The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-28
A Contemplate Performance.


Justice Harlan. Of the supreme bench,
is the successor OF the late Judge
David Davis in more senses than one.
Harlan was appointed 10 the supreme
bench by President Hayes, in 1877, to
take the place of Davis. From first to
last Davis was recognized as man
who was burdened with political ambi-
ton. just as Chief Justice Chase had
been. Neither of them received from
their political parties the considera-
ton to which each of them believed
himself entitled: both of them. having
the presidency in view, were willing to
jump their party lines IL opportunity
offered; neither of them ever got
chance worth taking.
Justice Harlan is the heir to the am
bition which Davis cherished. What
ever good thing he ever secured in
the way Of office has come to him by
appointment. Away back in -whig times
he tried TO get into congress, but he
failed. Twice he tried to be governor
OF Kentucky, but he couldn't make IL.
He was on the Louisiana commission
by appointment, and. by that resource,
he is on the supreme bench. They say
that Justice Harlan wants to be land
lord in the white house and that the
populists will do II the republican
party doesn't discover good running
talent in him.
That the associate Justice cherishes
this ambition is indicated by his recent
talk about the income tax. He wanted
the tax sustained. His recent opinion
is more like the ranting of an ambi-
tious politician than the calm utter
ances of a supreme court Judge. Much
of his talk. so any layman can sec,
has nothing to do with the law in the
case. Portions of 1t are an insult TO
the court itself. and by many estimable
newspapers in the country his lam
guage is denounced i'm so many words
as indecent.
Judge Harlan says THAI the decision
of the majority of the supreme benchis
revolutionary; not admitting that PCS
sibly he himself may he wrong. lie
declares that. under the decision. the
constitution must be amended. TO that
the people will answer: IAN right, let
IT be amended; but IL Is the province
of the supreme court 10 say what me
constitution is, not whn, It ouSht 10
be-" One section of the Hatlrn opinion
says: THE judgment just rendered
defeats the purpose OF congress by tax
ing out of the revenue not less than
| $50, 900, 900 and possibly go, 100000 ex-
pected TO be raised from incomes. We
know from the Official reports of both
houses of congress shat taxation would
not have been reduced to the extent II
was by the Wilson at hut for the be-
lief that If the co I1try hal she benefit
of revenue derived from a TAX On in
comes, that cou'd &c safely done
What business has 'ue supreme court
with this or that policy on the part OF
a political party in Its efforts TO iur
the finances Of the goycfhiacn'. Sup.
pose a mistaken polisy lsnves an I'D.
| ministratlol 4 little short of funds
has that anything to 10 with the inter
probation of the cons .l'u .io1 ~ III,
| United States? The HIRAM opinion
throughout is more a political haran
| que than a judicial eXpression. L lacl::
| little of being an insult to the majorlt!
on the supreme bench. Almost on ev
cry hand it is denounced. and II merits
the denunciation of all fair-mindeC
/ men.