The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1895-05-11
WITH A FULL BENCH
Argument of Income Tax Cases
Opened Before Court.
HAVE TWO DAYS ARGUMENT
w. q. Guthrie for the Appellants. Opened
Followed by Assistant Attorney
General Whitney.

Washington, May 6.-The supreme
court, with its full membership of nine
justices on the bench. for the first time
in many months, began the hearing to-
day Of the income tax suits. Justice
Jackson of Tennessee. VINO has been alb
sent from Washington the best part of
the past year, seeking restoration to
health, took his seat with extraordi-
nary interest attached to his presence,
since he assumes practically the posi-
ton of umpire upon the vital question of
principle upon which the law is based,
which divides the other justices into
equal factions. justice Jackson did not
appear to be feeble, but it was plainly
evident that he was far from being a
well man and that only by strong eff
fort did he sit throughout the hearing.
But two arguments are to be made for
each side-by Attorney General Olney
and Assistant Attorney General Whit
ney for the government, and by w. G.
Guthrie and Joseph Choate for the APP
pellants. who are Messrs. Hyde and Pol
lock Today Mr. Guthrie delivered his
speech and Mr. Whitney began his.
which he will finish tomorrow. AS the
time assigned is five hours to each side,
the arguments will be closed Wednes-
day afternoon.
Before MIR. Guthrie began, the chief
justice, after calling the case. stated
that in response to a suggestion of the
attorney general, which the court inter
preted as virtually a motion for a re-
hearing, the court had decided to permit
counsel to go into all the questions in
VOlVed The rehearing had been depend
ent upon the attendance of Justice Jack
SON. The court found it necessary to
limit the argument to two on each side,
but it was for counsel to say what time
they would require. Thereupon Mr..
Choate and Attorney General Olney,
after consultation. announced that five
hours for each side would be sufficient,
and this time was granted. Judge VIII
son was also permitted, on behalf of
John c.. Moore, to file a brief.
Mr.. Guthrie began by saying that
counsel for the appellants In the cases
had been subjected to considerable crit
icism for their motions for a rehearing,
| but they felt justified in the realization
of the fact that<here were many points
still undecided In the definite and final
adjudication, in which the entire coun-
| try was vitality interested and he as
sured all concerned that the counsel for
the appellants In the present case would
approach it in a spirit of highest pa
triotism and with no desire for mere
ACKNOWLEDGMENT. He said that the
| question involved was a constitutional
one, and added 1.-THE constitution is
the political creed and conscience of the
nation which must control and rule our
destiny; and in so far as this curt shall
preserve il intact, according to it's letter
and it's spirit or permit the darkness OF
error to affront it's light, so will our flu
ture see progress or decline, happiness
or misery, glory or shame. There car
be no law inconsistent with the funda.
mental law and a century of errors car
not overrule the constitution. The ques
ton is not to be determined by consid
erations of present eXpediency. or prac
ticability, or hardship, but according
TO the lights, the purposes. the inten
ton Of the trainers, and as they intend
ed the constitution to operate, so mus
we enforce it today.
1.-THE people are not to be deprived O.
inherited rights. such as are imbeddeC
in our constitution, by mere preceden
or the. technical application of rule o
stare decisis."
Assistant Attorney General Whitney
in behalf Of the government, followed
Mr.. Guthrie. He made a strong argu
ment in favor of incomes from rents be
ing taxable.