New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-22
THE INCOME TAX DECISION.
NOW THE REHEARING WAS BROUGHT
ABOUT
MILLER GIVES OFT AN ORDER
,,o,Sc AWAY WITH ALL THE EXTRA
MACHINERY FOR THE COLLECTION


,,..,.o, Nav 2l-yany more or less ingeni-
- e,oculations REGARDING the history o; the 'A''
,,sio, NJ the Supreme Court OF the Cnied states
nor ne Income Tax law have been circu'ai,'' an"
,he euppssed attitude Of several OF TIE ]us'No'
,boreto n various dates between the c.ose OF ~.
~orcr,,cnt and the reassemblng OF the court N's-
.i. have been set forth with mucn detail II
80, Ia worth while 10 state few facts concern
inc che decision and the preparation OF Opinions.
80 vas hut one formal conference by the
,,s.lces Of the Court upon the Income lax Id" SUI
,, 10 inc rea~gument This conference was
n.ld on Nav H. AMI there was never any "o"''
s..r that conference as to the attitude Of the sew
1 n,s,ices nor as to what the decision oil the
or. would be- nor IS to whether any particular
ofinion would be the opinion Of the Court oi 'o"-
curing or dissenting opinion. The reAedf'hs u ~.
case il j. auihoritatively learned, was ''""s"'
about In accordance with the lons-setied pr"V.'''
~ the Court as lall down In the case OF w a'Ner
"a the Pubic Schools OF 81. Louis. one OF the
Justices. presumably Mr. Sh.raS who voted Wiz"
those declaring the law constitutional al me n'''
hearing expressed desire to have the case re-
argued and communication was then nae WIN
Justice jackson TO learn L he cou'd si' WIN ',e
Cour, But hal NJ moi been able to come TO Wash
,nr,or The rchoar.ng would have been granted JUST
the
The preparations Of opinions was begun at once
after the conference referred 10. ana here i Soon
authority FOR saying that the opinion cNp''S'"s
the Judgment OF the Court was submitted III Np'
~ the several justices as early as last Friday Out
slda NJ the action Of the justices themselves the
chief credit for securing the rchearing OF the case
Is said by those who are acquainted "'h inv 'aO''
10 be due to W. D. Guthrie. OF New-fork' VINO
opened the argument both on the Original H'"'"S
and the rehearng. When the decision OF the court
was announced on April 5. Mr.. Guthrie was I'M
pressed with tho idea that upon rohcarins ma
FORTY Of the Court could be induced TO declare the
whole law invalid, and he advised that r'he@i'"H
be asked for. 1t Is said that he was ani"soh%'
in this by nearly all the array OF eminent cO".S''
engaged with him n the case. Their we" pe''"
that 1t would Dr. best to hold on TO what the!
had rather than l. risk they knew not what. hH'
he pressed the matter vigorously that al idS'
his associates were converted to his opinion
Commlssoner Miner this afternoon sent the io.-
towns telegram to al collectors Of Internal revenue
in the United States: Dispense with tn services
Of all persons employed under allowances made
for income TAX work a close OF business Oh -'in
INST. reporiins az once the number discontinued
and sa.ary and expense Allowance OF each
Commissioner Mi.cr had mis- morning to relteF1'e
his statement made yesterday. that no returns o.
income tax would be returned to the makers hy
hi, office Severa requests for sucn returns were 80
ceived from taxpayers here AMI in New-lork hu;
t. al such the same repy gwen. The returns
wi. be carefu-y stored away under .ock anu Key
until Congress authorizes their return 10 the orig
nal makers or their destruction Al the original ie,
in The Office Of the COnmis si0ncr OF lntcrne Kew.
enue Until Congress by joint resolution autho'iE,
their destruction. among other woriniess records.
by committee appointed by the secreiary o. me
Treasury Under the I'D Income Jaw. which vas IN
force from 1862 70 1872. more than SCJV"vt was
col, ec,ed. The returns were no. treated WIKI any
secrecy. In fact the returns al first We're ploisy
advertised by order OF the Government. and news
papers of that era frequently pub. .shed srNeiA:
pages OF income tax returns. After the system OF
publishing the returns paid advertisements vas
discontinued. the newspapers as matter of news.
continued to print the returns o; Their localities
In ms. the Government was .n'1Dsel
upon or rather the pubic was. men with 10
taxable property would make returns and pay the
sTighf TAX Simply 10 pose before the community as
men OF means Others would pace fictitious va.u-
alton on their property.