported that number
in the states named intended seeking
homes in the south. It was decided to
invite the Grand Army of the Republic
men to locate with their families in this
state through the seventh. annual en-
campment of the state department of
the order which met receauy in Mont
pOm0rV.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
HEADS IN THE BASKET.

Two Men Discharged From the City
Engineers Departments.
Two more men were discharged today
by order of Mayor Fellows. They are
G. A. Slayton and G. E Naylor, who have
been employed in the city engineers de-
partment as draughtsmen under engineer
Tweeddale When Mayor Harrison
discharged ]. F. McCabe and
II. ]. Engell. who were car
ried on the pay roll as rodman and
tapeman at $50 per month he did not
appoint any one to fill those places, but
instead had two men detailed at $1.75
per day.
These were the men discharged It
is understood that McCabe is to get his
Dlace back.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
LOCAL MENTION.

Mrs. Mary E. Lease was today able to
be out of her room at the National hotel
for the first time in three days. She has
been suffering from neurasthenia.
4 teamster drove too close to the river
bank below the Wolff packing house
this morning and one of his mules started
to roll down the high embankment The
other mule stood firm and as the harness
was stout the first mule was held to the
wagon until he was released after an
hours work by three men.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
JOHN M'KANE'S HEALTH.
Greatly Benefited by the Enforced Wis it
to State Prison

ALBANY, N. Y, April 8.-Warden
Sage, of Sing Sing prison, was in town
today. Relative to the condition of his
celebrated prisoner, John Y. McKane,
he said:
"Mr. McKane is in excellent health,
and is looking exceedingly we'll When
he came to the prison he was a broken
down man. He was on the verge of
hard fit of sickness, and according to the
prison physician, he might have been a
dead man by this time. Prison life has
proven most conducive to good health,
his constitution has become strengthen
ed, and he now weighs 100 pounds.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
Leader OF YouthfnI OnfInwa.

INDEPENDENCE, Kas., April S.-Ezra
Carroll. about 20 years old, was brought
from Fredonia and placed in the jail for
safe keeping. Carroll is thought to be
the leader of gang of youthful outlaws
who have committed robberies and other
crimes in this vicinity lately.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
Destructive Prairie Fires.

GUTHRIE, Ok. April SIN Pawnee
county an unknown man on horseback
set fire to the dry prairie grass during a
high wind and the county was devastated
for mauy miles. Seventeen farmers lost
everything they possessed, having hard
work to save the lives of their families.
and the village of Chico was almost en-
tireIv DESTROYED
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
SILVER LITERATURE.
Gov. Richards to Inaugurate a Campaign
of Education.

of Education.
HELENA, Mont, April 6.-Gov. Rick
ards has inaugurated an educational
campaign on the silver question. in line
with plans formulated by himself and
Thos. G. Morrill, The intention is to
place bimetallist literature in the hands
of the voters throughout the union, this
course being deemed more effective than
any other plan of reaching the citizen.
The governor has arranged for confer
ence to perfect an organization which
will be held in Salt Lake City, May 18th.
He has sent letter to the governors
of California, Oregon, Washington,
Nevada, Idaho, Wyoming. Utah, Arizona,
New Mexico and Colorado asking them
to appoint three delegates to attend the
conference.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
WOMAN VOTE IN MONTANA.
Half the Vote Cast Was by the Women
There.

Hail DT
There.
HELENA, Mont, April 8.-School cleo
tions were held in all the prrSsipal
towns of the state Saturday, and were
remarkable from the fact that in most of
the cities at least half the vote was cast
by women. In this city con-
siderably more than half was cast
by them. So far as known, but
one woman was elected trustee, and that
was in Helena, DR.. Maria NJ. Dean be-
ing the successful candidate. There
was woman candidate in Butte, but
the women there stuck strictly to their
ticket, and did not make a favorite of
the candidate of their own sex.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
MAKES ENDS MEET.
No Deficit in the Mexican Budget for
First Time in Years.


MEXICO CITY, April s.-The falling in
silver exchange mas had beneficial ef-
feet on Mexico's remittances abroad
For the first time in the history of the
Mexican republic the national budget
for the fiscal year beginning July next
does not show a deficit The budget
committee has presented its report be-
fore congress and reports an excess over
expenditures of over 100000.
The result Of the efforts made to bal
ance receipts and expenditures in face
of the depreciation of Mexican silver is
a surprise even to the most sanguine.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
WANT SUNDAY OBSERVED.
Milwaukee Ministers Making a Campaign
Against Sabbath Breaking.

Against Sabbath Breaking.
MILWAUKEE,, Wis, April 8.-The cam
paigu Of the Milwaukee ministers to Sc
cure better observance of the Sabbath
by closing up all places of business and
amusement and to stop the running of
street cars was begun last night by a se-
ries of union meetings which we're held
in various parts of the city.
All the addresses advocated the use of
the ballot in electing men who would
enforce the Sunday laws on the statute
books of Wisconsin. They advocated a
boycott by all Christians of men who
persisted in keeping their places of busi-
ness open Sunday and urged constant
agitation to get not only all places of
business and amusement closed, but also
to stop the street cars from running on
that day.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
Free Silver Convention.

CHICAGO. April 8.-A special from ST.
Paul. Mimi, says:
There will be free silver convention
in Minnesota during the coming summer
or fall 1t will most likely be held in
the latter part of September or the early
days of October. Promoters of the idea
are moving quietly and hope within a
month or TWO to have the plan
sufficiently matured to uncover it to tue
general public.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
WILL SHOOT THE PIRATES
Oyster Men Are Prepared to Meet a Raid
on the Beds.

NEWPORT, N. Y, April 8.-A raid on
the Riparian oyster beds is thought to
be contemplated by the captains of the
piratical oyster boats as arrangements
are quietly going on aboard the boats
for concerted movement The fight
ing Riparians have laid in sixteen hun
dred pounds of ammunition and are do
Ing duty night and day on Fortessu
Beach.
They mean to shoot in squads so that
If any of the oyster pirates are hurt or
killed by their bullets. it will be impos-
sible to hold any one of them individually
responsible
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
MANY SMALL THEFTS.
Petty Thieves Rob the Barber Shop at COL
Kansas Avenue.


Kansas Avenue.
Last night someone lifted the alley
window at the barber shop under the
Rock Island uptown ticket office, and
stole pair of clippers, a pair of shears
and hair brush. The work was not
that of professionals for the stock of
razors was not touched.
AL Braem, who lives at 1923 Chandler,
had fifteen chickens stolen Saturday
night.
Rev. l. N. Watson of the Parkdale Free
Methodist church was awakened hr ree
times Saturday night by burglars trying
to get into his house. He frightened
them away each time. The last time he
became alarmed at such persistency and
telephoned for the police. He lives at
Eighth and Lawrence streets.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
wait InventixarIOu.

The examination of witnesses for the
state in the investigation of Captain w.
s. Wait before the asylum investigation
committee was concluded at noon today
and the witnesses for the defense are
now being examined Mrs. Mary E..
Lease was on the witness stand most of
the forenoon.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
JOHN MOST STAGE STRUCK.
The Anarchist Is Now Going to Take Part
in Another PIav


New YORK, April S.-Anarchist John
Most is stage struck. he is soon to ap-
pear again in drama with whiskers and
patent thriller.
He is going to take the chief part in
new play called "The Sicilian Girl bv
George Biedeenkapp, an anarchist poet.
well known at all gatherings of Most's
followers. The play is in five acts and
shows the extremes of modern social life
In startling and dramatic manner. It
Is founded on incidents in the SiciIian
agrarian revolt of 1894, and is full of ex-
citement, daggers and bad liquor.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
Awaiting Nicararnn,a Anawer

WAsHINGTON,Ap April 8.-The answer of
Nicaragua to Great Britain's ultimatum
is being anxiously awaited by officials
and diplomats and until it is made
known there promises to be no further
development in this controversy which
has indirectly involved the United
States
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
Lottery King Chase Dead.

NEW HAVEN, Conn, April S.-"Char-
lies'' Chase, aged 72, known throughout
New England as a lottery king died 10 :
day. About six months ago his policy
Office was raided by the police which SO
upset him that he suffered from ner-
vous prostragion from which he never
recovered. He had amassed considera-
BILE fortune.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08
RECENT DEPARTURES.
Well Known Topeka People who are Out
of Town

E P. KepIey, Salina; Mr.. and Mrs.
Thomas Cross and ]. B. Hayden, Ex-
celsior Springs; Rome Colvin, Cincm-
natti; Mr. and Mrs. Frank Long,
Denver; A Council. Colorado Springs;
Mrs. Scott Matson, St LOUIS
Robert Maxwell, Columbus; A. /. Viii
liams, Excelsior Springs; W. n. Ewing,
Wichita; Frank Flenniken, Clay Center;
Miss Grace Morrill,, Kansas City.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-04-08

The state homeopathic society will
meet at Kansas City, Kansas, on the 1st,
End and 3rd of May. There will be about
100 physicians in attendance. Six or
seven will go from Topeka. DR.. c. F.
Menninger is the secretary.