Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-01-17
THE POINT SUSTAINED.
And Hills Amendment on Income Tax
Is Ruled Out.
Urgency Deficiency Bill With Income Tax Pro-
vision Then Passes Senate.

alter the uranSdcUl0l OF unlllipoita he pusi
ness, the urgent deficiency bill was taken
up, and Hill addressed the Senate IN re-
gard to the ruling out of his amendment
giving the United States courts Jurlsdlc-
ton of the question of constltutlonallty
and validity of the income tax. HUI SAID
that he questioned the right OF the Senate
with due regard to its rules-to refuse
consideration to his amendment. The
point he made was that the pending bill
is not an appropriation bill within the
meaning of the rule 1t is not one of the
regular appropriation bills; it is not even
a regular annual deficiency bill
Morgan interrupted Hill to say that as
it was he who made the point of order
against the amendment, he was willing to
withdraw it and let the Senate vote on
the amendment.
And deprive me of my right TO go on
with my speech?" Hill asked
81 will withdraw the point after the
Senator has made his speech, Morgan
said.
Hill proceeded with his argument, sus-
tanning it by reference to various decisions
in both Houses, showing that such bllls,
as, for instance, the pensions arrears bill,
or the river and harbor bill, We're not gen
eral appropriation bills under the rules.
Vest said "It has never been the Gus
tom of the Senate to legislate for the pur-
pose of affecting existing litigation; and
neither branch of Congress should indulge
i'm that practice, yet suit is. at this mo-
ment being argued in the supreme court
of the District of Columbia involving the
constitutionality of the income tax.
Al JoI tl,r{ Gin itfpp n nd
himself as member of it, from response
bility for the imperfections of the income
tax provision.
After further discussion, Cockrell asked
for vote on the question of the order
"shall the decision of the Chair stand at
the decision of the Senate?"
Quay objected to the withdrawal of the
appeal On the yea and nay vote the de-
cision of the Chair was sustained, 40 to q.
The negatives were Davis, Dubois, Hill,
Mitchell of Oregon, Pettigrew and Quay.
Quay again offered an amendment by add
ing at the end of the bill, the provision
that nothing in the law should preclude
any court having jurisdiction from hear
ing proceedings to test the constitutional
ity or validity of the act Gray raised a
point of order against it, and the Chair
tGallinger) sustained the point of order.
Lodge offered an amendment placing
the officials authorized to be appointed
for the collection of the income tax in the
civil service. Cockrell moved to lay
Lodges amendment on the table; and that
motion was agreed to: yeas, "a; nays, II.
Quay renewed his amendment for test
ing the constitutionality and validity of
the income tax; defeated: yeas, 10; nays,
49, Among the yeas were Frye and Hale.
Lodge offered an a mendment appro-
priating 5000, 900 for the additional clerks
and other officers rendered necessary by
the clause providing that alcohol in the
arts be free from internal revenue taxa
ton The amendment was tabled with
out division. The paragraph for salaries
for the 10 additional revenue agents was
amended to reduce the number to three,
by striking out the words land TO carry
into effect the act imposing tax on in
comes"
Hill offered an amendment providing
that none of the appropriation shall be
used for the purpose of compelling the tax
payer to make return or answer questions
except as to the sources and amount of
his gains, profits and income; agreed to-
The bill was reported to the Senate
from committee of the whole) and all the
amendments agreed to except the one in
serting the word fractional" in the item
for the recoinage of silver coins in the
treasury. After some argument the
amendment was retained: yeas, %; nays,
10. The bill then passed.
A resolution was offered by Aldrich and
agreed to- requesting the President to
transmit copies of all correspondence with
or communications from representatives
from the government Of Germany or any
other country in respect to the enforce
ment of any provisions of the tariff act of
1894, or to the reciprocity arrangements
under the tariff of 1890. The Senate then
4 inr1rpa1