The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-09
EIIII SUPREME COURT BENCH
vco,rE TAX REARGUMENT BE
GAN YESTERDAY-WILL
CLOSE WEDNESDAY.
~ QUESTIONS INVOLVED WILL
BE GONE OVER.

AL QUESTIONS INVOLVED WILL
BE GONE OVER.
Five Hours Allotted to Each Side fo
Presenting Their Argument-At-
l torney Guthrie Opens for the
Observation-Disclosures Follows.
n Washington, May 6.-The supreme
Errt, wirh its full membership of nine
Notices on the bench for the first time in
vany months, began the rehearing, today,
| The income tax suits. Justice Howell
i Jackson of Tennessee who has been
Nsent from Washington the greater part
the past year seeking restoration to
kaltb, took his seat again with extra
Ndinary interest attached to his pre-
tnce, since he assumes practically the
bsition Of umpire upon the vital question
d the principle upon which the law is
hsed which divide the other justices into
Dual factions.
Justice Jackson did not appear to be
|eeble, but it was plainly apparent that
|e was FAR from being a well man and
At only by q strong effort could he sit
|hrousnUut the hearing. Most conspicu-
'ga among the spectators in the court was
Postmaster General Wilson, the chairman
the ways and means committee that
banned he tariff act Representative Nc
bijiIan of Tennessee, chairman of the sub
which drafted the income tax
provisions, and eX-Speaker Crisp of the
lOuse. The attendance of lawyers and
Jthers having an interest in the matter
vas notably smaller than at the first
.asual tourists had satisfied their curiosity
o obtain a sight of the prominent men the
he court room was not crowded. But
wo arguments are to be made for each
fde, hy Attorney General Olney and AS
istant A .torney General Whitney for the
2yernms Mt and by w. D. Guthrie and
.osnph Cloate for the appellants, Messrs.
trde and Pollock. Today Mr.. Guthrie
his speech and Mr.. Whitney be-
IAN his md he will finish tomorrow. AS
ne fiINt assigned is five hours to each
fae tn arguments will be closed We'd
lesday ,ternoon.
Washington. May 6.-There was a full
ench . The United States supreme court,
pr the ,!rst time since Justice Jackson
Eft for The South last fall. Justice Jack
pm appeared with the other members of
b. cOur. as the clock sounded the hour
noon md took his seat at the eXtremeI
R5ht Ot he chief justice. Beyond the fact
lat he looks somewhat pale and coughedI
OCCASIONALLY, he does not show any signsI
n the lcng illness which has caused his
Force absence from the court for the
aEt six months.
zinc occasion for the appearance of the
'c1 and of the large audience was
Il of the court for a rehearing in
leone tax cases. This rehearing was,
owever, necessarily postponed while the
1urt announced opinions in several other
ases These and other preliminaries hav
lG been disposed of. w. D. Guthrie, one
fyde and Pollock, in the income tax
Uses, was recognized by the court to be-
n his argument for a reconsideration of
desc cases at 1880.
Before Mr.. Guthrie began, the chief
ust.re, after calling the court to order.
tated that in response to the suggestion
{ the attorney general, which the court
as virtually motion for a
thedrlng, the court had decided to per-
PIT counsel to 90 into all the questions
lvOlycd. He said the rehearing had been
ependent upon the presence of Justice
ackson, which had now been realized.
'he court had found it necessary to limit
be argument to two counsel on each
de. hut it was for counsel to say what
lne they would require. Thereupon Mr..
'hoato md Attorney General Olney. after
pnsult1tiOn, announced that five hours
b each side would be sufficient and this
me was granted. Judge Wilson was also
ermittod on behalf of John G. Moore,
ti.t a brief in the present case.
eMr' Guthrie began by saying that coun-
y for re appellants in the cases had been
pbteclod to considerable criticism for
leir motions for a rehearing but each
Pit justified in the realization of the
lct that there We're manv points still
ndco,dtd in the definite adjudication of
Inch lie entire country was vitally in
2reste" and he assured all concerned thatl
ne counsel for the appellants in the
resent case would approach if in a spirit
[ highest patriotism and with no desire
Dc more self ACKNOWLEDGMENT. He said
he qU ton involved was a constitutional
ne and added:
''Ihe constitution of the political creed
nd con science of the nation, which mustl
ontroi and rule our destiny, and in so far
s this court shall preserve it intact. ac-
ording to its letter and its spirit, or ad-
lit the darkness of error to effront its
gbts 50 will our future progress or de-
or misery, glory or
hame'
Re quoted many authorities to show that
he pcoDle did not understand that word
direct as used in the constitution. an
lied only to capitation of taxes and taxes
.yiad jirectly on land. He argued that
he FACE that congress was given power
lso to Iay on direct taxes can not change
he scope and meaning of the term "di-
bet ,1Xes."
II the constitution thus stood with the
pwer # congress limited to "direct tax
4 would any court ever have held that
llirect taxes" did not include tax un-
u personal property such as the people
every State were then paying for the
|1Dport of the local governments?
When you tax the income of personal
rJppriy you tax the very property itself
IT more than in the case of land. Land
,as some use, irrespective of its incomes: