The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1895-04-13

nocaee.ru -. ~ II, nntras that we're direct
q taxes q the time the constitution was adopted
Tha t,ftv- tlareA members at the constitutional
Sconvan Il N vere ma, q rreat aaeacdty.
alive tn tie dutias anl responsible ltties 81 their
| fr,nst They hads hafnra them the example OF
great Brftain and the constitutions 81 the
several rtatHa which thew md III MANY. caaea
helned TO frnma MANY 81 them were woll
yersed IA the literature Of the times, es-
pecially on the subject Of political economy 4
The chief Justice then made extensives QUO
tations from the history OF the debates in. the
ts.an 9.e " .s,, ~ ss;a u,s +hat the as
era1 disttnction between direct and indirect
taxation was well understood by the members
Of the convention and that the expectation
was that direct tar would be the last resort
Of congress-.
What the constitution intended to prevent"
said the chief justice. was that no tax should
be laid on the residents OF any state by the
representatives OF other states. The exercise
OF the power to levy direct taxes was to pc re-
strtcted to extraordinary occasions #
In conclusion therefore, upon this point, the
chief Justice announced that the court were OF
the opinion that that part OF the law imposing
taxes upon rents obtained from real estate
was invalid
State and Municipal Bonds Exempt.
Next Id order the opinion considered the third
objection to the law: That it imposed tax
1 upons the incomes. derived from investments In
state and municipal bonds, and was therefore
invalid
Chief Justice Fuller reasserted the general
principle that the tax on government bonds
was held to be tax on contracts and
prejudicial to the public interest. It was
therefore obvious that such q tax on the power
OF states or municipalities to make contracts
was prejudical to public policy and therefore
unconstitutional ID
| WI
1uc4;cos Field and Write read inde-
nendent opinions. the former holding
the law wholly invalid.
should He Declared Null and Void.
Justice Field devoted some time to review
OF the provisions regarding rents, and de-
nounced the principle sought 70 oe estaDnsneo
49,, ~ su0 n o cnntormitu with those axnressed
by the chief justice He also attacked the law
on account Of its lack Of uniformity and dwelt
upon It's exemptions ana sne many 1',a.9as
T r1Hs announced his oninion that the whole
law Of 1894 should be declared to be null and
void
Thinks the Law All nlkne.
~. 81 e,',t.,, >, -,
n un ,one dissanta ~ court ~ last
was more honored in the breach than in
the observance Their only efect was to
weaken .ne emo1ency o. me opnnion n o. Inc
mt ,or the tact that the court had overrnled
and set aside established precedents
and the settled and uniform doc
tr1ne OF the supreme court GOWN TO me presea sem;
court should thus overthrow and nullifv an
act OF congress- supported and affirmed by
all text writer's and by every decision
OF the supreme court OF inc united stases
Hno"' =. 'no Deo. -.
"AeH1Nd1oN, APiA .. NC ,eneco "a
tue 81 coul. ueclslon " 1ne ~
come TAX ID" so lar as 'ne treasury ue-
Pa a. oneia1s GU ur.no
a11er q . nurrieu es .,, 70 n1ae -a Mon
Jay aAeefnoon "n1 o0 teuuo
ZION OF aDout one.nall II 'ne reyenue
or1glnally es1ilna.eu DE- op't,n1oio
aroin .nae source Vuus naAk Wy. ~
n =. ~ revenue I've ~, 70 70 eAPecveu a.ou ~
elo'uo'o IVY Ahe org maj es.ln1taso -
WV01OoOsOSO ~ ySsSA ''~"S A>SaS~ -
the aSSnYnT f1on that the law won Id t1a