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THE DALLES, WASCO COUNTY, OREGON, WEDNESDAY, APRIL 10. 1895.
VOL. V
NUMBER !G.
THE LEADER KILLED
x
A Fight With the Rock
Island Robbers.
OTHERS ESCAPED TO THE WOODS
The Dead Man Fully Identified A
Aggregate Reward of 6000 Out
for Him Other Rewards.
Hennessey, O. T., April 5. Part of
the posse in pursuit of the bandits who
robbed the Bock Island train near
Dover, Wednesday night, came upon the
gang thirty-five miles west of Hennessey
at S o'clock yesterday afternoon..
A ficht ensued in which one of the
robbers killed and others wounded,
As soon as i '-e robbers were sighted the
deputies ju.uped from their horses and
used them as breastworks. While the
robbers made an attempt to retreat two
of their horses were shot from under
them and one man was killed. An
other's leg was broken, but he managed
to get on his horse ; another was badly
bit, but be too succeeded in getting
away. The marshals gave chase to the
retreating outlaws and finally corn'1
them in a bunch of timber about ino
miles from the scene of the battle,
waiting game is being played as the out
laws must have food and water.
The dead man was brought to Hen
nessey at 11 o'clock last night, and has
been positively identified as Dick Yea'
ger, alias Gyp Wyatt, on whose head
there is an aggregate reward of over
$6,000, including $1,009 offered yester
day for each of the robbers by the Bock
Island. He was identified by United
States Marshal Graves and G. C. Krepps
a farmer who was acquainted with
Wyatt. He was also identified as one of
the Dover robbers by the entire crew
this morning as they passed here. Con'
ductor Mack says he was the leader,
In bis possession was found the sack the
porter was compelled to hold while the
passengers deposited their valuables in
it.
Br Lata Hawaiian Mmlll.
Washington, April 5. The last mail
from Hawaii brings an interesting budget
of general information.
An account is published of the bril
liant reception given by Minister Willis
to Admiral Beardeley, to which Presi
dent Dole was not invited. It was at
tended by all the American officers
Mrs. Beardaley, wife of the admiral, sails
for the United States April 20.
President Dole has restored the writ of
habeas corpus and abolished martial law
in the island of Oahu, embracing Hono
lulu, indicating that security again
reigns. Adjutant-General Soper has
issued .a congratulatory address to the
National Guard and others who took
part in suppressing the "late formidable
insurrection."
A Honolulu paper says friends of the
ex-queen declare she will treat with
contempt tne reported oner from a
United States showman of $500 a week
to come to the United States.
One of the papers is indulging in spec
ulation as to President Cleveland's re
ported trip around the world, asking if
he will stop at Hawaii.
ine "Dangerous persons act ' was
adopted before the mail leit. it is a
radical law against those who conspire to
overrule the government, and who come
from other countries to foment disorder,
Texas Officials After Standard Oil
Magnates.
Waco, April 5. County Attorney
Joseph W. Taylor has been informed re-
t cently that John W. Rockefeller and
several members of the Standard Oil
Company, whose names are in the
famous indictment, were in Waco. The
story goes that Rockefeller and bis
r , , , v . . .
irieous wem over to mexico irom a
Florida point, and after enjoying an ex
cursion through Mexico, determined to
make the overland run back to New
York, entering Texas at Eagle Pass.
They went through Waco over the Mis
souri, Kansas & Texas, incognito, in a
sleeper, keeping the doors locked as long
as they were on Texas soil. Judge B. T.
Henry, ex-assistant attorney-general,
said if they had been in Texas since the
bills were returned they were fugitives
from justice, and Governor Morton can
no longer refuse the governor's requis
ition. .
- Tne Jury In the Taylor Case Discharged.
Cabbollton, Mo., April 5. The jury,
in the Taylor case came into court at
$:30this morning, and reported that
they could not agree. The jury stood
Jfen for conviction and five against.
The judge thereupon discharged them.
At 9 :30 the jury was brought into the
courtroom, and Judge Bucker asked:
"Gentlemen, is there anv prospect that
you will agree on a verdict?
"None whatever," replied Foreman
George Fleming.
"What do vou eay?" asked the Judge
"There is no show whatever," replied
several jurymen.
"Do you stand now as you stood from
the first?" asked the judge.
The foreman replied : "The first bal
lot was seven for conviction and five for
acquittal, and the result remained un
changed during all future ballots,"
Judge Bucker ordered the clerk to en
ter disagreement and discharged the
jury, and continued the case till the
next term of court. As the jurors filed
out they were hissed', hooted and reviled
by people gathered about the court'
house. It is the general opinion here
that Carroll county, has been disgraced
by the five jurors who stood out for ac
quittal.
Geosge H. llellbron Dead.
Seattle, Wash., April 5. George H,
Heilbron, managing editor of the Post-
Intelligencer, was found dead in his bath
tab this mornine, at 9:15. Heilbron
arose about 8. He made no complain
of being unwell, in fact, was in bis usual
health, and went to the bathroom to
bathe, About 9:15 the nuree, Mrs
Haines, hearing no noise in the bath
room, called Mr. Heilbron. Receiving
no response, she opened the door.. Heil
bron was in the bathtub stone dead
His death was probably caused by
apoplexy.
Heilbron was born in Boston, Novem
ber 3, I860. He graduated from Harvard
in 1883, and entered the Boston aniver
sity law echool and graduated in 1886,
He arrived in Seattle in April, 1887, and
helped to organize the Guarantee Loan
& Trust Company. He was a prominent
republican leader an-1 stockholder in
many corporations. He was married
January, 1886, to Miss Adelaide E
Piper, of Boston. His family consists
of two children, a boy and girl.
An Insane Californlan Reopens an Old
Wound.
Stockton, Cal., April. Bobinson W,
Smith, an insane patient, was brought
to the asylum here latt night with his
throat cut. Some four weeks ago Smith
slashed himself with a razor while de
mented, cutting through the larynx and
into the windpipe. Physicians sewed
up the wound which is about four inches
long, but on Tuesday Smith secured an
old jackknifeand sawed open the old
wound. The cut now presents a horri
ble appearance, the ragged edges of the
old wound having healed some. Smith
now has to breathe through the hole in
his neck and can. only speak by placing
his bands over the opening and pressing
the edges of the cut together, and then
the Eounds that come from his lips sound
more like the grunts of a beast than the
words of a human being. Physicians at
the asylum will sew up the wound today
England Wishes None of Nicaragua's
Territory.
Washington, April 5. Gresbam is
advised that the British foreign office
as, within the past forty-eight hours,
informed Bayard that England does not
desire any Nicaraguan territory, that her
colonial possessions are already suffi
ciently large to satisfy her ambition, and
that all she deaires of Nicaragua is the
payment of the indemnity. Assurances
are also given that, while England will
show an earnest determination to collect
this indemnity, there is little probabil
ity that Greytown will be bombarded by
the British fleet in the event of Nicara
gua's elow compliance with England's
request. No dispatches regarding Ven
ezuela have been received. .
Williams Still In Havana.
Washington, April 5. Surprise is ex
pressed in diplomatic circles that United
States Consul-General Williams still
continues to discharge official functions
at Havana. More than a month ago
Spain requested his recall because of his
lleged sympathy with the insurrection.
It is now understood that Spain has
made another demand for a change at
Havana. There is no probability, how
ever, that Williams will for the present
be recalled. Possibly the delay of Spain
in replying to Gresham's note may ac
count for the delay in acceding to Spain's
request for the removal of Williams.
Mahan Writing Two Books.
Washington, April 5. Unless CaDtain
Mahan can be induced to accept charee
of the office of naval intelligence L. B.
Kimball will be appointed. Mahan has
asked for a year's leave in order to com
plete two books he is engaged on. In
one of these, a history of the war of 1812,
Mahan will endeavor to show that Amer
ican success was due to the superiority
of her commanders.
The Land League Bill.
London, April 5. The Irish Land
League bill passed its second reading in
the house of commons today.
?aln has no show with Dr. Miles' Fain PUIs.
ALL OPPOSE ENGLAND
To Support France in Her
Claims in Africa.
HAS GERMANY'S SYMPATHY, TOO
Strain Between the Two GoTernments,
Despite M. Hanotaux's Words,
Grows More Intense.
London, April 6. According to the
latest foreign advices, Belgium, both
diplomatically andpracUcalIy, will sup
port France in her claims in the Upper
Nile valley. The Belgian Congo state
expedition, und.r Vandkerchoven
which started in 1893, effected a march
toward the Nile, penetrating to a great
distance inland. This was all that was
generally known of the expedition until
very recently, its movements having
been kept dark. Through a report of
Commandant FranquI, who was left in
charge of the advanced post, which
Vandkerchoven established, the fact has
been disclosed that a number of Belgian
forts have been erected in the Uppei
Nile basin. This is the first authorita
tive information that the expedition had
penetrated to the Upper Nile that has
been made public.
Commandant Franqui has made axe-
port to the administration of the Congo
Btate, informing the authorities that the
dervishes are menacing his position and
urgently requesting that reinforcements
be sent bim before it shall be too late,
On the strength of this it is said that
King Leopold is projecting another ex
pedition, with the ostensible purpose of
strengthening the outposts of the former
one. It is suspected in the foreign office.
however, that, under an agreement with
France, concluded in the autumn of 1894
King Leopold will co-operate with France
in the establishment of a Franco-Belgian
position on the left bank of the Upper
Nile, before the English can secure
similar position and accurately define
their claims.
M. Hanotaux, the French minister of
foreign affairs, demanda that England,
as the first step in the pending negotia
tions shall define what are supposed to
be the boundaries of her sphere of in
fluence. This demand has acted as a
check to the policy Of the foreign office.
The sultan of Turkey holds the suzer
ainty of the whole region in question,
ncluding the equatorial provinces
formerly governed by Emin Pasha. A
section of the cabinet is reported to be
iniavor of making a decisive declaration,
claiming the whole valley of the Upper
Nile to be within the British sphere and
denying that the sultan has any rights
in the Emin territory. It is believed
that M. Hanotaux is willing to refer the
matter to arbitration or to conference,
but, on the other hand, it is suspected
that England is afraid to do either, lest
the question of her occupation of Egypt
should become involved. In the mean
time, the diplomatic advantage rests
with France, and the strain between the
two governments, despite the pacific
words of M. Hanotaux, becomes inten
sified.
The Alleged Decision.
Washington, April 6. The attention
of some members of the cabinet was
called today to a dispatch from Chicago
regarding the publication there of the
supreme court decision on the income
tax, but they declined to express an opin
ion thereon, on the ground it would be
manifestly improper to discuss any
opinions of the court at least until they
had been officially promulgated.
From another, but entirely authentic
source, it was learned that whetever the
decision of the court may be, the presi
dent will not call an extra session of
congress, and even should the decision
declare the law wholly unconstitutional,
the president will adhere to his deter
mination not to call congress together,
and will so announce.
All efforts to secure from members of
the supreme court either an authoritive
confirmation or denial of the Chicago
publication prove unavailing.
Senator Voorhees, chairman of the
finance committee, when told of the pub
lication today, said : "It may be that a
portion of the law may not be sustained.
consider there is a possibility of such
result, but I do not know a thing. I do
not believe any one outside of the court
knows a thing about it. But suppose it
should be true that that portion of the
law regarding rents and mnnicipal bonds
should prove to be, in the opinion of the
court, unconstitutional, the law will not
be materially impaired. It will still
afford an immense revenue. Estimates
are entirely too low on the revenue
which would be derived from the law as
a whole. Instead of it including from
$15,000,000 to $30,000,000, it will add
$50,000,000, $75,000,000 or even $100,000,
000 revenue."
Senator Harris, of the finance commit
tee, declined to discuss the question, as
also did Senator Jones of Arkansas.
Senator Pefier expressed the opinion
that if incomes from rents and bonds
should be eliminated the efficiency of
the law would be materially crippled.
"Leaving out of consideration the
question of the tax on bonds," he said,
"rent is a most important one when one
considers that one-third of the farmers
in the country are renters ; that 52 per
cent of the entire population of the
country at large, and 77 per cent of the
people living in cities of over 100,000
population are also thus classed, and
that in New York city the per centage
of renters is 94. Such a decision would
result in a great spread of populism.'
Officials of the treasury department
utterly discredit the story sent out that
the shortage in the Car&on mint will
reach $500,000. They eay they have no
information that the shortage is more
than $90,000. as stated in an Associated
Press dispatch yesterday. They also
discredit the report that the San Fran'
cisco Mining Association has asked to
have all Carson City gold coin recalled
saying no such information has been re
ceived and there has been no gold coined
at the Carson mint since May 1, 1893,
All coinage prior to that time at that, as
other mints, is regularly tested by the
government assay commission.
M. Cannon Found Dead in His Boom
in a Hotel.
New Yobk, April 6. Anthony . M
Cannon, 60 years old, of Spokane, Wash,,
a guest at the sturtevant bouse, was
found dead in his room at the hotel soon
after 2 o'clock this afternoon. The hotel
people notified the coroner's office, and
Deputy Coroner O'Hanlan, after exam
ining the body, declared that no suspl
cious circumstances, indicating suicide
were visible, and save a permit for the
removal of the body to an undertaker's,
In the dead man's pockets was found
card of the bank of Spokane Falls, in
one corner of which was this inscription
A. M. Cannon, president." Mr. Can'
non has been a guest at the Victoria
hotel for some time, and when that hotel
closed, April 1, he went'to the Sturte-
vant house. He was last seen about the
hotel at 8 o'clock last nigbt. Up to
about 2 p. m. today he had not been
seen to leave his room, and finally one
of the call-boys was sent to investigate.
As the rail-boy could obtain no answer
to his knocks on Mr. Cannon's door it
was forced open and he was found lying
dead in bed. According to the deputy
coroner, Mr. Cannon had been dead sev
eral hours. Death ' was undoubtedly
caused by heart failure, for Mr. Cannon
had for many years been noted as ,the
man with the lowest pulsation on rec
ord. His average pulsation was 38, ex'
cept during the past few months, when
it had risen to 44 per minute. No inBur
ance company would accept Mr. Cannon
as a risk.
Paul F. Mohr, the vice-president of
the. Columbia Bail way & Navigation
Company, who lives at the Gerlach, in
New York, took charge of the funeral
arrangements, and will send the body to
Spokane to the wife of the dead man
Monday.
Grain and Trade Congress.
Mobile, Ala., April 6 The committee
on permanent organization of the South
& West Grain & Trade Congress recom
mended M. P. Thristlewgod, of Cairo,
111,, for president. Resolutions were in
troduced and referred indorsing the
Nicaragua canal and calling on the
government to construct and control the
same; indorsing the Florida ship canal;
naming Charlestown, S. C, as the next
place of meeting, and appointing a per
manent committee on freight rates to
consider discrimination bv railroads be'
tween Eastern and Southern points.
A Scarcity of Beef Cattle.
Reno, Nev. April 6. Not for 10 years
has this state been so free of beef cattle
as at the present time. There is scarcely
beef steer for sale in Nevada, Grant
county, Or., or that portion of Califor
nia lying east of the bierras. Last year
at this time there were fully 25,000 head
seeking a market. Eastern buyers have
cleaned up all the beef in this section.
Cattle have gone up about $2 per head.
There is a better feeling prevailing
among beef people than for 10 years.
Doesn't Concern This Country.
London, April 5. It is stated at the
foreign office that nothing is to be said
in regard to the Venezuelan situation.
The Central News, however, claims to
have learned from high authority that
the dispute is regarded as between Eng
land and Venezuela directly, and the
rumor that the United States protector
ate has been suggested is without foun
dation. Dr. titles' Pain Pills cure Neuralgia. I
TEXT OF THE OPINION
Income Tax Decision Keady
at Last.
DELIVERED IN THE SUPREME C0DRT
Bents and Bonds Exempted From Tax
atlon Field, White and Harlan
Read Dissenting Opinions.
Washington, Aprii 8. Chief Justice
Fuller began this morning to read the
decision of the supreme court in the in
come tax case. He began by stating the
exceptions to the law as made by counsel
for the appellant as follows :
First That the act imposes a direct
tax in the respect of real estate, rents,
issues and profits as well as of incomes
and profits of personal property, and
not being apportioned as in violation of
section 2, article 1 of the constitution.
Second That the law, if not imposing
a direct tax, is, nevertheless, nnconstitu
tional, in that its provisions are not uni
foim throughout the United States, and
do not operate with the same force and
effect upon the subject of tax, wherever
found, and in that it provides exemp
tions in favor of individuals and co
partnerships, while denying all eiemp
tions to corporations, having a similar
income derived from like property values,
and provides for other exemptions and
inequalities, in violation of section 8,
article 1 of the constitution.
Third That the act provides no ex
emption of tax upon incomes derived
from stocks and bonds of the states of
the United States, and. counties and
municipalities therein, which stocks
and bonds are no proper subject for the
taxing power ot congress. The income
from these securities in the United
States amounts to over $65,000,000 per
annum, on which the total annual in
come tax would be $1,300,000.
He then took up constitutional points
involved, dwelling upon the fact that the
constitution required the apportionment
of direct taxes and uniformity in excises
and imports. He also dwelt upon the
question of representation and taxation
which was, he said, the foremost one
when the constitution was adopted.
He then took up the question of tax on
rents.and in so doing discussed at a con
siderable length the question of direct
taxes as considered at the time of the
framing of the constitution. The frain-
era of the constitution were, ne said,
well versed in the government of the
colonies, and European countries, and
were well versed in the literature of the
period, including works on political
ecenomy, and well calculated to pass in
telligently on a matter of this kind. He
quoted various supreme court decisions,
and sought to show that while the in
come tax question had been before the
court, the question only had been con
sidered as applying to the point at issue
in particular cases.
Coming down to the present tariff act,
he said the law was passed in a time of
profound peace, and it was to be taken
as evidence that congress bad sought in
this matter to form a precedent and es
tablish a departure from the established
ines, and it, therefore, became import
ant to enquire into the circumstances
with some attention to details, and for
the purpose of comparison he went back
to the enacment of the income tax dur-
ng the civil . war. He quoted from a
decision in the Springer case, giving the
history of the case and devoting much
attention to it, as he said the defense had
apparently relied upon this more gener
ally than upon any other precedent.- It
is, be said, conceded in all cases, from
Hylton to Springer, that taxes on land
are direct taxes, but in some of them it
was determined that taxes on rents de
rived from land are direct taxes, while
n eome of them it was determined that
taxes on rents derived from land are in
direct taxes. Was there, he asked, any
distinction between the tax on land and
on the income derived from the laud?
The court had been unable to see any
distinction. He closed by saying the
court had reached the conclusion that a
tax on rents was invalid. The chief
justice then took up the question of the
taxation of mnnicipal and state bonds.
The decision was also adverse to this
Highest of all in Leavening Power.
aei&qwweb&. PURE
part of the law, as repugnant to the con
stitution. On other points the court was
divided, and therefore no opinion could
be given. The lower court having ruled
in favor of the law the law would stand
except as to rent and state, county and
municipal bonds, and on these two
points it was directed that judgment be
now reversed.
When Chief Justice Fuller had finish
ed Justice Field began to read the dis
senting opinion, finishing before 2
o'clock. He said:
"I am of the opinion that the whole
law of 1894 is null and void." He laid
stress upon the fact that the law does
not exempt judges of the United States
court from payment of the tax. It was
not right, he said, that the supreme
court should remain silent and maks no
protest when many United States judges
drawing small salaries, would be affected
because of the law. He called attention
to a letter once written by Chief Justice
Chase to the treasury officials protesting
against the deduction of income tax from
the salaries of United States judges..
Justice Field was followed by Justice
White in a second dissenting opinion.
His dissent was largely extemporanoeua
and very long. He favored upholding
the whole law.
Justice Harlan followed Justice White
in a dessenting opinion, and the case
closed. Nothing was said as to how any
of the justices stood save the three who
read dissents.
The decision applies to ' three cases,
the first of which was brought in the
courts of the District of Columbia by
John W. Moore, to enjoin the commis
sioner of internal revenue from the col
lection of the income tax, while the
other two were those of Charles Pollock
vs. the Farmers' Loan & Trust Company,
and Louis H. Hyde vs. the Continental
Trust Company. Both appealed from
the decision of the circuit court for the
southern district of New York. When
the circuit court sustained the law, Pol
lock and Hyde appealed to the supreme
court of the United States. The cases)
were then advanced on the docket and
argued March 7, 8 and 11, 12 and 13.
Attorney-General Olney, James C
Carter, of New York, and Assistant-At
torney General Whitney appeared for
the government, and Choata, Seward,
Guthrie and ex-Senator Edmnnds for
the trust companies and Moore. The
argument attracted more attention than-,
has been given to any case in the su
preme court for years, and the interest
then manifested appears not to have di
minished since, The lawyers for Moore
and the trust companies attacked the
constitutionality of the law on board
grounds, while Messrs. Olney, Whitney
and Carter defended It.
Castellane and His Wife.
New York, April 8. A private letter
from London to a celebrated actress
here, describes the mode of life ot Anna
Gould and her husband, Count Castel
lane. The countess seems devoted to
her husband and intensely jealous of
him, not allowing bim out of her sight,
and insisting on his constant attendance.
After all the talk about the $3,000,000
settlement from the Gould estate, it is
now said that Castellane only received
$25,000, given to bim by George Gould,
to prepare properly for the wedding and
purchase necessary presents. George
was anxious to make a suitable settle
ment and the matter was discussed at a
gathering of th Gould children. The
only member of the family who vehe
mently opposed it was Anna, who said
she wanted to believe the count married
ber for love, not money. The next day
George told the count of tnis decision.
The count was chagrined and said he
would consult his father. Marquis Cas
tellane was furious, and urged his son to
break off the match, return to France
anu marry Mile. DeAlonbazon, to whom
he formerly paid his addresses. The
count said matters had gone too far and
he would be made ridiculous if he broke -
off the match at the last moment because
he did not receive a large settlement,
though he said he had expected a large
dot.
reel Has Resigned.
London, April, 8. Before a crowded
house, at 3:30 P. M., the speaker of the
bouse of commons, Bight Hon. Arthur
Wellesley Peel, announced his resigna
tion, and delivered his- farewell vddress.
De Witt's Witch Hazel Salve cures
scalds, burns, indolent sores and never
fails to , cure piles. Snipes-Kinersly
Drug Co.
Latest U. S. Gov't Report