Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 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 ny Assistant Attorney
General whitney.

Washington. May 6 The supreme
coart. with its fun membership of nine
Justices on the bench. for the first time
III many months. began the hearing to
day OF the income TAX suits. Justice
jackson OF Tennessee. who mas been alb
sent from Washington the best part OF
the past year. seeking restoration TO
health. took his seat with eNtraordi-
nary interest attached 90 his presence,
since he assumes practically the posi-
tion Of umpire upon tie 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 1t was plainly
evident that he was far from being
well man and that only by "A strong ef-
fort did he sit throughout the hearing,
But two arguments are 10 bc made for
each side-by Attorney General Olney
and Assistant Attorney General Whit
ney for the government. ana by W. g
Guthrie and Joseph Choate FOR the ap-
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 60 each side.
| the arguments will he closed Wednes-
day afternoon.
Before Mr.. Guthrie began. the chief
| justice, after calling the case. stated
| that in response 10 a suggestion of the
| attorney general. which the court inter
1 pretod as virtually a motion for r.
4 hearing. the court had decided To permit
counsel To go into all the questions in
i volyed The rehcaring had been depend
( ent upon the attendance OF Justice Jack
son The court found IL necessary e
/ limit the argument TO two on each side
but II was for counsel To say what time
they would require. Thereupon Mr
Choatc and Attorney General olncy
after consultation. announced that iiv'
hours for each side would be sufficient
aud this time was granted. Judge VII
son was also permitted, on behalf q
John q. Moore. 90 tlla a brief
Mr. Guthrie began by saying tina
counsel for the appellants In the case
had been subjected to considerable crit
lcIsm for their motions for rehearing
but they felt justified in the realization
OF the fact that there were many point
still undecided In the definite and fina
adjudication. IN which the entire coun
try was vitality interested and he as
sured all conce that the counsel 10
the appellants in the present case woul
approach II In spirit OF highest pa
triotism and with no desire for mor
self-ag lie said that tn
question involved was a constitutions
one. and added: '"The constitution
the political creed and conscience of tn
nation which must control and rule on
destiny. and in so far as this court sha
: preserve Il intact, according to its lette
and its spirit. or permit the darkness G
] error TO affront Its light, so will our II
| ture see progress or decline, happines
! or misery. glory or shame. There ca
} be no law inconsistent with the fund.-
mental law and a century of errors ca
I not overrule the constitution. The que
] tion is not to be determined by consi,
| erations OF present expedieney, or pra
e ticability. or hardship. but accordir
: to the lights. the purposes, the intel
: ton OF the trainers, and ms they inten,
n ed the constitution to operate, 50 mu
: we enforce 1t today.
! "The people are not 10 be deprived
$ inherited rights, such as are imbedd,
y in our constitution. by mere preeede
or the< technical application OF rule
stare declsis."
S Assistant Attorney General Whitne
=, in behalf of the government, follow
!" Mr.. Guthrie. He made a strong arg
ment In favor OF incomes from rents /
II ing taxable.