The representative. [volume] (St. Paul, Minn.) 1893-1901, 1895-05-29

is the great ally in the class struggle OF
the privileged class, inasmuch as that
class invariably takes refuge behind 1t,
and its Interpretation by the courts al
most invariably determines the conflict
IN favor of that class, and the charge
does not seem to be without foundation
that the courts in their conscious or uns
conscious subserviepcy to that class
stretch the intent and meaning of the
constitution beyond all bounds.
The peoples rights and liberties do
not owe their origin to any constitution,
but have been chisled out of hard con-
ditions, each age bringing some new and
dearly bought privilege. Freedom is
SCARED with tokens OF old wars. Con-
situations measure the powers of the
Official class, but do not measure the
rights of the people. Constitutions
grant no rights to the people, but are
the creation of their power, the instru-
ment of their convenience. Constitu-
tons are not the origin of public or pri-
vate rights, not the fountain Of law,
not the cause but the consequence of
personal and political freedom gained
through class struggles and sometimes
revolutions which overturned tyranny,
and the open secret of the decisions Of
the courts against the interests of the
people are that these courts are le-
Ultimate children of this capitalistic
era, live, move and have their being in
capitalism, can deftly find TECHNICAL
ties upon which to base their decisions,
but are totally oblivious of that living
and breathing spirit of liberty making
for the public welfare which long an
tedated our national constitution and
which supplies the Interpretation of the
words of the written charter.
In relation to the income tax decision
as an Endorsement of what have to
say, and as further evidence, If further
evidence was needed. that q class strug-
gle Is now on more serious, more deter
mined, perhaps, than any which has
convulsed any period of history. will
quote the concluding paragraph of the
dissenting opinion of Mr. Justice Brown
Respect for the constitution will not
be inspired by a narrow and technical
construction which shall limit the ne
cessary powers of congress. The decis-
ion involves nothing less than the sur
render Of the taxing power to the mon
eyed class. While have no doubt that
congress will find some means of sur
mounting the present crisis, my fear is
that In some moment of national peril,
this decision will rise up to Illustrate
its will and paralyze it's arm. hope it
may not prove the first step toward the
submergence of the liberties of the peo-
pie in q sordid despotism of wealth."
Paul Fontaine-The decision will
prove the most momentous and far
reaching Of any decision since the ORR
gin OF theis government 1t demon
strates that the monopolies, combines
and trusts have this country complete
ly at their mercy. Chief Justice Fuller
will prove q counterpart tool(and fool to
Chief Justice fancy who rendered the
now famous bred Scott decision in 1857,
wherein he said the negroes were recog-
nized "As beings of an inferior order,
and altogether unfit to associate with
the white race, either in social or poll
teal relations, and so far inferior that
they had no rights which the white man
was bound to respect" and also denied
the right of congress to exclude slavery
from the territories. But this perverse
decision was in favor of the political
power of slave holding aristocrats This
income tax decision is in favor of the
political power of the present plutocra-
Cy OIL WEALTH. tIOUUcU lIOul Iuc pIOuuCtT
on the farm and the working man of
the cities, by the corporation railroads,
wheat rings, elevator combines sugar
trust, and 500 other legal robbers.
Justice Harlan expresses my opinion
when he says:
'In my judgment-to say nothing of
the disregard of the former adjudica-
tions of this court, and of the practice
of the government for a century-this
decision may well excite the gravest ap-
prehensions. 1t strikes at the very
foundation Of national authority in that
it denies to the general government a
power which is, or may at some time In
an emergency, such as that of war, be-
come vital to the existence and preserv-
alton of the Union.
'Why do say that the decision just
rendered impairs or menances the ma
tional authority? The reason Is so ap-
parent that it need only be stated. In
its practical operation this decision
withdraws from national taxation not
only all incomes derived from real es-
tate, but its personal property of the
whole oountry-invested personal prop
erty, bonds, stocks, investments of all
kinds-and the income that may be de-
rived from any such property.
But this is not ALL The decision now
made will inevitably provoke a contest
in this country from which the Ameri-
can people would be spared II the court
had not overturned It's former adjudica-
tions, and had adhered to those princi-
pies of taxation under which our govern
ment, following the repeated adjddica-
tons of this court, has always been ad-
ministered
Thoughtful, conservative men have
uniformly held. that the government
could not be administered safely except
upon principles of right, justice. and
equlity---without determination against
any part of the people because of their
owning or not owning invested or tangi-
bic property.
Gut by its present construction OF the
constitution, this court, for the first time
in all its history, declares that our gov
ernment has been so framed that, in
matters of taxation for its support and
maintenance, those who have money de-
rived from the renting of real estate,
or from the leasing or using of tangible
personal or who, owning invested per-
sona1 property, have privileges that can
not be accorded to those who have
money derived from the labor Of their
hands, or the exercise of their skill, or
the use of their brans.
And it is now held that under the
constitution, however may be the needs
Of the government, however sorely the
administration in power may be pressed
to meet monied obligations of the ma
ton, congress cannot tax invested per-
sonal property, except by a tax appor-
toned among the states, on the basis Of
their population.