The weekly telegraph. (Macon, Ga.) 1885-1899, April 11, 1895, Image 3
THE "WEEKLY TELEGRAPH: APRIL 11, 1895. IUV1I1 cision of tlie Supreme Court tlie Great Question. INVALID. .. on Kents and on Incomes From Municipal Bonds Will Hot Hold. ' jTBER QUESTIONS OF DIVISION. f Ja.tlco Fuller Delivered Ilia Opln. „f lha Coart, and Jaitlfee pl.ld and White Delivered Independent Opin ion, on the Tax. ■j'llnRWn. April 8.-The announce- *■' ( the decision of the supreme . the united States In the income ^ today was made in the praa- ”,» crowded court room, the spec- lobby being Citocged to Its ut- capacity. Public lu cres; In the J has drawn an audience every do- ,,1 day since the argument took .. that ha* taxed the power and .nutty of the officials to care for. those within la.e rail today * Attorney Oeneril Olney, Aisls- , Aitorney General Whitney and - w, L». Guthrie o£ Iv»~ York: who 1-art in the argum 'nH; Mr. J. V. .«a..n of Waahingtoa. of counsel for 7 Moore, who »ought an injunction retrain Internal Revenue Commls- , Miller from proceeding to carry out laws; Senator David V. IHH of V York. Who so perJlstentlv fought liieen' ii of the tax provision In the K Law; cx-Secretary of the Treasury well; R. R- Bowler, comptroller of treasury; Senators Mitchell and nton; ex-Attorney Gen-ral Garlapd, , George C. Oormaa; and a great iber of attorneys mo -e or less Inter- <i In the action of the court. ,e members of the court, except Mr. Kiate Justice Jackm 1, entered the mber promptly at noon. A few « of minor tmportaore were <ts- Jd of and the chief justice annnunt- that at the conclusion of the sitting Thursday the court woi.d adjourn r Good Friday and sevaral orders of court, after which the great case the day was read Jy him. lie said, ldst almost a painful stl’lness: j am charged with the duty of an* racing the opinion and judgment of ‘court In tlie case of Charles Pollock ius the Fanners Roan and druat npany ot al. The con .-11 nons of IB* rt were elated to te .13 follows: First—That by the constitution fed* taxation i. divided Into two great m: Direct taxes and duties. Mt- i and cxchuw. n-ond—That tho Imposition of Ji nxes I. governed by the rule c-f oril mment among tV several stale . mllng to numbers and the Imposl- of du'lcs. Imposts and excises by hte of unlfurroHy throughout the led Slates. rnirxl.—'That the principal that atlon and representation go together I Intended bo -be and Was preec.-0.ed tie- constitution *>-• the estimate of - rule of apportionment among the ml states so that such nppotllcn- t should be according to numbers •uh state. Fourth -That the st ita* surrender power to levy Impoita and to reg commerce to the general govein- ot. and gave it thj c-n -urrent power ' vy direct taxes in reliance on the "tlon afforded by the rules pre- Rbed, and that the eo.opromlse of the svtltutlon cannot be disturbed by iMatlve action. Fifth—That these cuirluilcne reiult in the text of the constitution nnj • supported by tho historical evidence nlshod by the circ imstances »Lr- Jn-llng the framing and adoption o? at Instrument, and the views of thorn ■ fronted and adopted It. sixth—'Hist the unde.-•■'•."ding ard -nation at the time of the adoption the constitution, was that direct "s were not to be levied by the gen- I government, except unde-- the prrs- • of extraordinary exigency, and t has been the oraefiw down U ..uat 15, 1894. If the power to do so to be exercised as an o-Ulnary and tal means of supply, that fact fur- ihes an additional reason for elrcum- -ctlon In disposing of the prevent BO, Seventh—That taxes on veal estate kmg to the close of ll.-eot taxes and it the taxes on the rone or Income real estate, which I* the Inrldcnt of ownership, belong to tho same class. Eighth—That by no precious dec-.skjn this court has this question been ed ucated to the contrary cf the ri*i- ilone here now announced. Thu-, so -h of the act of August 15, :8J4, es mpta to Imposo a tax upon the Vent Income of real esttto without appor- nment Is invalid. The oourt is further of opinion that s act of August IS, 1894, Is Invalid far as ft sttempts to levy a tax u the Income derived from muni- nl bonds. As a municipal Incorpora- n I* the representative of the state -1 one of the tnetrumentalllles of the ate government, the property end -nuts of municipal corporation 1 ! not the subject of federal taxation, r la the Income derived from state, inly and municipal securities, since lnl below, but had been explicitly waived on tile argument of the case on Ite merits. He said that tho power to jje- cl le a law unconstitutional was used with reluctance, but the respnovlblllty coutu not De evaded wm-n tne necea- elty arose. The contentions respecting this latv were: (1). That a tax on rents was a tax on real estate, and that not being laid according to apportionment It was In- valla. . (2.) That it was not .uniform and a violation of the constitutional require ment that such taxes Khali bo laid with* uniformity. Under this Jicad came the exceptions In favor of those persons who were not In possession of an In come of $4,000; of mutual insurance companies, savings banks and partner ships, all organized for and doing the same business as that o'f corporations authorized toy tho states. These ex ception, it was held, were nrbltraryi and capricious and not based upon sound public policy. (3.) That Incomes from investments in state and municipal bonds could not be taxed. The chief justice proceeded to a con sideration of the constitutional re quirements with respect of the Impo sition of two (forms of taxation, di rect and indirect, and said that the framers of the constitution intended to make the consent of those who were expected to pay esssential to the val idity of any tax. They had Just come out of a conflict upon the great prlnclpel of Taxation ■with representation, and thev were in tended to go together, that congress should so impose a tax that It would fall with even force and effect upon all of the constituents of those who voted for It. The states represented in theconstltutlonal convention, said the chief justice, surrendered tlu»lr right to levy imposts, excises and duties to the general government. They looked forward to the time when great states to tho west of them would be coming into the union, and wtien they gave up that right they did so with confidence that the rule of uniformity would be observed In they laying of taxes by tho cpngreas. THE TAX ON REAL ESTATE. with those on which large corporations were conducted—for the mutual benefit of stockholders. He Inveighed against the exemption of savings and building associations which were not charitable Ithrr money-making or money-saving. All theao exemptions stamped the law as vtosa legislation ol Ulo most pronounc ed character. The law violated every right and comity guaranteed under the constitution. That there should be any doubt about the subject surpassed his comprehension, it the census figures did not convince one ot the magnltdo and Injustice of .the exemptions granted, he did not think congress could be con* VL'nrwh “t-kniush nn« r OTHER SECTIONS OF THE LAW The first question to be consider?;!, said dh'ef -Justice Fuller, was whether or not a tax on rents in a direct tax within the meaning of the constitution. It had always been held, be said, that a tax on estate, real or personal, was a direct tax ,but It might be that the constitution had a different meaning and that It was to be applied to this case. In that view It became necessary to inquire what were direct taxes at the time the constitution was adopted. The chief Justice then made exten sive quotations from the history of the debates In the convention on the sub ject of taxation. The Inference from them, he said, was that the general distinction between direct and Indirect taxation was well understood by the members ot the convention, and that the expectation was that a direct tax would be the last resort of congress. The celebrated case of Hyton vs. the United States, decided March 3, 1798, was then referred to at great length, the ono in which It was held that a tax on carriages was not a direct tax. The several opinions filed by the sev eral Justices were quoted, and Mr. Chief Justice Fuller asserted th»t In none of them was any expression of opinion os to whether or not anything except a land capital tax was a direct tax, but they were confined to the case In hand. Tho case, he said, seemed to turn upon the declaration of Ham ilton as to what constituted direct taxes. If there had been a reference to the decisions of the country from which the United States derived Its jurisprudence It-would have been fatal for In Great Britain Income taxes had always been treated as direct taxes. The opinion then proceeded to re view the decisions made by the su preme court in certain cases arising under the l&w of 1881, which, the chief Justice salt), counsel had contended de clared that an Income tax was not a direct tax and must be regarded as controlling In the case under review. The principle of stare declsus, he con tinued, dnly applied to such cases as are directly In point. No court had over held Itself bound by any part of a decision not necessary to decide the oase before It. The duty of any court charged with the construction of legislations! pro visions was not to extend a decision on a question If an error was likely to be perpetuated or committed. In the light of these observations the opinion considered the decisions down to that In th> Springer case and con cluded that they were all distinguish able from the one In hand. The Spring er case was no exception to the rule, Inasmuch as It did not present the point raised In this esse—Is a tax on rents a tax on real estate? What ' land but the Income thereof? was asked. The constitutional requirement was that dlract taxes should be laid only by apportionment among the states according to population, and this waa a direct tax. There waa no distinction between an annual tax on the value of the land and a tax on the land Itself. Constitutional provisions, It was ssld. could not be thus evaded; It waa the aubatance and not the form or ahadow that waa to prevail In con- strulng them. Upon thla point fKere were many decisions and some of (Hem were quoted. "What the constitution Intfhded to prevent,” said th* chief Justice, that no tax sh"uld be laid on the resi dents of any state by the representa tives of other states.” The exercise of the power to levy d|. reel taxes was to be restricted to ex traordinary occasions. In conclusion, therefore, upon this point, the chief justice announced that the court were of the opinion fhat that part of the law Imposing taxes upon rents obtained from real estate was Invalid. THE MUNICIPAL BOND TAX. ration on the Interest therefrom rates on the power to borrow be- » It Is exercised and has a sensible licence on the contract, and, ttiere- |e. such a tax la a tax on the power the state and tbelr Instrumentalities borrow money and consequently re gnant to the constitution. Upon each of the other questions sued at the bar. to-wlt: '■ Whether the void provisions as to its and Income from real estate In flates the whole act? Whether as to the Income from rsonal property, as such the act Is ''■institutional as laying direct Xe*? 3- Whether any part of the tax. If °t considered as a direct tax. Is In- did for want of uniformity on either l 'he grounds suggested? The justices who heard the argu- “"t are equally divided, add thefS- r " no opinion Is expressed. The result Is that the decree at the reuit court Is reversed and the cause roanded with directions to enter a ■ere* of the complainant In respect dy <>f the voluntary payment of the LX on the rents and Income of Its '** estate and that -which It holds In "I and from the Income from the onlcipal bonds owned or so held by It. ■falef Justice sslil that the Jurts- The tlon of courts of equity to prevent ■ersion of funds by breach of trust illegal payment of funds bad been 'e-iu-ntly affirmed by tho court. The a alien was not r.-ibud In the cuUTt vineed, ‘‘though one rose from tho dead" to convince It. The law was also Invalid In th£t it levied a tax upon tho salaries of the 101 Judges of the United States, many of whom received small salaries. If the provisions of the con- s'itutlon ooulil be set aside by the arbi trary act of congress, where, he asked, would this power end? It was but n stepping stone to other and greater acts t-hat would eventually open the way for a. war between the. poor and rich. Such a power assumed by congress and permitted to go unchallenged, would mark the hour when the decadence at uie nation would coromenoe. If the lim it of the exemption could be fixed at 34,000, future congrwses might fix It at 315,000 or 320,000, thus ouiupelllng one class alone to pay the tax. Or, the limit might be fixed at an amount as a board of walking delegates might de- terinine to be necessary. In conclusion, Justice Field announc ed hid opinion that the whole law of 1894 should be declared to be null and void. JUSTICE WHITE'S OPINION. Justice White prefaced his dissenting opinion «w»th tihe statement that the rendering of long dissents In a court of last resort -was honored more in the breach than in the observance. Their only effect waa to weaken the efficacy of the opinion of the court. Justice White said he should not speak today, but for the fact that the court had over-ruled and set aside established pre cedents and the settled and uniform doctrine of the supreme court down to the present time. He regretted that at this late date this court should thus overthrow an nullify an act of con fix*. supported and affirmed by all text writers and by every decision of t.«c supreme court cf the Un*te^ When the fathera constructed our form of government, they gave it, notllm- ited, but unlimited power to levy taxes, with but one exception—Uiat of taxing export*. The assertion that the consti tutional power of congress was limited was, he thought, the fundamental error in the reasoning of a majority of this court. Otoe great question before the court rwas, fas the Income tax a direct tax? That question was practically de cided a hundred years ago; and he did not deem it necessary to enter into an elaborate review of Hie cases that had been decided. In briefly reviewing the cases presented to the court, he observed that the argu ments made and thb citations used in tais case were the same as those brought out In the Hyton case, and It was the court which asked to again take up the ques tion adjudicated by an unanimous court a hundred years ago. Justice Harlan was of the opinion that a tax on the gains, proflts and Incomes derived from rent of lands was not a di rect tax; that under numerous decisions of this court the Income ctf.ved from municipal bonds was not the subject of specific taxation in any form by the United States. In other mallei* he was In accord with Justice White. At 245 the court concluded the reading of opinions. Upon the question of the constitution ality of the taxation of incomes from state and municipal bonds the court was unanimously In the negative. Upon the question of taxation of rents rnurt stood as follows: Affirming, Justices Harlan ana against the law, Chief Justice Fuller, Justices Field, Gray, Vrswer, xlrtwn and Shlrus. upon the s«n«r«S question c? the ****- stituilonaltty of the law the court Is said to be divided as follows: For the law, Justices Harlan, Brewer, Brown and White; against the taw, Chief Justice Fuller, Justices Field, Gray and Shlras. The president was Informed of the In come tax decision shortly after H was rendered by the supreme court and at 1:29 he summoned Secretary Carlisle to the executive mansion and the two dis cussed the matter for tome time. Other members of the cabinet dropped H later, among them the attorney gen eral. The dedslbn waa a disappointment, but the administration will at once Issue Instructions to collectors of internal reve nue to cohform to the emasculated law. Secretary Carlisle followed his well de fined custom not to discuss Che matter for publication. Attorney General Olney said the gov ernment would not ask for a rehearing, but would accept the decision as ren dered. He was not surprised st that por tion of It excepting municipal ami state bonds from taxation, but expressed the hope that the question of rents might be brought before the court in some other shape, when he entertained" the strong belief that Che present attitude of the court would be revised. In the treasury department. Assistant Secretary Curtis declared that the condi tion of the treasury was good and the revenues amply sufficient to meet current Commissioner Mflier and officers of tho income tax division held a conference to night of several hours' duration at the treasury discussing the hearing of the opinion on the present Income tax ma chinery tn operation and charging it when necessary to meet the changed condition. These !fi«tructions will be ready for publication tomorrow or next day. Ha l)o«a ffot n«li« >N<*xt In onto, the opinion considered the third objection to the law—that It Imposed a tax upon the Incomw deriv ed from Investments In municipal bonds and was therefore Invulkl. Mr. Fuller reasserted the general prin cipal that a tax on government bonda waa held to be a tax on contracts, and prejudicial to the public Interest. It was therefore, obllvtoue that such a tax on states or municipalities to make contracts ww prejudicial to public pol icy, and therefore unconstitutional. On the other matters Involved In the case of Hyde vs. The Continental Trust Company of New York city, and In the case ot John O.Moore vs. Joseph 8. Miller. commWoner of Internal reve nue, fbr an injunction to rertraln him from proceeding to carry out the law, appealed from the courts of Gw Dis trict ot Columbia, Chief Justice Fuller stated that the oourt was equally di vided. The Judgement of the lower courts, as far as It related to the pay- courts, mont of tax on rents and state and mu nlclpel bonds, wn reversed. In the Moore case, the effect of the murt's action la to affirm the refusal of an In' C notion against the commissioner ot ternal revenue. THE DISSENTING OPINIONS. Justices Field and White read lnde-1 pendent opinions. Jisftice Field devoted pome time to a review of the questions regarding rents and denounced the principle sought to be established by the Income tax law. Many of fa Is con clusions were In conformity with those expressed by the chief Justice. He also attacked the law, owing to Ita lack of ;o Decision of th? Snnromo Court Is What He Desired aad Expected. Tax < Fron Innfrlpul and State Ilev Hullwuy Corporations Will Hold Under tho Com I'm Decision* What is ilneton, April 8 —Senal or HS of New York, who more than any ono elio an'tagonlzed the enactment of tho In come tax into law when before the sen ate, was an Interested HpeetWor and close listener In th.• oourt room when the opinion vrtis handed down today. II s (presence was aeddoufcil, however, as be waa called here from Albany to argue a Now York cns« that was on tho calendar for today. Ho Is greatly pleased at tho result of the ease and dlscmsed the effect of the decision. "I am nadurilly gratified,” he said, Vt the decision of the court by a vote of 0 to 2 on two Important questions Involved in the act. They aro fcoiii questions I had e-'etully considered end vigorously preu»?el in the senate among dehor oblurtlons to the law. For myself, I never had any doubt that Ihs tax Imposed by tho tucome tax ki.w It a direct: tax In all its features, and hence an nnconsiitutloual law. I nat urally think the opinions of Justices Fuller and Field are very oble and con vlnc!nr_- and will raar.ve the approval of the bar throughout the United States. “There nev.-r was any good reason for the enactment of the Income tax law. It -was pressed upon congress by a lot of Populists, socialists, cranks and disturbers, and their views -wc-e unwisely adop.od. It w-as classed ns one of the worst kind. From u polit ical standpoint it was the height of fol ly to adopt letfislatlon of that charac ter. It bad never been laid down as a Democratic prlnMplc nor adopted In any platform. It w.if foisted en tho party In «n effort to get vo'es from n class of people who <I1<1 not vole the ticket. lit antagonised the business community, delayed the snliptso-n of a tor.II roform toll and tils Injured .the Democratic party over Since. , ‘Tlho effer; of the decision will, In my judKnionlt, be excellent for On; country. ! llive no qaetoaUm but that the -wh ile not -wttt ovcn ually bo de- clarnt ur? •-n ttutlonal. The first act of the next oongrati rtiould be to re peal the hiw and atone for our bkin- den, bat unSintun-.rtely the Itepubl;- cans w 11 n i the benclit • f the repeal. It -u'-ul-1 be til,- iiuir.1 Mipr-ine folly on tin- pa ill of tho Detn-vifitlc party to s-ttenur.. to indtotaln nn In law iwlicn s imo'of its prior:,<il rcattm - have already been declared to 1 c-ustltiri-oKil by a vote - f •! to 2 and when the ««>ol.- act Is belkwed t< Invalid by til bust one-half of i he Judges who httar.1 the -angumoat. The true policy for the country and tho Democratic party to pursue u to lot the general government collect. '•» rev enues by tariff taxes and « kmlt«l annum of Internal revenue taxation— strictly So-cnUad—and penult the states to impose direct taxei “The invalidating of that phrt of the la,w npjdjrlng to itocomej derived from rents is far-reaching tn. its conse quences. It will materially reduce rtie revenues expected and deprive the act of one of the principal argumen-ts as advanced aa >1110 t'-mo Is favor of Its pasuage. via., Ito roat-h the rents derived by owners of real estate who reside in foreign countries. The law Is unjusti fiable and undenaicr&tio and 1 rejoice that it has ui( l; at least a portion of Its de.ii h blow; the rest trill follow lu due time.' Hiferring eriponSully to the state ho wpnuenU. 8ena;tor IIIU continued: * "The iknlslon Is of great benefit to the bus nos, interests of Now York stfite. The munWpul bonds held | ( y the orpofattons and riwten* of Sew York are cnomsxH. I do not rervvH tbc figures, but 1 have seen tlie agp-e- gaite staled ss something more than a thousand million* of da«lar*. The de cision relieves them from die payme- t of the fin on -the Income from -beso investments.. The deoislon relative to municipal bond* being placed on tho ground thrit tbc municipality Is an !n- strumenhillty of state govcrolent, vlr- Castorla is Dr. Samuel Pitcher’s prescription for Infants and Children. It contains neither Opium, Morphine nor other Narcotic substance. It Is n harmless substitute for Paregoric, Drops, Soothing Syrups, and' Castor Oil. It is Pleasant. Its guarantee is thirty ycar3* uso by Millions of Mothers. Castoria dostroys Worms and allays fovcrislincss. Castoria prevents vomiting Sour Curd, cures Diarrhoea and Wind Colic. Castoria relieves teething troubles, cures constipation and flatulency. Castoria assimilates tho food, regulates tho stomach and bowels, giving healthy and natural sleep. Cas« i toria is tho Children's Panacea—tho Mother’s Friend-^ Castoria. *-ca.terla Is an excellent medlclno for chil dren. Mothers have repeatedly told mo of its good effect upon tbelr children. Db. G. C. Osaoon, Lowell, Mass. Castoria Is tho host remedy for children of which I am acquainted. I hop© tho day la not far distant when mother* will consider tho real interest of their children, and use Castoria in stead of the various quack nostrums which oro destroying their loved ones, by forcin^opium, morphine, soothing syrup and other hartful agents down their throats, thereby sending them to premature grave*. 1 ' Da. J. F. KnccnELOB, Conway, Ark. Castoria. > • *ii " Castnrlft in Bn well adopted to children that I recommend It oasuporiortoany preocription known to me." n. A AncnKR, M. D.» 111 So. Oxford St., Brooklyn, N. Y. ** Our physicians In tho children's deport ment Imre spoken hlRlily of their experi ence In their outside practice with Castoria, and although wo only havo among our medical supplies wlial la known ns regular products, yet wo aro froo to confess that tho merits of Castoria lias won us to look with favor upon It." Vkitkd Hneerral. ink Pisrsasinv, Boston, Mass. Allis C. Smith, JYe*., The Centaur Company, '(( Harr., Street, He— Y<wk City. Profeasor Charles E. Dwight at Wheeling. W. V«i, writes: “I regard Dr. Price’s Baking Powder as per fectly pure and wholesome. I am using It In my own family and It gives per fect satisfaction.” NO EXTRA SESSION. President Cleveland and Mr. Carlisle See No NeceosKy for It. Washington, April S.—The president, on being asked thla afternoon whether tn view of she decision ot the rupreme court on the Income tux law, an extra session .Of congress would j* tailed, ■aid that neither he nor the secretary of the treasury saw any necessity for such action, and that unless there was an unexpected change Id conditions, be had no idea that congress would meet again before Uis Ume appointed for Its regutur session. The effect of the supreme court’s de cision on the Income tax law, so far as the treasury officials can determine, after a hurried estknsfe made Ibis afternoon will be a reduction of about onc-bsif In th* revenue originally es timated as obtainable from that. Bounce, thus making the annual revenue to be expected about 315.000,000. The original estimate of 330.000,000 a year was baaed on the assumption that the law would be held to be oonatMutlonal >n all ot Is provisions. Colled-ors of Internal rev enue will be notified of the decision, and Instructed to make whatever cor rections may "be necessary thmugfi the decision rendered today In she b'ank forms furnished them by the commis sioner of Internal revetw*. No new forms will be Issued, and the wort of preparation for the collection ot the tax will proceed without delay. EliaCKCil UJT »***. **rasas*, w wi uniformity, and dwelt upon ha exemp tions and the many discriminations found therein. Taking up the .exemption of mutual Insurance companies, be declared that they sure conducted on lines Identical BUCKLE1T8 ARNICA SALVE. The best salve In the worl-1 for ruts, bruises, seres, ulcers, salt rhaum. fever pores. Utter, chipped hands, chilblains, cornet and all akin erptlona, and positive ly cures pile*, or no pay required, it Is guaranteed to give p-rfeet satis ruction ... I.. •!.■', r. f ::.-!-l l-rl " :its ikc box. For ealv til ti. J. lxclxt 4 Svn. tikiSj- (I--rides that railroads and other cwjvmvdoo* iwhleh piy the Irate of Ntw York (awl somo other state*! certain pan’ of tho'r earning, fe- the support of tlin studs government ore not taxable under the Inoomo tax law Those »Dd other eonpor.iMons are cre ated by the state, ou: the general gov. eroti-nt, and the tuxes ire special t.!X*rt u«,d f.w the stale government stnl ore jam as tnudb an matrumen- t.llty of n’ate government as la n atalo bond. (i municipal bond or any oth* metii* which the state his Ji-tited foe the purpose of rati ng rnrytue.” “Hie scooter of suorwnaey—wwayod easily by Dr. Price's Baking Powder. IN (UDCraVBRff HANDS. TensacdbL Flo., April 8.—The Booth era States (mart and Umber Company, ono of the lugnrt popcorns doing bu«l- nesrt here, was placed In the binrfc of rtrrivcns todiy by order Of Judge Par- dee of New Orleans, Th4* Is an Kcff- hah company sod bus offices hi Pensa cola, Now York and boodon. The re- frivera are S. M. Lanvtt- and W. P. VtpC-.imlck of LcalsvtBe. Ky., and Clarence Carey of Now York. Hie bns- Ineat win be continued by the three receivers attending to the American husln-w* and Ercntt Jfori of Loudon the Enghah bus!news end. • • MARVELOUS RESULTS. From a letter written by Rev. J. Ounder- man, of Dimondale. Mich., wo are per mitted to make this extract: -j have no healtatloa In recommending Dr. King's New Discovery, jurtha result* wen al most marvelous In the ease of ray wlfo. While I was pastor of tho Baptist church at Rivas Jan-*Ion vho was brought down with pneumonia, succeeding Is gri Terri Wo parpxlem* of coughing would hat hours with Utile Interruption and It seemed a* If aha could not survive them. A friend recommended Dr. King** New Discovery; It was quick In lu work aad highly satisfactory la results.” Trial bottles free at H. J. Lamar a Sons f LANSING APOLOGIZES. Go Is Not So Certain of H t Proof Against Mr. Glere*-ibd. Boehm; April 8.—lle.v. 1. J. Lansing whoso references -to ttoo president lu his address -before the New Eng's ml conference at: Salem last l'liu-stlay tdgbt provoked extended cr’.flcwm, gives out this gtotnmaat tonight: ‘‘My allusion made In a temperance a-ldriM at Salem ou Thursday ns to the drinking It atolls of the president of tho United Stale* was hutil partly ou cejnmon report and partly on testimony of eye -wrltn-pssrtt. From v.-.riou* Ind - pendea; sources which I liH’ovd- to lx- wholly reliable, I htnl Ikh-o informed the tilth president had been seen ou different < ccjsi- ns and In the presence of many -person* In an Intoxicated o in- dlKoa. From the aulKtanltlsl and dc- ta'itvi character of (these triaicfuents, 1 snpposul 'there \uis nr) tlouhr as to tho farts. I therefore made this allusion a* a tmMUr of common report, basing iny confidence on the Ptatlna-ny of per- s 11. Mi'l :n I .((:.;• I -I t - Id... itVuwra Tho ”iti:— -_*r thau wit. iKM-.’s iibvtously 1 cannot srith propri ety reveal, since sharing their knowl- edge In common wth many others, they might junily shrtslf fro.-ti being soiled out ami aided to verify some thing which not only they but othctM aqua Uy with themselves had ocnl proof. I must therefore *ay thut It my rttateineru ntpiVKluc’ng Hiich te*t‘- mony I* not In harm my with facia* 1 regret having made It. I could have no.t-tnv desire nor mtotlvc for saying acjihlng unkind or uncharitable <t the president or of any p.irtjr wtoitso- erer. The case bring ono ot conflict of testtino-ny iK-tiw-a-o witnesses .-.f equal creditability, 1 cmn it deride, and since 1 have nn personal knewl’- edge apart from the ttwt mnnv, I wi fa- draw the uraleamart and' (tender .ipoio- gle* utNl (dneere regret* to the presi dent of the United Ktitar* amt to the puldlo. |. J. Uinsltig. “Borion, Apr# 8, 1805.” Tlie City Court Solicitor Ausworcd Al Charges ns Thoy’Wero Made. SPALDING WAS 11ISINF0K11ED. The County Attornoy Wu Delegated t Look Into the Matter Last Week, but the City Court Solicitor Held a. Full Hund. Atlanta, April 8.—(Sktecial.)—'Solici tor Lewie M. Thomas of the much be devilled city court appeared before a meeting of tho board of county com- mlnaloncrfl today, called for tho pur- pos of in Btlgatl the ■Mt of his offict’, in respo to hnvo the charge Bp.-ddimr tli it justice of miscarrying ther to his d. i n l Hi bott Ansomic Women with pale or sallow complexion^ or suffering from skin eruptions or scrofulous blood, will find auick relief in Scott's Emulsion. All of the stages of Emaciation, and a general decline of health, are speedily cured. Scott’s Emulsion takes away the pale, haggard look that comes with General Debility. . It enriches the blood, stimulates the appetite, creates healthy flesh and brings back strength and vitality. For Coughi, Cctds, Sore Throat, Bronchitis, Weak Lungs, Consumption and Wasting Dis- cues of Children. Srnd Jtr our famfUrt. Mailt J FRP.n, ScottSBosne, N. Y. All Druggists. 60c.ind|l. council of srr. man, •Atlanta, April S.—(Special. I—Erer since 1877 It baa boon the peculiar doty of i,be governor to oppol it the mayor ami aldermen of tho little town of St. Mary’s, down la Canid.*! County, the only place 4n Gnvrgli where the pec pie do oog choose their muolclpal gov- erom-at. Todiy Gov-vnor Atkinson named Jcbu Ktcba(d*>a mayor and John -It. Richlott, I.. J. Long, J. G. Ku- 4ol[*i, A. C. Wright and Robert Tump- kins, Jr., Aldermen tor the ens uing term of cue year. The publio considered ili.it It had - liod enough oT the city court, und enough of Investigations generally af ter the police department fl.i o anil tho Jumbo Hunter comic opera, but CommK-loncr Spalding of tho county commissioners for one. at least, (lid not appeal- to be satlaficfl with the com plete vindication that had been given to Solicitor Thomas and last week * -t things In motion to Insert tlio probe again by making charges of Irregu larities In the solicitors office before the board. The board appeared to bo itching to-do something to attract at tention, anil after several of the talk ing members had had a crack at the city court, taking the general attitude that th ire must bo something runk In Denmark, Chairman Collier oven declaring that tho governor ought to t>e uskeil to investigate, It was ordered thut the county attorney should «ei to It that tile legislature puts the so licitor on salary at lu next meeting, thus depriving him of ht* alleged prlncel/ Income, -which princely in come deprive* the outnty nf too use of many convicts so badly needed to work the Exposition grounds and other waste places. At tho meeting today Solicitor Th-,mas played a full hand. He an swered the charge* mudo by Com missioner Spalding Item by Item— al most ad Infinltm. At the conclusion tho board as wready to admit that Commissioner Spalding had gone off half-cocked when he Jumped tho city court rabbit, and they decided that the Investigation should be no Invae- fixation and that the records Hh°ulcl show that the solicitor had explained the crouds away, but they declined to vote him a vindication on tho ground that such an act would be aft implied reflection upon Cemmladoner Spalding and wua, therefore, not a neccosuryl thing to do. Mr. Spalding for himself stated that he thought the Information upon which he accused the city court of shortcomings was reliable. T-- »ubj-,-t of th • ni xt investigation has not yet been announced. Watth'nKton, April S.-The onmrkrol- ler at the currency has declared s sec ond dividend of 15 per cent., making 55 per cent, in all. In flavor of th-> cred itor* of flw Oglethorpe National Bunk of Brunswick, Oa. FOUR BIG SUCCESSES. Having tbs Beaded merit to mors than make good all the advertising dalmed for them, the following four remedies bars reached a phenomlnal sale: Dp King’s New- Discovery, for consumption, coughs and colds, each bottle guaranteed—Elec tric Bitten, the great remedy for liver, stomach and kidneys. Buck ten's Arnica Salvo. the beet in the world, and Dr. King's Now Life Pills, which ar* a per fect ptO. All these remedies are guaran teed to do Just what Is claimed for them and the dealer, whose name la attached herewith, wit be glad to tall you mere of them. Sold at U, J. Lamar St Son’s Artf UP re. ee °UKE Cigarettes ©GARfmsS wd u son* fcCcv 'rrrrSSp caT£* y MADt FROM High Grade Tobacco AMi ABSOLUTELY PURE