The herald., 1896-01-08

stale of Alabama; whether fraud, force
Or intimidation had entered into the elec-
ton of members of the legislature in 80
far as those elections bore on the election
of United States senators.
Mr.. Lodge renewed the discussing of
Mr.. handlers bill by calling attention t.
section 1885 of the revised statutes, pro-
hibiting any citizen of the United States,
on penalty of fine and imprisonmeGt, from
holdIhg any communication, verbal or
writ en-, with any officer agent of for
eign government, the purpose which was
TO influence action i'll a pending interna-
tional dispute, or to interfere with "a
measure of the United States" He called
attention to a recent communication of the
prince of Wales on the boundary line dis
pute. The communications were for the
purpose, he claimed, "of forcing us from
our positions" and making us more than
ever dependent upon syndicate of bank
ers. He wanted to know il Mr.. Pulitzer's
action did not ,me within the pale of the
statu he had ed.
Mr.. Chandler was inclined to agree that
il did.
"The statute only applies to citizens of
the United States," interrupted Mr. Stew
art, Populst, of Nevada, but understand
lie has been naturalized."
HE is citizen of the United States,"
interjected Mr.. Lodge.
Mr.. Gray, Democrat, of Delaware, asked
for re-reading of the statute. 1t hap
pened that Mr.. Hill just at that time was
reading the stature.
alt is now being read by the defender of
the administration" said Mr.. Chandler,
sarcastically.
"Whatever else [ may be-" said Mr.
Hill, looking up. II am not the defender of
Joseph ulitzer."
After the statute had been again read,
Mr.. Gray took the floor and bitterly de-
nounced the suggestion of Mr.. Lodge. He
declared he had heard it advanced with
surprise and approved with amazement.
snow, on the eve of the nineteenth CEN
tury, you cannot go back on the track of
the dead centuries and attempt to life
expression or effort to obtain expresson,"
2aid he. In this country and III all CIVIL
lied coun ries. a just public opinion is
final arbitrator of ali questions. 1t Is not
necessary for one to say, If this suggestion
10 seriously made. that it Is impossible in
this day and hour to attempt any inquisi-
torial Interpretation of statute for the
purpose of sitting an expression of public
opinion"
TIE hour of o'clock having arrived, the
senate, without disposing of the question,
resumed consideration of Mr.. Sherman's
resolu ion concerning the gold reserve. and
Mr.. Vest took the floor. Mr.Vest's speech
proved to be an arraigDment of the SUI
preme court for it's decision on the income
tax cases. He began by saying that the
Democratic party did not seek to evade re-
sponsibility for the legislation of the last
congress, Notwithstanding it had only an
ostensible majority in thu senate. and then
passed rapidly to his subject by declaring
that the Wilson bill would have afforded
ample revenue for the support of the gov.
ernment but for the supreme courts decis-
ion declaring the income tax unconstitu-
tional.
THAT the court should have rendered
such decsiou," he said, twas a matter of
lawyer in the country, and especially to
those of us in congress who were engaged
in formulating the legislation.
in my Judgment" he continued, mo
judgment has ever. in the history of the
court, been rendered which has done so
much to destroy the influence of that high
tribunal and excite distrust on the part of
the people Of this country"
The country had, he said, been used to
rely upon the opinions of this court, be-
cause it's judgments were supposed TO be
above the caprice, prejudices and sudden
changes which might characterize the de-
cisions of lower courts, not SO far removed
from out ide influences. That this court
should have reversed it's own decisions for
a hundred years on question vita ly
affecting the interests of the entire popu-
lation, and placing The government in the
attitude of violating the constitution during
the entire history of the Union, must, he
declared, be a matter of sincere regret.
Mr. Vest said that he would not trust
himself in the senate to say what he
would be tempted to say of this opinion,
but would leave it to the members of the
court to stigmatize it as il des served With
this introduction he had extracts rea
from the dissenting opinions of Justices
Harlan and Brown, saying that II he had
made the declaration conta ned in these
opinions he would be charged with parti-
san malice and misrepresentation, but
coming as they do from the high source,
they certainly constituted a most powerful
arraignment of this court OF last resort.
Mr.. Vest was most severe in his direct
characterization of the conduct of The JUS
tice who changed his opinion after the
first decision and before the second was
rendered. He would not he said, attempt
to enter into that Justices mo ives, but
that justice and he (Vest) did not know
who he was, had been mainly respon-
sible for fastening The sordld despotism of
wealth upon the country by his change of
front. Certainly he had the right to change
his mind, but it was a matter of regret
that he had not seen proper 10 put his rea-
sons on record for this far-reaching and
terrible decision. The Justices name, he
continued, was unknown except to him
self and his associates. The senate had
been ridiculed and vituperated because of
secrecy of its executive proceedings, but
what, Mr.. Vest asked, with a display of
warmth, would be thought of a senator
who would change his position on a Ques-
ton of vi al general interest and when his
position was essential to the success or
failure of a cause and W 10 should not have
the manhood to stand before the country
and reveal himself and his reasons for
such a transformation? He could not in
suoh event imagine the storm of oppro-
brium, the hurtling wrath of the press and
the charges of corruption which would fol-
low. Mr.. Vest said he did not believe that
the terrible effect of this decision had yet
been apprehended by the people of this
country.
SIT marks new era,'' he said, land
greatly mistake if the lime does not come
when neither soft words nor honeyed
praises will prove a sufficient apology"
1t was beyond credIbilty that Wander
bilt, with his hundreds of millions, should
have to pay no more than the poorest of
men, and that the army and navy must be
used to support him in his rights, as must
be the case If the decision was to stand.
He reviewed the record of the last three
administrations. Though he differed from
the head of his party in many things, he
declared that no administration in the his
tory of the country had been more success
full than the Cleveland administration of
1SS5-89. II success was to be measured
by the amount of gold exported he desired
to call the attention of the other side to the
fact that during Cleveland's first admins
tration but about 80 900, 900 of gold had
been exported, against $2l3,OO0,00O for
Mr.. Harrison's administration. So far
$lS1 100000 had been exported under
the present administration.
Mr. Vest admitted that his side was di-