The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-05-13
INCOME TAX CONSTITUTIONAL.
JUSTICE JACKSON VOTES TO sUs-
TAIN THE LAW.

The DecisiOn 10 Be Announced
week From TO-dny-Thc Portion
of the Original Decision Declaring
Certain Features of the Law In
valid to Remain Unchanged-The
Court Holds That This Does Not
Make the whole Law UncOnstitu-
tionaI.
Washington. May 12-Mr. Justice Jack
son is said to have voted to sustain the
constitutionality OF the income tax, and
the decision. when announced one week
from tomorrow. will probably be sub
stantially an aRirmanee of the original
decision.
Mr. Justice Jackson left Washington
this morning for Philadelphia to consult
an eminent specialist. prior to returning
TO hts southern home. II is not expected
that he will remain here until the decis-
ion is rendered. but may start southwark
early during the coming week.
Before leaving this morning Mr.. Justice
Jackson had a long visit from Chief JUS
tice Fuller, when It was decided that it
would not be necessary for the invalid as
sociate justice to remain here until thu
10Th, when the court is to meet for thu
sole purpose OF rendering its decision in
the income tax cases.
II is stated with great posltiveness that
the rcargument did not change the views
Of single justice. and those points
which were decided unconstitutional in
ten original opinion. will remain unchang-
ed. IL is said that some OF the members
of the court are disposed to believe that
the majority may have gone little too
far in exempting rents from the income
tax, but the vote taken yesterday did noe
show any change Of heart among those
who voted to exempt rentals and state
and municipal bonds. In other words, tho
case stands just where II did prior to the
reargument. excepting that the question:
of doubt that clustered around the consti-
tutionality OF the law is removed by tho
deciding vote of Mr.. Justice Jackson.
While the court was equally divided on
that question. there was an opening for
unlimited and annoying litigation. 1t
was to remove that obstacle to the effect
I've enforcement Of the law that Mr.. JUS
tice jackson undertook the fatiguing trip
to Washington at this time. He was fully
advised as to the merits of the case prior
to his arrival here. and II he had been
present at the original hearing his opinion
would have been the same. lie followed
the case as closely, almost as II he had
been in Washington. The record and
briefs were forwarded to him and he
was fully prepared TO meet the various
questions involved upon his arrival here.
IL was shown to him that In view OF tho
unsettled condition of the case by reason
of a divided court, the government would
become involved In endless litigation un-
IN the court took more decided grounds
as TO the constitutionality of the law;
therefore, he consented TO come ana SIT IN
the rehearing. 1t Is said that he never
had any Idea of holding an income tax
law unconstitutional, for he comes from
a section Of country that believes in that
kind Of a tax under the present condi-
tions.
II the decision. as agreed upon yester-
day. stands, there Is no further appeal 70
be had. for the court, by vote OF o 10 4
declares the law constitutional, but ex-
empts state and municipal bonds ana IN
comes from rentals. BY a similar vote
the court holds that certain portions OF the
law may be declared unconstitutional with
out invalidating the entire act. This does
not terminate the fight 10 overthrow the
income tax although IL Will enable the
treasury officials to proceed to collect the
tax with less embarrassment than would
have attended their efforts had the re-
argument not occurred.
The supreme court having passed upon
the cOnstitutiOnallty OF the tax ana de-
cided In favor of the government, the tax
payers have no further appeal except TO
congress. Steps have already been taken
to organize a movement for the repeal or
the tax al the next congress. Represen-
tative-elect Francis Wilson Of Brooklyn
has been selected to lead the fight for re-
peal in the House next December. A
fhoroughly conducted campaign viii be
made against the law In every city and
hamlet In the United States, with view
to presenting to congress a monster Pc
tition urging the immediate repeal OF the
tax. The machinery necessary to accom-
plish this end was constructed prior to
The order of the court for a rearguments
but when the court agreed to reopen tha
case proceedings we're suspended, pend-
ing action by the court.