Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-10-12
TIRE TEXAS Case.
Case of Ashfr VS.. the State of Texas
Before the United STATES suprems
Court on Oral Argument.
Attorney General Hsgg Nskfs Nss.
nlhesn' Argument Before G Crswdsd
Chsmbar-ou;Iins Of His spssca.
Littis Doubt But An Adjourn mont CT Es.
eess ssiil fake Pace Before The si,st
Day of November


Special TO the Gazette.
WASHINGTON, Oct. IL The case OF
asner w. ibe Safe OF Texss, iuyoly-
ing the coEs.i.utIonslity CT the TEXAS
%" teying an occupation tex ppon drum.
ilsL' "no fsH gooos by ssmple snd 9TH
efH!sa Tor outside parties within fb.t
sisfe, Is one Of Considerable iotsrest NOV
oni7 TO Texans, but 10 hosts az o,her
citizens. Asher Was COW cted in Tevss
LOT not paying the tsxes By writ II er.
ior, ME case YES before the United States
supreme court ou ORAL argument to-day.
Iexas wss represented ~ her Attorney
Genera, j. s. Hogg, and the plstntif, in
error oT General Cook INV York. In
me noted Robbins case OF Tennessee, the
saiteu States Supreme court had form
ely decided
AGAIS;T LIKE LAW
In that state. With this precedeu. the
court through Chief Justice FulIer an
nounced that the court would hear wis,
teIis had to ssy in the face OF that de-
clslon. thus throwing the opening speech
on Attorney General Hogg. II Is but
simple justice to thst gentleman to saw
mat ne made q magnificent argument.
For an hour aId forty minutes he held
me closest attention Of the court.
me Supreme court chamber was
PACKED with people, many Of them
persons OF note, includisg mos: Of
the fexas congressional delegation. The
audience W.s ns deeply interested as the
JUDGES, and ss the logical, forcible SEN
fences CT the speaker fell on his hearers
there were
NUMEROUS MODS OF APPRe EATON.
In fact the Texan rose to the fullest
helghth CT the occasion, snd though IL
WAS MS first appearance befo-e that
august tribunal his argument showed
such mastery Of the legsl points in
VOWED and wss made with such effect
mat ecomiums were heard on every side.
hls opening sentences expressing
his sense Ct embarrassment at his
DEBUT were 50 modest and defaren-
sial, yet so humorous thst more
han one CT the grave justices laughed
outright and Chief Justice Frller's hand
.ome face
WORE PLEAsED sIILR,
md more than once In the course of his
sls as GsneTel Hogg used some honey
7oros or phrase, cid the Judges laugh.
lot a. the expense CT the dignity OF the
'rgumept, BIZ: becSuse the sneaker. In
he farvor Of his delivery, threw aside
'etty copventiouelities ana talked With a
reedcm and force that they did not often
lear.
The following Is bare outline Of his
peech: He argued that there is CON
tltutionGl distinction between taxation
nd regulation. Taxation is
BURDEN ARBITRARILY. FIXED
y the government to raise revenue.
equation Is al a. lus.ment Of Affairs by
uie' congress can regulate IDter-stste
omnerce, but 1t csnnot tax l.. 1.-THE
equation Incidentally effects the internal
nairs OF the slate, its primary authority
not abridged thereby. The state has
4 inherent isnd retained right to rem
tie her Internal ofsirs. To this end she
lay TAX eli persons, property, privileges,
ccupaEions ard business within her do
laln. IL In exercising her taxing power
lie incicen tally affects interstate COM
eIcs, she Is not thereby deprived of
or primary right. Commerce OF every
md was afacted by the extent of the
oney drawn BY taxation from the cham
lis Of trade and
HoARDKD IN THE TREASURY.
THIS was interstate Commerce Incl.
'nthily affected by very set of tsxation.
ne tex on the drummer only lnclden
IRE upon the commerce CT the states,
I'd was therefore authorized. To gus-
IN this view various acts of Congress
ere cited wherein like occupations mad
zen faxed IN years gone by, and numer-
ls decisions snd authorities were quoted
support Ct the proposition.
WARMLY PRAISED,
at the conclusion cf General Hoggss
eech Chief Justice Fuller shock his
nc and warmly praised his effort. So
justice Gray IN elegan. terus, while
stice Bradley, who rendered the opin-
q in the Robbins Case, said: ~ love to
ten to man who entert.ins strong
tnions and who can present them in
Gu manly, strsight forward way"
as to what the result mny be, no pre- !
;.ion can be made with safety, cl.houeh
would seem from q surface view that
stste had No case. IsAs very prob y