davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
CORPORATION CASE
WILL Be REARGUED

stock company or corporation, organ
lied for profit and having a capital
stock represented by shares, and every
insurance company. The tax was des-
ignated as "a special excise tax with
respect to the carrying on OF doing
business" and it was provided that Il
should be equivalent to one per centum
upon the entire net income" over and
above $4,000 received from all sources"
during the year. There were TO be
excluded from the income. however.
amounts received as dividends upon
stock Of other organizations subjected
to the tax. Exempted from the tax
were certain organizations. such as Ia
Dor. agricultural, horticultural and fra
ternal beneficiary societies.
one paragraph OF the law provided
for the publicity Of the returns re-
quired as a basis of fixing the tax.
The tax was to be paid on or before
June 30 Of each year, and the returns
for each year were to be made by
March /. II was provided that the
tax should be paid for the year ending
June 80, 1910. although the law was not
passed until August 5. 1903.
Not until shortly before the expira-
ton CT the time for tie making Of the
returns was the first move mace to test
the validity OF the tax. This movement
to test the great question about COO
poration law started IN the little town
Of Windsor. VI.
There Maxwell Evarts, a New York
lawyer, son OF the late William NJ.
Evarts, had a summer home. He had
often noticed the keen competition be-
tween the two general merchandise
stores in the town. the stone Tracy
company, corporation, and Dwight
1uNbury & Sons, a partnership con-
Germ He saw what he believed was
discrimination against the corpora
ton n Il were compelled to pay thu
tax and make public its business ar
rangements. and so accepted the posi-
ton OF general counsel FOR Stella p.
Flint. as general guardian OF the prop
erty for Samuel n. stone. Jr. a minor.
who owned stock in the Stone-Tracy
company. suit was brought in the fed
eral court by Mr.. Evarts to enjoiE the
corporation from making the returns
and paying the tax. on the ground that
the law was unconstitutional The
corporation filed q demurrer. which was
sustained and the bill dismissed An
appeal was taken to the Supreme court
The institution OF the Flint-Stone-
Tracy case was the signal for the bring
Ing Of suits in many sections of the
United States. All were decided in
exactly the same way. and almost in
variably appeals were taken to the
Supreme court The government was
allowed to intervene. Fifteen cases.
headed by the Fiint-Stone-Tracy suit.
were set up for argument on March "a.
Besides the Vermont case, those
heard were.
Wyckoff Van Derhoef Va. the Coney
Island and Brooklyn Railroad company
FRANCIS L Hine vs. Home Life In
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
WATER FAMINE IN
BENCH RESIDENCES
Pressure So Weak It Is Existent
Holidays Excuse Is
Sprinkling.

While the city council was busy last
night passing a resolution to take $685.
600 Of the waterworks bond money
TO use In extending water mains In
other parts Of the city, citizens Of the
north and northeast benches were
rustling from house to house, each
trying TO borrow a glass Of water from
his neighbor.
Some varied the program b. tele-
phoning hurry-up orders to the drug
gist for a bottle Of distilled water or
q case Of something else which might
QuenCh thirst. As for baths, the only
chance a citizen on the north bench
has Is to walt until 1 a. m, when he
may be able to fill his tub or else put
a clean suit OF underwear in a grip
and HE himself to downtown barber
shop.
This condition is a stern reality to
the citizens OF a large part of salt
Lake who have been loyalty boosting
the city as one owning the best water
supply in the United States.
Thomas HOLIDAY. superintendent OF
waterworks. says Il is all sheer and
wanton waste that causes the trouble.
The citizens who pay for water are so
incOnsiderate as to want to sprinkle
their lawns. and Mr.. Holiday says
turns his hose on before brea kfast
and lets it run all day. He will ask
The mayor today to issue a prOclama-
ton limiting sprinkling in the district
affected by the water famine with the
hope that the citizens on the bench
win be able to get enough to drink.
In the meantime gangs are working
night and day to extend the mains in
Westminster Heights. and connections
viii be made not later than Thursday
night
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01


Washington. May 31.-Pinlk Franklin.
the south Carolina negro, whose con-
vtction Of the murder of Special Coz
stable Valentine lod to an attack on
the so-called labor contract laws Of
the south. will suffer the death pen
atty, according to the decision today
OF the United states supreme court.
II was claimed by Franklin that the
constable came TO his home at night
and entered without announcing him
self as an officer OF the law. While in
Franklin's cabin Valentine was shot.
Former Attorney Sonapaite became
Interested In the cnse and filed n brief
contending chat Franklin had a right
to resist arrest, which was sought TO
be made on a warrant issued under an
unconstitutional law. This law was the
So-caIled labor contract law" which
provided that agricultural labOrers. un-
der contract TO work. were guilty Of
misdemeanors IL they broke their con-
tracts after receiving wages In ad-
vance.
Justice Day in announcing the deci-
sion, said the court could not inquire
Into federal questions. he said the
question of resistance of arrest under
an unconstitutional law was not raised
In the state courts
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
uranoe company OF New york

surance company OF New York.
Fred W. Smith VS.. the Northern
Trust company OF Chicago.
William II. Miner VS.. the Corn Ex-
change National bank of Chicago.
Cedar Street company VS.. Park Realty
company of New York.
Lewis w. Jared VS.. the American
Multigraph company OF Cleveland.
Joseph z. Gay VS. the Baltic Mining
Percy H. Brundage VS.. Broadway
Realty company OF New York.
Paul Lacroix VS.. Motor Taximeter Cab
company of New York
Arthur Lyman vs.. international RAND
Transit company of New York.
George Wendell VS.. Fifty Associates
Oscar Mitchell VS.. Clark Iron com
pany. Minnesota corporation.
Katherine Cary Cook VS.. Boston
Wharf company.
Argument of Counsel
Two days were consumed in the argu-
ment OF the case in the Supreme court
william D. Guthrie OF New York. coun-
sci for the Home Life Insurance com
pahy' argued that II the court would
interpret the law so as not TO Include
IN the net income the income derived
directly from federal. state, county or
municipal securities and real and per
business. there would be no question
about the constitutionality OF the law.
solicitor General Bowers defended
tne c0nstitutionality OF the law with
OUT qualification. He contended that
the tax was not a direct tax upon
property, real or personal, but on the
contrary was an excise tax upon THE
carrying on or doing business" The
tax, ne continued. was not a direct tax
upon shares OF the stockholders IN the
companies to the business Of which the
TAX attaches. or upon the income or
Eucn stockholders from their shares.
IL old not become a direct tax, he
ADDED, because the company engaged
mainly, or even solely. in the business
OF handling or dealing in real estate
The various objections to the law were
taken up in turn by the solicitor
MT. Evarts opened the argument
against the law. he contended that
the law Invaded the sovereignty OF the
state OF Vermont; that Il would de-
priVe the corporation OF property with
out due process of law. ana that it's
publicity feature would take private
property for public use without Just
compensation. Throughout he empha-
sized the point that the tax was upon
franchises OF a state and therefore IN
constitutional. Former Senator Fora
ker or Ohio argued that Il was an in
come tax John O. Johnson OF Phfla-
delphia made a general attack on the
law. Richard V. Lindabury Of New
York and other counsel addressed the
court in explanation of features OF In
dividual cases.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
OMAHA wATERWORKs.

Washington, May 31.-The city of
Omaha, Neb., will be required to pur-
chase the waterworks system OF the
Omaha Waterworks company for
$3.50. 1858, under a decision OF the
Supreme court of the United States. an
nounced today. The court affirmed the
judgment OF the circuit court of ap-
peals in the matter.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

washington. May S1.-The Supreme
court of the United States today denied
the application OF Oberlin NJ. Carter,
former captain OF the United States
army. for a rehearing In the suit in
which ssOo. 600 was taken from him and
turned over to the government as a
result of the Savannah (Ga.) harbor i'm
provement scandal.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

subject TO that tax, was decided today
by the United States supreme court
The decision was announced in the
tz-WCodman case by Justice Lur-
ton He recalled the decision Of the
court In a former case. which was de-
cided by an evenly divi1ed court
against the government The Justice
explained that as a majority Of the
court had not approved an opinion on
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
CASE DISMISSED

Washington, May 31.-An attempt to
have the Supreme court of the United
States pass on the authority of common
carriers engaged In interstate COM
merce to make Jim Crow" regulations
met with failure today when the court
dismissed the so-called Chiles appeal
from its docket
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

the matter the former decision did not
stand as an authority 20 govern other
cases.
on the merits Of the case the court
held the government was entitled 20
the tax. which I'm al amounts 60 several
million dollars
Justice McEenna delivered dissent
ing opinion. in which Chief Justice Full
Ter and Justice Day Concurrcd.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
SpnnI.h war Inn C,.e.

Washington. May 3I.-That the es-
tate OF testatOr who died within one
year, Immediately prior to the taking
effect OF the act which repealed the
Spanish-American war revenue act was
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
ADVANCED ron HrARINc.

Washington, May 31.-The Supreme
court of the United States today ad-
vanced the so-called government Pan
anna libel suit against the Press Pub
fishing company Of New York for hear
ing on the first Tuesday of next Oc-
tober.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
TRukk g. LEATHER cooDSSToRE
is 50. NAM ST
Fast and Thorough Repairs.

stitution. and because It impaired the
contract agreement of 1870, whereby
foreign corporations were promised
the same protection OF law by the state
as local corporations.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

Don't fail to read the Want
Ads every day. There is al
ways something advertised to
interest you.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

sor 80 Together With
IN pI- n Herald Republic ofnce
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01
SUPREME COURT ADJoURNs.

Washington. May sI.-The Supreme
court OF the United States today ad-
journed until Oct 10.
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

upon. members of the state Bar asso-
citation will be seen and active meas
ures will be taken for making the az
fair IN keeping with the distinction OF
the visitors and the Importance Of the
subjects to be discussed.
Governor COnxratulates.
Governor William Spry congratulated
Attorney General A. r. Barnes yester-
day on his success in getting the 1911
convention Of attorneys general for
Salt Lake yesterday.
II am particularly well pleased to
learn that the attorneys general OF the
United States will hold their next an
nual convention in salt Lake" said the
Governor yesterday 7 understand
there was no little competition as 20
who should entertain the lawyers and
the victory for Salt Lake is to be re-
garded as a mark OF distinction for
this city which. we hope. will continue
to gain prestige as a great convention
city. This convention Of attorneys
general Will not bring a great number
Of visitors. but that body includes
some OF the most distinguished MEM
bers Of the legal profession in the
country I hope the Commercial club
and the State Bar association will
provide a royal welcome for the WISH
tors next spring and I shall do all in
my power TO assist in the entertain
ment OF the delegates"
The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-01

Society day. saItair today. Contin
e0us dancing. Band and orchestra
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
SCARCITY CAUSE OF
HIGH MEAT PRICES
Government Report Shows Live
Stock Receipts Of 1909 SMALL
est Since 1904.
DECLINE IN HOGS
Last Years Aggregate Meat Ship
ments from Chicago Is the Low
est in Five Years.

One contributing cause to the high
price of meat. according to report
Of the Department of Commerce and
Labor, is the fact that live stock re-
ceipts for the year 1909 at seven lead
Ing interior markets 5of the United
States were the lowest since / 1904. The
live stock receipts for the year 1909 in
these markets aggregated 1856, 725
head, The receipts of hogs for the
last year fell on particularly. For each
OF the four years previous to 1909 the
hog receipts had been in excess OF
100000 head. totaling more than
f22.Ooo.000 in 1908. falling to 1884, gal
last year.
Cattle receipts for 1909 in these mar.
kets. 9.189,312. while comparing favor.
ably with those of the previous year,
fell below the totals for the three years
before 1908. Sheep fell below those in
1905 to 1907, but compared favorably
with 1908. Receipts of hogs at the
Chicago market for 1909 show a de.
crease of 1,627,074, as compared with
the year before, or decline of 10 per
cent, receipts at Kansas City decreased
II per cent, receipts at Omaha II per
cent. at st. Joseph 20 per cent, while
the decline at st. Louis was only 4
per cent.
While the total number of cattle re-
.ceived at these seven principal mar
kets was larger than the year before,
the 1909 cattle receipts at Chicago, O.
s29.S05 head, fell below the 100000
mark for the first time since 1902.
The annual aggregate shipments Of
packing house products from Chicago
2,151 ,668.713 pounds. were below those
reported for any of the previous five
years. says the report. All the items
In the grand total with the exception
of picked beef and pork show large
declines, as compared with the figures
for the previous years.
The report also shows that grain re-
cefpts at fifteen of the principal mar.
kets during 1909. 744,624.O6S bushels.
were lower than for any year since
1QOd
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
ROB AN ILLINOIS BANK
OF S,500AND ESCAPE
Burglars Blow Safe in Citizens
National at chatsworth, ILL.,.
and Steal Cash. y
BIND AND GAG TWO MEN.
Explosions Ruin Structure, but Wake
No citizens-Bandits Flee in
Buggy.

The Citizens National bank Of
Chatsworth, ILL.,, was entered early tho
other day by burglars, who fled with
$500 after blowing open the safe with
heavy charges of nitroglycerin.
Five unmasked men approached the
night policeman near the pumping
plant of the water works of Chats
worth soon after midnight, engaged
him in conversation, then overpowered.
bound and gagged him. Afterward
they took him to a garage near the
Citizens bank, where they left him
under guard. A baker employed in a
nearby bakery was also bound, gagged
and placed under guard In the garage.
The Waterman and baker were the
only residents awake in the business
section at the time. After securing
these men four Of the robbers took a
number of tools from the garage, wen
to the bank and began working with
deliberation to get the money.
They blew the large outer door, off the
safe, then the inner door. The first
explosion wrecked the interior of the
bank. After blowing open the second
door the burglars helped themselves to
the money inside. They took $500
in paper money and $4,000 in silver.
Completing their work in the bank.
the four men went back to the garage
and carried the baker to the bank and
laid him on the floor. One Of their
number then drove up in carriage,
the rest of the party entered the
vehicle and all departed.
No one in the village heard the ex-
plosions. The burglary was not dis
severed by the authorities until 600
n. m. The bank carried $4,000 in burg
larry insurance. The night policeman,
William Cahill, and the baker, Albert
Kerber, were found half dead as the
result of being bound and gagged. Both
revived, however, soon after their res
cuers removed the bonds The robbers
were described by Cahill as desperate
looking. One .as tall and two were
short and heavy set
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
FAMOUS SEA FIGHTER IS DEAD.
Brigadier General Robert Leamy
Meade succumbs to Illness.

Brigadier General Robert Leamy
Meade succumbs to Illness.
Brigadier General Robert Leamy
Meade of the United States Marine
Corps. retired, died at his home in
Lexington the other day after an ill.,
ness of several months. Gen. Meade
was born in Washington, D. c., Dec.
rs. 1841. The son of Commodore Rich
ard w. Meade. United States Navy he
came of fighting stock. Educated ut
st. Mary's College, and at the United
States Naval Academy, he entered the
navy as midshipman in 1856 and
resigned in 1855 Reappointed in
1858, he served continuously until his
retirement in 1906.
At the breaking out of the civil war
he was assigned to blockade work and
commanded battalion when Norfolk
was rescued from the Confederates. In
1868 he commanded company in
New York during the draft riots. In
night assault on Fort Sumter he was
captured and made prisoner Of war
AoA AAAlSCh iuOhIuo al 1lUUy, anu 1SlSu-
mond prisons. After the war he re-
manned in the marine service and was
one of the party from the Shenandoah
that invaded Korea and captured its
capital in the cruise of that vessel be-
tween 1855 and 1869 in the waters Of
India, China, Japan and Korea. At
Nagasaki he commanded both the
American and the British marines.
In the Spanish war he was feet ma
rine officer of Admiral SIMPSONS fleet
and led the marines in Cuba. In 1900
he participated in the Chinese expedi-
tion and for time he was in COM
mand at the Brooklyn navy yard. For
his services at Tientsin. China, he re.
ceived a medal from Congress.
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
n5sagEE Ez I
'l|1g[RlE!lglSil
k6Islgea'a!|r'<

Germany and Prussia have asked for
joint loan of $120,000.00O on per
cent government bonds.
The new Catholic cathedral in st.
Paul will be occupied for public serv-
ices before the end of the year 1911.
Arabs recently raided nine converts
near Jerusalem, ievicted the nuns and
monks and established themselves in
the monasteries with their wives and
children. Troops arrived in time to
prevent their entering the tenth and
largest convent.
The first Canadian conservation con-
ference, which came to an end in OF
tawa recently, has developed senti-
ment in favor of the prohibition of all
pulp wood export. This may have a
serious effect on the situation now ex-
listing between the United States and
Canada.
With the giving Of bail of the five
men caught in the dragnet of the lat
est graft probe. Pittsburg has settled
back to wait for her municipal gov
eminent to again be dragged forth and
hear evidence charging multi million
aire bank officials with bribery, city
councilmen selling out the city and sec
banking business with politics.
There is proposal In London, Eng.
to amalgamate three important tube
railways, namely, the Baker Street &
waterloo, the Charing Cross & Hamp-
stead and the Great Northern & Plea
dilly lines. The total capital will be
$50 100000, of which $47.25O. 900 is to be
in ordinary stock, s2l,OOO,O0O in deben-
lures and the balance in preference
shares. The name of the new company
will be the London Electric Railway.
The nom Christian population of the
world was converted at the rate of 377
souls day during the past year, ac-
cording to the summarized statistics
of workers from virtually every mis-
sion field on the globe, who addressed
the convention of the laymen's mis-
sionary movement in New York.
The Spanish cabinet removed Count
de Villar as captain general of Madrid
and caused the arrest of army officers
charged with being connected with s.
plot against the government. The no.
lice surrounded the military club and
eighty of the officers were taken info
custody. On the same day 1000 work
men In the arsenal struck.
Interesting statistics have been made
public showing that Germany is ahead
of England in its appropriations for the
navy. German expenditures on new
ships has been trebled between 1904
and 1910, while during the same period
the British expenditure was reduced
one third.
President Roosevelt. writing from
Nairobi. has informed the Smithsonian
Institute that its expedition under his
charge has finished its work in British
East Africa and is about to leave for
Uganda. He states that he has col :
iected S,463 vertebrates. number of
Invertebrates and many plants and
photographs.
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
NEW YORK.

Trade still maintains the quiet un-
dertone previously noted, and not un-'
usual, by the way. at this season Of
the year. when buyers are gathering
at the leading markets in preparation
for the opening Of the spring cam
paign.
Reports Of buyers being numerous
but of buying being conservative come
largely from the leading northern and
central western markets. Fears OF a
coal strike in the bituminous regions
have led to heavy buying by railroads
and manufacturers.
Business failures in the United
States for the week ending Feb. 10
were 249, as against 232 last week,
211 in the like week of of 1909, 1926
in 1908, 204 in 1907 and 2OS in 1906.
Business failures in Canada for the
week numbered 80. which compares
with 80 last week and % for the same
week last year radstreet's.
Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1910-02-23
CHICAGO.


R. G. Dun & Co.'S weekly review Of
Chicago trade says:
THE usual tests of trade activity In.
dictate that. favorable conditions pre-
vail. Commercial defaults still show
largely in number, but the record In
cludes none of especial significance as
to liabilities.
THE volume of solvent payments
through the banks compares favorably
with that Of a year ago, testifying to
sustained recovery In the leading In
dustrles, but the aggregate of new de-
mands for finished factory products Is
lower than recently noted and the mar
kets for iron and steel are in wait
ing attitude pending the action OF
heavy consumers. Future require
ments are known to be unusually large
and the present lull in commitments
is regarded as temporary. Weather
conditions have favored most branches
Of production and distribution and tes-
timony to improvement is seen in the
steadily rising freight tonnage and
railroad earnings.
Movements of hides. leather and
lumber disclose seasonable aggregates
and the markets for raw materials,
general merchandise. furniture and au-
tomobiles are stimulated by an enorm-
Gus attendance of buyers.
Bank clearings, s259,O67. 099, are
25.1 per cent over those of the CORE
spending week of five business days in
1909. and compare with s201, 416.S56 in
1908.
Failures reported In the Chicago
district number 80, as against IS last
week, 90 in 1909 and 80 in 1908. Those
with liabilities over $4,000 number z.
as against 2 last week. 6 in 1909 and
16 in 1908"