Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-03-21
Now York Evening Post.

@NN" A'tN a<fSh'hb NsN
1t would be difficult to overcstimate
the gravity Of the discussion which has
been going on before the supreme Court
in Washington on the income tax during
the last few days. The position taken
on behalf Of the tax by Mr.. Olnev and
Mr.. Carter is that Congress Is the great
depositary of tho rights and privileges
Of the people; that Congress might not,
il is true, exercise the taxing power
arbitrarily, as, for instance, by taxing
bald-headed men, but it might tax the
rich because they We're rich, for the
beniitof the poor, and classify the pDpu-
lation in any way il pleased for the pur-
poses Of taxation, and was the sole judge
whether taxes were direct or indirect,
uniform or not. Mr.. Olney was equally
emphatic in declaring that Congress
could not make mistake ia declaring
what public policy required in the mat
ter of imposing burdens on some por-
tons Of the community from which
others were exempt. con that point
Congress was the sole and final
authority" and its decision once made
was binding on all other departments
OF the government. The court has
already decided, too, that it may go
further than this, and give a name to a
tax, for administrative purposes, which
| will take il out Of constitutional prohi-
billions, without reference to the facts
call 1t indirect, for instance, when it is
direct, or uniform when it is discrimi-
nating-that is, has complete powers Of
nomenclature, dictionaries and popular
usage Notwithstanding. The court has
also decided that in the matter of cur
rcncy Congress may give the name of
"money" to anything it pleases; that it
may decree the circulation as legal
tender of irredeemable paper, as well as
coin, and presumably, authorize man
to pay his debts in any material it may
choose to designate for the purpose.
Congress has also, with the sanction Of
the courts, taken away the benefit of
the writ OF habeas corpus from large
bodies of unoifending persons, who
may be accused of having come here as
Contract laborers," and denied to the
courts the power OF passing on the facts
Of their case, and enabled subordinate
officer of the government to keep them
III confinement for Il practically un-
limited period.
All this is done or permitted under
the rule that Congress is supreme Judge
OF what the "poilcy" of the nation
ought TO be. Ever since the war the de.
cisions Of 1.-The Supreme Court have been
steadily extending the range OF this
power of deciding what our policy
ought to be. The only restrictions it has
attempted to place on Congressiona
powers of legislation have been in the
delivcrance of the States from some Of
the encroachments on their : polio.
powers which sprang up in the recon
struction period. Should the power.
now claimed for it in the matter of tax
alton be added to the powers already
secured in the matter of currency, /
will have firm and unrestricted hold o
the chief interests Of the indiyidual-o
those which most nearly concern hi
happiness and prosperity. Unrestricted
power OF taxation is the greatest powe
over accumulated wealth, manufactures
and industry, and personal freedom
which any government can have, TO
liberty, as llampden found out, canno
be worth much to a man who may b.
taxed in any way some other mai
pleases 1t, in fact, the Supreme Cour
should sustain the income tax on thu
/, grounds set out in Mr.. Carter's and MI
} Olney's briefs, Congress will stand prac
tlcally III the position Of the British
Parliament, without the mass OF Gus
! toms and traditions which keep Parlia
= ment in check, and the constitution vii
be mainly interesting MS q somewhat oh
5 scure but venerable record OF eighteenth
/. century political philosophy. Legisla
/, lahve power on any matter of great iu
portance it will not have.
Whether this will be a good or ba
). state Of things will depend on the kin
:. OF Congress we shall have. During tn
: past hundred years our great boast Ia
: been that we had, by means OF a write
constitution, discovered at last Ii,
), means of protecting liberty and propert
against the excesses and passions I
3 Democratic legislatures, and especial
Y against the attacks on properly Of ii
c poor, the greedy, and INSCRIPTIONS. |
C TACT, it is largely oil this ground that Il
constitution was recommended Il
general adoption. For such q constitl
ton the propertied and saving classes I
" over Europe are signing to-day Us The
trembla before the advances OF
:. fanatical socialstic democracy. "
"a have on this account, we venture to sa
! more than on any other, excited Il
h envy of all other nation. me Co
i. crosses we have had ever since the wa
M or at all events, ever since 100, Ina
a, done good deal to justify this envy
ourselves. When we recall their dca
.k ings with the two great questions OF Il
M tariff and the currency within til
40 period, the idea of releasing our poll
clans from all restraints in deciding
policy, might well alarm even L
bravest of us. The idea that this la
al one, which has just dispersed, cou
r. have ia policy" of any kind will exc
III the mcrriment of any one familiar wi
~ its members and their work.
or course it may be said that, after q
Congress is the product of the popul
~ vote, and TO say that its errors cannot
- corrected by the popular vote is to de
k the fitness of democracy for the work
7. government. This is true of n unit
IS. population which in its politics sec
q; only the general good by differt
H. methods. II is not true of popGlati
~. in which class has been set against ella
y, and the man who has saved and acc
- INFLATED is marked GU. as proper 81
on iect of taxation for the benefit OF eve
IL body who, for any reason, has less tn
IS, he has. Nothing more certain to bri
v. constitutional government 10 ruin tn
TX this idea working among voting poI
n, lation, most OF whom are poor, col
be devised. .... &c.,.
----~n----