The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-07-21

Tie fact that Stephen j. Field, Asso-
ciate Justice of the United States Supreme
Court, is lying critically i'll, with but little
prospect OF recovery, again brings into
public prominence the income tax, which
was declared unconstitutional by vote
of . to 4.
President Cleveland and his Off cial
advisers have never been satisfied with
that decision and ascribe to it the neces
sity for additional bond issues and n con-
tlnued Treasury deficit. They are deter
mined, If an opportunity presents itself,
10 secure a reversal OF the opinion handed
down nearly two years ago, and Justice
Fields death would open the way for such
action.
In the event of n vacancy occurring on
the Supreme bench, il is said to be the in
tention of the President to appoint Secre-
taTy Carlisle TO the position, for two rea-
sons: First, because he believes that the
income tax law rejected by the Supreme
Court was in every respect constitutional;
second, because his confirmation by the
Senate would be more easy of accomplish
ment than that of any other man of equal
fitness and prominence, he having for years
been a member of the Senate and entitled
TO all the benefits of senatorial courtesy.
HAS A PRECEDENT.
But even with these odds in his favor,
IL is certain that the free silver Senators
and Populists would, with more or less
vigor, antagonize the elevation OF Mr..
Carlisle to the Supreme bench, especially
when the avowed purpose OF his appoint
ment would be to rcsurrect the income tax
law and make its provisions operative.
Such selection, with such declared
intention, would precipitate a fight be-
fore the judiciary Committee and in execu-
tive session the outcome OF which 1t is diff
fiCult to predict
The present administration has good
Republican precedent for bringing up the
income tax la W for IL reversal of the decision
prnnouncing it unconstitutional, in case
the personnel OF the court could be so
changed rs to give Il majority favorable to
the provisions of the law. During the
incumbency of T resident Grant the Supreme
Court rendered a decision to the effect
that greenbacks We're not legal tenders.
This was such a severe blow to the plans
and policy of the then administration that
steps Were taken to nullify the decision.
BY special act of Congress the member
ship OF the Supreme Court was increased
from seven to nine, and Mr. Grdnt at once
appointed MeSsrs. Bradley and Strong TO
he the associate Judges authorized by the
new law, they believing in the legal tender
qualities of the greenback.
CASE WAS REuEARD.
Immediately after these gentlemen had
qualified the Chief Justice moved re-
hearing or the case in which the obnoxious
decision had been given, and after the usual
legal formula another opinion was handed
down declaring that greenbacks were legal
tender. Thus the administration scored
an important victory, the Supreme Court
10 the contrary understanding.
1t is said TO be the hope and expectation
of Mr.. Cleveland TO duplicate this per
Torrance if the opportunity presents
itself. The only process necessary to
bring the whole matter before he highest
tribunal again for action would beto make
motion for a rehearing of the original
case in which the decision of unconstitut ion
atty was rendered-rhat of Miller against
the Secretary of the Treasury. \ majority
could grant such a rehearing, and after
due consideration, hand down an opinion
declaring the same law to be valid, without
any regard TO the counter action Of the same
body heretofore taken. 1t would simply
be a duplication Of the course pursued
in reference to the legal tender case.
THE ADDITIONAL REVENUE.
The Treasury Department offit ials have
always maintained that the thirty or forty
millions Of revenue which might have
been derived from the collection OF the
income tax would have been amply suffi-
cient to meet current expenditures and pre-
vent the depletion of the gold reserve with
out the issuance of bonds.
They desire that this idea should be put
into effect, even if it be at the eleventh
hour, and feel certain that every month
of its operation would enable them to turn
the Treasury over to their successors,
whether they be Republicans or Democrats,
with that much higher percentage of better
ment than could otherwise be possible.