davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1895-05-21
BROWN AND WHITE.
They Declare the Decision Practical
Surrender to the Money
Classes.

Classes.
WASHINGTON, D. c., May 2o.-Justice
Brown in his dissent said:
If the question what is and what is not a
direct tax were now for the first time pre-
sented, l should entertain a grave doubt
whether, in view of the definition of direct
tax given by the courts and writer's of political
economy during the present century, it ought
not to be held to apply not only to an income
tax, but to every tax the burden OF
which is borne Immediately and ultimately by
the person paying it. regard it as very clear
that the clause requiring direct taxation be
apportioned as to the population has
not application to taxes which are not capable
OF apportionment according to population. 1t
could not be supposed that the constitution
could have contemplated practical inhibition
upon the power of Congress to tax in some
way all taxable property within the jurisdic-
ton Of the Federal Government for the purpose
of a national revenue.
Justice Brown said in conclusion:
Respect for the constitution will not be in
spired by narrow and technical construction
which shall limit the necessary powers OF
Congress. The decision involves nothing less
than the surrender of the taxing power to the
money class.
While I have no doubt that Congress will
find some means of surmounting the present
crisis, my fear is that in some moment OF
national peril this decision will rise up to
frustrate its will and paralyze its arm. I hope
it may not prove the first step toward sub
mergence of the liberties of the people in q
sordid despotism of wealth.
Justice White stated his views briefly.
From first to last, he said, the opinion of
the majority was but series of contra
dictory propositions, one eating up and
destroying the other. Speaking of the
grounds upon which he dissented, Mr..
White laid great stress on the Hylton case,
and re-enunciated the legal points he had
made in his first decision in the case. In
conclusion he said:
The injustice of the conclusion points to the
error of adopting it. 1t takes invested wealth
and reads it into the constitution as a favored
and protected class of property, whilst it leaves
the occupation of the minister, the doctor, the
professor, the lawyer, the inventor, the author
| the merchant and all the various forms OF
human activity upon which the prosperity OF
| people must depend subject to taxation with
out apportionment.
| The absolute inequality and injustice of tax
| ing by reference to population and without re
gard to the amount of the wealth taxed is sc
| manifest that to admit the power to tax and
| limit to this mode substantially denies the
power itself, since it imposes restriction
which renders its exercise practically impossi
| BILE.
A few extemporaneous remarks were
made by Justice White after the reading
of his written opinion. He spoke of the
decision as blow struck at the American
people, and said the power Of levying an
| income tax now left could only be exercised
with such injustice that no legislative
body would dare attempt to exercise it, fol-
such an attempt would bring forward q
| bloody revolution.
The San Francisco call., 1895-05-21
CLEVELAND GUSTS MEADE
The Order Retiring the Admiral
Accompanied by a
Rebuke.
Regrets That a Brilliant Career
Should Be Tarnished by Dis
graceful Conduct.

WASHINGTON, D. c., May 2O.-The
President has signed an order directing
Admiral Meade to be retired.
Admiral Meade's application for retire.
ment was made to the Secretary of the
Navy on May 9, and by him forwarded to
the President, who to-day returned it to
the Navy Department with this indorse-
ment:
The within recommendation is approved,
and ear-Admiral Richard w. Meade is hereby
retired from active service in the navy, pur-
suant to Section 1888 of the Revised Statutes.
The President regrets exceedingly that the
long active service of this officer, so brilliant in
its early stages, and so often marked by
honorable Incidents should at its close, be
tarnished by conduct at variance with his COM
mendable career and inconsistent with the ex-
ample which an officer of his high rank should
furnish of submission to restraints and of a
wholesome discipline and manifest propriety.
GROVER CIEvRLANn.
The San Francisco call., 1895-05-21
WON IN THE FIRST ROUND
Pugilist Maher an Easy Winner
in the Fight With
Marshall.
The Irish Boy Knocks Down His
Opponent Five Times In Less
Than Minute.

CoNEY ISLAND, N. Y, May 2o.-The
bouts tonight at the Sea Beach Palace
were witnessed by big crowd. Champion
Corbett was among the spectators.
The first bout on the programme was a
ten-round contest at 10 pounds between
Maxey Haugh of Brooklyn and Dolly
Lyons of New York. The referee declared
Lyons the winner.
The second bout brought out Joe Dunfee
of Syracuse and Dan Creedon of Australia
for twelve rounds at 100 pounds. Creedon
won.
The Marshall-Maher fight was next in
order. 1t was announced that Paddy
Ryan would. challenge the winner. Mar
shall was extremely fat. Maher went at
him like cyclone and rained right and
lefth and blows on his head and Jaw.
The Briton went to his knees four times.
and then went down and rolled over on
his back. Referee Eckardt saved him
from a knockout by stopping the bout in
the first roun at the end of forty-fiye sec
onds, declaring Maher the winner.
The San Francisco call., 1895-05-21
FULLER's OPINION.
Unconstitutionality of Portion of tn
Law Necessitated the Death of
the Whole.

WASHINGTON, D. c., May 2o.-Imme-
diately on the convening of the court,
Chief Justice Fuller read the income tax
opinion. He said:
Whenever this court is required to pass upon
the validity of an act of Congress as tested
by the fundamental law enacted by the people,
the duty imposed demands in it's discharge the
exercise of the utmost deliberation and care,
and invokes the deepest sense of our RESPONSE
bility, and this is especially SO when the ques-
ton involves the exercise of great govern
mental power and brings into consideration,
as vitality affected by the decision, that COM
plex system of government so sagaciously
framed as to secure and perpetuate the inde-
structible Union composed of indestructible
States.
We have, therefore, an anxious desire to
omit nothing which might in any degree tend
TO elucidate the questions submitted, and
aided by able arguments embodying the fruits
of elaborate research, we have carefully re-
examined these cases, with the result that,
while our former conclusions remain un-
changed, their scope must be enlarged by the
acceptance of their logical consequences.
Our previous decision was confined to the
consideration of the validity of the tax on an
income from real estate, and on income
from municipal bonds. The question thus
limited was whether such taxation was direct
or not in the meaning of the constitution, and
the court went further as to the tax on in
comes from real estate than to hold that it fell
within the same class as q source whence income
was derived; that is, that the tax upon realty
and the tax upon receipts therefrom were alike
direct; while, as to the income from municipal
PONDS, that could not be taxed, because of the
want OF the power to tax the source, and no
reference was made to the nature OF the tax as
Delng direct or indirect.
ne are now permitted to broaden the field
OF inquiry and determine whether the tax
snau De derived from rents or products or
other"lse OF real estate or stocks other
iorms OF personal property. We are unable to
cohcIude that the inforced substraction from
the yieio OIL all owners of real or personal prop
cry IN the manner prescribed is so different
Hoh the tax upon property itself that 1t is
no' an inulrect tax in the meaning OF the
constitution. The words of the constitution
arc W De taken In their obvious sense and
nave a reasonable construction. We know
no other reason for holding otherwise than
that the words "direct taxes, on one hand and
"Dutch imposts' on the other were nsed II, the
constitution In their natural and obvious
senses, nor in arriving at what those termsem
brace do we perceive any ground for enlareinp
them beyond or narrowing them within the
natural and obvious import at the time the
constitution was framed and ratified. And
passing from the text we regard the conclusion
rehcned as inevitable, when circumstances
which surrounded the convention and CON
trolled the action and view of those who
framed and those who adopted the consti-
tuition are considered.
The Chief Justice discussed the reasons
The San Francisco call., 1895-05-21
FINDINGS OF THE COURT.
Text of the Decision Which Rendered
the Income Tax Null and
Void.

WASHINGTON, D. c., May 2o.-The
conclusions of the court on the income
tax were as follows:
First-We adhere to the opinion already an
nounced that taxes on real astate, being in
disputably direct taxes, taxes on rents and on
income of real estate are equally direct taxes.
Second-We are of the opinion that taxes on
personal property or on income personal prop
erty are likewise direct taxes.
Third-The tax imposed by sections 81 to 81,
inclusive, of the act of 1894 so far as it falls on
the income of real estate and on personal prop
erty, is a direct TAX within the meaning of
the constitution, and therefore unconstitu-
tional and void, because not apportioned ac-
cording to representation. All these sections
constituting the entire scheme of taxation are
necessarily invalid. The DEGREES hereinbefore
entered in this court will be vacated
The San Francisco call., 1895-05-21
HARLAN DISSENTS.
He Declares the Decision Strikes at the
Very Foundation OF National
Authority.


WASHINGTON, D. c.. May 2O-The
Chief Justice was Immediately followed by
Justice Harlan in dissenting opinion.
Justice Harlan said that at the former
hearing it had been adjudged that a tax
on rents was a direct tax and must be
apportioned among the States. He had
dissented from that view, concurring in
the able opinion of Justice White, to
which he thought nothing could be added.
He wanted, however, to add an additional
authority, the opinion of Justice Strong.
in the case of Clark VS.. Sickle, which he
quoted at some length. He said this de-
tualIy all incomes could be taxed.
Mr.. Harlan said he would later file an
opinion giving his views in detail, and
his views as now printed will be of q gen
eral character.
capitalization taxes and taxes on land.
he contended, should be considered as
direct, and they had been uniformly held
so to be. He quoted from the views of
Justices Iredell, Patterson and others on
the operation of the constitutional pro-
vision as to the apportionment, holding
that the rules had been consulted only
when it could be reasonably applied.
The changes contemplated from the
former practice in this matter, Justice
Harlan said, were little less than a reyela-
ton. Every one comedies the decisions in
former cases would have been the same as
they were if there had been no reference in
the constitution to direct taxes. He held
the tax on rents to be duty. or something
entirely different from tax on land from
which rent was collected.
He combated the idea that rents were a
devise Of lands, in view of the fact that the
present law was to continue in operation
The San Francisco call., 1895-05-21
CHARLES PIERS SHOT.
Ex-Omcer Dalton Turns His Pistol
Loose in a Saloon.


Loose in a Saloon.
Charles Piers of 715 Howard street, en-
ployed by W. & J Sloane Furniture Com
pany, GAL Market street, was shot shortly
after midnight, in the saloon of John
Kelley, 715H Howard street, by John Dali
ton, an ex-police officer and until recently
driver of the Southern Police Station pa
troll wagon.
The trouble between the men is said to
have arisen over woman. They got into
a dispute, but before they came to blows
Kelley jumped between the two men. but
Dalton fired over his shoulder, claiming
self-defense.
The bullet entered Piers nose and lodged
under the eyelid. He was taken to fhe
Receiving Hospital, where DIR. Pecht ex-
tracted the lead.
Dalton was arrested and booked at the
Central Station on charge of assault to
murder.
Piers is cripple, having lost all the fin
his wound is not considered dangerous.
The San Francisco call., 1895-05-21
CONFIDENT OF VICTORY.
General Gomez Says the In
Surgents Are Certain of
Final Triumph.
FEED BUT A SMALL ARMY
Spain, on the Other Hand, Must
Maintain a Large Force in
the Field.

NEW YORK, N. Y, May 2O.-Advices
at the Cuban revolutionary headquarters
In New York state that Gomez has in
structed all insurgent bands of 100 men
and upward to send delegate to the
general assembly, which will meet at
Yara in June, to put into execution
the declaration of independence and
form definite provisional government.
The Cuban chiefs have great hopes that
the United States Government will recog-
nize them as belligerents at the next
session at Washington.
The San Francisco call., 1895-05-21
Can Collect the Insurance.

ST. LOUIS. Mo-, May 2O.-Judge Priest
to-day gave Minnie Robinson Judgment
for $5375 16 against the United States Mu-
tual Accident Association. This estab-
fishes the proposition that a woman who
is engaged to marry a man has an insura-
BILE interest in his life.
The San Francisco call., 1895-05-21
AMERICAN aoRsEs IN BERLIN.
Michael Dtcyer to Enter String of
Kentucky Ihoroughbreds.

NEW YORK, May 20.-A special to the
Herald from Berlin says Michael f. Dwyer,
the turfman, has bought in America the
horses Bonnie Bell and Yantar from the
Woodbury. Farm, Lexington, KY, and in
tended to start them in the trotting races
in Berlin, and also in the races at the COM
ing trotting meeting in Munich under the
patronage of Prince Arnulph of Bavaria.
The good sport and large crowds at the
trotting races here attest the rapid growth
OF trotting in Germany, and surprise is ex-
pressed that there are not more American
horses here to take part in the contests.
The San Francisco call., 1895-05-21

the Chippewa Valley bank for James NJ.
Dulaney, Mayor of Rice Lake, charging
him with passing.a a forged note on the
bank for $4,000, signed by his father, W. H.
Dulaney, a well-known lumberman OF
Hannibal, Mo. Mayor Dulaney was
brought here under arrest.
The San Francisco call., 1895-05-21
Condition of the Tren,,,r,,.

WASHINGTON, D. c., May 2o.-To-
days statement of the condition of the
treasury shows: Available cash balance,
$1S2, $40, 900; gold reserve, $97, ,153, ,249.
The San Francisco call., 1895-05-21
DIED.

DIED.
KUHN-7In this city, May 20, 1895, W. F. Henry
huhn, beloved son of Henry and Anna Kuhn
ana brother OF Mrs. b. Taylor and Emma and
the late Fred Kuhn, a native of San Francisco
aged Il years months and 15 days.
The San Francisco call., 1895-05-21
arrested for Forgery.

EAU CLAIRE, WIS, May 2O.-A war
rant was issued tonight ON complaint of
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

The statement given by Territorial
Treasurer, J W. Whitehead, Jr., Of re-
ceipts and disbursements of school
money Is one which should be taken
care OF and studied by the people OF
Utah. II shows who pays the taxes
and who receives them. 1t reveals the
significant fact that some inch who
have .red when speaking to the people
on the principle OF bounties made some
gross Misrepresentation about the per
sons who pay the bounties. This table
not only shows that the rich counties,
and that means ths property is owned
by individuals or corporations, pay tho
bounty ii there be one in the Territory
for the poorer counties and pay for the
education Of the children ir those coun-
| tics also This statement shows that
there are counties that receive more
back in school money than they pay
/ into the treasury in school and territor-
ial taxes combised, and yet some men
lave labored in this territory hard to
Try and make the voters believe that It
was the poor who pay the bounty which
goes into the pockets Of the rich. This
statement smashes such a theory and
points out beyond doubt that the men
Of property pay the taxes for the benefit
Of those who are poor or have NJ psor-
erly that can be taxed. This statement
rcyerses the idea that some people seem
to entertain that the many are taxed
for the benefit OF the few, and indicate
that the few are taxed for the benefit OF
the many. All those in Utah who feel
1t is right that men Of means should be
forced TO start industries for the benefit
Of the people who need employment
should study this statement for in i
there is the key how this thing II, o.
can be accomplished
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
Erow's Thisl

We offer One Hundred Dollars reward
ior any case Of Catarrh that cannot be
cured by Halls Catarrh Cure.
F.J. CHENEY & CO., Props. Toledo
%.
We the undersigned. have known +
j. Cheney for tho last Is years, and
believe him perfectly honorable in all
business transactions and financially
able TO carry out any obligation made by
their firm.
West & Truax, Wholesale Druggists,
Toledo, o.
Walding, Kinnan & Marvin, Wholesale
Druggists, Toledo, Ohio.
Halle Catar'h Cure IL taken internall,
acting directly upon the blood ant
mucous surface OF the system. Pric,
zoe. per bottle. Sold by all druggists.
Testimonials free.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
Notice from U. S. Land Office.

Salt Lake City, Utah, April 10 o.
The United States Surveyor General for
Utah Territory has filed in this office the
following agricultural plats, (fractional) :
Township South, Range West Town.
ship South, Range Vest Township
] south, Range West; Township !
South, Range 2 East; sownship South,
Canee East; Township south, Range
! Eas. townships South, Range East !;
Township 10 South, Range East Town.
ship II South, Range East Township
- South, Range 10 East; Township ~
South, Range IL East; Township 10
South, Range o East; Township l6
South, Range East. Notice is there
fore hereby given that on and after
May 20, 1896, this Office will receive APP
plicaiions nor the entry OF lands in said
townships.
Byron Groo, Register.
Frank Harris, Receiver.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
We Object:

In the schedule reported by that com
mitteo to the convention on Friday, in
section the following sqpcErs "And
the votes cast at said election shall be
canvassed and returns made in the same
manner us was the election for delegate, &
to this convention" That's too tough
for Utah county, say nothing Of Salt
Lake and San Pete counties. Too many
broken keys and unlocked boxes for the
voters OF these counties.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
THE HIGHEST AWARD.
Dr.. Price's Baking Powder Receives 1t.
lChiodgo TSIb3ne.l

ltH,eoV AVONHcsI
For leavening power, keeping qualities,
purity and general exceilence the
Worlds Fair jury decided that DR..
Prices Cream Baking Powder had no
equal, On each Of It's claims it was
awarded first prize or q diploma. All
the baking powders entered for prizes
were subjected TO q most exhaustive
examination, apd the jury was the best
equipped to make decision OF any ever
got together. Their verdict wss sup
ported by the testimony OF DR.. ii. W.
why, chiefchemist OF the United States
Department OF Agriculture at Washing
ton. DIR. Wiley is an exper, on food
products and the highest authority on
such matters 10 America. This verdict
settles long debated question as to
which among tho many baking powders
10 the best.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
Notice for Publication--Timber Culture
U. S. Land Office !
Salt Lake City, Utah !
Marcel, IN ISQr

Complaint having been entered al
this Office by Charles Balmforth, jr
against Henry Lewis for failing "a
comply with law rs to Timbcr.C Culture
entry No. III, dated March ~, 1887
upon the lots 2 and and S w a OF N 4
d and L 4 Of n VIZ Section 2, Town.
ship S RI W, in Utah County, Utah
Territory, with aview to the cancellation
OF said entry; contestant alleging tina
entryman has tailed to comply with To,
law as TO said timber culture entry il
thai he has never plowed OF cultivated
any portions OF said tract, nor planted
thereon any trees, tree seeds or cutting
nor caused the same to be done, The
said parties are htreby summoned to
appear at this Office on the 9th day o.
May, 1895, at l0o'clock q. m, to RESPOND
and furnish testimony concerning sale
alleged failure.
Byron Groo,
Wilkes 4 Kearful, Register
Atty's. for Contestant,
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

Frank shepardson, an engineer o.
the Southern Pacific Ry who reside,
at Los Angeles, Cal was troubled with
rheumatism for long time, lie VS.,
treated by several physicians also visiiei
the Hot Springs, Int received nc
permanent relief until he used Cham.
berlain's Pain Balm. lie saws it is the
best medicine in the world for rheumr
tism. For sale by d T. Ellingson.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

None bat male citizens p years of age
aro toyote ON the constitution. The
agreement OF tho delegates TO such a
measure shows thcir good sense. a
man with ordinary intelligence ought to
be ablo to see chat females have no right
to yoteat the election.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

All American woods are suffering from
the competition Of foreign woods, cs-
pecialiY from Australia. The increase
in the IMPORTS OF Australian has been
tremendous The receipts OF foreign
wool since January 1T at New York
alone has been five times that OF the
same period in 1884.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

Topples Coop will be headquarters
Tor garden seeds again this year, We
have made arrangements with the
argest aeed'hous4 in the west and will
give moreand better seeds ior the money
than any other house.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
No,ics for Publication -asss,
U. 5. Land office,
Salt Lake City, Utnh,
ADril ~. lSQ5.


Salt Lake City, Utnh,
April ~, 1895.
Notice is hereby given that thu
iollowing-named settler has filed motto,
o. his Intention to make final plocf in
support OF HE claim, and that said proof
viii be made before the register and
receiver of he U. 8. Land office al Sal,
Lake City, Utah, OH June S, 1855, viz
Jo'erh NJ, Bouller, II. L No. S6ls, fcl
the lots 3 and a, aud s q X W 4 Sec.
I, Tp4 RE.
lie names the following witpesses to
prove his continuous residence upon and
cultivation Of, said land, viz; James b
Crossgroye, Peter N. CART, Friedrich Il
sadler and Jasper Conrad all OF Draper
salt Lake County, Utah
Byron Groo, Register
First publication May 2, 1901
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

THE Aaaual report OF the Utah
EAganmen. station has Just been re-
csiyaltuieom.e. Tie report of the
Diro uoas Aatlaers isan increas-
iAs interest amoaeasficultur!sis in the
Observation-Disclosures q. bs Station ue
demand ior l.e publications of the sta
Uou louu aus,aeaeh r.rnlar issae to
reach J5gg copies On ui. account ID
sass,s..4 Ua. %. Territory small os-
sama ,aa ,spgass Of publishing thc bul.
laa Ils creation of ii Territorial
Ioml u Agriculture, and the official
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

It.tho oriaion tha. Utah woods are
th Yca GHer thau the average oad al
grades vili 1csct upo notch in the favor
81 b1yers.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02

Don't forget to read the - g. Seq
Lily mems shoes and Distrio. 70 school
hoes. They are cold a. the Coop.
The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-02
Byron Groo,

Wilkes x keGrinl, Register
Atty's. for Contestant,