National Republican., 1888-02-06

House bill 45O3, bo:h intro luced by him,
though he alludes to sections and 4 Of the
first named.
1t was upon this section of these two bills
that the charge was made that Col. Hender-
son proposed to retain the machinery Of the
law, and provides that 1t should not be en-
forced. That there may be no mistake as
to what Col. Henderson said, we give
this section in full.
SIC. 2. That no warrant, in any case under
the internal revenue laws, shall be issued
upon an AFFIDAVIT making charges upon In.
formation and belief, unless such affidavit is
made by collector or deputy collector OF in'
terna revenue or by a revenue agent, nor IN
such cases unless such affidavit is also ap.
proved by the district attorney and written
instructions given by him for the issuing OF
the warrant, and with the exception afore-
said no warrant shall be Issued except upon
sworn complaint, setting forth the facts con-
stituting the oiiense and alleging them to be
within the personal knowledge Of the atiiaut;
and no warrant shall be issued upon the All
davit OF person other than such collector,
deputy collector, or revenue agent, unless the
commissioner or other oihcer having jurisdic-
ton shall indorse upon the warrant and shall
enter upon his docket an express adjudication
that the examination on oath Of the atllant
shows that there is probable cause for charg-
ing the person prosecuted with the otiense,
And the United States shall not be liable to
pay any fees to marshals, clerks, commission
ers, or other officers for any warrant issued or
arrest made, in prosecutions under the inter-
nal revenue laws unless the prosecution has
been approved either before or after such ar
rest, by the attorney of the United States and
also by the collector OF internal revenue, in
the district where the ollense is alleged to
have been committed, or unless the prosecu.
tion was commenced by indictment.
Section 3 of this bill provides that the
Judge Of the court may, at any stage Of
the proceedings, adiudge the prosecution
"frivolous or malicious or not required
by the public interest,"" an 1 authorizes him
to condemn the prosecutor ia case so
a6 Judged to the payment of al costs and
to imprison him until the costs are paid.
There is no word anYw here in the bill about
reducing the number of officials or repeal
| ing the internal revenue law.
Any man with common sense can see that
With this bill enacted into a law th,r
would be no prosecutions for violation OF
| the internal revenue laws. Collectors, dep.
uty collectors, and internal revenue agent:
are not to have "personal knowledge" Of
the existence of Illicit stills nor, If any o
them had, they would hardly take the risk
of being cast in heavy bill IS of costs aud sent
to jail until they are paid.
We have given Col. Henderson the bene
fit OF his denial in full, and now reprint th;
| paragraph to which lie objected, with The
! Law upon which 1t was based. Hereis wha'
the NATIONAL REPUBLICAN said on the 30
instant:
Mr., Henderson, Of North Carolina has beer
selected as the medium to arrange affairs, anC
has introduced bill in the House of Repre-
sentatives which leaves the machinery of tn,
internal revenue laws and the taxes all in ex
isence, and at the same time provides tina
the law shall not be enforced.
The facts justify every word of the charg,
made, that the Democrats were trying tt
dodge the question, aud that Col. Hender
son was the instrument in the work. /
makes no difference how many bills he ha
introduced to repeal the national revenu
laws. He says in his letter he does not be
lieve that can be done, and he is largely re
sponsible for that situation, for he was II
the forty-ninth Congress ana saw speake
Carlisle defeat the repeal Of the tobacco
tax by an outrageous usurpation Of power
Knew that he was opposed to the repeal o
these laws and yet helped to make hin
Speaker OF the fiftieth Congress.
Col. Henderson will have to try sgaiu
The NATIONAL REPUBLICAN hardly eve
makes any mistakes about the position
occupied by members OF Congress and mere
misstates their actions.