- 0 s6*B The News and Observer VOL. XXXVIII. NO. 66 TTffilE O=A[S3®EST ©OGSEMILATMK] ®F MffSTO ©AMUGM [MOO 7 . ITS SCOPE AND EFFECT WIDE DIVERSITY OF OPINION IN REGARD TO TIIE INCOME TAX DECISION. ATTORNEY GEN. OLNEY'S OPINION. People Who Object to the Tax Must Pay it Under Protest and Then En ter Suit lor its Recovery—Other Law yers Think There is no Hope for Re lief Until the Matter is Determined By a Full Bench—The Decision Re garded asthe Beginning of Litigation. Washington, April 9.—The scope and effect of the decision of the Supreme Court in the income tax cases, so far as they relate to the collection of the tax upon incomes, other than those derived from rents and interest on State and municipal bonds, are the subject of gen eral discussion. A wide diversity of opinion exists upon this point and the var ous expressions tend to confuse the average mind. Attorney General Olney, for instance, is quoted as saying: “So far as the lower courts are concerned, the division of the Supreme Court is as binding as if the whole court had been unanimous in its favor. 1 cannot believe that any judge would grant an injunction to prevent a collector from collecting the tax on in comes from other sources than rents or State and municipal bonds in the face of the Supreme Court's action. The only way I can see by which persons who ob ject to paying the tax can secure judicial action is by their pacing the tax under protest and entering suit for its recov erv.” But there are other lawyers equally familiar with the practical effect of de cisions of the Supreme Court, who say that the action of the court yesterday binds no judge in respect to the points as to wnether the court is evenly di vided— not e\en the Circuit Court for the southern district of New York, m which the cases originated. “Should a Circuit Judge hold that the law was unconstitutional,” said an at~ tooney this afternoon, who has had a large practice in the Supreme Court, “and issue an injunction against the collection of the tax, which, however, is rather improbable in view of the gen eral practice of courts, that would stand as the law for that circuit, because it could not be overturned by a divided court. Until there is a full bench, how ever, there does not appear to be much probability of relief from the operation of the law against incomes other than those derived from lauds and municipal State bonds. “Even should a court render a judg ment in favor of a man for the amount of tax he had paid there is no provision in the law for a refund in such a case and the litigant would have to wait for Congress to appropriate the money be fore he could get it back. “All the same, however, I look upon the decision of the court as only the be ginning of litigation respecting the law.’’ The impression so generally enter tained following the announcement of the opinion in the Hyde and Pollock cases, that the ease of J. G. Moore for an injunction against Internal Revenue Commissioner Miller to prevent him from carrying out the law iD any particular, had also been decided was erroneous. That case is still before the court. Judge Wilson, one of Mr. Moore's at torney’s said to-day that they would pro ceed to get a case ready for the court when it shall have a full complement of Judges on the bench. The many rumors and speculations concerning an investigation by the court of the sources of the alleged “Leaks'' by which their decisions in the income tax became known in advance of thier an nouncement, have no foundation. As was said to day by a gentleman familiar with the situation: “A hat is there to investigate? the papers did not publish any part of the opinion of the court, but accounts of what occurred in the confer ence room w hen no one but the eight gentlemen constituting the court were present, why should there be an investi gation.” THEY WANTED TO LYNCH HIM. A Prisoner W hose Sentence Had Been Commuted Narrowly Escapes. Romney, W. Va., April 9 —Daniel R. Shawn, whose sentence was commuted to life imprisonment by Gov. MeCorkle last week, narrowly escaped death at the hands of a mob of indignant citizens last night. It was found yesterday evening that an organized band was going to lynch him. The matter was brought before tbe sheriffs who immediately took steps in the matter. As Sheriff Pugh and Judge Daly were not in town a team was hitched up and the prisoner rescued from the jail and hurried to an out of-the-way place, whence Sheriff J. W. Rolling took him aboard the early train at a neigh boring station and started for the peni tentiary. A Rush to Pay Income T»x. Pittsburg, Pa., April 9. —There was sort of a rush at the office of the Col lector of Internal Revenue to day to pay the income taxes in order to get in before the sth, and avoid the additional fifty per cent. The taxes that are now being collected are being taken in ac cordance with the decision of the Su preme Court. If the work of the Pitts burg office has to be gone over again it will require fully three months to com plete it .2 KEPT THE BODY TWO MONTHS. The Undertaker Claims he was Test ing a New Embalming Fluid. Detroit, Mich., April 9.- The police yesterday found the body of a girl by the name of Myrtle Cook, in the morgue of undertaker Gibbs. The records of the office show that the girl died two months ago in a hospital on Lincoln avenue. The undertaker coolly explained that he was keeping the body simply to test the merits of a new em balming fluid. He said that the young man who had paid him #lO to bury the body, had said that he did not care if the body was used for experimental pur noses. "When the undertaker learned that tbe police were investigating the case, he hurriedly buried the body. The woman at the hospital at first denied that any one had died there. She after wards admitted that the girl had died there, but she did not know who the girl was. Dr. J. D. Seaman, the attending physician, said that he did not know and said the hospital keeper was mis taken in claiming that he brought the girl there. The cause of the death was given as pneumonia. It is claimed that the baby which was born at. the hospital is still living. The body was exhumed this morning for ex amination. Dr. Seaman could not be found to day, but voluntarily gave himself up to the police this evening. He said that he had treated the girl at different times and acknowledged he had taken the girl to tbe hospital. He declared that she had died from natural causes, and said he did not know that the body had been kept for two months. He claims that he does not know where the girl came from. He was not held. SUN’S COTTON REPORT. The .Market Closed Firm at a Gain ot f to G Points. New York, April 9.—Cotton rose 4 to 5 points, lost most of the advance, then rail ed and closed firm at a gain of 4 to 6 points, with sale 3 of 100,700 bales. Liverpool advanced 1 point for futures. Sales of 18,000 bales. New Orleans advanced 2 to 4 points. The New Orleans receipts tomorrow are estimated at 7,000 bales. Manchester will not be closed during the Easter holi days. Silver advanced 18d in London. The receipts at the ports were 26,882 against 22,193 last year. Spot prices in this country were generally unchanged with a light trade. Mobile advanced 1 6c. Dry goods are firm and the Jaffray sale has been very favorable. Cotton goods are higher. To-dav’s Features. There was another bullish budget. It consisted of an active and higher Liver pool maiket, unfavorable weather ad vices from the South, a rise in silver, good buying orders from Europe and estimated small receipts at New Orleans. FOUGHT A PITCHED BATTLE. Six Miners Quarrel and as a Result Four of Them are Shot. Birmingham, Ala., April 6.—ln a pitched battle at Little Warrior, Ala., a mining camp twenty-one miles west of Birmingham last night, four men were shot, one of them fatally. The participants were J. D. Hooper, George Hooper and Charles Bredier on one side and Wm. Bibby, Walter Mc- Pherson and W. E. Thomas on the other. Bredier was shot in the neck and will die; J. D. Hooper received a shot in the right leg; another shot struck Geo. Hooper in the face, and Bibby was shot in the right leg. The trouble grew out of a lease on the Little Warrior coal mine, formerly operated by Hooper, but now leased by Thomas o soon, before the men had reached the doors brick and mortar were pelting them in showers. All got out in time however. Altogether the loss will amount to over #200,000. Father Parke, who was the oldest Catholic priest in the State, was walking up the alley when the deplorable affair occured. Harry Cowl, the messenger boy, was also killed in the alley while return ing from a call. Street car travel on Main s’reet, one of the chief business thoroughfares, has been blocked all day. A startling rumor was extant this eveniDg that an expl ision was imminent, for stored in the Chapman building is a car lead of turpentine and oil. If the fl imes reach this nothing can prevent a most horrible addition to what is already the most disastrous accident in the his tory of this city. At 7:30 o'clock, how ever, the fire is said to be under control. NICARAGUAN CANAL BOARD. England Will Not Send Anyone to Act With the United States. London, April 9. —Regarding the Nicaraguan canal, Sir Edward Gray said that he was aware of the appointment of a United States commission and that the board of inquiry had been ordered to report before November 3rd. The Brit ish government, he said, could not con sider the question of sending anyone to act with the United States. The British government was fully sen sible of the importance of the question and, in tbe event of the canal enterprise being undertaken by the American gov ernment would take care that British trade received as favorable terms as those accorded to other nations. Sir Edward Gray, replying to an inter rogation by Sir Geo. haden-Peowell said the government had received no proposal that they advance money to pay dam ages awarded to sealers under the award of the Paris tribunal. Bismarck’* Health Bad. London, April 9. —The Morning Post will to-morrow print a dispatch from Freiderichsruhe saying that Prince Bis marck’s health is very unsatisfactory. This is the result of the recent fetes which overtaxed the old Chancellor’s strength. It is doubtful, the dispatch says, that he will be able to receive all the other deputations that were to have visited him. Peace Soon to be Declared. London, April 9.—A despatch from Tien Tsin to the Central News says it is almost absolutely certain that peace will be proclaimed within a few days. SOUTHERN WILL CUT RATES. The Inter-State Commerce Commission Gives Its Permission So To Do. Washington, D. C., April 9. -The Southern Railway has been successful in its application to the Inter State Com merce Commission for authority to charge less for longer than for shorter distances for the transportation of pas sengers between various points on its lines. The decision of the Commission grant ing this was rendered to-day. The or der of the Commission is as follows: That the prayer of said petition be and the same is hereby granted, and said Southern Railway Company is hereby authorized to charge less for tbe transportation of passengers for longer than for shorter distances over the same line in the same direction, the shorter being included within the longer distance, but only to the extent and upon the conditions following : “First, such higher rates for shorter distances shall not in any case exceed the lower rates for longer distances by more than five dollars. “Second, such lower rates for longer distances shall not in any case be less than those previously published by the Seaboard Air Line or other competing carriers between the same points. “Third, such lower rates for longer distances shall not in any case be less than the cost of the service rendered. “This order is hereby declared to be temporary and provisional pending fur ther investigation by the commission, and the same may be modified or re voked at any time and with or without notice, in the discretion of the commis sion.” STRIKE FUR BETTER WAGES. The Mill is Paying Only Half What li Paid Two Years Ago. Woonsockeg, R. 1., April 9.—The weavers in No. 1 mill, Waterford, stiuck to-day, being dissatisfied with the wages. The price list for weaving was not posted until this morning, although the mill has been running three weeks. The help say the price for weaving a yard ot cloth at 42 picks to the inch, is 3c, or about one-half the price paid there when the mill was last in operation, and a first-class weaver, by bard labor, could hardly do more than average more thau #1 a day. Day help, it is further asserted, is paid 75 cents a day. The mill had been closed a year and a half before it was started. Glass Workers Strike. Pittsburg, Pa., April 9.—One hun dred expert glass workers employed at Atterburu’s factory struck this morning on account of the polishing machine used by the firm. The men claim that the work done by the machines is in ferior and that the damages are charged up against their salaries. Weavers Strike. Rockville, Conn., April 9 —The weavers, about 100 in number, employed by the Broad Brook Woolen Company, at Broad Brook, are on a strike on ac count of excessive fines imposed for im perfect work. CHICAGO’S NEW MAYOR. A Large Crowd Present to See Geo. B. Swift Installed. Chicago, April 9. - Geo. B. Swift was last night installed as mayor. A large crowd was present in the council cham ber. Mr. Swift made only a few remarks in accepting the mayoralty. He promised good got eminent and harmony in his forces. Much surprise was evinced when he stated that he had two appointments to make at once. He announced his selection for city comptroller, W. D. Wetheriii, a banker, who held the same position under Carter Harrison’s administration. TV other appointment wus that of Fire Marshall ' Sweeney, who is to succeed himself. NO HOPE OF BEING SAVED. Bottle Found Containing a Note From a Passenger on the Reina Regente. Madrid, April 9. —A bottle has been washed ashore at liiva Della, containing the following note written in pencil: “March 10, 9 o’clock, evening. No hope of being saved; twelve miles from Bajo Aceiteras (Signed) Second, “Cruiser Reina Regente ” The government has announced that it will assist the families of the officers and rren last on the Reina Regente. WIFE HAD GONE TO “HEAVEN.” And the Husband Sued the “Messiah” lor $50,000 Damages. Chicago, April 9. —The grand jury in the #50,000 damage suit of Geo. W. Ooudrey against J. J. Scbweinfurth, the alleged Messiah, and his lieutenant \V m. Baldwin, for alienating the affections of Mrs. Coudrey by inducing her to enter the “Heaven” at Rockford, 111., returned a verdict this afternoon in favor of Coudrey, awarding him #50,000, the full amount asked. The verdict was reached after only thirty minutes deliberation. No de fense was made. Mrs. Jefferson Davis in Richmond. Richmond, Va., April 9.—Mrs. Jeffer son Davis and Miss Winnie Davis will arrive here tomorrow for the purpose of being present at the reinterment in the Davis section in Hollywood cemetery of the remains of young Jefferson Davis, who died in Memphis some year, ago of yellow fever. FATAL MINE DISASTER TWENTY-ONE OR MORE MEN KILLED BY A FRIGHTFI L EXPLOSION. ONLY TWO MINERS ESCAPED. The Blue Canon Coal Mine Near New Whatcom, Washington, the Scene of an Awful Tragedy—One of the Sur vivors Tells a Weird Story of the Ex plosion and the Dead Miners Over Whom he Stumbled—The Work of Rescuing the Victims Going On. New Whatcom, Wash,. April 9 ! Little news as to the terrible explo- I sion in the Blue Canon coal mine yes ! terday is at hand. According to Kearns, the only survi ! vor thus far known, who was working ! in one of the chambers, the explosion oe- I curred in a breast, or working, about | one thousand feet from where tbe tun nel terminated in the gangway. As the maiu vertical air shaft pierced the gang | way close by the intersection of the tun | nel, it could but poorly carry off the i poisonous vapor following the ignition ! of the fire damp. The noise of the explosion warned the miners in the chambers to flee but they entered the gangway only to be over come by gas. Tbe shock was slight where Kearns was working, as his lamp was not put out, nor was he thrown down by the concussion. It is a mystery,however, that he should have been able to pass through the gangway to the exit passage, j in face of the poisonous vapor, and he I tells a weirerl story of stumbling over bodies of victims and downfalls of de -1 bris in getting out. Gellum, the only survivor besides Kearns thus tar known, was working near the entrance to the tunnel. It was about the hour for the new shift to go on duty and the men were on the way from the barracks to the tunnel when the explosion was heard. Had they but entered the gang way the loss of life would have been doubled. Twenty-three men were in the mine I and Kearns and Gellum, are the only | ones known to tie alive. The mine is on Lake W hatcoru, nearly ; ten miles from Whatcom. Every effort j is being put forth to rescue the im : prisoned men. A steamer has left New Whatcom with ; Supt. John Donovan, two company phy i sicians, and other doctors for the scene jof the disaster. A corps of miners also j accompanies the expedition, and the work of rescue will be begun at once. The mine was inspected a few weeks i ago and pronounced safe. BASEBALL IN THE SOUTH. Portsmouth’s Team Cancels its En gagement With the Baltimore Team. Norfolk, Va , April 9.—The Balti more team, which was scheduled to play j the Portsmouth's this afternoon, arrived | in this city last night from Petersburg and “put up” at a hotel in this city. | Late in the evening the manager of the , Portsmouth team telephoned to Manager ! Hanlon, informing him that he must take his team to Portsmouth and stop at the hotel there. This Manager Hanlon re fused to do, as his team will play the Norfolks to-morrow and he could see no reason why he should take his team to Portsmouth to stop and so informed the manager of that team. The latter told Hanlon that if his team did not stop at Portsmouth that he would cancel the contract. This Hanlon thought was a “bluff” and today he and his team drove to the Portsmouth ball grounds only to find the gates locked and no one in sight. He huuted upjthe manager, and in a few hot words the Portsmouth manager told him that the contract was cancelled, aud even refused to allow the Baltimore players to go inside the grounds and “toss” the ball. Manager Hanlon says he will bring 1 the matter to the notice of President 1 Young, of the National League, and asked that the Portsmouth management make good the loss sustained. Boston 13; Norfolk O. Norfolk, Va., April 9. — The Boston team defeated the Norfolks here to day. Score: Norfolks 6, Boston 13. Batter ies: Norfolks —Herr, Setley and Geier; Boston—Sullivan, Dolan, Hodson, War ner and Ryan. Pittsburg 15; Koauoke 2 Roanoke, Va., April 9.—The Pitts burgs defeated the Roanokes here this afternoon by a score of 15 to 2. Owing to the cold weather not more than 400 people were present. Score: Roanoke, ! 2; Pittsburg, 15. Batteries: Dunn, Lloyd i aud Clark; Hart and Winslow. Lynchburg 9; Lancaster 1. Lynchburg, Va., April 9.— The Lan- j caster, Pa., State League team joined Issue here to-day with the Lynchburg State Leaguers aud received a sound drubbing. Orth pitched the entire game for the home team. Lancaster put in her two strongest twirlers, Buckley and Yerkers, but they could not stop the heavy hitting tobacconists. Score: Lynehbury 9; Lancaster 4. Batteries: Orth and Ferguson; Bink ley, Yerkers and Arthur. Hagen beck’s Trained Animals Hold. Chicago, April 9.—The Hagenbeck trained animals, which amused the vis itors to the Midway Plaisance of the World’s Fair, were sold to-day at auction by the sheriff to satisfy a judgmen.t of #4,700, advanced by Edward Dyerling, one of Ilagenbeck’s trainers. He bid in the lot for #5,000 PRICE FIVE CENTS. COUNTERFEIT POSTAGE STAMP. j The New Pink Two Cent Stamp The One Operated Upon. Washington, D. C., April 9. A Chi ! cago paper printed this morning an ac ; count of the discovery by United States | Secret Service Operatives of an exten i sive counterfeiting of the pink two cent stamps. It was stated that a package containing 10,000 of these counterfeit stamps had been discovered in the Chi cago office of Wells-Fargo’s Express. Third Assistant Postmaster General Kerr Craig, who has supervision of the | stamps, said to day that about a month j ago he received from a postmaster in the West, a counterfeit two cent stamp, and 1 upon exrmination with a magnifying , glass he detected that it was spurious. | All the lines of a genuine stamp, he said, I were even and regular, but the counter feit was ragged and blurred and the col oring defective. An expert, he added, could tell the good one. Upon receipt of this stamp Inspectors were set to work, but whether the present discovery was the outcome of that investigation i he would not state. Gen. Craig said he thought the story somewhat magnified, but in any event it would not necessitate the recalling of the issue of two cent stamps. Packages of tbe Stamps Seized. Chicago, April 9 -A package of counterfeit stamps, which were seized yesterday by government officiate, was addressed to Nathan Herzog, a cigar dealer in the rotunda of the Chamber of Commerce. They were shipped by ex i press from Buffalo by the Canadian i Novelty Company, of Toronto. Herzog ! examined the package when received, j He then telephoned the United States Marshal and Postoffice Inspector Stuart. Herzog said to-day in explaining his innocent connection with the scheme: *‘l dispose of about #IOO worth of stamps daily, my customers being the tenants of the Chamber of Commerce. I buy the stamps from wholesale dealers and firms who do a mail business. They get a surplus of stamps and I buy thetp at a small discount. Answering an adver tisement in a Chicago newspaper, read ing as follows: “We have #lls U. S. 2c stamps which we cannot use here. Will send them by express C. O. D., privilege of examination, for #IOO. Canadian Novelty and Supply Co., Hamilton, Ont.” “I answered the advertisement taking all the stamps. I discovered that the color was light, and I suspected that they were not genuine, and I told the messenger. The messenger replied that I need not be afraid, as he had delivered four similar packages within the last hour.” Capt. Porter, of the Secret Service, has 28,750 of the bogus stamps in his ; possession, the packages secured by the ! other four Chicagoans having been secured. Captain Porter refuses |to disclose the names of the I other concerns. Although the secret service agents at Buffalo and Canada had been notified last night, he believed the premature publication of the facts would result in the escape of the gang. Postoffice Inspector Stuart said this was the first time he had heard of eonn terfeiting stamps iu his thiity years ex perience as postal inspector. He de- I dared the government would have to | withdraw the issue. The Canadian Novelty Company. Hamilton, Ont., April 9.—The Cana j dian Novelty Supply Company, referred 1 to in a Wa-hington dispatch as suspected of counterfeiting United States postage { stamps, was located this evening in the | rear of a s ; ore occupied by F. Dunn, painter, at 22 King William Street. The place is only half a block from police headquarters, but the names of the Novelty Supply Company people can not be learned to-night The police are working on the clue bur decline to furn ish an) information. CUBAN INSURGENTS DEFEATED. The I eader el the Baud Killed and Many ol flis Follower* Wounded. Havana, April 9 The Governor of i Puerto Principe n ports that a band of insurgents, numbering forty-eight men, have been attacked by the government j troops in the vicinity of San Meguil. The leader of the band was killed and a number of his followers were wounded, j One was taken prisoner aud the re mainder fled toward the river. Gen. La Chamber reports that a gov ernment reconnoiteriug party to-day met a band of insurgents, taking three prisoners. The rest of the band fled and are being closely pursued. Things Looking Bad in Cuba. Jacksonville, April 9. —Special to the ! Times Union from Tampa, Fla., says: A gentleman who left Havana Satur day says of the situation in Cuba: “Things are looking rocky, even in Havana. Business in depressed and in spite of the government and Americans who have large holdings there, the sit uation is serious and growiug worse every day. The insurgents have a well armed force in the field and can place as many as 20,000 men in service on short notice. But their plan is to make a Guerilla warfare of it for the present. When the govern ment shows its hand fully then they will act. “The coming of Campos means the beginning of the struggle iu earnest. He brings authority from Madrid to garrot and shoot every rebel captured in the field, aud the atrocities of the last rebel lion will be repeated. During that struggle men were shot, thrown into prisou, aud the women of the rebels were outraged and their homes burned. But the rebels are prepared to meet the en emy at every point. They are fully or ganized aud equipped this time.”