davidaulloa/AmericanStories huggingface dataset:
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

saws less in view of questions of such
gravity that go to the very foundation
of the government. If the provisions
of the constitution can be set aside by
an act of congress, where Is the course
Of usurpa ton to end? The present as
sault upon capital is but the beginning,
II will be the stepping stone to others
larger and more sweeping, iii our 20
litical contests will become a war OF the
poor against the rich; a war constantly
growing in intensity and bitterness.
eff the court sanctions the power or
discriminating taxation and nullifies
the uniformity mandate Of the constl-
tuition as said by one who has Seen all
his life a student of our institptions.
il will mark the hour when the sure
decadence OF our present government
will CO.. mence.
PURELY ARBITRARY.
eff the purely arbitrary limitation
Of 81. 600 in the present law can be sus-
tanned none having less than that
amount OF property being assessed or
taxed for the support Of the govern
ment the limita ton OF future congress
es may be fixed at a much larger sum,
at five or ten or twenty thousdnd r"i-
lars parties possessing that amount
alone being compelled 10 bear the bur
dens Of our government; or the llmi-
tation may be designated al such an
amount as "A board Of walking delegates
may seem necessary. There IS no safe
" on allowing the limitation 10 be ad-
justed except in strict compliance with
the mendates Of the constitution. which
require its taxation TO be uniform IN
opera ton and so far as practicable In
proportion 10 their property, equal up
on all citizens.
Unless the rule OF the constitution
governs, a majority may fix the linnita-
tiOn at such rates as VIII not include
any Of their own number.
L am of the opinion that the whole
law of 1894 should be declared void and
without binding force-that part which
come from real estate, that il. 50 much
as Constitutes the direct tax. because
not Imposed by the rule Of appcTtion-
;neut according 10 the representation
f. the states. as prescribed by the con
stitUtiou-and that part which imposes
a tax upon the bonds and securities %
the several states and uE-on The bonds
and securities Of their municipalities.
a. being beyond the power Of congress
- impose. and the Law. as Tor as u i'm
poses duties. iWpGsts and @Ncis@s. as
VOID in not providing for The unilOrIni-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
FATE FORETOlO BY MolES.
Latest Wrinkle OF the Fortune rsllero-
Have Prepared Diagrams.

Gotham is just now overrun with
these parasites, says 4 New York pa
per. The nonsense of fortune-tellsng
is enc In which not only the ignorant
indulge, but the daughters Of wealth
and education are addicted to IT, A
surreptitious visit TO fortune teller Is
one of the common escapades of society
matrons and maids, and anything new
in that line is bound TO recompense It's
operator. A New York astrologer has
set up . curious variation of his bESi-
ness Of humbug, and his speciality 10
the telling of fortunes by means of
moles- He pretends TO be able tn read
character and make prophecies by
means of these blemishes of skin. 1t
would bother other than an ingenious
man to put this metho! into practical
use, but the difficulties are surmounted
by the professor in question Tie has
printed on cards four outlines of the
female human figure - showing the
form from each point of the compass,
so 10 speak. His clients on their frs.
visit are provided with a set of these
cards, which they must take homo aud
marx Just In the right kpot Win tho
moles they happen To bear. They then
return TO the fortune teller and he
reads their attributes and destiny from
the diagrams thus filed out A mole
on the shoulder means one thing, one
on the side has q, Totally diferen; in
depreciation, and so on through n vast
number of locations and combinations
The fellow has adapted himself 10 his
particular humbug by growing n ire
mendous beard, whihh makes him look
like a wise man of the east, and no
wears an oriental robe. which In
creases his impressiveness. His gravity
Is perfect; he talks like an educated.
man, and he Ia doing an immensely
lucrative business, his price Is two dol
lars and his customers 10 many that
usually one has To wait In the ante
room An h@>sr f~- an endisnnA-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

sense is a tax on land as such 1t
places no burdens on real estate if it
is not rented. or if the rent is not COL
lected, or if the owner occupies his land
himself. 1t puts no direct burden on
land under any circumstances, for it
allows the deduction from the income
derived from land and all other sources
of $1,000 as Well as all expenses in
CURED in the transaction OF business
The fallacy of the opinion, as see il,
lies in the assumption that the conSti-
tuition forbids an indirect taxation Of
land by the federal government with
out apportionment among the states.
In my Judgment the position here as
sumed is full OF danger TO To our in
situations. The august power lodged
in this court of passing upon the con-
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
COUNCIL PROCEEDINGS.
(Omcial)

(OficiaL)
City Clerks Office.
April 5. 1898.
Council met according To law as a
board OF canvaSSers To canvas the re-
turns of the election held April ., 1895.
The mayor appointed on motion Of
Councilmen Oliver, lines. Maxwell and
Oliver as tellers. The result OF the
election was as pronounced by the tel
lers as follows. to-wit:
For Mayor. VI. Cox, 2,20S: w. ".
Parkinson, 1,577. Cox.s majority 90 SsS
Adams. 2,I4o; Dean Gordon. 1.is2.
Adams. majority, Jos.
For city cIerk-C. s. Smith, 2.1e3:
Peter Getto, l.i59. Smiths majority.
66f.
For city treasurer-Finlay Ross,
1859. No opposition.
For councilman, First ward. X
Sawyer, il3; c. y. Colhoun. 23l. Saw
yer's majority. 1sc.
For councilman. Second ward. W.
Shultz, 500. No opposition.
For councilman, Third ward-J l.
Francis. 404; j. II. Mccall, S56. Fran
els majority, AZ
For councilman. Fourth ward-W. r.
Throckmorton, i66: W. II. Graves. 20
Throckmorton's majority 2is.
For councilman. Fifth ward-F.
NJ Handlcy, 400. No opposition
For councilman, sixth ward-Iamos
Burton. 3ly; w. + Cleveland, 1'5-
BurtOn's majority. 1T.
on motion OF Councilman Mclean
the following resolution was adopted.
BE IL resolved. BY the mayor and
council Of the city Of Wichita, Kan,
acting as a board OF CanVassers 20 can
vas the returns az the election held
April ?, 1895. that We hereby declare the
following named persons elected 10 tho
following Offices. and that a certificate
OF election he 10 them signed by the
mayor and city clerk under the seal
OF the city. to-wit,
Mayor. u Cox.
CITY attoruey-George ". Adams
City clerk-C. :. Smith.
city trea surer-Finlay Ross.
Councilman. First ward. X. Saw
yer.
Councilman, Second ward-J. ".
ShuItZ-
Councilman. Third ward-J. l.. Fran
els.
Councilman. Fourth wsrd-w. r.
ThrOckmorton.
Councilman. Sixth ward-James Bur-
ton.
Councilman, Fifth V-ard-F. ". Hand
ley.
All in the city % Wichita.
on motion OF Oliver counc! ADJOURN
ed. L. N. cox. Mayor.
Attest: c. s. SMITH. City Clerk.
THERE are some communities IN which
Solomon would not have been considered
susart-ISaTn's Horn.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

stitutionality of acts of congress has al
ways been discreetly and carefully eX-
ercised. | believe this is the first case
in our history where authority which
has been conceded to congress by near
" one hundred years of acqpiescence.
in all departments of the government.
end has been sanctioned by repeated
aGiuCiica tons of this court, has been
judicially denied
JUSTICE HARLAN'S OPINION.
Justice Harlan in his dissenting opin-
ion said: Passing by the question of
the jurisdiction of the courts of the
United States to enjoin the collection
of the taxes on incomes imposed by
the act I am OF the opinion:
First-That upon principle as well as
under the former decisions of this
court. a tax on gains. profits and in
comes derived from rents OF land Is not
a direct tax on land within the meaning
of the clause of the constitution pro-
viding that direct taxes shall be APP
portioned among the Several states ac-
cording to their respective members.
''Second-That unver numerous de-
cisions of this court, the interest of in
come derived from bonds issued by a
municipal corporation of a state is not
the subject of specific taxation in any
form, or for any purpose, by the United
States any more than the interest of in
come directly derived from state bonds
is the subject of national taxes. Upon
the two questions referred and to which
alone, so far as the merits are concern
ed, the opinion of the chief justice is
directed / am in entire accord with
Justice White.
Justice Field rendered a dissenting
opinion. He said: Il am of the opin-
ion that the whole law OF 1894 is null
and void" Justice Field laid stress
upon the fact that the law does not
exempt judges of the United States
court from the payment of tax 1t was
not right, he said that the supreme
court should remain silent and make
no protest when many United states
judges drawing small salaries would
not be affected because of the law.
and he called attention to the letter
once written by Chief Jusice Chase to
the treasury officials protesting against
the deduction of income tax from the
salaries of the United States judges.
The dissenting opinion delivered by
Justice Field. the oldest member of the
court, was an exhaustive review of the
case and the principles involved in 1t.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

Some decisions of the court, he said,
had thrown some doubt upon the
meaning of direct taxes but in the
discussions of the British parliament,
the income tax had always been con-
sidered a direct tax, while the tax upon
real property, its rents and income, had
bv universal consent been recognized
TO he a direct tax.
Justice Field said: Exemption
from the operation of tax always
creates inequalities. Those not eX-
empted must in the end bear an addi-
tional burden, or pay more than ther
share. \ law containing arbitrary eX-
emptions can in no just sense be term
ed uniform. We do not think that con-
gress has rightfully the power at the
expense Of others owning property of
the like character. to sustain trading
corporations such as building and loan
associations, savings banks and mu-
tual life, fire, marine and accident in
surance companies. formed under the
laws of the various states, which add
interest and exist solely for the pc
cuniary profit of their members.
CLASS LEGISLLATION.
Where property is exempt from tax
alton, the exemption, as has been justly
stated. must be supported by some con-
sideration such that the public and not
private interests will be advanced by
it. Private corporations ana private
enterprises cannot be aided under the
pretense that it is the exercise of the
discretion of the Legislature TO exempt
them.
The income tax law under consid-
Grafton is marked by discriminating
features, which affect the whole law.
II discriminates between those who re-
ceive an income of $4,000 and those who
do not II thus vitiates. in my judg-
ment, by this arbitrary discrimination
the whole legislation. The legislation,
in the discrimination If makes, is class
legislation. Whenever IL confers on
any citizen by any reason Of their
birth. wealth or religion, ii is class
legislation and leads inevitably to OPP
preston and abuse and To general un-
rest and disturbance in society. 1t Is
hoped and believed that the great
amendments 10 the constitution which
followed the late civil war had reud-
cred such legislation impossible for all
future time. But the objection about
legislation re-appears in the act under
consideration. II + the same in es-
sential character as the English statute
OF 1861 which taxed Professionals al n
certain rate. Catholics. a. class, AZ
double the rate OF ProtestanIs. and
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
MUSIC AND DRAMA.
LILLY CLAY COMING.

4 thoroughly up-to-date organiZa-
ton is the Lilly Clay Colossal Gaiety
which will be seen at the Crawford
Grand. The company is composed of
a colossal gathering of the best stars,
who are popularity known among the
Vaudeville patrons throughout the
country. a mOmentary glance at the
makeup of the performance, is at once
assuring of the worth of the show. In
selecting his company Manager Semon
displayed a sound judgment and keen
knowledge of what the public want to
hear and see. He has engaged those
sterling stars of traVeSty and burleque,
Evans and Huffman. They are hand
some, dashing young women who ere
ated a furore at the metropolitan
houses of Vaudeville quite recently in
their unique specially. they look pert
and piquant. dance with all the nimble-
ness of the Partisan danSeuSe. and sing
with the chic and vim which character
ICES the clever comedenne of today.
Nothing could be more imposing than
the novel display of costumes worn by
these young ladies during the perform
ance of their speciality. They will be
heard in number of new songs which
will surely catch the ear of the whist
Ter Arnold kilralfy. with his famous
ballet troupe in a series of exquisite
dancing diversion. form an attraction
formidable in the Vaudeville line.
Mile Kate Pembroke surrounded by a
dozen of charming maldenS pictur-
esquely arrayed will take part in the
dancing tableauX presented by Mr..
Kilralfy. Scenic Splendor is ShowerSd
on this clever Groupe while they are on
the stage. completing a picture unique
as it is beautiful. Tim Cronin. who is
without question the most entertain
ing comedian in comedy sketch work,
to be seen at the present time. has
something novel in his line. Perhaps
the most phenomenal man Of muscle
on the stage today is Marvellous Mel
vile. who has tupefied and astounded
the world with his amazing feats. Emil
nent physicians have testified that he
is the most remarkable specimen of
human physical development they
have ever seen. The dashing vocalist
Marie Carr. has already made a repu-
tation as a popular singer, she has lost
none of her old time chic. Nivacious
Kittie Clements is Yet without n peer
in this country. as rope dancer. This
nonpareil performance opens with a
prettily staged comedietta entitled a
Lawn Party" and closes with an eX-
traVaganZa Of musical excellence en-
titled Don Dose" in which the entire
| company breaks in with humor, SONG
and dance galore.
THE GOLD CURE.
The Americas Farce Comedy com
pany will present the newest thing in
the comic line. entitled The Gold
! Cure at the Crawford Grand next
/ Friday evening. The piece may be de-
/ scribed as a satire on the famous keely
treatment. and like all OF Hoyts skits
serves for the Introduction of series
( of high class specialties by a company
! of artists supreme, headed by the
4 Americas Comedy quartette. singers
/ and comedians from Roster & Biars
/ y. y.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
SCOTTISH RITE MASONS.
Semi-Annual Meeting Commenced at the
Cathedral Yesterday.

The semi-annual meeting OF the
Scottish Rite Masons of this jurisdic-
ton was commenced in this city yester-
day and the degrees Will he conferred
on the following gentlemen:
]. c. Post. Kingfiisher. Q. T: \. c.
jones'. j. II. Black. Howard l.. Case. |.
Goidstandt, John Il. Carey, G. III. Pool,
Samuel Mountain, William l.. HUT
man, c. +. Fulton. O. II. Bentley, O.
X. Salmans, w. J. Carr, =. +. Mclean,
city; w. :. Dix. Newton. Kan; II.
Juneau. Dodge City, Kan; J. NJ. Cooper
Baxter Springs, Kan; j. u. Griffin,
Junction City. Kan; Thomas L. Eaton,
Theo. j. Reed. Winfield, Kan.
The visiting brethren were: Harper
6. Cunningham. thirty-third degree.
deputy inspector general for the terri
tory of oklahoma, Of Guthrie; Luke
Ellison. Oklahoma City; u. H. Miller.
Guthrie; James \. Corey, Samuel J..
Busser. Dodge City; II. {. Loomis. r.
i. Greer. Winfield; y. X. Glazier, New
ton; +. :. Peck. Edmund. O. T., and
SeVenty-fiVe local men.
The fourth, fifth and sixth degrees
were worked last night with Henry
WallenStein. venerable master of Elmo
Lodge of Perfection. in charge. Fine
music under the direction of w. NJ.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

the Judges clearly showing that the
word direct" in the constitution had
a technical meaning.
Seventh-From the date of that de-
cision to the present time the authori-
ative writers of the constitution have
agreed that it's effect was to give a
peculiar significance to the word
direct" as used in the Constitution;
and it is by reason of this peculiar"
significance that it has been settled
that an income tax may be levied by
the federal government.
Eighth-The significance attached to
the word direct in the constitution
by this court nearly hundred years
ago was acquiesced in and adopted by
the other departments of the govern
ment.
Ninth-F'rom 1861 to 1868 many acts
were passed by congress levying an in
come tax These acts imposed tax
upon incomes from every source. They
were passed by overwhelming ma
iOrities and their enactment demon
strates the consensus of opinion in re-
garding the effect Of the Interpretation
of the constitution made by this court
many years before.
Tenth-Every case in the lower
courts involving the validity Of these
laws which can be found, was decided
in their favor.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

value of the incumbered farms and
homes, and this debt bears interest at
the average rate of 6.65 per cent. Each
owned and incumbered farm or home,
on the average is worth $3.50, and is
subject to a debt of 81 ,25l.
In regard to the families occupying
farms. the conclusion is that "a per cent
of the families hire and &c per cent own
the farms cultivated by them; that %
per cent of the owning families own sub
ject to icumbrance and y per cent own
free Of REMEMBRANCE. Among 100 fam
lilies, on the average 81 per cent hire
the farms, 10 per cent own their farms
with incumbrance and II per cent with
out incumbrance. On the owned farms
there are liens amounting to 81, 0S5, $685.
960, which is 80 per cent Of the value Of
the incumbered farms, and this debt
bears interest at tie average rate Of
7.07 per cent Each owned and inculn-
bered farm on the average is worth
3444 and ST subject 10 debt of 81 pa.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
PLENTY ABLE TO PAY.
Astets and Liabilities of the Wood Harves-
ter Company Compared.

st. Paul, Mimi, April S.-The schedule
OF assets and liabilities of the Walter
A. Wood Harvester company was COM
pleted today and put in readiness for
submission to the court. The figures
show that the concern is perfectly able
TO pay its obligations on a basis of 3 to
l, as may be seen by the following state
ment.
Assets-Cash. S2Si; notes and bills re-
ceivable, sl.O72. sos; accounts receivable,
SlS6.7l9; machines and extras in ware
house at st. Paul, S176,1l9 machines
and extras in territory, $40, 499, ma
chimes and parts Of machines in factory,
S371.255; miscellaneous property. $43 .342::
real estate. $1,022. 93S; machinery and
tools, 500, 1i9; patents, 125, 900; total, So
100 7SS.
Liabilities-Notes payable. 1857 ,162;
accounts payable, S153, 206. Total. ST.
222,369; contingent liability, $+6.3l0; to-
tai liability. $40; total 81, 16S.6z9. The
actual value of the assets is s.. $40, 2S33,
as against 81, 122, 500 actual liabilities.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

Justice White then reviews each or
the previous decisions of the supreme
court in similar tax cases and adds:
'"These repeated decisions, ii seems
to me, remove the case from the do
main of the controversy. The decree
here rendered does not oVerrule these
cases directly, but in my opinion, it
does so by indirection.
The decisions cited here determine
not only that d general income tax is
constitutional without apportionment,
as being an indirect tax, but that the
inclusion therein of the rentals of real
estate does not make it direct
THE opinion of the court today in
holding that the inclusion of the rentals
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
THE WEATHER.

Local forecast for Wichita and vicinity:
Fair; warmer Tuesday night and We'd
Eesday.
During the past twenty-four hours the
highest temperature was 81; the lowest
a, and the mean 81. with clearing weather
rising barometer and fresh north wind.
Total rainfall since April 1st, y inch
Thus far this month the average tenn
perature has been %.
For the past six years the average tenn
perature for the month of April has been
81, and for the 9Th day 81
FRED l.. JOHNSON.
Observer.
For Kansas-Fair; warmer; variable
winds.
For Oklahoma-Fair; warmer in eastern
portion; variable winds
For Colorado-Far; warmer; variable
winds
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
FREE PILLS.

Send your address to II. T.. Bucixien
& Co, Chicago. and get free sample
box OF DIR. Kings New Life Pills. A
trial will convince you of their merits
These pills are easy in action and are
particularly effective in the cure of Con
sumption and Sick Headache. For Ma
laria and Liver troubles they have been
proved invaluable. They are Suaran-
teed TO be perfectly free from every de-
letrious substance and TO be purely
vegetable. They do not weaken by their
action. but by giving tone to stomach
and bowels greatly invigorate the sys-
TEN. Regular size 25c per box. Sold
by Druggists Charles Lawrence and u.
Gehring.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
-7H-HHa----=-7sEa===
Ife Had Had kaough.

Sympathetic Old Gentleman (sf,sr
the shindy}-Why, my good man. yov
are frightfully used upl WI you not
sue your antagonist for damage2
O'Toole (wiping blood from his face
damage. is it7 Begorra, wild the loss
av an ear an two teet'. an wan av me
Dyes half gouged out o ycz think o
hoven't damage enough. sor2-JudgsL
Old Friend-Did you bring over any
extra luggage with you this tissc frog
Paris?
Countess 50. G~rrnalnc nee de Bill
ions)-Oh, no; nothing excep: the count
N. \. World.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
THE GOLD CURE.


Il see by this here paper" said the
deacon, that Molly Spinks is gone an
got married to count"
$50 I've hearn.' replied his wife.
"but / don't see why she didn't STAY
home and marry Bill: he's purity good
at figgers, an kin count well as any Of
EN-. Atlanta Constitution.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

Of lands in income tax renders the tax
direct quod hoe, not only reverses the
decision / have cited. but involves, it
seems 10 me. a con tradiction in terms,
If the income tax. as such. levied on an
Individual according to his income is
not direct tax, how can il be said that
the inclusion therein Of rentals derived
from real estate makes il a direct tax
pro tanto2
According to the very words of the
statute this tax Is Indirect. In no
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09

Shaver wa S a feature OF last nights
program
The program for today is as follows: ::
Ten a. m.--Seventh, eighth and ninth
degree.
Two p. m.-Tenth, eleventh, twelfth
and thirteenth degrees.
Three p. m.-Fourteen the degree,
grand elect perfect and sublime Ma
sons.
Eight p. m.-Fifteenth degree of the
sword and eagle
Nine-thirty p. m.-Sixteenth degree,
Prince of Jerusalem
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-09
DEATH CAPTAIN M'NARY.
He He'd Varied and Honorable Military
and Prison Record.

Leavenworth, Kan, April S.-Captain
.. r. McNary is dead. He was 72-years
old and was barn at Washington, Pa.
He was quarermaster of the Third
brigade. Pennsylvania volunteer infan-
try, during the war and was four times
shot, and wounded by sabre. He es-
capped from southern prisons three
times and for several months was con-
fined in AndersOnVille