Evening star., 1895-04-26
JUSTICE JACKSON
His Opinion Will Decide the Income
Tax Cases.
FORMER OPPOSITION TO HIM RECALLED
His Action May Affect Mr.. Har-
rison's Presidential Candidacy.
THE REAL TION

The announcement that Mr.. Justice Jack
Son will sit with his associates of the Su-
preme Court in the rehear.ng of the in
come tax case develops the fact that his
= opinion in the case will possess an interest
for the politicians beyond the question i'm
mediately involved. n may cut a figure in
the contest-growing livelicr now every day
for the republican nomination for the
presidency.
Judge JncksOn's Appointment.
Mention was made In The Star of yester-
day of the protest entered by a number of
republican leaders against the appointment
of Judge Jackson by President Harrison.
They took the ground and insisted that the
office should go to some member of their
own party. 1t could only be in this way,
they contended, that the appointment could
be fully guaranteed. The party would be
held responsible for 1T, and the party, there
fore, should fill the office. There was no
criticism of Judge Jackson on personal
grounds in anywise affecting his profession
al equipment. 1t was conceded that he was
good man and a good lawyer. But being
democrat of thorough training and deep
convection, he must be expected to take
' sfai. we" VI pu'nc questions IN gen.
There would be risk in this these re-
publican leaders said. They earnestly ad-
whose training had inbued him with con-
victions from the republican standpoint
Such man the party could safely answer
for In any and all circumstances They
pointed out that even on the bench political
education and conviction must show it.
self. and that this made it the duty of the
party in executive control of the govern
nent to strengthen itself legitimately all
along the line whenever opportunity was
presented. Great questions of constitu-
ticnal Interpretation were constantly COM
ing up before the Supreme Court and the
wide differences of opinion to certain
features of the Constitution obtaining
hmong public men and marking the di-
vision between parties made the complexion
Importance.
President Harrison. putting all of these
suggestions aside. stood upon the simple
proposition that politics must not be per-
mitted to obtrude in matters respecting the
bench. Judges, he was bound to admit,
had their political leanings, and in this way
there was recognized majority and mi
Lority representation on the bench. But
this, he insisted. should not be emphasized
unduly by the appointing power and
pecially as against the minority, and SO he
selected Judge jackson, a democrat, to
succeed Judge Lamar, democrat.
The Present Interesting Points.
There has now arisen one of those very
Interesting and important points upon
which political parties divide. The republi-
Cdu party, DIS d party, Is against llc III
come tax. The democratic party,
party. is for the tax. The Supreme Court,
without Judge Jackson, is evenly divided
on the question of the constitutionality of
the law. Judge Jackson is called upon to
cast the deciding vote. The law would
stand without his vote, but public senti-
ment demands majority vote OF the
court one way or the other Now, II Judge
Jackson decides in favor of the tax those
republican leaders who opposed his ap-
pointment will, it is predicted, at once re-
vive the fact of their opposition and insist
that had their advice been taken and a
good sound republican selected the tax
would have been overthrown. These men
all anti-Harrison men as respects next
years presidential nominations of their
party. The Jackson appointment was one
of many to which they objected. Their
differences with President Harrison all
grew out of the distribution of the offices,
and led them to oppose him at Minneapolis
for denomination. They are organizing to
oppose him again should the movement in
his behalf for next year take formidable
shape, and every circumstance susceptible
of use against him is being tabulated and
filed away.
But there is also the other side of the
problem. If Judge Jackson decides against
the tax it will be equally in the power of
the Harrison men to claim for their favor
ite share in the feicitation that will fol-
how in republican circles
Real situation Not Affected.
Nothing, of course, in all this will in any,
wise affect the real situation. Judge jack
son will pass upon the question without re-
gard to politics, or the source from which
his official commission came. Nor does the
fact that he is democrat signify. Judge
Harlan, who Is a stanch republican, voted
to uphold the law, while Judge Field, who
is a democrat, gave the law one of the r'ost
resounding blows ever heard in the Su-
preme Court chamber. Politics are un-
doubtedIy barred in the court on the income
tax proposition.
This racket condtionally predicted for
Gen Harrison has actually been expert
enced by Senator Hill about this same case
When Judge White voted to uphold the law
the opponents of Mr.. Hill in New York re-
minded him with some severity that he was
responsible for Judge Whites presence on
the bench Had Mr.. Hornblower or Mr..
Peckham been confirmed vote would have
been secured against the tax. But Mr.. Hill
routed his opponents. He was able to show
that while the tariff bill with the income
tax feature was pending both Mr.. Horn
blower and Mr.. Peckham attended politi-
cal meeting called to indorse the bill and
both spoke In favor of it. Phis put the boot
on the other leg and left Mr.. Hills critics
without a reply. But the point In either
case is not thought to be of the first mo-
ment 1t could have no weight except in
excited ward gatherings. where charges are
made and decided upon mere generalities
The income tax was not thought of at the
time of Judge .Iackson's appointment. nor,
had it been could his views on the subject
of it's constitutionality have been known In
advance of a personal submission of the
question to him in office.