The sun., 1895-05-09
CII0ATES FINISHING BLOW.
1T U7TERkr DEMOLTSHES JHB
PoPULISTIC INCOME Tx LAW

sb,,,,. ,I,.u n, A. ,,,o,,. ., s,u,,->
.,., No.,
S"'"'" he De''re" N"'ohs'"""n"s
wAsurSGToS MAY s. Mr. JoScph H. Chonto
to-day concluded his argument In the supreme
Court against the constitutunality OF the In
come Tax law. and tho court adjourned until
Monday. May 20. 1t is the opinion OF those who
have knowledge OF the methods Of d!soo,ine VI
cases by the court that drcs sion will be handed
down on that date The regular 10. Ike, for tho
present term was closc,! some time nrp a9d tho
income tax arguments were ma ic under a
special order which expired ut the c.oSc OF tho
ten hours argument. For this reason the court
was unable to grant the request OF ShcilaSlry,r
d Wilson. made by The senior member OF tho
firm. for pcrmi. sion to orally address the c,srt
IN behalf of their client John t.. MORE.
who was the first to make II ties: q: ihr lr..aity
OF the law. he.srs Shrllaiarr-r d Wilson lavo
been in court continuously during the three
days session. and were cvidrnt!y surur,ard at
tic refusal Of III" court TO grant tho permission
for an oral argument The Chef Justice did
not feel warranted In amend ing the order of tho
special hearing however and somewhat regret
fully informed ShellabarEer ~ Wilson that they
must content themselves with filing a printed
brief. The Moore case will thus 20 over t,tho
October term but may never lie tried as there
is u growing conviction aIpong lawyers and
public men generally in Washington that the
court will declare the p6pulistic Income Tax law
unconstitutional in all IL parts
The weight of responsibility that now rests
upon Justice jackson is very great lie has 10
entirely within his own power TO make or break
the unpopular and undcmucratc law, ani the
intensity Of the strain to which his mind has
been subjected during the past three days must
be very wearing to one in his enfeebled physical
condition. AS he is the only one OF the nine.
Supreme Court Justices who did not sit during
the first argument of the case. the lawyers on
both sides have addressed themselves especially
to him. They fastened their eyes upon his
while making their most telling points and tho
only moments when lie was FIRE. from their di-
rect appeals were the few brief ones each day
when he ate his luncheon behind the red silk cur
tains, where he could hear all that was being said
by the lawyers, but could not be seen. Justice
jackson has not intimated to a man in Washing
ton what his views are with regard to the law
now put to the crucial test and his attitude can
only be judged by the views held by him upon
other and somewhat similar important Cousti-
tutional questions. There are those who profess
to be able to form IN opinion of how the deciding
49, wa 49, y, NV t'N. .s 'iIe "a ,i Vi
~ ,ha o,tar "a. -, bou,I ol o .ne
constItutionalitv OF the law. The at.,mpttob has.
On on;n;a,, no., s,,nS tr,ioa,;o.s - pa..,'.
an OPINION upon such Indications Is. however.
a waste OF time. as each of the nine Justices has
been as mute ms n sphinx since the case came
- " ~ o
betore the court, ana justice jackson In particu-.
lar has been most careful not to betray his
nc o' 1''A. II. vas al o'u ino
WING. and that In efevicus eases before the
uneoual and illegal tnxation upon which tho In.
aa,a ra. i.. =. ,"a y. ,, 49, .l.9 . ."
lawyers engaged in the present case, and those
outside who have heard the arguments, TO be-
lieve that Justice Jackson will agree with Jus
tces Fuller. Field, Gray, and Brewer. that each
md everv sec;op ~ ,ho nopulist;c I,y, is uncnn.
a.'..,, 'N' Ia" Is u"'on~
slr.u.'oh".. r'
court drew a much larger audience to tn.
80 Nv, W Ia 'as. .. ".1'eNe ~ ts
cour, room ,o-day 'han were present Yesterday.
ro,unda of the C.pi,ol many PODS away A mn.
..,.-s ' ~, ,s Af' 'i'' - ,
lority OF the wives OF the Justices ana or
prominent lawyers and public officials occupied
the mos, desirable Of the red nlush. h.coverrd
''o ,'''' ",'"o'e va NV 'N 'e'e1
benches to-day. as on Monday, and all were
entertained by the eloauence, wit, and learning
oi tiie E'eu. i,'"'ei s"fsutnen'- inc -i'''rhes~
General and his assistant were not matches for
| turned aside from his own line OF arr.
gument to take issue with what they had.
said to the court, he reprovcd them in n good-
to laugh quietly and some. Of the digniicA and
ored to s,iie their chuckies behind handkcr%
chiefs or legal pnpers. More than once during
Mr. Choate's argument the spcCt ators were on
the point OF appiauiiiE, but the threatening adj
monitions OF The Marshal and his ussistautS
checked the rising cheers in their throuts Ii is
not known what dire punishment would have
been visited upon the audience had they actually
made noisy demons tratiOn OF approval
One OF the conspicuous points in Mr. Choate'J
argument to-day was that the court in its de-
cision OF April g. had practically emasculated
the law and made such broad moi IS in III mesLes
that the very classes OF persons whom It's popu-s
listic authors had designed to catch had been
allowed 10 escnpe uncaught He urged tho
court TO make good This mortallv woundiug of
the law by killing it outright. Mr.. Choate also
rebuked Acknowledgement Olney for bringing
To the attention OF tne court the impoyrr!shei
condition OF the Treasury and tLe un.aiistnc-
tory results of the Tar II law ns reasons why tno
iHr1me my shnuld he unh.Id in mak I'M, lie
latter nupeal the Attorney -IicncraI was giving
expression 10 the upprc hension Of the Admiuis-
tration that there vii certainly he "A de efficiency
nj the end of the fiscal wear IA Drrticted Nv
Senator German and other wei Uniformed De,n-
ocrats instead of surplus MS officially estl.
ma,r1 hy SeCrc,nry Carlisle I'm This subiacs