Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1895-05-23
INCOME TAX LAW.
US. SUPREME COURT DECIDES chat
IT IS UNCONSTITUTIONAL.

WASHINGTON, May 2O.-The
United States Supreme Court to-
day decided the income tax to be
unconstitutional, the Court dis
viding as follows: Against the
law, Chief Justice Fuller, JUS
tees Field, Gray, Brewer and
Shiras; for the law, Justices
Harlan, Brown, Jackson and
White. Chief Justice Fuller
read the opinion of the Supreme
Court.
The interest attaching to all
proceeding in connection with
the income tax case was again
manifested this morning, when
the Supreme court room was
crowded under the belief that the
final judgment Of the Court in
the income tax cases would be
announced. This interest was
heightened by a knowledge Of
the fact circulated just a few
moments before Court convened,
that Associate Justice Jackson
had returned to Washington
and would sit on the bench
while the opinion was being de-
livered. This was altogether a
surprise, and his coming had
been so skillfully concealed that
his appearance was necessary to
convince some people Of its
truth.
When the Justices took their
seats it was observed that the
Chief Justice had an unusually
large bundle Of manuscript in his
hands, but nothing was thought
Of this, as a score or more of
opinions were expected. But
Immediately there was a sensa-
ton for ignoring an almost
wholly unbroken rule, which re-
serves the announcement Of
opinions by the Chief Justice to
the last, Justice Fuller proceeded
at once on the income tax cases.
He read his opinion in full, oc-
cupying about an hours time,
and spoke with an earnestness
that manifested the depth of the
feeling expressed in the opening
sentences of the opinion.
After the Supreme Court had
finally disposed of the income
tax it occupied an hour in the
announcement of decisions in
other cases and miscellaneous
business pertaining to it. Of
the cases decided the one of the
most Importance was that popu-
larly Known as the Whitecap
cases from Alabama. ]. W.
Todd and a score of associates
were convicted in the United
States Court for the Northern
District of Alabama, under Sec
ton 5406, Revised Statutes, of
whipping Wiley and William
Pruit for testifying on behalf of
the United States before Robert
Charlson, a United States Cir
cult Court Commissioner. The
opinion Of the Supreme Court
was announced by Mr.. Justice
Brewer, Justice Harlan dissent
ing to the effect that a prelimi-
nary examination before a United
States Court, such as is contem-
plated in Section 5406, and that
therefore the indictment against
them was fatally defective. The
Judgment of the Court below,
sentencing Todd and MS com
panions to four years imprison-
ment and $500 fne each, was
therefore reversed.
Attorney-General Barber, OF
South Carolina, made his ex-
pected motion for leave to file q
petition for a writ of haheas cor
pus for the release Of E. G.
Beach a constable Of that State,
who is in the custody of United
States Marshal Hunter, for con
tempt of Judge Simonton's court
in selling a shipment of whiskey
made by j. G. Byrd, a resident
of Charleston, for his own use
and consumption, in violation Of
Judge Simonton's injunction.
Chief Justice Fuller Informed
Mr.. Barber that the Court die
not undertake at this advanced
period of the term to hear ora.
argument. The Attorney
General responded that he IN
derstood that. and believed tina
briefs in the case would be filled
!, within a week.
The habeas corpus case which
Mr.. James c.. Carter had tt
present was in behalf of W. P
!, Farmhouse, of New Orleans, wht
is in custody of the U. S. Officials
there for violation of the anti
lottery law enacted at the las
) term of Congress. He demurrer
. to the Indictment, the demurre
was overruled, and he was re
manded to custody. Inasmucl
as Farmhouse has made an appli
cation for release under bail
there was doubt expressed b.
: members of the Court as to thei
3 power to release him, but MI
Carter was told to print his mo
S ton and it would be examined
The attorney stated that his eli
ent had no defence to max
/ other than the constitutionalit
T.. of the law, and if the Supren-
d Court of the United States woul
0 order his release on bail, he wa
perfectly willing to let the heal
S ing go over To the next term.