Weather.
SECOND
EDITION
mat
'Washington, June 16 Fore
cast for North Carolina (or to
night; and Thursday: General
ly fair tonight and Thursday.
ESTABLISHED 1871.
RALEIGH, N. C, WEDNESDAY, JUNE 16, 1909.
PBICE 5 CENTS
THE PRESIDENT
SENDS MESSAGE
AS TO INCOME TAX
Wants a Constitutional Amend
ment Submitted to the
People for Adoption.
FOR INHERITANCE TAX
President Taft Sent a Sieelal Mes
sage to the Senate Today I'rglng
That' Body to Submit AniendnVnt
to the Constitution Permitting An
Income Tax to tlie PeopleWants
An. Inheritance Tax and Urges Scu
ate to IncorMirate Such a Measure
Into the Tariff Kill Thinks It
Would be I'nwise for the Se nate to
Adopt the Income Tax Feature
Now Without Chungliig Constitu
V tion. '
(By Leased Wire to The Times.)
Washington, June 16 The mes
sage of President Taft's on the sub
ject of taxing incomes of corporations
was received in the senate at 1:4a
o'clock and read immediately. It is
aa follows:
"It is the constitutional duty of
the president from time to time to
recommend to the consideration of
congress such measures as h Bliall
judge necessary and expedient. In
my Inaugural address, immediately
preceeding this present extraordi
nay session of congress, I Invited at
tention to the necessity for a revis
ion of the tariff at this session ana
stated the principles upon which I
thought the revision should be effect
ed. I referred to the then rapidly
increasing deficit and pointed out the
obligation on the part of the framers
of the tariff bill to arrange the duty
so as to secure an adequate Income,
and suggesWd that if It was not pos
sible to do 60 by import duties, new
kinds of laxatives must be adopted,
and among them I recommend a
graduated Inheritance tax as correct
in principle and as certain and easy
of collection.
"The holism of representatives has
ndopted the suggestion and has pro
vided In the bill it passed for the col
lection of such a tax. In the senate
the action of its finance committee,
and the course of the debate Indicate
that It mav not agree to this provis
ion, and It is now proposed to make
uu the: deficit by the Imposition of a
general income tax in form and sub
stance of almost exactly the same
character as which in the case of Pol
lock Versus Farmers' Loan and Trust
Company (157 V. S. 429) was held
hy the supreme court to be a direct
tax and therefore not within the
power of the gederal government to
impose unless apportioned among the
several states according to popula
tion. This new proposal, which I did
not discuss in my Inaugural address
or in my message at the opening of
the present session, makes It appro
Driate for me to submit to the con
gress certain Additional recommenda
tions.
"The decision of the supreme court
in the income tax cases deprived thti
national government of a power
which, by reason of previous decis
ions of the court. It was generally
supposed that government had. It is
undoubtedly a power the national
government ought to have. It might
be indispensable' to the nation's lire
in great crises. Although 1 have not
considered a constitutional amend
ment as necessary to the exercise of
certain, aliases of this power, a ma
ture consideration has satisfied me
that aa amendment Is the only proper
course for Its establishment to its
full extent. I therefore- recommend
to the congress that both houses, by a
two-thirds vote, snail propose an
amendment to the constitution con
ferring the power to levy an income
tax unou the national government
without apportionment among th
states In proportion to population.
"This course Is much to be pre
ferred to the one proposed of re-enacting
a law once judicially declared
to be unconstitutional. For the con
gress to assume that the court will
rpvprsA itself, and to enact legislation
on such -"an assumption, will not
strengthen popular confidence in the
BtabJIlty of judicial construction of
the constitution. It is much wiser
imlic.v to accept the decision and rem
edy the defect by amendment in due
and regular course. '
-Airaln. it is clear that by the en
actment of the proposed law tho
congress will not be bringing money
into the treasury to meet the present
deficiency, but by putting on the
statute books a law already there and
joever repealed, will simply be sug-
ruatlnir tn tho executive Officers Of
the government their possible duty to
invoke litigation. If the court should
maintain its former view, no tax
would be collected at all. If It should
ultimately reverse Itself, still no taxes
would have been collected until af
ter protracted delay. '
It is said the difficulty and delay
in securing the approval of three
fourths of the states will destroy
all chance of adopting the amend
ment. Of course, no one can speas
with certainty upon this point, but I
have become convinced that a great
majority of the people of this country
are in favor of vesting the national
government with power to levy an in
come tax, and that they will secure
the adoption of the amendment in
the states, if proposed to them.
Second, the decision In the Pol
lock case left power in the national
government to levy an excise tax
which accomplished the same pur
pose as a corporation income tax and
is free from certain objections urged
to the proposed Income tax measure.
"I, therefore recommend an
amendment to the tariff bill imposing
upon all corporations and joint stock
companies for profit, except national
l);ui ks- (otherwise" taxed), Ravings
banks, and building and loan asso
ciations, an excise tax measured by
two per cent on the net income of
sirrh corporations. This is an excise
tax upon the privilege of doing busi
ness as an artificial entity and1 of free
dom from a general partnership lia
bility enjoyed by those who own the
stock. I am informed that a two
per cent, tax of this character would
bring into the treasury of the United
States not less than $25,000,000.
"The decision of the supreme
court in the case of Spreckles Sugar
Refining Company against McClaln
(192 U. S., 397) seems clearly to
establish the principle that such a
tax as this Is an excise tax ...upon
privilege and not a direct tax on
property, and is within the federal
power without apportionment accord
ing to '.population. The tax on net.
Income, is preferable to one propor-
(('nntiuoed on page Two.)
ASSAULTS A WHITE GIKL
Unknown Negro Attempts
Horrible Crime
At 11 Lonely Sm1 hi tlH' Woods Hor-
derlng Cameron Field the Crime is
Attempted Frightened Away by
the Screams of the Girl and Her
"Companion.,
This morning at S o'clock, at a
point on the footpath running
through the woods from Oberlin to
Cameron's Held, a n?gro brute as
saulted a Miss Curtis, a white girl of
Oberl'n, with evident Intent to com
mit rape. The negro was frightened
away by the screams of the girl, who
Is not over sixteen years of age, and
of a small boy who accompanied her.
1 ne two were on ineir way 10 lue eiiy
when at a lonely spot the negro met
them, seized the girl roughly and
dragged her Into the woods with ter
rible threats.
Mr. W. O. Grant, who lives In Ob
erlin, was the first to be attracted by
the cries of the girl and her compan
ion and ran to their aid. The boy
was wild with fright and couldn't
tell him anything. He hurried to the
scene and found that the negro had
been frightened away by the screams
of the girl. The girl was not injured
in the slightest but was only badly
frightened. The matter was reported
to the police department and diligent
work is being done to apprehend the
criminal. While the police have
nothing to give out, it is hardly
thought probable that the negro will
be caught as there Is not the slightest
clue to his Identity.
F.K1K THAIN DKKAILHI).
Passengers Ikully Shaken Up, But
None Killed Train Was Fast
' Express. '.
Klmlra, N. V., June 16. Kile
westbound passenger train No. 9, the
Buffalo. Chicago and Cincinnati ex
press, was derailed seventeen miles
east at Waverly Narrows today and
the passengers were badly bruised
and shaken up, but none was serious
ly hurt.. A few were brought to Ar
not Ogden Hospital for treatment
while others had their Injuries at
tended to at the scene of the wreck.
I'NKNOWN' NKOHO IiVXCHKO.
Attempted Assault in Florida I'ohko
Make Quick Work.
(By Leased Wire to The Times.)
Arcadia, Fla., June 16. An un
known negro was lynched here for
an attemptedattack upon Mrs. P. K.
Reed, wife of a prominent citizen of
Arcadia.
A posse was formed as soon as the
news of the attempted crime spread,
and within an hour the negro was
captured, a short distance from the
scene of the crime and lynched.
THE HOME TAX
ADHERENTS WILL
KEEP UP FIGHT
Entrance of the
President
Into the Eight Has Com-
MAY REDUCE SCHEDULES
The Adoption of the Taft Proposition
Taviug Corporation Incomes May
Menu That Many schedules of the
Tariff Hill May be He-Cast in Con
fereiice I'rogressivcs Hold That
Hevemie Desired From This Tax
Will Justify Lowering lJales and
Keeping Parly Pledges Senate
Again Takes I'p Philippine Tariff
.Measure Senator 'Foster Opposes
Free Admission of Philippine Pro
ducts. ( By Leased Wire to The Times.)
Washington, June l(3.-Advocatec
of the income tax said today that they
will not abandon their fight to secure
the adoption of the Bailey-Cummins
income tax amendment, now pending
in the senate, and which by a vote is
10 come up for consideration Friday,
but wHl make an earliest effort to
have it -adopted. They admitted that
President Taft's entrance into the
fight for a tax on the net income
of corporations by sending In a mes
sage 011 the subject has complicated
matters. The joint resolution to be
offered by Senator Aldrich to submit
.0 the states an amendment to the
constitution to authorize an income
tax and which' bus the entire senti
ment of the president, it was said to
day, will probably receive the unani
mous vote of the senate. It is prob
able' the debate on the"niiendniem
10 tax corporation .incomes' will last
several days.
''-The .adoption of the Aldrich amend
ment, or more properly speaking, the
Taft 'propositions taxing corporation
incomes, it was said today, means that
many schedules of the tariff -bill will
be re-cast in conference, -that is' 1 here
will : be a scaling downward 'of the
duties below the Dlngley rales. The
progressives like Senators Dollivor,
LaFollct.tc, and Cummins, will Insist
that Hie large revenues to lie derived
from the corporation tax. which will
probably be known hereafter, as I lie
Taft lax, justifies a reduction of
duties in keeping with Hie party's
platform pledge for a downward re
vision of the tariff. It is estimated
by the leaders that Hie tax on cor
porations" will yield a revenue of
something, like; $40,000,0(in.
The senate convened at, 10 o'clock.
The Philippine amendment was taken
up. Senator Foster, of Louisiana,
opposed the free admission of Philip
pine products, lie said that even
with the restrict ions 'imposed by: Hie
amendment the Importation of goods
there would not be limited to dose
amounts. He argued that free trade
with the Philippines would resull in
building up an Asiatic colony, 'while
the closer trade relations eonleniplat
ed by the. amendment would enforce
the permanent retention of the 1st
amis. '
ALIENS CANNOT
DE SENT HOME
(By Leased Wire to The Times.)
Washington, June 16, It was an
nounced at the office of the conimls
sloner of Immigration and' naturali
zation today that the plan of the New
York stale prison authorities to de
port 319 aliens convicled of crimes,
and now confined In prisons In that
state, cannot be realized because the
Immigration laws make no provision
for the deportation of ulleiis, whetht
convicted of crime or not, after they
have once passed inspection and been
admitted to the United Stales. 1
The convict aliens now confined In
New York, convicted of felonies, will
therefore have to serve their sen
tenres. Even after being discharged
from tho penitentiaries they cannot
be deported.
Many Heaths From Plague.
(H.v Cable to The Times.)
Amoy. June 16. The bubonic
nlaciie is Increasing here and in
Chang-Chow. One hundred and thirty-two
deaths have occurred In the
past fortnight.
SECRETARYOLDS
REPORT SHOWS
Automobile
Hiqhwav From
Atlanta to New York
Under Discussion
METHODIST COLLEGE
Methodist Female College for Ral
eigh a Possibility Citizens I'rged
to Take An Interest in I lie Matter
of Securing th- Pythian Orphan
age Ituilditig lleiug Done in Many
Parts of the City National Farm
ers' Congress Meets Here, in No
vemberShould Invite Teachers o
Meet Here Next Year Good Work
of (.'lean-up Hays.
At the meeting of the Chamber of
Commerce last night the proposed
automobile highway from Atlanta to
New 'York was one of t lie main topics
f (liKi-usiiion. The secretary's report
was lull of interest, as It Usually is,
and Mr. Willis G. Briggs offered an
interesting paper on uniform mini'
boring of streets , an' article of in
terest which will lie published in lull
later.
Secretary Old's report, was as fol
lows;
"Your secretary; In', .'compliance
with instructions from the president.
attended the very notable conference
at Columbia, S. C, last Thursday;-of
persons interested in the' automobile
highway; by way of Washington,
Richmond,'- Raleigh,, Columbia, etc.,
connecting New York and the south.
The meeting 'formed the . "Capital
Highway AssoAition" and your secre
tary was made the temporary secre-
ut.- of the meeting and in a talk set
before it. North Carolina's views on
the question and the importance of
selecting this route. Mr. IVY. Coop
er, of Henderson, was elected vice
president for North Carolina, Other
prominent anil wealthy me' vere
chosen, each to represent His . te,
and Air. Leonard Tufts, of Pinehurst,
who has shown so 'in itch .enterprise
and public spirit in organizing and
pressing this '-movement,, was. made
the president of the association.
"Your secretary, in accordance
with Instructions, has taken up most
actively the "'-matter of securing co
operation the part of "county--com
missioners, 'road supervisors, and as
sociations, such as boards, of trade,
etc.,; along the proposed route 1 10111
the Virginia line to the South Caro
lina line in this state and has re
ceived replies to letters sent. Chair
man .losephus Daniels of the commit
tee - on the highway named by -this
body, lias sent similar bodies. Your
secrelury also took up with the coun
cils of administration of the New
York Herald and Atlanta Journal the
question of having thufr scout cars
come -.northward along this capital
highway, and this has been arranged
and they are now on their way in this
direction, ..having started from At
lanta Monday. President Johnson
of the Raleigh Automobile and Gar
age Coinpatiy has placed at our (lis
posal free of charge any . automobiles
needed.
"F.ven if this road suggested should
never become'- a great '.automobile
highway, yet it would be of great Im
portance to have made it good since
it would serve both local and general
purposes, but there .'is every reason in
Hie world to believe that it made a
tine- thoroughfare, great numbers of
aiiloniobllists would use it, no mat
ter what the. route 'delected may be,
of course it is Important to have' this
one chosen.
The Pythian Orphanage,
"Your secretary desires to again
bring up the matter of securing the
North Carolina Pythian -'.Orphanage
here if possible. Durham made an
offer some time since and, .this hns
been followed by one by Clayton, the
latter being of 100 acres of land and
$10,000 by Mr. Ashley llorne and
other citizens. Your secretary took
the liberty of Inviting one of the
prominent Pythians of the state, Mr,
WV W. .Wilson', to be here this even
ing and make a talk to the Chamber
of Commerce.
"Since the last report there has
been a continuance of the building
development .here and contracts have
been let for seven additional build
ings at, the Central Hospital for the
Insane, which Is within the city boun
dary..- '
"Your secretary having been Invit
ed by Mayor Wynne to present to
the Hoard of Aldermen the matter of
the proposed automobile highway
did so and that body endorsed the
movement and appointed a commit
tee composed of Mayor Wynne, Al
GREAT PROGRESS
derman Joseph G. Brown, and Alder
man Wililam Cooper to co-operate
with our organization in the move
ment. Your secretary also referred
in his remarks to the need of better
street pavements here and this mat
ter ought to have the attention of
our town organization. There . are
also buildings which should be- con
demned and removed and sidewalks
which particularly need improve
ments. The cleaning of the city,
which was begun some days ago, is a
new feature and though a great deal
was done much yet remains to be
done.
"There is particular. need -of proper
walkway between the city and the
Agricultural and Mechanical College.
Your secretary a few days ago con
ferred with the then rector of St.
Mary's School, I he then president of
tho A. & M. College and Col. Bene
han Cameron in regard to having
such a walkway made on the north
side of the street railway to the Ag
ricultural and Mechanical College,
Part of such walkway would be
within the city limits. The trustees
ol St. Mary s School will allow the
use of t heir property for this purpose
uid Col,-Cameron then gave them
liis consent to such Use of a strip of
the Cameron land. This is r.-ally an
Important, mailer. The facilities
which pedestrains now have of get
ting to West Raleigh, are very poor
and yet this is the most important
point which joins this city and thera
the greatest tide Of travel flows. Not
only at ordinary times but on the oc
casions of the state fair and various
other events, including, baseball
games and various things at the col
lege. '."".
"Your secretary has Issued a print
ed list of the members of this organi
zation and placed this in the hands
of each one, urging every member to
bring in at least one new .member by
September first, when the fiscal year
begins. The scope of the organiza
tion Is not nearly so great as it
hould be owing to the cramped mem
bership. It is relied on to be the first
to move in everything which makes
for Raleigh's betterment and must be
in position to meet promptly every
'(Continued on Page -Three.) V
METHODS OF TRUSTS
Sugar Trust is Not the Only
Offender
Simnr Trust H as llccii a Consist ant
Law-Hreaker F.ver Since Its Ilirlh
: HohlM'd Public ami Ruined Com
petitors Government .Not Trying
to Roach Them.
( By Leased Wire to The Times.)
New York, June Id. Samuel lTn-
lermyer. '.who was. counsel lor Adolpn
Segal in the recent suit against the
sugar trust, sailed Willi .Mrs. 1 nier-
myer on the steamship- Krou Prtn
zessin Cecilie for Kurope. When
iskod. before he sailed, his views' as
to a criminal prosecution of the trust
and whether his, Client had decided
to press such prosecution or take
any active 'part in aiding it, lie said:
"What would be the use? The
sugar -company has been a consistani
lawbreaker ever -since its. birth. Its
activities in congress have been one
of the scandals. 'of the country lor
many years. It -has robbed the puii-
Ifc and ruined its would-be competi
tors.'. Hill it is no worse than many
of the others in its criminal methods.
Hid not quite so bad as some.
"Th is suddenly aroused virtuous
ihliorrence of its met hods is amus
ing." It -.accidentally Happens at ine
moment to be the scapegoat, but as
1 he ".government has wailed until af
ter (he principal offenders are dead
it doesn't much matter. Whenever
the .-government, really wants to bring
Hie criminal rich, who are managing
these -conspiracies that are notorious
ly violating the criminal laws w ithin
the penalties of that law, It will not
luv difficult. There 'never "has been
an honesf, intelligent, effort to en
force the ample provisions of Hie law
against any of ihe monster monopo
lies. "We all know that the anti-lrust
law is being openly tlouted and vio
lated every day by some of the most
powerful -men In Ihe land. There
are numberless secret, unlawful pools
to control prices and restrict produe
Hon operating in this city today
many of 'them under written agree
men Is that are criminal conspiracies
on their faro,
"We are told by a certain section
of the press (and some gentlemen
around Wall street are regaining their
smug confidence In that belief) lhat
there has been a reaction In the pub
lie mi ml against what they are ideas
ed to1 call 'attacks' on these criminal
conspiracies.
"For the sake of the country let
us hope the gentlemen are mistaken
for If they are right we shall have an
upheaval In this country as compared
to which the mild and harmless ex
periments of the. last admin'stratlon
will seem like midsummer r,ephyrs
alongside a cyclone."
MORETESTIMONY
THATMR5.G0ULD
LOVED THE CUP
Servants Continue to Tell of
Seeing Her Under the
Influence of Liquor
MRS.OOULOMMSNOTE
Mrs. Gould Still Wears Same Gown
Came Into Court With Her Coun
sel Sat With Her Lawyers at Ta
ble and Made Notes of Kvidence
Didn't Notice Howard Gould When
He Came in Young Gould Indif
ferent to the Attention lie Attract
ed Florist Tells of Seeing Mrs.
Gould Drunk Several Times
Keeled I'p Against the Wall and
Talked Foolishly.
(Hy Leased Wire to The Times.)
New .York, June 16 More testi
mony of former servants tending to
show that Mrs. Viola Katherine Clein-
nions Gould was addicted to the use
of. intoxicants was furnished today
before Justice; Howling, In Howard
Gould's 'effort to justify his abandon
ment of bis wife in answer to her suit
for' separation and $12.1,000 alimony. .
Garbed in the black -'Umpire gown
ind the heavily draped black veil, the
wife of the millionaire came into the
ourt room with Clarence J. Shearn,
her counsel. DeLancey Nicoll in
hargo of the case for Howard Gould
was there ahead of her.
She sat at the counsel table within
a few feel of Nlcoll who had subject
ed her to a gruelling eross-examina-
ion. A few 'minutes later her hus-
liand arrived.
If Mrs.' .Gould noted his arrival she
gave no sign, hut went on mauing
notes of the -.'testimony.-.-., Howard
Gould, respleiidant in a well fitting
light checked suit, and wearing a
neatly bowed brown tie, .-appeared ln-
lifferenl to t he atlenl ion be attracted.
Court officers with difficulty;, pre
vented the crowd from forcing its
way 'into 'the small room.
Justice Howling was late in getting
to court and as the result, l lie case
was held up for half an hour. Law
yers Shearn and Nlcoll conferred with
ihe judge alter the session was
opened.
Harry Turner, in -charge of the
Gould green houses at. Castle Gould
was called to Ihe stand when the
(inference ended.
"I saw MrsGould at Castle Gould
in. April, I nun, said 1 inner in an-
wer In Attorney Nlcoll. "She was
under.'the' Inttiience of liquor oil one
occasion in ,iuiy or August, liuio.
"Late one afternoon," continued
the witness, "I met Mrs. Gould un
der an arch. She was certainly tin
ier the influence of liquor. Although
die hud' seen mo but an hour before
lecoraliiig (lie table, she asked me
if I Was the coachman.
"She; reeled up against the wall of
the arch as she spoke to me.
'"On -November 0 she was also 1111
ler the influence of liquor. Mrs.
Gould drove up to Ihe estate office
and talked to Molloy and others who
were there. She said, 'I am Mrs,
Howard Gould,' repeating that many
limes. Then she crossed the office
and reeled against the wall."
"Did you ever see her intoxicated
011 other occasions?"
"I did not.".
"What did she talk of?"
"Talked in a general way to the
men. She was certainly under the
influence of liquor."
Taken in hand by Mr. Shearn, the
florist was put through a severe
cross-examination.
"Did you ever see Mrs. Gould take
a drink?"
"I did not," admitted Turner.
Mrs. Gould looked intently at the
witness. ''She. sat within a few feet
of the stand and with her veil thrown
back stared Turner Into a slate of
uneasiness.
She continually '..prompted her at
torney and made notes as points were
scored for her side.
Shearn went carefully into the
manner in which the various affida
vits of servants were produced. He
was unable to show that an attorney
from Mr, Nlcoll's office secured the
different signatures at the estate of
fice at Castle Gould.
"1 stood within a few feet of Mrs.
Gould and heard what she said tq
Molloy," Turner testified in regard
to one of the occasions of her alleged
drinking.