The morning news. [volume] (Savannah, Ga.) 1887-1900, 1893-01-21
Ia 1t constiturional2

The arguments thsy Senators Villas and
Hoar have made against the anti-option bill
have raised serious doubts as to whether
the measure is constitutional These srgu-
ments have rot been answered by those who
favor il, and there does not seem to be a
probability that they will be answered.
it was understood that vote would be
taken on the bill last Wednesday, but no
vote was taken, and It is matter of doubt
now when one will be taken. Il is believed
that majority Of the senators are in favor
of the measure. but none of them would like
to 90 on record as voting for bill that 10
unconstitutional.
The argument OF Senator Hosr against
the bill last Tuesday has been the subject
OF good deal Of comment. Among the
points re made are that the bill Is unconsti-
tutional, that it is against public policy and
that if the farmers are so generally in favor
of it as it's advocates claim they can get
their respective states 10 prohibit dealing in
futures.
The bill levies a special tax upon persons
engaged in a certain kind OF business for
the purpose of prohibiting that business.
Senator Hoar declares that congress has no
power to levy such tax. because it cannot
couStitutionally prohibit or obstruct
the business IN question. It is a
business of which the states alone
In which the business is carried on have
jurisdiction. IT, therefore, congress should
pass the snti-option bin it would he guilty
Of a dangerous usurpation of authority.
The senator does not believe tho farmers
are demanding the passage OF the bill. He
is Of the opinion that they are very well
able to take care of their own interests,
and that II they anted dealing IN futures
stopped they would ask the legislatures of
their respective ttltes for such legislation
as would stop it. In his opinion, farmers
have moro to fear from an unconstitutional
extension Of the taxing power than any
other class Of people. He says;
"The farmers OF this country are the class
Of our citizens most likely to be affected in
juriously either by an unconstitutional ex-
tension of the taxing power Of co ngress or
by the establishment OF the principle that
congress. under the guise OF the taxing
power. may regulate all their concerns that
have hitherto been left to state Jurisdiction
Tbs legislation of a half dozen
Of the states can easily put an end to ell
gambling in the product of the soil when
ever they see flt.
II believe that every one OF these states
would obey ths expressed will OF their farm
ers in this particular. But to assert the
power of congress to prohibit, under the
pretense Of a tax, contracts which are made
and to be executed in particular states, and
are purely within the Jurisdiction of state
legislation, think would be fraught with
infinite mischief IL it could be accom-
plished. and that its accomplishment would
be impossible so long as the supreme court
of the United States retains its authority"
We do not know what the sentiments Of
the farmers of the west are 10 respect
to the antt-option bill, but we feel
quite certain that a majority OF the
farmers Of the south are not in faver OF it,
They know that the future market exerts a
strong influences in keeping up the price of
cotton. the cotton exchanges of the south
have expressed themselves TO this effect and
they represent the views held by the cotton
planters. There may be farmers who favor
snti-option legislation. 1t would be strange
il there were not, but it is safe to say that
they have not given the effect OF the future
business on the price of cotton thoughtful
consideration. The number Of them is
much less now when cotton Is 10 cents a
pound than when il was cents.