The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-04-16

A Petition For Rehearing Presented
10 the >npiNsIne Court.

10 the supreme Court.
Washington City. April 16-Copies Of a
petition asking a rel1earinS % the iaIS sne
tax question We're handed around TO the
members OF the United States supreme
court today. There were TO proceed ; IS
in open court.
The petition sets forth the imperative
need Of a final discrimination by a full
bench Of the questions upon which the
court was equally divided.
Dissatisfaction with tine decision OF gha
court seems 10 be general. and Il is be-
Nevei that the administration viii do all
In its power TO secure a hearing of the
case. The government. however will nos
consent 10 a re-argument OF any partic~
ular question involved. but will insist that
II a rehearing Is granted the whole case
ne re-argued. The only point decided by
the court which meets with the approval
of the government is that exernptinS from
the tax incomes from state and manic
fpal bonds. The rent exemption Is htsng
vigorously attacked, and the contention
is made that II the late decison stands,
persons who paid the si5.0eu,tn0 colle-cted
during the war on incomes on rent have
AT least an equitable claim against the
government for restitution.
The petition for reheartng sets forth
that while the court has decided two
points of the law. TO rents and Duntc-
ipal bonds. yet no Judgment has been an
principle for interpreting the act on the
following three points:
FfrSt-.Wherher the void provisions In
validate the whole set.
Second-Whether as To the income from
personal property as such the act is un-
constitutional. as levying direct taxes.
Third--Whether any part of the tax, if
not considered as "A direct tax, is Invalid
for want OF uniformity.
The petition continues: THE appellants
may well urge that these serious con
stitutional questions should be finally de-
cided before their trustee espends their
funds in voluntary payment or the tax.
In addition. 1t is manifest that until
decision Is reached the courts will be
overwhelmed with litigation upon these
questions. and the payment and collection
OF the tax will be most seriously en-
barrassed''
In conclusion. the petition asks that
the cases be restored to the docket for re-
argument OH the question upon which
the contest was evenly decided. I'm case
this Is denied. the petition asks that the
court below may be directed to deter
mine, first, whether or not the invaliditv
specified renders the same altogether Ia
of the statute I'm the respects already
valid. and second, whether or not the act
is constitutional I'm the respects not de-
clded by this court.
letter nds uetH received mere from
Justice Jackson, saying he Will not be
able TO come 10 Washington City at this
term. This makes II beyond question
that the rehcaring of the income tax usse.
if ordered, cannot occur before next oc-
tober.
Chicago. April b.-In the United States
court today Judge Showaiter enioined
Siegei, Cooper & Co. from making re-
turn to the internal revenue collector
under the provisions of the income tax
law. A restraining order win he granted
on the bill which attacks the law. snd
under the order the government vas
compelled to take part In the proceedings
TO defend the operation of the law.
New York. April ia full CORDS of
assistants I'm the Office of Internal Reve-
nue. Collector John A. Sullivan. were on
hand today to get To work on a large
amount OF mail. Several bushels Of large
envelopes. containing income tax returns.
came I'm early. This is the last day In
which to file returns, and there was con-
tinual rush to the office until late at
night Chief Deputy Collector Wcdeli
said there had been no definite system
decided on yet regarding the method OF
procedure against delinquents, but he
said they would receive the fun benefit
of the law.