The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-09-17
OF TAXES.
k1lous Are Iuyolved 10 the
|lood Alcohol Cases.
CIVIL SERVICE CASE,
q, soldier Sues for Salary
ana for Reinstatement.
= u . Test Case.

September 15.--(special. y
..turers throughout the coun-
.,conol in their productions are
..ted In the forthcoming de-
4 United States court Of claims
ar. Dunlap & Co. against the
- for rebate Of taxes on alco-
them In their business. This
test case, and no matter
he court decides the question 1t
r.aled to the supreme court Of
states for final settlement.
Ian in the Dunlap case will
dscide the similar claims pend
same court. The depending
aver, although taking the usual
.,eh the court, will most prob
siiv adjusted by a commissioner.
Appointed to visit the plants Of
~ and investigate and report
sslidity Of the respective. claims
rounts for which the respective
,rought. This Ia the usual GUS
,rss adopted for settlement after
4 finally decided against the
t-where there are various suits
ne game principle affected by
mt in the test case.
,its are the outcome OF section
Wilson tariff act. which provided
Il used in the arts and for manu-
purposes should be free from
nder such rules and regulations
|efary of the treasury should pre-
~ section became the law of
"a August 2S, 1894. and immedi-
after the users Of alcohol sought
6emselves Of the law and obtain
a alcohol as prescribed by the
ion. But when they applied for
4 they were coolly informed by
Isioner Of internal revenue that
Try Of the treasury had issued no
2 under which they could obtain
4. and that until he did so they
compelled to pay this tax as here
Be secretary's excuse for not hav-
The regulations called for in sec
ps that congress had failed to
interpolation for the enforcement
Sfulations as would enable manu-
and others to avail themselves OF
Of free alcohol,
meantime manufacturers and
kroughout the country who used
their business kept record of
5ithdrawn from send and forth
kseiyes as best they could with
|po as to show that they had COM
far as lay within their power.
section 81. Growing tired of the
manufacturers and others pro-
bring suit In the court OF claims
|nele Sam to recover theSrebate to
y were entitled under such sec
beated efforts were made by R.
Co. and others for a hearing be-
court of claims, but the govern
never ready to go to trial and
)nually succeeding in getting the
bened. After two years the gov
MAS finally ready to proceed with
be. 1t was decided to make a test
Dunlap & Co. Elaborate argu-
BE made on both sides, and 1t Is
which lends additional interest to
|coming decision of the court,
)ets for the October term on the
,ext month.
Re about 1900 OF these claims upon
and the amount involved is es-
~ about $4,000, 900, Dunlap &
|m being about $4,000.
cn the inside who have followed
b all its details express the opin-
he decision Of the court Of claims
against the government and In
Pie claimants.
Iing like 1900 claims, varying In
f from 800 to $4,000. have been
Ito July "a, when the Wilson law
Paled. While It is possible the
will win their case, there is no
II the government, will take it's
y time to refund the $4,000, 900 or
? OF rebate due on alcohol used
re and for manufacturing pur-
efvice reformers are much inter-
me outcome OF the suit OF Morris
|ed In the court OF claims against
a States on July 81, 1895. The
y FENDER a decision at the COM
9 Of the fall term, which begins
n keim, who Is an ex-Union SOL
yea civil service examination
~, and was appointed a clerk Of
letter office at salary Of 5000
After serving In the dead letter
rear or SO, at his own request he
slerred to the sixth auditors Of
.ury department. On March 16,
ais own request. he was trans
I'm the sixth auditors office to
ior department and assigned to
W IN the pension bureau at a
tl2Vo per annum, he having OBJ
seral promotions since entering
zee On or about March l, 1894,
[aered reduction of salary to
u alleged this was done in order
ee others, and that on July 81
ne was formally discharged from
|spl In the government service
|lust cause.
suit keim claims that as he was
n civil service law he could not
ea from the service except upon
aerges. His record for efficiency
~, and upon this point he has
slnst the departments. The in
ysrlment, which is made party tS
entered demurrer to Keim's
|a,cn Is for $4,000, which is due
,s me date Of his discharge to Oc-
$50; keim won first blood. the
lruiing the demurrer.
NE ilrst case on record where q
~, ~ civil services who. being dis
Muout cause. has entered suit for
~ salary and other redress which
might grant-such as his REIN
alt sustains Keim 1t is probable
|sosernment will appeal and carry
~ 70 the supreme court of the
as judgment in favor OF
set precedent that will flood
with similar claims.
!