The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-11
EFFECT OF THE DECISION.
Thousand Of LllgationS Expected Fram
The Action in The Income Tax Case.
The POSITION OF JUSTICE JACKSON.
Civil Service Commissioner Rsssevs Holds
That Virginia Has NJ ore Than h er share
of Federal Appointments.
TIMEs BUREAU. RAPLEY BUILDING.
WAsHrScTOS Anil 10. lsl5.

the income-tax case has already opened
up a. thousand avenues of litigation
avoidance and general contempt for the
entire law. 1t is generally regarded here
that the failure Of the Supreme Court
20 finally and definitely settle the ques-
ton is deplorable. The court is com
posed Of an odd number in order that
every decision may be- made by majority,
! and in many instances cases OF great
/ public interest have been postponed In
order that full bench might be present
| at its hearing. This was the mistake
made In the present case and the result
demonstrates the folly OF its trial without
a court organized and sitting as the
! Constitution proposes.
Tn. re is a very interesting story In
this connection. Justice Jackson, who
was appointed by President Harrison TO
the Supreme Court bench from Tennes-
see was elected to the United States
Senate as a Democrat IN 1881 and served
until 1886. Under the first administration
of Mr.. Cleveland he was appointed United
States Circuit Judge, and had as one OF
his clerks the brother OF President Har-
rison. When Mr.. Harrison came into the
presidency and a vacancy occurred in
the Supreme CoIrt. his brother urged the
appointment OF Judge ia ,kson and the
President, agreeable TO his brothers wish,
made the appointment. For many months
Justice Jackson has been incapacitated
by reason Cf physical inhrmities, and
last winter his friends sugg ssted an act
OF Congress retiring him for life, rs the
other justices are retired under the opera
ticn of the law. Justice jackson had not
served the required time. nor had he
reached the age prescribed by law for
D. q 90 Ina
opposition to his requss There was also
another element in the Senate on the Re-
publican side, which refused his retire
ment owing TO the fact that Mr.. Clove-
(. land would have the naming of his sue
cessor Thus IL was that Mr.. Justice
Jackson remains on the bench without
being able TO discharge its duties and
even without the reasonable hope Of
ever being capable of taking part In it's
deliberations.
LAW AS TO VACANT JUDGHsHIPs.
The general provision is that the Presi-
dent shall make appointments TO fill va
cancies occasioned by death or inabil-
ity TO act. II a justice of the Supreme
Court was 10 be Judged insane there
would be question as TO the action of
the President. but in this case the JUS
tice has practically admitted the ver-
dict of his physicians by requesting re-
fremont, and tl.is being refused he re-
mains a member Of the court. and has
complicated its service and thrown the
whole question into turmoil by making ii
possible that the income-tax rests upon
its present basis.
The decision of the court, that rents
and interest from county and municipal
bonds would not be taxable, viii not
effect the blanks already sent out There
have been 10000 blanks given the inter-
nal revenue collectors and no change
will be made i'm them, but the depart
ment will simply adjust the returns when
they are received. Thus all OF the in
quisitorial and other features OF the law
remains and the original blanks will be
returned and corrected here to conform
to the decision
The end Of this matter has not been
reached by any means, and while no ex-
ira session of Congress may result, there
will be further developments.
VIRGINIA AND NORTH CAROLINA APPOINTMENTS
Hon. Theodore Roosevelt. one OF the
Civil Service Commissioners, was seen
this morning. In speaking to him about
the apportionment OF appointments made
from Virginia and North Carolina he
said: Virginia has 800 clerks drawing
S6G SlS.24. while the number Of appoint
ments 10 which she Is entitled Of the
ing to the population OF the eleventh
census $500, would only be 81. North
Carolina has charged 1870 clerks, drawing
S2lS, 7ll.5. Under the apportionment she is
entitled to 303.
From the above, you see your state
has secured quite number more than
she Is entitled 10 under the apportion-
ment. But the reason for this has re-
suited partly from the necessity Of ex-
,fr,ft,
to places requiring special or technical |
or skill, such persons as offer |
ed themselves after due public notice |
with regard to their legal residence. the |
necessities of appointments through trans |
fers, and various non-competitive ex- |
Persons" said he with peculiar quail |
ihcations needed in the special places |
have been found relatively in large num-
bers in the States near the seat of Gov
ernment-notably Virginia. Maryland and |
the District of Columbia"
But, has not our State been charged
with quite a number Of people who never
put their foot upon its sacred soil?" was
asked him.
He said in reply: 1.-THE only proposition
which is necessary 10 discuss at all is
that in making new appointments the
commission should consider the residence
claimed by those already in the classified
service. Before this Government went
under civil service In 1888 the residence
was made and claimed by the individual
himself or else by his representative In
Congress. But now. the applicants are re-
luired 10 comply with rigid requirements
N proof of residence, and. with COM
)aratively few exceptions. have been ac-
iual residents of the States claimed by
hem"
THE PROOF OF IT.
"In proof of this" said he. 81 will have
hirty clerks papers from your State
brought in. and we will see how many
ire from other States, now residents OF
Tour State"
The papers were examined closely. these
'eing departmental appointments. or
he thirty who received their appoint
nents. only one was from another State.
Who was born in Pennsylvania and had
'een a legal resident of our State for six
ears. The law says: ANY persons re-
iding in a State six months previous to
N examination is eligible and can claim |
lis residence from that State after that
ime."
But. Mr.. Roosevelt. how about the
Railway Mail Service?"
lie said that a person residing in the |
district of Columbia could elect Mary
and or Virginia, and compete for the po-
iuons. All appointments which were |
made during the past year were examined |
D see what places the District of Colrm-
ia secured with a competitive examna-
ion with the people of Virginia. "Of the |
ourteen appointments made for the SER
Ice In your State" said the Commits
ioner, Virginia secured thirteen.