Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1895-05-31
THE CROWD IN THE COURT ROOM.

proof-slips with much emphasis and deiOor-
alton.
THE CROWD IN THE COURT ROOM.
Athouyh the court was announced 10 meet
at noon. it was long before that hour wnen
the expectant crowd began to arrive. Inc
chamber-not too capacious-waS soon
thronged TO suffocation. Within the par
oroun Of distinguish men had gathered,
headed by iae Attorney General olthe Uniteo
states and his staff OF assistants, Including
Solicitor General Holmes Conrad, OF VIZ
,.inla. tn counsel who had fought Tor
the victory now so near at hand, no one was
nresent. Mr.. James G. Carer, OF New 70 x,
who arsued for the law, had a front seat
near Mr.. Olney, and throughout the entire
time consumed In the reading Of The decisions
gave the most earnest attsn ion
ALL THE JUSTICES APPEAR
The appearance OF the judges was In the
nature of q surprise, for with them was Mr..
Justice Jackson, who was supposed to be at
his home In Tennessee. He had not, how
ever been outh, but spent last week in
Ihiladel hia under the care Of his physician.
Ue participated in the consultation which
nreceded the announcement Of he decisions,
and made known his intention OF delivering
some remarks in support OF the constitution
alitv of the law. II vas easy 10 see, as he
took his seat. that he was feeo.e and Ill, but
he remained throughout the session OF the
IL. ~ol,, n
Chief Justice Fuller bore with him large
bundle OF maruscriI t and glanced with evil
Cent cut tiosity over tho assembled crowd
while the crier officially opened the court.
All the justices, tlack-gowned and dignihed,
were present. When the Chief Justice began
TO read the decision they settled themselves
comfortably in their great leather chairs,
Justice White throwing back his head and
turning his face, with his eyes tightly closed,
nd to the paneed ceiling Between the row
of ms. s and the rich red curtain that lorms
n BACKGROUND to the bench, stood the pages
silent and unembarrassed. Overhead a gilded
eagle sire cheI his 30 den wings, whi Q s'i''
further toward the vaulel roof was 'he
gallery as empty an as bare as de- erteu
barn.
ESSENCE OF THE MAJORITY DECISION
Without moment Of Introductory lusl
ness the Chief Justice proceeded to read
once with much earnestne and feeling tn'
decision which nuliled the law. lie he''
IN his hand the sheets OF paper upon WI cl
ths opinion was printed and he kept his eyes
fastened upon them. HIS great shock
white hair fell upoa his brow and touene'
his glasses. His voice was low, lut disilIct
and was plainly audible, 80 inten was ta'
silence. Nearly al of the justices paid clos
attention to the reading which lasted 10
three quarters OF an hour, the decision being
summed up In the following words:
. Flrst-We adhere to the opinion already
announced that taxes on real estate beini
undisputably direct taxes, taxes on the rent
b or income cf real estate are equally direc
r taxes.
= Second-We are OF the opinion that take
3 on personal property, or on the income
= personal property, are ikewise direct lakes
t TIA ri--The taxes imposed by sections II :
r 81, inc usive, of the act of 1894, so lar as
falls on the iEcome OF real estate and OF pei
t sonal property, being direct tax wi nm ID
o meaning OF the Constitution, and, therefore
:. unconstitutional and void, because not al
It port oned according to representation, q
+ these sections constituting one extire schem
g OF taxation are necessarily invalid.
g The DEGREES h.reinbefore entered In IN
e court wi be vacated the DEGREES below W.
be reversed, and the cases remanded with
e structions to grant the relief prayed.
J. Chief Just ce Fuller was followed by Ju
J. tice Harlan who sat next to him on II
1t bench. Jus ice Harlan supported the lay
js In doing this, however, he set all precedel
OF conservative uterance at naught
It ! mn e an almost personal attack upon Il
justices who had concu red in the majori
opinion. he was caustic In review OF their d
cson. and he add, the emphasis OF gestu
4. 20 his vigorous words.
io Justice Jackson's dissenting opinion WI
O. delivered extemporaneously, and was pun
he iuaed by paroxysms of coughing which W
in painful to witLess. His words were lsten'
}, to with pathetic interest, due to the ia