About Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920 | View Entire Issue (March 14, 1911)
She £cmi -We eWjj Sfotmral VOL. X. AMERICAN SOLDIERS • WON'T ENTER MEXICO DECLARES™™ Secretary of War Postpones Panama Trip—Tells Why American Troops Are in Texas (By AsaeeUtel Pr«M.) NEW YORK. March 13.—"1 do n ot believe there will be any moxement of our troops into Mexico.” Thia was the statement here today | of J. M. Dickinson, secretary of war.! this afternoon. , •There ean be no excuse for inter ven-I tion." continued the secretary, “unless the Mexican government proves negligent in protecting the persons or of foreign residents, and such - negligence would have to be firnrfy established, in my opinion, before any iuA step could, be taken. There are no conditions now existent to giv e us such warrant. _ “In order to maintain the neutrality laws, it has been deemed advisable to send troops to the border and on account of the immense length of the frontier and the fact that the Rio Grade can be crossed at almost any point, a large num ber of troops has been dispatched than would otherwise prove necessary WILL NOT GO TO PANAMA Jacob M. Dickinson, secretary of war, will not sail for Panama this <fter"™,n unexpected complications having arisen in the pending negotiations between the Panama railroad company an<^ the steam ship lines operating for the government* Ke will* remain here till tomorrow at Secretary Dickinson as emphatic in declaring the Mexican situation was not influencing his plana Only Two Regiments Have Not Reported SAN ANTONIO. Tex..* March but two regiments of troops ordered to mobilise at Fort Sam Houston have ar rived. These are the Ninth cavalry, a negro regime.t. under-the command of Maj. James Erwin, and Fourth field ar tilery, Col. Alex B. Dyer, both from Fort D. A. Russell, Wyo. These are expected not later than Wednesday. The work of recruiting the 11th cavary upfto a ful war footing toi now in prog ress' which leads to the belief that the Hth cavalry >i” b« the flrst to Bent to the Mexicans border. Gen Leonard W Wood, who has been expected here, it was stated this morn ,aw would not arrive until all the troopa are in camp and ready for action. It has been learned from the men of the 15th Infantry from Fort Douglas. Salt Lake City, that they came here fully prepared to go into action in fco and the men express a keen dis appointment at being in camp here. Coast Artillery Turned Into Infantry Force \ GALVESTON. Tex.. March 13.—Mak ing infantrymen out of 4.000 soldiers » of the coast artillery is the task now confronting Gen. A. L. Mills, commander of the brigade being concentrated at Fort Crockett. The work of drilling the men began today among the 12 compa nies already here. The others now en ' route from Hampton Roads on trans nor tM will be put through the paces im mediately upon their arrival. General Mills.-conslders the soldiers aow here as fine a body of sigh ir as are ,to be found anywhere It is evi dent, however. that he regrets that there are not sufficient infantrymen available in the regular army for the present maneuvers to make it unnec to draw on the coast artillery for men. In order to prevent any recurrence or the riotous scenes witnessed in the ten derloin district of Dallas early last week a provost guard will be put in force in the dty. Policeman Joel. »io was wounded ..last Saturday night, is improving, but his condition is sai„ to be critical. The two men charged with attacking him are still in Jail and Alfred Bookhauider. another soldier, is being held by the police on the charge of asaulting a pat rolman. The police have no cltae to the identity of the persons who set fire and burned the house Ooeupied by the wo men rfubsebuent to the assault on Joel. Troops Orders Is Scored By Governor Marshall KNOXVILLE. Tenn.. March IX—Gov. Thomas R. Marshall, of Indiana, severe ly criticised the policy of the adminis tration while a visitor here tonight in an Interview in which he briefly dis cussed the Mexican stuatlon. T am constrained to criticise the policy of the government of not tgking the American people Into its confidence and telling them what it proposed to do. and why," said the governor. T have never, been In favor of the old school of diplo macy that tended to keep all things covered and resorted to subterfuge. “The statement that the army was go ing to maneuver on the Mexican border was unbelievable on Its face, for* It was known there was no appropriation for that purpose. “Should the matter come to a showdown , and war result there would, in my esti mation, be a division of the American . people as to whether war should b-en declared. “I think the announcement should have been made that it was thought that lives ani interests of Americans in Mex ' _ fco migKt be endangered and it was nec- essary to take some precautions for their protection. 1 think the old Machiavellian style of diplomacy is antiquated and out of date, and that the people should know what is going on." Geors: Man Held Up By Mexicans at Border THOMASVILLE. Ga.. March 13.-A let ter has just been received by Mr. R. W. Whidden. of this city, from his daugh ter, Mrs. Max Wright, who, with her husband, a Georgian. Is now in Mexico City. Mrs. Wright states that her brother, Mr Henry Wbjdd<m. bad been trying to return to the United States, he being •iso a resident of Mexico, but tje was ■topped before reaching the border and ordered to return to Mexico City. Mrs. Wright states that no n4ws of what is going on is allowed to be printed, and the country abroad knows nothing of what is really going on in Mexieo. She .** «aya that everything is in a state of unreM. and business is disorganised. Provisions are very high, and if the ev olution is not stopped in tho next few months the people are afraid that they SOUTH S RESOURCES HELD UP TO WORLD IN STRIKING WAY Commercial Congress Adopts Series of Affirmations That Call Attention to the Won derful Possibilities Under the title of "Affirmations” one of the most unique resolutions and one of the strongest exploitations of the su periority of the south, in the various things in which it excels, based upon facts and figures, which required months of careful compiling and research to gather, and with a most earnest appeal that the south shall eventually come into the magnificent heritage in the commer cial world for which nature endowed her was passed by the Southern Commercial congress at its last session. The affirmations were not made public until Saturday afternoon. when they were promulgated by Director Dawe. The affirmations are divided into three sec- ' tions, affirmations, deductions and ap peals and each one teems with matters of the greatest interest for the facts container are of great value even to the persona who think they know the south and its resources. The affirmations In full follow: The Southern Commercial congress, beiug Independent of political parties and without political intent, has. In Its third annual convention, held itself free, as In the. case of preceding conventions, from debatable subjects* and from the -clash of opinion which, in the heat of a con- | vention. seldom leads to conversion but more often to confusion. At this mo i..ent, in the presence of the chief exec utive of the nation and distinguished men from all parts of the United States the Southern Commercial congress, in closing its deliberations, departs from the usual method of preamble and reso lutions and contents itself With an ex pression of a series of affirmations, con» cerning which it invites the investiga tion of'eandid men throughout the south, the nation and the world. COAST LINE. Affirmation: We affirm that the coast line and coastal indentations of the southern states are more extensive than those of either the north Atlantic or the Pacific. While the coast line from Bal timore to Eastport is less than 900 miles, the qoast line of the south is over 3.000 miles. Deduction: The possession of this coast line leads to the conclusion that when development in the southern states is commensurate with the case of access to the' commerce of the world, possessed by the south, the south must come to leadership in exports and im ports. , Appeal: We urge our statesmen to take broad views of this great gift of coast line and to ’ consider It is relation to Beutk- America tw the Panama canal and to the commerce of the world, which it places at our doors, and we further urge our statesmen to plan for and* promote the restoration of our merchant marine, without endeavoring to hinder or to se cure partisan triumph. We also urge upon our statesmen the wisdom of making adequate provision for the development of ports and har bors throughout the long coast line of the southern states; for every additional foot of channel depth given to various ’ports of the south has constantly shown the close relationship between channel depth and th t commercial Importance that follows It. k r ENERAL REMARKS. In the above summarV, divided as It is Into affirmation, deduction and ap peals. we have set forth before the ’mind of the world the unvarying bases of national greatness. A section might be considered rich in possession of only <u»e of two of these great blessings showered upon the south. The south has been in possession of all of these bles sings since time began and will be in possession of them until time shall end. Consequently, viewed fron) the physical side, the south has an advantage over the other two-thlrds of the United States. The hindrance has been a lack of affirmative understanding of our people, a lack of technical training on I the part of our students and a disin ! cltnation to labor with the hands, one of the most calamitous after-effects of the weakening influence of a servile race. Granting, however, the possession of these physical resources, it stands , to reason that at once the mind of ftie men «f the south can be turned toward affirmations, toward positive assurance regarding his future and that of • his son and his son’s son. by reason of •h* means at his ■ disp<wnl, the section that he controls becomes nationally im portant, view either from the stand point of commerce, of agriculture or of manufacturing. Consequently, the Southern Commer cial congress trills upon every mother, father, and all teachers' whether colle giate or scholastic, to,believe more defi nitely in the positlvi coming develop ment of the south, so that the children under their care may. from their early years, take a pride in the development of a region so blessed and may become so satisfied with the prospects at Some that they may not weaken the south by wandering far sfeld for prospects that look more alluring but have less enduring baseW of greatness. We re gard the boss and girls of thp sputh' as 1 a more Important asset than any of I the great gifts set forth above; for I all the physical advantages of the south | remain inert and unused as they did lin the ages of savagery unless there ■ is the mind to turn them Into use and .to wrench from U»e mountains their ! treasures. Therefore, we earnestly appeal to our statesmen not only to regard common education as a desideratum, but Also to place within the hands of our chil dren the weapons of victory possible j through vocational training and tAchgj,- • cat education. We therefore, favor the ; multiplication of training schools of ev- I ery kind, within thp south, but particu larly those th»< prepare boys and girls 'to take effective part in the affairs of life from graduation. With these few simple statements we appeal to the world to sweep out of Its mind every lingering misapprehension regarding the south’s development, all men of good Intent who, with perfect propriety, seek to .better their lot in life by transforming thf opportunities that Nature sets before them through causes nnw historic, a racial struggle became fastened upon the south. While, therefore, we are desirous of aid from strong men and true, in developing the south, we hereby declare ourselves un alterably opposed to the filling of the so *’ by men-who have no sense of the ideals toward which we art? strain ing and whose standards of ‘ behavior might be expected to produce a further o%BV»Ucation of our racial problem. TAFT MAY COMMUTE SENTENCE Os MORSE j TO FMII TERM Although President Has Not Opened Pardon Application, Friends Believe He Will Take This Action in Case AUGUSTA. Ga., March IS.-President Taft was early on the links of the Coun try club todayand played the full 18- hole course. Secretary Norton also got out his golf clubs this morning and went over (he course with three friends from Chicago. Reports reached Augusta today from New York that President Taft would today sign a pardon for Charles W. Morse, the convicted banker, serving a term of 16 years in the federal prison at Atlanta. They were entirely erroneous. The z president has not so much as glanced at the papers in the Morse case. These papers are exceptionally volum inous and the president makes it a prac tice to go over every detail of the avail able evidence in all applications for par dons or commutation of sentence. There is little likelihood that any ac tion will be taken on either the Morse or Walsh cases until after Mr. Taft re turns to Washington next week. Th_ pa pers were brought along to be gone over if the president might feel so disposed, but there was no specific purpose of taking'action at this time. The most favorable recommendation the friends of Morse have expected, ac cording to reports they have received from various sources, is a commutation of sentence to five years’ imprisonment. Thus commuted the banker’s term would not expire for several years. It is not known as yet whether the president will attempt to dispose of the Morse and Walsh pardon cases. He brought the voluminous papers in t>oth cases with him, but has not opened either set. Mr. Taft is vary thorough in dealing with all pardon matters and has made it a rule to read and digest all of the evidence in each case pre-/ sented to him. He devotes as much time to the cases as would a judge on the bench, and does not rely entirely upon the recommendations of the de partment of justice or tfye attorney gen eral. MARTIN W. LITTLETON IN AU GUSTA. It is a cofntldnence in conn'ectici with the case of Charles W. Morse that’ the convicted banker's attorney, Martin W. Littleton, of New York, is enjoying a two weeks’ vacation here prior to go ing to Washington, where he will as sume bis new duties as a representa tive tn tongress from the Oyster Bay district. . Two reports regarding the Morse case wefe current hare last wight, to the effect that the pardon division of the department of justice had recom mended that Morse’s sentence of 16 years be reduced to five years and that Attdr ney General Wickersham had overruled this recommendation with an adverse, report on the application. The second report was Just the re verse of this, it being stated that the pardon division had made an adverse report and tlje attorney general had recommended commutation to five years. President Taft said he had not read any part of the papers. What recommenda tions have been made in the case 61 John R. Walsh could not be learned. MRS. TAFT AND DAUGHTER AR RIVE. Mrs. Taft and Miss Helen Taft ar rived from Washington yesterday. WAS DEATH OF BABY DUE TO DRUG GIVEN BY MOTHER ALBANY, N. Y., March 13.—The state continued its efforts today to provp that Mrs. Edith Melber killed her infant son, George, by giving him carbolic* acid in a swamp near Albany. Buoyed up by the rest over .Sunday, Mrs. Melber ap peared to be in good spirits when she entered the court room today. Profiting by the experiences of last week when men and women fought for admission to the court room, the author ities have arranged to exclude all but those properly authorized to be admit ted. AMERICANS PAY HIGH FOR LONDON HOUSES LONDON. March 13.—Wealthy Ameri cans are making high bids for furnished houses in the west end during the coro nation days. One liberal peer is reported to have refused $60,000 for his London residence for six weeks. Another American offered $85,000 for a house in a fashionable street for three months. The owner refused to accept less than SIOO,OOO. It is reported John Hays Hammond, special ambassador from the United States, will pay SIO,UK) a week for the Bqjdett-Coutts mansion. RUMORS OF PLAGUE DENIED IN PEKIN # BOSTON, March IX—"No plkgue In Pekin and Manchuria, condition improv ing on March 6," comprised information received by the American board of com missioners for foreign missions today. The news was contained in a cablegram sent by Dr. Charles W. Young, a medical missionary of the American board con nected with the Union Medical college at Pekin, to his mother, a resident of Mon tana, and forwarded to the board’s head quarters here by mail. , MEMPHIS AND BRISTOL PLAM BIG HIGHWAY NASHVILLE, Tenn., March IX-Tho Mempffis-to-Bristol highway movement is fast getting under way. According to re ports Issued from the headquarters of the association here, about 1,000 commission ers along the way have been appointed to solicit contributions of- labor to* the movement and so far over 15,000 men have signed up agreeing to work two days on the proposed highway. ♦ TOOTHACME CAUSES MAM ♦ ♦ TO EMU MIS LITE WITH GAS ♦ ♦ NEW ORLEANS. March 13— ♦ ♦- Because he had suffered wi’h ♦ ♦ persistent toothache, Robert ♦ ♦ Glover, aged 20, a grocer's clerk. ♦ committed suicide with gas last > ♦ night and his body was found in ♦ ♦ his room this morning. The ♦ ♦ closed door of his rpom had ♦ ♦ been fastened with a stocking. ♦ ATLANTA, GEORGIA, TUESDAY, MARCH 14, 1911. SEVENTEENTH U. S. INFANTRY IN CAMPIN TEXAS 1 < V Llb , T „ ,- - ->•■”' - ‘ffy»aF;Wy y ’ J - \*d!fe\f' W«W •£\ ' s*• ••yJFJ *'■ '■ Wi'*'? ", w .v'-T-^>- <k • — ■* .. ... ig&F "„z ■sl/ *»SL 4;> vSi) ■JSwr <?>«« •- ■ •■■'-*j..-v..- jwWjiyMß 7 Z f' t s' ■ T iUfr. J?V'""'JJ&ffiKo .^~T~" ** jF&wWf j |k I 8 ,* . •At top, photograph shows first battalion of the third field artillery under CoL Lotus Hiles escorting into camp at Fort Sam Houston, near San Antonio, the second battalion of the regiment from Fort Meyer, Va. Below, the’ Seventeenth infantry, from Fort McPherson, Ga., under command of CoL John T. Van Orsdale, going in to camp at Fort Sam Houston, on the Jig 800-acre drillground. FIERI GiSDIINE DRIVES ' BICK 11. I. FIREMEN V "1" $500,000 Fire Holds Two Fire Boats and Firemen at Bay (By AMoeiated Preet.) NEW YORK, March 13. A $500,000 Fhe standard Oil company Is stni burping today and a force of two fire boats and three companies of fire men are engaged In an endeavor to keep the blaee confined to the wharves and storage plant. Th® firemen are hampered in their work by the constant explosions of five gallon cans of naptha which were stored on the piers. , According to officials of the oil com pany the fire started when a tug man threw a shovelful of hot ashes into the river,' close to the dock Igniting some Oil which was floating on the surface. The firemen expect to have the fire under control by tonight Several hundred men are at work on the unburned por tions of the oil company’s piers today, loading on lighters thousands of cans of gasoline which the fire has not yet reached. The fire boats keep a stream of water playing cqnstantly over the workmen and the stacks of cans, keeping the lat ter cool to prevent danger of explo sion. A» soon as all the available cans fyave been removed the burning storage tanks will be opened bjj the use of a small cannon and the burning oil al lowed to flow Into the water, where it can be extinguished by the use of sand FORSYTH WOMEN FORM CIVIC LEAGUE CLUB FORSYTH, Ga., March 13.—At a meet ing of prominent women of Forsyth held at the residence of Mrs. T. J. Hardin Wednesday afternoon at 3 o’clcfck, plans were perfected for the organization of a Civic league club, about 30 ladies were present at the meeting, and because of the great interest and enthusiasm be hind the organization of the civic league, it Is believed that a great deal of ef fective work will be done by tne mem bers of the league in beautifying the city of Forsyth. v The election of officers of the club resumed as follows. Mrs. Z. M. May nard, president; Mrs. T. J. Hardin, vice president; Mrs. R. L. ',7.**uams, treasu rer; Miss Mamie Pinkard, secretary, and Mrs. I’M. McDowell, corresponding sec retary. At the organization meeting an interesting talk was made on im- by Miss Bessie Abbott, of Bessie Tift college, and a letter was read from Mayor O. H. B. Bloodworth pledging his eo-operatlon to the work of the Civic League cluo. Following are the committees appoint ed: Ways and means, Mrs. T. J. Har 'dln, chairman; Mrs. Z. M. Maynard, Mrs. A. jChamblee, Mrs. T. R. Tnlmadge, Miss Mae Cabaniss and Miss Abbott. By laws and constitution, Mrs. B. S. Wil lingham, chairman; Mrs. T. E. Fletcher, Miss Raiford Sneed, Miss Ruth Alexan der and Miss Mamie Pickard. The league Is expected to become affiliated soon with the Georgia Federation of Clubs. Efforts will be made to enroll all the ladles of Forsyth as giembers of the league. Mercer Glee Club Tour' MACON, Ga., March 13.—The Mercer Glee club will begin its* anual tour of the state on March 20, when it gives a concert at Dublin. .The itinerary will include,. Rome, Cedartown, Carroll ton, Newnan. LaGrange, Griffin, Forsyth, Statesboro, Tennille, Americus, Fort Val ley, Locust Grove and Macon. The personnel of the Glee club is as fol lows: Tenors, Prof. Carver, E. E. Lee, R. H. Pirkle, W. N. Morgan. F. B. Vincent, E. R. Scarboro, N. F. Williams, G. R. Hurl burt. K. A. Gaines; basses L. D. Newton, C. E. Powell. B. H. Clark, .1.1. Giddings, W. M. Lester, T. F. Sellers, T. B. Con ner, V. M. Lane, J. C. Moore and E. M. Chapman. JILTED BY HIS SWEETHEART, MAN SHOOTS HER AND SELF ROCHESTER, N. Y., March 13.—Morris Melman, a New Yorker, is dying, and Miss Sophie Laffere, of this city. Is In a hospital here seriously Injured as a re sult of a love tragedy enacted at the young woman’s home last night. Melman fired two shots Into the young woman’s face and then two at himself. The bul lets which hit her were deflected by her high, thick cheek bones and will prob ably not prove fatal. She will be disfig ured for life, however, he shots which LOWNDES FARMERS ARE BUSY WITH CROPS Watermelons, Cantaloupes and Cotton Haye Been Planted Ear|y VALDOSTA. Ga., March 13 —The farm ers have been busily engaged this week in planting crops of various kinds, most ly cotton. The weather has been so dry however, that many of those who planted hardly hoped for the seed to come up. A number of farmers stated this week that they had planted merely because the season of the year had ar rived for it, but they felt almost certain that they will have to plant again after a rain falls. It is not believed that there will be much Increase in the acreage of cotton through this section, though more fertilizer will be used. Watermelons and cantaloupes were also planted this week and the acreage is about the same that it was last year except in some of the ,new territory where new railroads have been built lately. A good many watermelons and cantaloupes will be planted in this terri tory. making the total acreage larger than it was last year. The outlook Is that much more atten tion will be paid to corn and other grain crops than in the past. Thousands of hogs, an& many thousands of chickens and turkeys will be raised in this coun ty this year. OLD NEW YORK SALTS MARVEL AT QUEER BOAT traveler Coquet, of Aberdeen, * Scotland, Is Tied Up at Dock ♦ NEW YORK. March 13.—A fishing boat like these which the Russian warships fired upon off the Dogger bank, is at anchor in New York harbor today, a surprising sight to Ahe old salts along the water front. She is the steam tralwer Coquet of Aberdeen, Scotland, brought across the Atlantic as the result of a se ries of accidents. While on her regular station she was caught in a northeast storm with a tem perature 20 degrees below zero, which froze up her wet gear. By the time she had been th- wed out and got under control she was so far out of her course that Captain Craig decided to head for New York. She Is the fir- 1 of her kind ever seen here and her high bow, lofty pilot house amidships and long engine house drew a continual crowd of long shoremen and seamen to her dock. She has a big catch tfFi board. KILLS HIS BROTHER TO SAVE OWN LIFE LEARY, Ga., March 13—Lofton Whita ker was shot dead here ht a late hour Saturday night by his brother, Phil Whit aker, who fired in self-defense. A sensa tion was created by the killing on ac count of the prominence of the Whita kers. Lofton Whitaker became involved in an altercation with some parties in Leary, and his brother, Phil Whitaker, a prominent merchant, was sent for to take him honje. TRAIN KILLS’WOMAN’. LOOKING FOR MONEY BIRMINGHAM, Ala., March 11—Mrs A. L. Wyatt, 96 years old. was run over and horribly mangled by a switch engine of the Alabama Great Southern railroad at Fifty-fourth street late this afternoon. Melman fired at himself went into his head and are lodged In the brain tis sues. Melman lived In this city until a few months ago and had never been a suitor of Miss Laffere. She refused to marry him when he lived here, and refused hl<n again last night. This is the second tragedy of the kind that has occurred In this city within a week. In the other case the man killed the girl, but did not attempt suicide. DALTON IS EXCITED BY VOLLEY OF SHOTS Expected That Wholesale Ar rests Will Follow Mysterious Shooting DALTON, Ga., March 13.—Serious trouble was for a time threatened here Saturday night when officers arrested Ben Staten, a young white man, charg ed with discharging a pistol at Ben Miller on Hamilton street. A croWc| had surrounded the officers but they got their prisoner out ana took him to jail. It Is stated that wholesale arrests will follow the affair, which Is now shrouded in mystery. Miller was run ' ning when four shots were fired at him, ! one of the bullets passing through his j coat. He doesn’t know who fired the i shots; but bystanders pointed out Sta ten to the officers who were Investigat ing the trouble. According to a state ment made by Miller to Policeman Jack son he ran because he noticed suspicious actions on the parts of members of a crowd around him when he took some money out of his pocket. Staten was taken to jail but was re leased by Sheriff Gilbert on a small bond. He Is alleged to have returned t o the crowd looking for trouble, and was again locked up by the officers. CONVICT GUARD IS ~ ACCIDENTALLY KILLED SANDERSVILLE, Ga., March 11.— News was received this afternoon of the acci dental/ killing of Hj’man Jackson, guard at the convict camp near Oconee, 13 miles from here. Jackson was cleaning his pistol, and An some way accidentally discharged It, the ball entering his left side, ranging up wards. He died within a few minutes. He was about 22 years old and leaves a young wife and one Infant. WOMAN DIES AFTER KILLING TWO OTHERS BANFORD, Conn., March IS.—A bullet she fired into her own breast, after she had murdered her husband and their 11- i year-old son, caused the death today of Cora Wood. Last week Mrs. Wood fatal ly shot her husband, Christopher C. Wood, and their son, Vardemond, then shot herself. The triple tragedy has not been explained. AGRICULTURAL CLUF MEETS AT AUBURN AUBURN, Ala., March 13.—The stud ents’ agricultural club gave a very de lightful entertainment last night in the Comer agricultural hall in place of the regular meeting. Punch and bonbons were served throughout the evening and at the end of the programi consisting of speeches on agriculture intermin gled with quartette and string music. A course of cherry ice ecream was serv ed by Messrs. J. C. Ford. H. W. Cald well and J. M. Moore, assisted by Miss Jenkins. Probes Fire Department MACON, Ga., March 13.—Represent fhg the national board of underwriters. J. C. Howland, of New York, arrived in the city today to begin three tpurs inspection of the fire protection and in surance features of the city. His coming will have a special connection with the effort to secure reduced rates for Vine ville and other parts of the city, which are now being given added protection through the installation of new compa nies. CORPORATION TAX IS CONSTITUTIONAL i ■ SAYS U. S. COURT - Court Ruled It Within Power of Senate to Insert Corpora tion Tax Provisions in the Law (By Associated Press.) 3 WASHINGTON, March 13.—The carper- H ation tax provisions of the Payne-Aldrich tariff act were sustained today as consti tutional by the supreme court cf tha United States. At 12:25 Justice Day began to deliver the decision. He first announced that it \ was-with in the power of the senate to in sert the corporation tax provisions In the tariff law, which originated in the house and of which the tax provisions are a part. Justice Day said, as it appeared to those who listened to htm, that the court held the tax as an "excise tax on the do ing of business,” which Is exactly the basis on which the government has*de> fended the law. Justice Day next seemed to holtl that w the tax provisions were not tho arbitrary exercise of power. Thia was urtred h» ' argument as one reason why the law should be held unconstitutional. By regarding the tax aa measured by income rather than being a tax >ra in come, the opinion seemed, as Justice proceeded, to hold that the law yae con stitutional, notwithstanding the law might reach the Income from non-table sources. The court was unanimous in the corpor ation tax decision. 1 Near the outset of the opinion ta the statement that the tax "Is Imposed not upon the franchises of the corpc ration Irrespective of their use In business, nor upon the property of the corporation, but upon the doing of corporate or insur ance business and with respect to the carrying on thereof, in a sum equlva- j’ lent to 1 per centum of the entire net income over and above $5,000 received from all sources during’ the year; that la, when imposed in this manner it is a tax upon the doing of business with the advantages which inhere In tae pe- f I cullarlties of corporate or joint stock organization of the character described." s Thereby a source of Income of approxi- t mately $25,000,000 annually was assured to the government. Os all the objections to the tax raised by suits in all parts o* the country none of them was found sufficient to nullify the law. The court did net hbld that the tax was not applicablj to the real estate "trust" of Boston, which was organized, not under any statute, but under the common law. The law was held not applicable to the Minneapolis syndicate, a real estate concern, on the ground that it was not "doing busi- ’ ness’’ within the meaning of the law. "This tax, it Is expressly stated, is to be equivalent to 1 per cent of the entire net income over and above $5,000 received from all sources during the year.” This is the measure of the tax explicit- S ly adopted by the statute. The income is not limited to such as is received from property used In the business, utrictly speaking, but is expressly declared, to be upon the entire net income above $5,000 from all sources, excluding the amounts received as dividends on stock in other corporations, joint stock companies, or ; associations or insurance companies also subject to the tax. Justice Day answered the varlois ob jections against the constitutionality of | the tax. He first took up the contention .* that it was a direct and unconstitutional for the same reason that the Income tax Law was declared constitutional In 1895. < He pointed out that the income tax was held to be direct because Imposed upon the property simply because of tta own ership “In the present case.” eaid Justice Day. "the tax Is not payable unless the.re is a 1 , carrying on or doing of business in the designated capacity and this is made the occasion for the tax, measured by the standard prescribed. ''Lx Justice Day took up the objection that the provisions In questions levied a tax ■ upon the exclusive right of a state to grant corporate franchises. In that it taxed franchises which are the creation of a state m Its sovereign right and authority: "We think," says the opinion, "it te the result of the cases heretofore decided | in this court, that such business activl- j ties, though exercised because of state created franchises, are not beyond the taxing power of the United States." Justice addressed himself to tho objection that the tax was unequal and arbitrary. He first considered whether, as heclaimed, the law made an uncon stitutional distinction between corpora .tions and partnerships or individuals. / He said there was a substantial dif ference between the carrying on of bue- » iness between corporation taxed and the same business when conducted by a pri vate firm or individual. “The thing taxed,” said he, "Is ffot the mere dealing in merchandise, in which ' the actual transactions may be the || same, whether conducted by individuals j o r corporations, but the tax is laid upon the privileges which exist in conducting business with the advantagec which in- & here in the corporate capacity of tpose taxed and which are not enjoined by pri vate firms or individuals. These advant- S ages are Obvious and have led to thw formation of such companies in nearly all branches of trade. "The continuity of the business without / interruption by death or dissolution, the transfer of property interests by the dis-A j position of shares or stock, the advan tages x of business controlled and managed by- corporate directors, the general ab sence of individual liability—these and other things inhere in the advantages of business thus conducted, which db not J exist when the same business is conducted « by private individuals or partnerships. It is this distinctive privilege which is the subject of taxation, not the mere buying or selling or handling of goods which may ' ;; be the same, whether done by corpora- - 3 tions or individuals.” ' Measurement of the tax by the net in- | come of the corporation or the com pany, received by it from all sources, H was next defended by Justice Day in his • ‘ opinion as not being so une»tual and so arbitrary and baseless as to fall outsidS of the authoritj- of the taxing power. CHALLENGED REAL ESTATE. i Justice Day said it was especlsJl ob jected that certain of the corporations, whose stockholders challenged tte va lidity of the tax were so-called real es tate companies. NO. SQ.
