The Logan County banner. [volume] (Logan, W. Va.) 1889-1903, 1892-05-26
pEcisioa OF THE COURT.
rho People Aro the Tribunal That Must
Finally Decide.


Finally Decide. 4e.=g..--.
The supreme court overrules every
point made against the validity of the
Mckinley bill, and does it in a style
which became familiar enough in 1876.
Nothing else was generally expected,
though it was supposed by some that
the court would not go so far MS to
assert the validity of clause attempt
ing to give the president power to de-
clare levy of taxes not already levied
by law. This it does. however, but
the decision in no way affects the ques-
ton. The supreme court is tribunal
Of last resort only when it is right.
When it is wrong appeal lies from its
decisions to the power and the right
whose creature it is--the power and the
right of the people, who are above the
wrongful findings Of any tribunal what
ever.
As the decision is reported by tel
egraph the co1rt holds that the Nc
Kinley bill does not authorize the pres
ident to levy retaliatory taxes but
prescribes taxes to go into effect under
certain prescribed contingencies. This
is an unworthy bubble. The clause
does prescribe certain rates Of taxation
on certainarticles, but it does not levy
them nor make them operative. On
the contrary, coffee, teas and hides
being already untaxed, it removes the
taxes from raw sugar and molasses,
leaving these articles untaxel alto
gether. Then it prescribes certain
Toe - IA = ~, I.
does not tax them at all. Instead of
doing so it declares that the president
shall have power to levy taxes at the
prescribed rates after January /, 1892,
if he chooses to do so. These taxes do
not exist by Legislative act hey have
no existence at all. There are no such
taxes No legislative act has put them
in force and no date has been set by
Legislative act for them to go into force.
They do not exist nor can they ever
exist by legislative act until such act is
passed putting them in force.
As every republican on the supreme
bench knows, as every one who watches
public affairs knows, the repub-
Iicans of the Reed congress passed this
clause because the constitution ex-
plicitly provides that all such meas
ures as this must originate in the
house, and because they did not ex-
pect them to have a majority in the
succeeding house. Not wishing to de-
knowing that democratic house
would never pass such measure
they attempted at once to evade their
own responsibility and to bind sue
ceeding congresses, because as long as
the senate is republican the democratic
majority in the house cannot undo this
action by which taxes are to be levied
by the president
1t would have been different in no
essential had the Reed congress passed
this clause:
That on and after January /. 1892, the pres-
dent may levy by proclamation n lax Of 200 per
cent ad valorem on any and all articles he
pleases He shall have the power and 1t shall
be his duty 10 do so when in his opinion it is ex-
pedent
This is the taxation by proclamation
clause of the Mckinley bill, except that
here the absolutism is extended to all
instead of to specified decisions.
This is the longest step taken to-
wards absolutism in the history of the
country, but it would have been ruin
Gus to the republican party to have
had the Mckinley bill declared invalid
with democratic majority in the
house and with campaign opening
with every indication of popular hos
tility to the bill There Could be no
greater or juster reproach against the
courts decision than the statement of
the fact that the decision nowhere
creates surprise and that none are less
surprised than those who most dcplore
its action.
The republican theory of absolute
ism in government must run its course
to its logical conclusion. Nothing will
be lost if the defenders of constitution
al liberty surrender nothing OF princi-
pie in accepting and acquiescing in
facts as they present themselves while
repubicapism is working out its own
destruction. St Louis Republic.