Savannah morning news. [volume] (Savannah) 1868-1887, 1881-01-31
The Suit Against Sir. Tiiden-Partl,
sanship of the Z. 5. judiciary.

involving the constitutionality Of the
income tax. 1t seems that Mr.. Springer
refused to pay his income tax, and GER
tain real estate Of his was seized and sold
to satisfy the same.
He claimed that the law was unconsti-
tutional, and brought this suit for the
purpose Of putting the matter to test
The court below decided the income tax
to be constitutional, and that it was an
indirect tax properly laid by the govern
ment, and this view of the Circuit Court
has Just been affirmed by the Supreme
Court.
Since this decision was made it is IN
derstood that the government viii press
with renewed energy the well known
suit against Mr.. Tnden- A Washington
special of recent date states that Mr..
Tilden, through his counsel, about two
years ago, proposed to confess an in
debtedness Of 5000 to the government
in order to join issue in an appeal to the
United States Supreme Court TO test the
constilutionality Of the income tax law.
In the event that the act was declared
constitutional, the government was not,
according to Mr.. Tildens proposition,
to attempt to recover more than the
s., 900 stipulated The Treasury Off
cials, after elaboration, refused to &C
commodate Mr.. Tilden on the terms
proposed, but agreed to join issue on the
tull amount claimed, amounting to
about $50, 900.
There the matter rested until last
spring, when the government purposely
allowed the case to be passed over until
after the Presidential nominations had
been made. and the reason given for al
lowing the matter to rest so long reflects
no credit upon the government, or upon
the judiciary which permitted it. The
Washington correspondent of the New
York Herald says: "The prosecution in
New York thought General Grant would
be nominated at Chicago, and that Mr..
Tilden would again be chosen the stand
ard bearer of the Democracy. 1t was
the opinion Of certain Grant supporters
that in that case Mr.. Tilden's refusal to
pay the income tax, in connection with
some other peculiarities and Irregular
ties that were to be brought out, would
smash things generally. Probably there
never was a more shameful, barefaced
prostitution of the judicial branch of
the service for political purposes than
vas designed in the postponement of the
suit one year.
1t seems, further, that this is not the
only case in which has recently been de
veloped a disposition on the part of the
Federal judiciary to prostitute them.
selves to partisan purposes. In a late
New Orleans exchange we read that
''the indictment of W. ]. Moore, ex-
United States gauger (the party who re-
Gently made the damaging accusations
against Kellogg. by the United States
grand jury, upon the charge of false
gauging, must strike even the most
charitable and unsuspicious persons as
an afteI-thought on the part of the
authorities, in the interest of Kellogg,
whose aim it is to break down Moore's
testimony. Moore, it appears, was
accused some time ago by the Collector
Of Internal Revenue of the crime for
which he is now indicted, and his resigns-
ton demanded. He refused to resign, and
was reported to Washington, after which
he concluded to resign, and his resigna-
ton was accepted. 1t is odd that he
should have been permitted to 60 free
when he was an employe of the govern
ment, and when it would have been an
easy matter, if guilty, to bring him to
punishment, and that he should just
now be indicted, when his ability to
annoy Kellogg has been demonstrated.
1t is shameful thing that the machine
~ of the United States Courts can thus
easily be put in motion to shield from
merited punishment Senator Of the
United States"
When the Supreme Court of the Uni
ted States was deliberately packed for
the purpose of procuring a certain deci-
sion, as was the case during the first adj
minisIratlon of Grant, it became an i'm
possibility for that body to continue TO
be the same impartial arbiter which it
ever had been, and which it was the in
tention OF the founders of the republic
that it ever should be. Up to that
time, no matter what the political
sentiments of the Justices, the whole
country felt that the Supreme Bench
could always be relied on for maintaining
intact the principles of the Constitution.
After that packing, however, the Federal
Judiciary Immediately partook of the
nature Of partisan system, and there is
no wonder that in that famous act of the
drunken Federal Judge Durell in New
OIleans-when he issued a midnight
order to subvert the will of the people
in the case Of the electoral commission,
in the two cases above cited, or in
others which might be mentioned,
it has lent itself to promoting the
schemes and plans of the Republican
party. 1t is to be regretted, for
nothing so threatens the rights and
liberties of a people as much as a
biased and partisan judiciary. 1t is to be
hoped the evil will speedily work its
own cure, and that the two Justices re-
Gently appointed, no matter how strong
ly may have been their political feelings
in the past. will take their seats with the
determination to sink out of sight for
ever the partisan in the just judge.
Notwithstanding the recent statement
that Garfield had become frightened
over the prospect of open war with