Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-04-20
JUSTICE JACKSON
Interest Felt in Him Who Will
Break the Tie.
HISCAREER HAS BEEN A NOTABLE ONE
Work in the Senate and Transfer
to the Bench.
CONDITION OF HIS HEALTH

The keen desire of the opponents of the
income tax to have the Supreme Court in
full bench pass uron the tax awakens a
good deal of interest in Mr.. Justice Jack
son, whose presence with his associates in
October next is now confidently expected.
Nothing whatever is known, of course. con-
cerning Judge Jackson's views on.that sub
ject. 1t has never come before him in any
form, either as legal or political question.
ard hence no position that he ever took
while he was in politics. nor any decision
he has ever rendered since going on the
bench, affords any basis for conclusive
speculation. He will take it up, then, as
his associates of the court recently did,
without having made a record of any kind
bearing on the disputed law.
Election as senator.
Judge Jackson's public career has been a
notable one, and 1t stamps him as man
of unusual force. He came to the Senate
from Tennessee some twelve years ago as
the result of a heated controversy over a
question of the state debt. Tennessee was
heavily involved at the time. and propo-
sition was brought forward, somewhat SIM
liar to that championed by Gen. Malone in
Virginia, for sealing down the states obli-
cations. The democrats divided and ran
two state tickets, and this enabled the re-
publicanS to elect their candidate for gov
ernor. The legislature, however, was dem
ocratic on joint ballot, and among its other
duties, was charged with the election of
United States Senator. The contest for
Senator proved to be bitter and protractei,
and ct one time there was danger that the
democrats. through their inability to agree.
would lose the office. But at last union
of the factions was effected, and Howell E.
Jackson, a member of the lower house Of
the legislature. was elected.
The winner of the great prize was un-
Er
favorably known throughout the states
borders and belonged to what was called
the debt-paying faction of the democracy.
He advocated meeting the states indebt-
edness, dollar for dollar, no matter how
heavy a a-tax levy might be required to raise
the necessary money. He was likewise a
man Of much personal popularity, and when
his name was finally brought forward in
hearty Endorsement.
Elevation to the Bench.
Mr.. Jackson, as Senator, proved the wis
dom of his selection to that office. The
circumstances of his election had called
particular attention to him, and 1t was
conceded that he entered upon his new
duties with diligence and success. He soon
took rank as a sound lawyer, and hts
speeches showed a generous grasp Of pub
lie questions. After a service of several
years in the Senate, and vacancy oc-
curing in one of the federal circuits in the
the place by Mr.. Cleveland In the first
term of his presidency. The choice was
much applauded, and was dictated, it was
generally believed. not only because Of
Senator Jackson's liberal equipment in the
law, but also because Of the stand he had
taken on the Tennessee debt question. That
feature of the record was considered of
especial merit in the eyes of Mr.. Cleveland,
and as calculated to recommend the new
Judge to all of his constituents. Justice
Lamar's death occurred during the term of
President Harrison, and again the presi-
Dental favor fell on the Tennesseean. Judge
Jackson's course on the circuit bench had
won more credit for him, and as a south
ern man was wanted for the vacancy on
the Supreme bench he was promoted. Mr..
Harrison, there is reason to believe. Was
impressed, as Mr.. Cleveland had been,
with the record made in the Tennessee
state debt question, and considered that it
would invite confidence to Judge Jackson
as a member of the court of last resort.
The appointment. though somewhat dis
pleasing to certain republican leaders. who
held that a republican ought to have been
chosen, was well received by the country,
and confirmed by republican Senate.
For a Sound Public Policy.
Nothing in all this is thought to have any
direct bearing on the question OF the con-
stitutionality of the income tax. At most
it is canvassed as showing that Justice
Jackson has always stood for sound pub
lie policy, and against the slightest impair
ment of public obligations, and 1t is thought
to separate him from any possible SYM
pathy with any movement with tendency
to serve agitation at the expense of prop
erty interests. But the constitutionality of
the income tax is conceded to be question
without connection with such a record, ard
which, in its purely legal aspect, Judge
Jackson may pass upon without reference
to any other question. He comes from
section where the income tax is cordially
indorsed, and Congressman McMillin Of his
state was the chief instrument in the
House in securing the enactment Of the
law Messrs. Harris and Bate of his state
were likewise supporters of the measure
when it reached the Senate. But neither
will this be likely to weigh with man of
Justice Jackson's individuality and firm
ness of character. Lawyers speak with
bench and of the soundness of the opinions
he has delivered as member of the court,
and the interest they feel in the premises
attaches to what they believe will grow as
a piece of good reasoning out of the ex-
animation of SO important a question by so
competent an authority.
Effect on His Health.
Among Justice Jacksons personal friends
some generalization is felt at the turn
things have taken. They hope for good re-
suits physically for him from this recog
nized necessity for his presence here. His
poor health is represented as having, in a
measure, affected his spirits, and as he is
a man of high sense of duty and of much
resolution he will exert himself, it is
thought, beyond what he could otherwise
have been induced to do to resume at an
early day his public functions.
GEN. MeeOoNs RETIREMENT.