The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1896-08-14
SUPREME COURT
DECISIONS.
.-v-s-.--s-r.s-,
Have Frequently Aroused Re-
publican Ire.
ATTACKED BY CHARLES SUMMER

Severoly Criticised by the Republican Plat
form Of 1860 Attitude Toward th,
Court Then Sadly Lacked the Reverence,
Now Held by All Tux Dodgers-Dre
Scott Case Recalled 49, Justices Harlan
and Brown on the Income Tax Decision
Tho attitude of the Democratic plat
form toward the supreme court contin.
ucs to excite attention. In view of the
flcrceDoes Of the attacks made upon it,
the wording Of tbe plank is surprising.
ly moderate II merely says:
We dsciaro tb0t X is tho duty of o1ngross Ia
ugc all the coustitut ionnl power which remain,
utter that decision against tho income taxi,
"a which may come from les reversal by the
court, as IL mny hereafter be constituted so
that tD burdens. OF taxation may bo equally
and hnpurtially laid. to the end that wo may
ull boar Gus proportion of tho expenses OF gov.
Crumcnt
Do tho critics realizo that the Ropub-
licHn party protested as strongly against
tho decision of tho supreme court in
the famous Drcd Scott case2 A little
history right hero will not come amiss.
In December, 1856, five of the eight
judges of tho supreme court decided
that the terms of tho Missouri compro-
mise which had been observed as good
law since 1S20 were unconstitutional
and congress could not prohibit slavery
IN any Of the territories. This decision,
however, did not go squaroly in the face
of all previous decisions, even those of
few weeks before. as did the last in
como tax decision.
Now observe the attitude of the Re-
publican party in 1860 toward this
court. which is now held in such rover-
enco by all tax dodgers. The Republic
an platform of that year. OH which Lin
coin was elected, declared:
The now dogma that the constitution Of its
own force carries slavery into any or all of tho
territories Of tho United States. is u dangerous
political heresy, = a is revolutionary In its
tendency and subvorsive Of tho peace and
harmony Of the country. ff% We dony the au-
thority Of congress- of Il territorial legislature
or of any individuals (mcaning doubtless the
supreme court 10 give legal existence TO slav-
cry in any territory of the United States.
Passing over the fierce attacks upon
the supreme court by Charles Sumner
and other great leaders Of tho party
which now rcsents far milder criticisms,
let us turn to the report of joint COM
mittco Of both houses of the New York
lcgiGlatulS, April 8, 1867, tho report
being subsequently, adopted. After call
ing attention 10 the fact that the court
wns not truly representative. since the |
five majority judges III the Drod Scott
case were all from the south, just as
many hold that the court today does not
the majority of the people, the
report continues, "The safety and peace
OF the netion require its reorganization,
50 us to admit into it fair ard equal
from the free states, ac-
cordinR TO the rntio of population be-
tween free and slave states, which can
aud ought promptly TO be done by act
Of congress. 3" That Is, congress was
asked by the state of New York to in
crease tho number of judges, putting in
those who would be likely to reverse
certain decisions 1t is not likely that
the Chicago platform meant to go as far
as this.
; When ono considers that the legisla-
.ion Of nearly all other civilized coun-
rics today is us much in favor Of in
como taxation, oven Of progressive
character, as it was in favor Of liberty
Of the person 40 years ago, does it not
seem likely that the Democratic party
cause that is bound to
win When it pledged itself and de-
nGndod of congress to "use all the con-
stitutional power which remains" to
income tazation'
The opposition to this by Messrs.
Hanna, Hobart, YerlSes and the other
that now escape their just
,harU Of taxes was to bo expected. Tho
iorCer this opposition the more the peo-
pic will see that their only hope lies
With tho Democratic party.
The honest critics Of this excellent
blank should consider the dissenting
'pinions on the income tax of Justices
HARLAN ard Brown, which in very
way were kept out Of most of
he public prints. Justice Harlan de-
Jared:
Tho practical effect of tho decision today is
nth tho fundamental principles of our social
TgautzItion. and to invest them with power q,
nd influence that may DO pcrilous to that por-
lon OF the American people upon whom rests
ho larger part of tho burdens Of tho govern.
lGnt and who ought not to bo subjected TO
iU dominion OF aggregated wealth any more
han tho property OF the country should be at
lo Inorcy of'tho lawlcss.
Justice Brown declared that:
Asit implies u declaration that every income
* must DO laid according to tho rulo of APP
QEtionmqnt tho decision involves nothing
lbs than IA surrender Of the taxing power TO
no moBoyod class. / hope IL may not
Yovo the first step toward the submergenco of
ie liberties of the people in sordid dospot-
m OF wealth No l cannot escape the convio-
cri that tho decision Of the court in this great
lse Is frtught with immoagurablo danger to
~ future OF tho country, and that it ap
reaches the proportions OF national calar1
y, feel ID my duty to enter my protest
3dinst il,
Evidently if the Chicago plank ON
10 income tax is revolutionary, the
sine is true Of minority of the su.
refhe' court and should be true of the
est Of us New York Journal.
IT tho silver people win. believe there
iif be stch revival In business, such n
o0minl, In Industries which arc now In.