The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1896-01-11

vanced with surprise and approved with
amazement.
Now in the evening Of the 10Th CEN
fury, you can not go back on the track
of the dead centuries and attempt to
stife expression or effort to obtain ex-
PRESTON" said he.
I'm this country and in all civilized
countries. just public opinion is the
final arbiter of all questions. 1t is not
necessary for one to say If this sugges-
ton is seriously made, that 1t is impos-
sib1e in this day and hour to attempt
any inquisitorial Interpretation of the
statute for the purpose of sitting ex-
| preston Of public opinion
SUPREME COURT ARRAIGNBD.
The hour of o'clock having arrived
the senate, without disposing of the
question, resumed consideration of SEN
ator Sherman's resolution concerning
the gold reserve and Senator Vest took
| the floor. His speech proved to be an
| arraignment of the supreme court for
| its decision In the income tax cases.
He began by saying that the democrat
ic party did not seek to evade RESPONSE
bility for the legislation of the last con-
gress, Notwithstanding it had only an
ostensible majority in the senate and
then passed rapidly to his subject by
declaring that the Wilson law would
have afforded ample revenue for the
support of the government but for the
supreme courts decision declaring the
income tax unconstitutional.
THAT the court should have rendered
such decision" he said, was a matter
of surprise to every intelligent lawyer
in the country and especially to those
of us in congress who were engaged in
formulating legislation"
I'm my judgment" he continued, mo
judgment has ever in the history of
the country been rendered which has
done so much to destroy the influence
Of that high tribunal and excite dis
trust on the part Of the people"
THE country had" he said, been
used to rely upon the opinions of this
| court because its judgments were sup
posed to be above caprice, prejudices
| and sudden changes which might char
| acterize decisions of the lower courts,
| not so far removed from outside infiu-
| ences. That this court should have re-
versed its own decisions for hundreds of
years on a question vitality effecting the
| interests of the entire population and
placing the government in the attitude
of violating the constitution during the
entire history Of the Union, must" he
| declared, "be matter of sincere re-
! greet"
| Senator Vest declared he would not
| trust himself in the senate to say what
he would be tempted to say of this opin-
| Ion, but would leave 1t to the members
| of the court to stigmatize 1t as it de-
| served With this introduction, he had
extracts read from dissenting opinions
of Justices Harlan and Brown, saying
| If he had made a declaration contained
in these opinions he would be charged
with partisan malice ano misrepresen-
tation, but coming as they do from this
high source, they certainly constituted
most powerful arraignment of this
court OF last resort.
Senator Vest was most severe in his
direct characterization of the conduct
of the justice who changed his opinion
after the first decision and before the
second was rendered. He would not
he said, attempt to enter into that jus
tees motives, but that justice, and h
| (Vest) did not know who he was, haC
been mainly responsible in fastening
the sordid despotism of wealth upon the
country by his change of front. Ger
tainly he had a right to change hi
mind, but It was matter of regret tina
he had not seen proper to put his rea
sons on record for this far-reachini
and terrible decision. The justice
name was, he continued, unknown ex
cept to himself and his associates TIL
senate had been ridiculed and vituper
ated because of the secrecy Of It's exc
cutive proceedings, but what, Senate
Vest asked, with a display of warmth
, would be thought of a senator VIII
would change his position on a ques
ton of vital general interest and whel
his position was essential to success o
failure of a cause and who should no
have the manhood to stand before tn
country and reveal himself and his rea
sons for such a transformation.
Senator Vest said he did not believ
! the terrible effect of this decision ha
been yet apprehended by the people c
the country.
l TT marks a new era" he said. IAN
= I greatly mistake If the time does nc
! come when neither soft words nor hor
e eyed phrases will prove sufficient apo
/ ogy."
= 1t was beyond credibility that a Var
y derbilt, with his hundreds of millions
= should have to pay no more than tn
= poorest men and that the army an
: navy must be used to support him in hi
a rights, as must be the case if the deci.
ion was to stand.
: He reviewed the record of the pas
n three administrations. Though he di
= fered with the head of his party
2 many things. he declared no admin!
: tration in the history of the countr
r had been more successful than til
Cleveland administration from 1885
1889.
O If success was to be measured by til
i So oil cd ha