The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-16
THE INCOME TAX LAW DOOMED.
THE SUPREME COURT ExPECTEu
TO DECLARE 1T INVALID.


One of the Supreme Court Justices
Drops Remark which shows
what the Decision VIII Be-Tvo OF
the Judges Who Voted 90 Declare
u constitutional nj the First Hear-
ing Now wavering in Their opin-
ions.
Washington. May 15.-'T always knew
the act would be declared unconstitu-
tioual when il was fully understood"
This significant remark was heard as it
fell from the lips of one OF the members
OF the supreme court, IN recent conver-
sation with one OF his associates. The
Justice making the remark was one %
the four who voted against sustaining ths
act originally. but he was not aware that
his simple statement. made as he sup
posed, only for the ear Of his associate
was the first authentic information con-
eerning the decision Of the court since
the rehearing occurred. 1t is understood
that the judges in conference on last
Saturday excluded from the consultation
room the pages and other employees, so
that only the chief justice ana his eight
ASSOCIATES should be the custodians of
this great judicial secret. Members OF tho
supreme court are but human. and they
have the same inclination 10 talk ovep
public affairs out OF bounds. as II weres
displayed by cabinet officers and sena-
tors.
In spite OF the wel-sustained statement
that the court has decided to sustain tha
constitutionality Of the income tax acts
the foregoing sentence shows that tho
decision OF the court viii be against tho
act and, furthermore, II Is known posi-
q "a n 1aafaaa aaHH he NrH
originally voted to sustain the validity
OF the act, after II had been emascula-
ted, but who did SO under great pressures
has within a short period received addt~
tiOnal light upon the subject and willie
when the decision Is formally announced.
make due explanation Of his reasons Tor
changing his position, II he holds TO his
present view until next Monday. IL 10
said with equal positiVeness that another
judge. who voted the same way originally
Is waverlng in his opinion as to the valis
dty of the act, In its mangled condition,
and he may join the majority IN reversing
the original decree Of the court.
These facts have been brought out by
the comment and speculation that has
been IN progress since the hearing closed
last Wednesday, and. although the CHIEF
Justice urged his associates to take every
preeaution to keep the matter profound
ssotet' i uhtl heNt Mohuay' NV Hlalh poid1s
OF the decision has again leaked out. 80
cautious was the chief justice that he di-
rected that the usual practice of printing
the decision before II is delivered should
In this case be suspended and the justice
who Is engaged In drawing the opinion OF
the majority Is to preserve the original
manuscript copy after It Is read In con-
ference next Saturday so that It's contents
may not be seen by any one outside or
the eight members of the court. Mr.. jus
tice Jackson, Paving returned home, will
not see the opinion until after IL Is deliver
ed and printed.
II Is now conceded In administration
circles that the supreme court will decide
the income tax unconstitutional, and the
officers OF the government are anxious
about the additional deficiency in the reve-
nues that will occur from the loss Of the
sum expected to be derived from the in
come tax A member Of the cabinet is au-
thority for the statement that under no
consideration win the President call an
extra session of congress to provide n
remedy for the expected loss Of the re-
turns from the income tax. 1t Is contend
ed that the President could not expect the
republican party to come to the rescue
of the present administration. If, as ex-
pected, the government is deprived of the
benefits from the income tax, the deficit
bonds has to be resorted TO. There would
be but little difficulty in floating another
loan on terms similar to the one with the
MorRan~ Belmont syndicate.
Commissioner Miller Is greatly annoyed
by the report that the income tax is TO
be killed next Monday. He has just fig
ured out a statement from the
face OF the returns already in
hand, showing that the govern
ment might expect about $f4 10000
from the income tax, providing the law
is allowed to stand as left by the former
decision of the supreme court.