New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-12
I'LL IL ll OIL 1.

Every hour il grows clearer that Tho Income
tax has involved the country in frishtiul abyss
Of confusion and expense. To find WAY "ui ot
il is no, difficult hut 10 find WHY which it is
ros>iblc ia expect will be- adopted. men being
what they are is not likely. II is impossible. for
instance. 10 expect the Populi>iS who inStigllod
The income tax t. Join in any steps for its OBJ
Utcr11ion from the statute books. even after lhr
ono thing they most desired has been knocked
out Of IT, Men ol common-Scn> might. but men
~ common-scnSe are not Popui>tS. 50 a real
statesman being President. might stop the en-
forccmcnt Of The act at once ~ implacticahlr
and call Congress together. But Prc>idcn, Clcvc
land has declared with his accustomed positive
hess that he will not have an extra session.
one way out was opened. 50 far a> counsel can
do If. hv the petition for rchcaring. which was
filed Yesterday hy the counsel for Pollock ana
HYDE in the eases lust considered by the court
The eminent counsel. Mo>SrS. Choatc. seward
Hris,ov. Guthrie. Wilcox and steele. set forth
that il has from the earliest years been fuI' 81
The court not To decide a constitutional "I>" m
loss majority II The fu bench concur; mat the
failure Of Il majority to dccd" whether I'D" pro
visions rs - rents and bonds nvalidA'" me
whole ac; or whether the act on other Grou1uN
is wholly invalid. rendered il essential ihat me
case should be heard and decided 10y IN" fuh
bench. and they therefore PRAY that tn" eases
may h. restored Ia the docket and rcarcumcnt
II them ordered. If this should b" denied, th'y
pray that the mandate of III" supreme court
nav be SO amended rs 10 order new trial i'll
the court below. tina, il may dccid" whether the
act is wholly invalid.
If the court could hear the cases with Justice
Jackson present some decision might be- reached
though no one knows what. OR II. upon MS
resignation his place could be filled beyond du"S-
ton without waiting for a session "f Congress-
50 that the Justic, appointed might be- confirmed
some sort Of decision might be- reached, though
the talk at Washington indicates that the fresi-
dent would select somebody 10 uphold the m'i-
tilated law But the supreme Court can hardly
be expected, without the presence 81 the nin'h
Justice. TO order a rehcaring. That would be an
admission that Justices had not done their duty
The great uncertainty whether the coming Sell
a,. yould confirm any nominee for Justice known
10 favor the revolutionary income lax VIII prove
a serious obstacle
Men argue that rs the Popullsts have the Dali
ance Of power IN the Senate, ana some iepuo
leans also favor the tax, the majority III inc
Senate will favor it, But II is questionable
whether any Republican Senator VIII vote 70
retain the income tax In its present mutilatcd
state--a shame TO the country ana 10 every one
unfolding it, II Is equally questionable whether
the ma ioritv Of Democratic Senators would take
sides with Chief Justice Fuller, and with Justice
Field the oldest and ablest Democrat on the
hnnch or with the Presidents latest appOnee,
who as Senator strongly opposed the Income TAX
and held il unconstitutional, but as Justice de-
seconded TO a stump speech in favor Of I'll" act.
President Cleveland's influence, II eIcrted to the
utmost would hardly avail much now with
Democratic Senators. 1t seems likely tha'. "lnaS
| culatcd and dishonored rs the act has been 10y
the recent decision, It's retention VIII be drcdnI!
! opposed by a large majority In the Senate
The open way for the President Is TO suspend
the enforcement of the act as a practical imp"s-
| sibility under existing circumstances. and Il
| gross Injustice Also declaring that until Con
! ercss can determine whether 10 retain or how 10
| amend H. he takes the responsibility OF def"Tihg
| all steps to collect that tax. He could then call
! Congress together or wait until December, as he
| might think best. But for reasons obvious To
! those who have considered President Cleveland $
character 1t is improbable that he Will do any
| ,b ~