The News and Obse~ ve pushed to the Supreme Court of the United States as speedily as possible. It is an absurdity to argue that Congress has the right to pass a law giving to the State the right to absolutely control whiskey brought into the borders of the State as though it were manufactured RALEIGH, N. C., THURSDAY. MAY 9. 1895. in the State, aud yet powerless, if, per chance, a perjured bar-keeper may main tain it is for his own use and consump tion. Judge Simonton’s utter disregard for the Wilson act or the original pack age decision, and of his own decision heretofore rendered shows the extent to which these people are willing to carry their animosity to this law of the peo ple. The dispensary law is here to stay, and will stay, and I am confi dent that the Supreme Court of the United States will not stultify itself by such utter disregard of the acts of Congress and its own decisions. At auy rate, they will be given an opportunity of passing upon it. Further developments may be expected. The constabulary will continue to make seizures; that’s the way we have to get the court. The only way to get to the Supreme Court is by contempt proceed ings.” Judge Goff returned to West Virginia this evening and Judge Simon on to Charleston. Orders for liquors are flying everywhere. A constable claim ing full knowledge of the mandate of the court has already made a seizure of liquor. The contempt cases against Commis sioner Hixson and the constables were dismissed in view of the disclaimers and apologies made. A STREET RAILWAY WAR. An Effort to Prevent the Building of a Dummy Car Line In Winston. Special to the News and Observer. Winston, N. C., May 8. The Winston Aldermen have granted a franchise to the Marianbad Springs Railway Company to build a dummy car line from near the centre of the city to the Eastern part of Winston, thence to the Northern limit, thence West to the Marianbad Springs three and a half miles west of Winston. The Company began making a survey of the route to day, and will begin excavation work next week. The road equipped will cost $4,000 per mile. The Winston-Salem Street Railway Company have tiled papers protesting against the building of any road or dummy line on the streets of Winston, claiming that all rights of way and the exclusive privilege had already been granted to the latter com pany. The aldermen have also granted a franchise to the Inter-State Telephone and Telegraph Company, which pro poses to put in a plant here at an early date. Sheriff McArthur received a telegram last evening, announcing that his brother John McArthur, was killed by lightning at 11 o’clock yesterday at Pass Christian, Mississippi. The deceased was thirty four years old, and was engaged to be married shortly. Dr. N. S. Siewers’ new residence, in Salem, has just been completed. The doctor will move in next week. It is a model home in every particular, and cost something like $75,000. It is built of Indiana stone. The interior is highly artistic, being finished in the finest woods, and handsomely decorated. It is decidedly the most attractive and costly residence in either Winston or Salem. George Parrish, a farmer of Summer field, Guilford county is in jail here. He stands charged with stealing $35 from another fanner named Joseph Inman, of Surry county. The theft was committed in Winston. Capt. D. P. Mast, and Mr. A. F. Hanes have established a branch office here of the North Carolina Abstract and Guar antee company. They are now making copies of deeds, mortgages, and in fact everything pertaining to titles of real es tate recorded in Forsyth. Mrs. Emma Clark, an estimable widow lady died here yesterday, at the home of her daughter, Mrs. Edward Kearns, at the age of 53 years. The deceased re ceived a second stroke of paralysis last Saturday. The remains were sent to Farmington, Davie county, to day for interment. Mr. Powell Roger died a few days ago at his home near Cana, Davie county. He was the father of thirteen children, nearly all of whom, with his second wife, survive him. The Forsyth veterans are anticipating a pleasant celebration of memorial day to-morrow. A number of ex-Confeder ates throughout the county have prom ised to be in attendance. Mr. James E. Ogburn, father of Messrs. S. A. aud Chas. J. Ogburn, two of Winston’s prominent citizens, died Monday, at the age ot 86 years. The storehouse of Messrs. Sink and Knouse in Salem was broken into a few nights ago and robbed of hoes and other farming utensils. The firm had consid erable money in the safe, the knob of which was broken, but entrance was not effected. The Wachovia Loan and Trust Com pany to day qualified as the administra tor of the estate of J. L. Tyler. This is the thirteenth trust estate that has come into this institution since its organiza tion less than two years ago. Gov. Turney’s Inauguration. Nashville, Tenn., May B.—The last step in the contested Governorship of this State was taken to-day w’hen Gov ernor Peter Turney took the oath of of fice to serve another two years. The inauguration took place at noon and was witnessed by a large crowd. The Republican members of the Legislature declined to attend the inauguration and instead took the morning train for Chat tanooga to be entertained by Hon. H. Clay Evans, the defeated candidate. THE ARGUMENT ENDED MR. CIIOATE CONCLUDES HIS SPEECH AGAINST THE IN COME TAX LAW. “A TAX ON LABOR OF THE LAND." Devotes Himself to Consideration of Certain Questions Asked by the At torney General—Contended that Per sonal Property Was Entitled to Same Consideration as Real Estate—Feat ures Already Declared Unconstitu tional Invalidate Rest ol the Law. Washington, D. C., May B. —Almost immediately upon the assembling of the Supreme Court of the United States at noon to-day, the chamber being filled with spectators, Mr. Joseph 11. Choate resumed the closing argument in the in come tax cases. There remained to Mr. Choate about two hours of the five allotted for the pre sentation of his side of the case, and he entered upon his task in excellent form for the work. He had just begun when the court rose yesterday, to speak of the claim by himself and associates as to what had been decided by the court in its judgment of April Bth, upon the sub ject of th tax on ran ts. Prior to the resumption of proceed ings, Mr. Samuel Shellabarger, of coun sel for John G. Moore, in his suit for an injunction against Internal Revenue Commissioner Miller, in the District courts, asked leave to make a brief oral argument at the close of Mr. Choates’ remarks, to be largely devoted to the question of uniformity, but the Chief Justice stated that it would be impossi ble to grant the application at this time. Mr. Choate, in opening, said that he would not proceed on the line laid down yesterday, but devote himself to the con sideration of certain questions asked yesterday by the Attorney-General in his address. The Attorney General had contended among other things, that if the construc tion of the Constitution set up by the contestants of the tax were maintained it would seriously impair the resources and power of the government in times of emergency. “Figures will not lie,” it had been said, remarked Mr. Choate, “but it was equally well known that they would con vey entirely different meanings accord ing as they might be handled. Upon that point, said Mr. Choate, their brief filed in the case presented some state me-ti s and figures which demon strated the unsoundness of the At torney General’s claim. The rights of citizens) that document stated, cannot be affected by examination of the impor tance to the government of the questions now involved. The only previous income tax known in the country’s history arose from the necessties of the civil war. Up to the close of 1866 is computed that the government had expended for war pur poses more than $4,000,000,000, yet only $26,082,845 came from this income tax. This shows how insignificant a part that tax played in supplying the country’s requirements at the time of this greatest necessity. What saved the country was its high financial credit and the patriotic attachment of its citizens to the system of government guaranteed by its constitution. The resources, it is earn estly submitted, will be most surely pre served by faithful administration of its fundamental law; not by efforts to frit ter away the bulwarks of private rights and private property which were estab lished thereby as conditions of the country’s existence.” Mr. Choate addressed himself directly to the discussion of the matters left in dispute by the decision of the court, in the light of the declarations in that de cision. The first related to the tax on personal property, and his contention was that the corpus of the personal prop erty was entitled to the same protection as real estate and that a tax on the in come derived therefrom was a direct tax as much as a tax on rents. Touching upon the suggestion of coun sel that if th<* present income tax be overthrown a demand might be made for refund of the income tax of war times, Mr. Choate asked what kind of political morality was involved in the suggestion of the Attorney Gen eral; that because the Government had in the past illegally collected taxes, it must be permitted to go on in the future illegally collecting other taxes. “But your honors need have no fear on that score. The former income tax was paid willingly, and if any of them or their descendants should de mand its return they would be the sub jects of general shame and general con tempt. And further, there is noth ing in the history or attitude of the government to warrant the belief if all who had paid the tax should altogether demand its return, they would ever get a dollar of it back. No, that suggestion can be safely dis missed.” Mr. Choate returned to the points made with respect to lack of uniformity, and of illegal and unjust exceptions. The exception of incomes of $4,000 and less from the operation of the law, Mr. Choate said, was even less defensible or excusible than that in relation to mutual insurance companies. Its object was to make the law applicable only to a very small proportion of the people, largely residing in a few of the States, the old Seaboard States, who gave up so much in the compromise that resulted in the adoption of theUonstitution. Mr. Choate said there remained then but the one other question to be con sidered: did the unconstitutional features of the law, already so declared by the court, invalidate the rest of the law ' “We say that it does, that this man gled and mutilated corpse has been too long unburied. Too long has it shocked the sensibilities of the people of the United States. The court had already taken out of its treasury operation the incomes derived from real estate and State and municipal bonds; when it had, as he believed it would in response to the prayer of the complain ants, taken away the income from per sonal property, what will be left ?” he asked. “We will be lett—the bone, sinew, brawn and brain of the land.” (Laughter), “Instead of being a tax on laud own ers and bondholders, it becomes a tax only upon the labor of the land.” Mr. Choate finished at two minutes to two o’clock and the Chief Justice directed the crier to adjourn court until Monday, May 20th. CRISP WILL SPEAK MAY 10. The Washington Newspaper Men to he Feasted at Asheville. Special to the News and Observer. Ashville, N. C., May 8. lion. Charles F. Crisp has accepted an invitation to make an address at the Memorial Day exercises m the First Bap tist Church Friday. Charles N. Vance and N. B. Carter are among those mentioned for the col lectorship. The late Captain M. E. Carter had $65,600 insurance on his life. George W. Vanderbilt and mother and several friends have arrived at Bilt more. The office of the Register, a Republi can weekly newspaper here, has been declared unfair by the Typographical Union, and closed to union labor. The Washington correspondents stop in Asheville on their return from At lanta, and they will be given a banquet at the Battery Park Hotel. SUN’S COTTON REPORT. Operators Awaiting the Bureau Re port to be Published Friday. New York, May B.— Cotton rose 2 to 3 points, then reacted and closed quiet and steady at a net advance of 1 point, with sales of 38,000 bales. Liverpool advanced 1 2to 1 point, closing quiet and steady, with spot sales of 8,000. Spot cotton was quiet and unchanged, with sales of 776 for spinning, 200 for export and 3,100 delivered on contract. Silver advanced 1 4d in London. A New Orleans despatch says that there will be a decrease in the acreage in Louisiana, Arkansas, Mississippi and Alabama and a large diminution in the use of fertiliz ers, and that recent rains have been bad tor the crop. The New Orleans receipts to-morrow are estimated at 2,000 to 3,000 against 2,821 last Thursday, and 757 last year. The port receipts to-day were 4,199 against 6,199 last week and 3,694 last year; thus far this week 29,995, against 42,204 thus far last week. In Manches ter yarns were dull and cloths quiet. The Southern spot markets were quiet and unchanged. The exports from the ports were 4,543 to Great Britain. Memphis received 122 bales, against 147 last week and 57 last year, and Houston 407, against 876 last week and 534 last year. The ex ports of yarn from Great Britain in April were 32,000,000 pounds, against 19,378,100 in the same month last year, and thus far this season 88,255,500 pounds, against 75,997,100 last year; ex ports of cloth were 40,200,000 in April, against 41,917,820 last year, and thus far this season 1,682,889,100, against 1,820,662,600 thus far last season. To-day’s Features. There was an undertone of strength in cotton to-day m spite of the fact that Liverpool was dull, that Manchester was rather blue, that the weekly government report on the whole was favorable, and there was an absence of life in the spec ulation here. But some unfavorable pri vate crop reports were received from various sections of the cotton belt and dry weather is undoubtedly needed in Central Texas. Silver was higher and it was believed that the dispute between Russia and Japan has been practically settled. Although there was no large buying for long accounts and the speculation was anything but animated, there was more or less nervousness noticeable among the bears, and their covering caused a slight advance. Most opera tors, however, are holding aloof await ing the bureau report to be published on Friday. The bureau report is expected by many to be bullish. Quite a number of operators are inclined to the opinion that it will report a decrease in the acreage of 15 per cent. DEFAULTING BANK OFFICIALS. One Gets Four Years and the Other . M ill Be Tried To-Day. Lexington, Va., May B.—R. K. God win, bookkeeper of the defunct bank of Lexington, was found guilty by the jury under the first indictment for which he was being tried for making false en try as clerk. The jury returned a ver dict after being out only thirty minutes and fixed the penalty to be four years in the State penitentiary. The verdict meets with the approval of many, while many expected an ac quittal. Godwin was under six similar indictments which were quashed by agreement of counsel for both sides and the verdict was accepted without an ap peal. The trial of C. W. Irvine comes up to morrow. He is under three indictments for receiving money from absconding cashier Figgatt, knowing the same to have been embezzled and stolen. PRICE FIVE CENTS. THE SCOTLAND NECK MILLS. Anniml Meeting ol Stockholders of the Kuitting Mills. Special to the News and Observer. Scotland Neck, N. 0., May 8. The sixth annual meeting of the stock holders in the Scotland Neck Knitting Mills was held here this week. The board of directors finished up their work yesterday. All the stock was repre sented. The report of the secretary and treasurer showed the mills in good con dition, and the outlook better than ever before. The output of the mills since the last annual meeting has been about SBO,OOO. The capacity of the hosiery department has been doubled, and the underwear department has been in creased 20 j>er cent. There are 175 operatives at work in the mills now, and there are plans ahead for putting in more machinery. Secre tary McDowell desires to make the mills the most complete in the country, and so proposes to put in more new’ machinery until they are equipped second to none. The stockholders elected the following gentlemen as directors for the ensuing year: Dr. T. O. Pugh, H. A. J. C. Stoneburner, of Baltimore; John N. Vaughan and C. W. Grandy, of Nor folk, and N. Biggs, W. H. Kitchin, R. C. Joley, R. E. Hancock and N. B. Jo sey, of Scotland Neck. Mr. N. B. Josey w T as re-elected President and Mr. A. Mc- Dowell was re-elected Secretary and Treasurer. BASEBALL YESTERDAY. * At Pittsburg: Brooklyn, 00 0 02002 o—4 Pittsburg, 0 4 0 1 0 3 1 0 x—9 Batteries: Daub and Grim; Hawley and Kinslow’. At Cincinnati: New York, 2 0 1 3 0 4 0 0 x—lo Cincinnati, 0 2 1 0 0 0 0 0 o—3 Batteries: Rusie and Farrell; Phillips and Vaughan. At St Louis: Boston, 2000 0 0 17 o—lo St. Louis, 1 2 0 0 2 0 0 1 1— 7 Batteries: Sullivan and Warner; Ehret, Breitenstein and Peitz. At Louisville: Philadelphia, 00103 2 21 x- 9 Louisville, 21000300 o—6 Batteries: McMillen and Buckley: Knel and Zahner. At Chicago: Washington, 02000101 0-4 Chicago, 00010001 6—B Battrries: Stockdale and McGuire; Stratton and Moran. At Cleveland—First game: Baltimore, 10302000 o—6 Cleveland, 01 000001 o—2 Batteries: Esper and Robinson; Young and O’Connor. Second game: Baltimore vs. Cleve land; second game called end of the first inning on account of rain. At New Orleans: New Orleans, 00010200 o—3 Little Rock, 1 0 0 1 2 0 0 0 0-4 Batteries; Fifield and Corcoran: Ely and Gending. At Roanoke: Roanoke, 22000000 o—4 Portsmouth, 12011100 x—6 Batteries: Gaffney and Ganzell; leach, Flynn and Vetter. At Petersburg: Petersburg, 40000021 I—B Richmond* 00010301 o—s Batteries: Dunkel and McClung; Flynn and Foster. Col. Alspaugh for Collector. Special to the News and Observer. Winston, N. 0., May 8. Col. J. W. Alspaugh, of this city an nounces himself a candidate for the col lectorship of the Western North Carolina Internal Revenue district. He has some strong endorsements which were mailed to President Cleveland to-night. Texas and the Silver Question. Dallas, Texas, May B.—Chairman Dudley has called a meeting of the Ex ecutive Committee of the Democratic party of Texas to be held at Dallas, May 27th, for the purpose of defining the position of the party on silver. He says the issue now must be met, and the party united for action next year. The New Y. M. C. A. President. Mr. T. Henry Briggs has been chosen President of the Y. M. C. A. for 1895. Mr. Briggs stands high in the esteem and confidence of the people, and is as active as he is effective in pushing for ward the great work of which he is now the official head. No more healthful in fluence enters into the life of young men than the altruistic atmosphere of the Y. M. C. A., and the executive ability of Mr. Briggs is expected to focalize the noble Intents of the Association toward their desired end. f Critical Illness of Judge Green. Major William A. Guthrie was in the city yesterday. He had started from Durham to Chatham Court, but on the way met Judge Womack returning. Judge Green had adjourned the court on account of a sudden and severe at tack of his old trouble, asthma, and he is reported to be lying in a critical con dition. A King’s Daughters’ Entertainment. The Mission Circle of Kings Daugh ters will give another of their delightful entertainments this evening commencing at 8 o’clock, at the residence of Mr. W. A. Myatt, North Blount street. The programme will consist of music, reci tations, etc., and all the delicacies of the season will be served. A pleasant time is promised all who attend.