St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-01-11
INCOME TAX A TARGET.
FILL AND QUAY MAKE AT
TACKS IN THE SENATE.
Amendments Providing for a Test
Of Its Constitutionaiity De-
handed

WASHINGTON, Jan. 1O.-The income
tax came up for considerable discussion
in the senate today i'll the course of the
debate on the urgent deficiency bill,
which contains provision for carrying
the law into operation. Mr.. Hill Dem.
n. " offered an amendment designed
| to afford an opportunity to contest the
constitutionality of the act. upon which
he spoke briefly. Mr.. HIPS amendment
was similartto that otferedshy Mr. Quay
yesterday. and provides that nothing
shall preclude any court of the United
States, having jurisdiction of the par
ties. from considering and determining
as to tile constitutionaiity of the income
tax law whenever by any proceeding
which shall have been commenced or
be pending in such courts snch question
Snail be presented. o.
Mr.. Quay briefly advocated the
amendment, and suggested that the
only thing that now prevented the
steps allowed by the amendment was
section 1924 of the Revised Statutes,
which prohibits the maintaining by any
court of suit to restrain the collection
of tax. Mr.. CockreII Dem, Mo- as
serted that this section did not restrain
the testing of the constitutionality of
the law.
Mr.. Hill was prepared to discuss the
amendment only partially today. One
way to test the eOnStitutiOnality of the
tax would be when an officer of the
government makes the assessment TO
restrain its collection by n suit for per-
manent Injunction. Another way was
to wait until the tax had been imposed
and collected, and then bring suit. The
easiest and best method of raising the
question which was involved gin the law
would be by permanent suit of i'll
junction, which could be heard I'M
meGiately, appealed by either side, and
decided by the supreme court. Mr.
Hill asserted that there was we'll
founded judgment on the part of the
best legal talent, that the law is uncon-
stitutional, wholly or partly, and the
best lawyers had advised their clients
that the law was to be resisted.
Mr.. PETER moved to lay the amend
ment on the table.
Mr.. Cockrell suggested that the only
convention which had inserted plank
i'll its platform against the Income tax
was that Of the state represented by the
senator from New York. and that had
not been carried by the people. This
led Mr.. Hill to reply that the saIhe con.
vention referred to by the senator also
Endorsed the tariff bill for which the
senator had labored and voted.
Mr. Harris dem, Tenn suggested
the withdrawal Of the motion. but Mr..
PETER objected. The motion to lay on
No faf 10 tOct nd Mr
rarily Withdrew the amendment so
that other amendments might be con-
Sidered.
Mr. Squire rep, WASH offered an
amendment appropriating S200,0 900 for
the appraisers warehouse at New York
city, and containing provision limit
my the entire cost of the building to
$1,000, 900.
MIR. Cockreli raised the point of order,
and the chair sustained the point.
Mr.. Hill again offered his amendment
to test the constitutiOnality Of the i'll
come tax and it will come up tomorrow.
Mr.. Quay gave notice OF the three
following amendments which he in
tended to offer to the urgent deficiency
bill:
10 insert a provision repeating the
income tax law, TO insert the entire Nc
AluIty dCL anu lO lHStIL LlC WUUl ldA-
The urgent deficiency bill was then
laid aside and the Nicaraguan canal
bill was taken up. Mr.. Catfery Dem,
ha) declared that, while faYoriug the
construction, lie was opposed to the
means proposed in the bill for effecting
this purpose. Mr.. Catferty argued
against the constitutionality OF the
measure, and asserted that the United
States had no authority TO delegate the
power to regulate commerce 10 the mar
Itime canal commission.
A commission OF engineers should eX-
anime route.
Without completing his remarks, MI.
Gallery yielded to a motion to proceed
with executive business, and at o'clock
the senate went into executive session
and at 5:25 p. III. adjourned.
House Routine.
WASHINGTON, Jan. 1O.-The proceed
ings in the house today were exceeding
Iy dull, most of the day being consumed
in the consideration of the District OF
Columbia appropriation bill, which was
passed. Several bills of minor import
ance, relating to steamship matters.
were passed, and also ten private pen
sion bills.