The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-05-21

more than the property of tho country
should be at the mercy Of the lawless
Justice Jackson was equally emphatic
and pointed in his comments. He could
not understand, he said, what difference
there was between that class OF incomes
decided by the court to ba within the
rule OF apportionment and the other
classes decided not to BIO within the
rule of uniformity. Nor could he I'M
derstand how the valid portions could
be invalid because OF the unconstisu-
tionslity of other portions. If the prin-
ciple upon which this decision was made
was sound it could be extended SO as to
render the entire act Of 1894 invalid.
The two portions OF the income tax
were wholly sepsrable. No rule or
canon, he proceeded, was better settled
than that the court should not declare
unconstitutional an enactment of the
legislative branch OF the government
unless its repugnsnce to the constitu-
ton was clear beyond reasonable
doubt. In his opinion the decision was
the most disastrous blow ever struck at
the constitut ional power of Congress.
It struck down an important, vital and
essential power Of the government. 1t
left the government, in case of nsces.
sity, without power to reach by taxa
ton in any form the vast incomes de-
rived from the real and personal prop
erty Of the country.
Justice Brown, among other points
raised, said: while have no doubt
that Congress will find some means for
surmounting the present crisis, my fear
Is that in some moment of national
peril this decision will rise up to frus-
trete its will and paralyze its arm.
hope it may not prove the first step to-
ward the submergence of the liberties
of the people in sordid despotism of
wealth. Believing as 1 do that the
decision OF the court in this great case
is,fraught with immeasurable danger to
the future of the country, snd ap.
proaches the proportions of 8 national
calamity feel 1t duty to enter my
protest against it."
Justice White reaflrmed the opinions
expressed by him when the case was
first decided. He stated his views
briefly but with unusual feeling and
animation referring to the further step
OF the court in wiping out the whole
law as dangerous and appalling VIOLA
tion Of the constitu ton which made his
first opinion on the law thousand fold
stronger instead OF weakening it. From
first to last he said the opinion Of the
majority WAS but q series of PROPOSE
lions, one eating up and destroying the
other.
a few extemporaneous remarks made
BY Justice White after the reading of
mis- written opinion were very forcible,
his references to the results
Of war which were received with In
terest, because of the fact that he had
fought in the Confederate army. He
spoke OF the decision as q blow struck
st the American people and said that
the power OF levying an income tax
now left could only be exercised with
such injustice that no legislative body
would dare attempt TO exercise
It for such an attempt would
bring forward a bloody revolution.
The questions which the court de.
,ided to day had been passed upon By
Congress repeatedly during the time OF
war. he said, and II the people had then
toreseen the possibility of such YER
dict as this now rendered, they would
have made it impossible by another
amendment to the constitution.