The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-14
THE COURT OF THE LAST GUESS.

| Nothing has occurred in the public
administra ton of the affairs of this
country since it's founding that will
go so far In unsettling the faith of the
people in it's judiciary, If not In the
principle of popular government itself,
as the late decision, or rather non
decision of the supreme court. The
.'eight to seven ballot Of that bench,
which seated Hays as president was
condoned or excused because of the
admitted intense partisanship spirit of
| the hour, but the findings upon the
| income tax law are utterly incompre-
| hensible not to say indefensible to the
| average citizen. Here we find eight
| judges, presumably the wisest and
most learned of the profession, being
called upon to judicially consider and
to determine the meaning of certain
provisions of the most lucid, direct and
| unerring instrument supposedly ever
written by man, that of the constitu
ton of the United States Of America,
with every werd and line of which
these Judges are presumed to be IA
miliar, and yet they prove utterly
unable to agree touching any one of
the propositions submitted to them.
Four of these judges, it seems, con-
CURED as to one or two points, but
as to others raised, they entertained
as many notions as the bench number
ed individuals. In truth, and it is one
which all the people In compromising
VIII be startled, 10 decision after all
was rendered as TO the conStitutionaiity
Of the act under hearing. The only
points on which the constructive ma
Jority did agree, We're in the interest of
wealth as permanently vested in real
estate, and for the benit OF the Sc
curitieS Of the money kings, as against
all Of those who actually earn their
incomes. Outside OF the encourage
ment given the single tax theory of
Henry George, no two Of these judges
arrived at any one conclusion, while
as a court they agreed to nothing.
Juries are continually being criticised
for failing Of unanimity, juries that
know nothing of law, save as it is
given by the court yet here is a bench
of supreme judges returning into court
without the semblance of unanimity
or even a majority verdict
A bench composed of Pop Judges
and country justices Of the peace pick
ed up at random could not possibly
nave gotten up a more complicated
middle than is that supreme court
decision. 1t will give rise to excuses
and evasions upon every hand. In
proving harmful in its moral effect
it will be demoralizing in every other.
There Is an admitted great popular dis
content over the almost iIlimita Bile
accumulations of wealth in individual
hands. The income tax law was re-
sorted to, professedly, to force these
wealth owners into bearing some of
the extra burthens of the times. But
the very men Of all others whom it |
was desired to reach have been. re- |
leased. 1t was the wealthy who at
tackled the law, and the findings made |
In their interest can but intensity |
the feeling Of the many that the rich |
few who gain and hold advantages do |
SO at the expense Of the many, and |
farther the poular belief that the |
judiciary of the country is ever in
clined 10 the side of the wealthy |
great"
The bred Scott decision, the "seven
to eight" verdict and the income tax
award arealltindingso of kind, inexcus-
able and unfortunate, threatening not
only the stability of the government,
but demanding Il reform in the method
of constituting the supreme court.