The sun., 1895-03-31
INCOME TAX DECISION.
THE SUPREME COURT SAID TO HATE
TAKEN n VoTE yesterday.

It Is Known Positively that the Court Hs
Divided. and II IL Rumored that the Ma
jority Is Against the Tax-An Extra
Session OF Congress In Order to Provide
Some Other Source OF Revenue Is Very
Likely to Fellow an Adverse Decision.
WASHINGTON, March 30.-To-day was "Con-
sultaton Day" in the Supreme Court Of the
United States. and 1t is stated on good authority
that vots was taken on the important question
involved In the income tax cases. There is a
possibility, therefore, that tho decision OF the
court will be announced on Monday next, but in
that case there will probably only be a general
announcement Of the principles decided, the
members OF the court reserving tho right
to file their written opinions In support
of these views at some later period. after
giving that careful deliberation and considera-
ton to the questions involved which the vast
Importance of the cases and tho far-reaching
character of the decision render necessary. 1t
is known positively that the Supreme Court is
divided upon tho subject, but in what proper
ton cannot, of course. be stated. Some portion
OF the law, 1t is thought, may DO declared void,
while other portions may be upheld, as the
question is so placed before the court that It is
not necessary for 1t to declare the law in toto
either constitutional or void.
Tho occurrence of frequent "leaks" in con-
nection with Supreme Court decisions within
the past three months gives an air of credibility
to rumors afioat as to the nature of the decision
1t is recalled that the decision of the court in
the Trust" case was known three weeks before
1t was delivered; that in tho Oakland water
front case the conclusions Of the court were
made public q week in advance of their delivery,
and the decision in the Bates refrigerator case,
incidentally carrying with it important princi-
pies in telephone patents now pending in tho
courts. was known on tho Saturday before tho
Monday on which the decision was announced
In view of these facts rumors originating in
the same quarter, to the effect that the court
will decide tho income tax case adversely to tho
Government, are being passed around with moro
credence than such rumors usually receive.
II the income tax should be declared uncon-
stitutional, then q train of events will follow
that no one at this time can clearly foresee. An
extra session Of Congress would bo practically
assured as it 10 admitted on all hands that with
out the revenue to be derived from tho income
tax the present construction of tho tariff law
and the duties under IL not sufficient to sup
port the Government, and when the bill was
framed it was not intended that they should be
The income tax rounded out the complicated
tariff structure and with it eliminated q de-
ficiency OF S2O.o0O,OOO or S30.Oo0.00O year
would be inevitable. The policy Of the Govern
ment ana tne expressed Will OF congress arc
against issuing United States bonds to meet
permanent running expenses: so that It 10 hardly
probable that that method Of meeting the de-
iiciency in face OF no permanent expectation Ot
increased revenue from tariff sources would be
attempted.
There is . general acquesence on all sides not
to reopen the tariff question by rearranging
schedules and thus disturbing business again
be fore the present rates fairly tried: that
this method. also. is not likely to be adopted to
meet the deficiency. An increase of tho tax on
beer from 81 to 81 = barrel. aud perhaps a tax
OF two cents on bank checks. as advocated at
the time the present tariff law was passed.
would receive more support than any other
proposition. These additional taxes it is ad-
initted. could be collected without any addi-
tional expense. The increase OF the beer tax. II
10 well known was not put into the present
tariff law for political reasons opposition to it
having developed in both parties from sections
where the German vote Is potent.
This question OF furnishing revenue to take
the place of the income tax. on the hypothesis
that the tax will be declared illegal. will Of
course. furnish the line along which the new
Congress will be organized. and thus affect tho
personal interests OF the leading politicians of
both parties. 1t is generally recognized among
Democratic politicians who want to put the
Republicans lin hole" tas the expression goesl.
that an extra session OF Congress would be de-
sirabe. Friends of certain Republican candi-
dates for the Presidency also favor extra
session. while the the chances OF Democratic
aspirants for the nomination with the income
tax fes ture eliminated. it is said. would bo i'm
proved