Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1895-04-13
THE INCOME TAX PABTLY ILLEGAL.
The Supreme Court Decides that to Tax
incomes from Rents and State, Coun-
ty and Municipal Bonds is
Unconstitutional.

WASHINGTON, April 8.-After al.
most month of deliberatiop, the
United Statts supreme court rem
dered its decision to day in the in
come tax case, deciding By divided
court the Jaw TO be valid, except re-
garding the incomes derived fr m
rents and from municipal bonds, to
which points the decision was that
the law was unconstitutional. The
court was tie on the question Of the
constitutionality of the law as whole.
Dissenting opinions were delivered
by Justices Field, White and Harlan.
The opinion vas general among
lawyers and legislators that tie case
would be reached to-day. and the in.
terest which has character zed the
case from the beginning was again
made manifest by an unusual atten-
dance of the public in the court room
Only members of the bar were ad-
mitted to the inner circle'' and those
in attendance included many lawyers
from other cities as we'll as a large
representation from Washington.
There was only one member OF the
bench absent-Justice jackson, who
has not been able to attend upon the
court since last fall, and who has
not participated in the consideration
of the case in any way.
The spectators had not long to
wait for the beginning of the de-
livery of the main opinion after the
court convened. The judges filed
promptly in at high noon, and there
was very little preliminary work
before the chief justice began the de-
livery of an opinion, which is re-
garded by many as the most impor-
tant and far reaching in its effects
that has been rendered in this court
since the days of the rebellion.
There were only two minor decisions
rendered by other members of the
bench, when Mr.. Chief Justice
Fuller, after making few routine
announcements, began at 1905 to
read the courts decree in the caseof
Charles Pollock versus the Farmers
Loan and Trust Company and
others. This was the first in order
of the cases against the trust com
pany. and the conclusion reached in
it applies also to the case of Hyde
versus the Continental Trust Com
pany, as the questions at issue are
the same IN both cases. The chief
justice read with considerable
rapidity, but his voice was at all
times clear and distinct, and the
lawyers present who had familiarized
themselves with the case had little
or no difficulty in following him.
The delivery of the opinion consul
med an hours time, and all present
gave the closest attention.
1t is learned that President Cleve-
land has been besieged with tele-
grams from prominent business men
all over the country, urging him to
call an extra session of Congress to
repeal that part of the income tax
law which remains valid. The claim
is made that the law will now
bear heavily upon portion of the
people whom it was not intended to
affect and releases the very class of
people to whom it was intended to
apply.
1t is said that prominent Demo-
cratic poll icians are also urging q
repeal Of the law, on the ground that
it will become more odious than ever
to the people on account Of the lack
of uniforminity' and will bring the
Democratic party into still greater
disrepute.
1t is privately admitted at the
Treasury Department that not mere
than 100000 a year is expect
ed to be realized from the law. and
therefore as q revenue raiser it will
be dismal failure.