The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1896-01-14
SCAT THING
We're the Words of Senator Vest In
Defense Of Democratic LegiSla-

Cleveland plHln DpaleT, cNtTuct|
from the speech of Senator Vest:
The hour of2 O'clock having ar
rived, the senatr, without dispos
ing Of the question, resumed con
siderution Of Mr.. Sherman's reso
luton concerning the gold reserve
and Mr.. Vest (Dem., Mo- took the
floor.
Mr.. Vests speech proved TO bt
an arraignment of the supreme
court for its decision in the income
tax cases. The senator spoke will
his usual emphasis Of language
and gesture, but with more appar
ent deliberatenes than usual an
was listened to with close attention
by senators and the large audience
in the galleries. lie was applaud.
ed once, but the demonstration Of
approval was cut short by the
chair and was not repeated.
He began by saying that the
Democratic party did not seek to
evade responsibility for the legis
lation of the last congress, not e
withstanding it had only an osten
sible majority in the senate. De
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 court decision
declaring the income tax uncon.
stitutiOnal. "That the court shoIld
have rendered such a decision" )" he
said, twas a matter of surprise to
every intelligent lawyer in the
country and especially to those OF
us in congress, who were engaged
in formulating the legislation.
"In my Judgement" "he continued
"no judgement has ever in the
history of the country been render.
ed which has done 50 much to de-
strOy 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, because its judgem ents
were supposed to be above the ca
price, prejudices and sudden
changes which might characterize
the decisions Of lower courts not so
far removed from outside influ-
ences. That this court should have
reversed its own decisions for 100
years in question vitally affecting
the interests of the entire popula.
ton and placing the governm ent
in the attitude of violating the
constitution during the entire his.
tory of the union, must, he declared,
be matter of sincere regret. From
the Hilton decision in 1896 to the
Springer decision in 1866 the decis.
Ions had been uniform in uphold
Ing the power Of congress to tax
incomes on real and personal prop
erty without apportionment among
the states. He quoted from vari.
Gus decisions.in support of this as
sertion and proceeded to show that
Mr., Seward, one of the counsel
against the government in the re-
cent cases, had conceded that the
Springer decision was to this effect.
In view Of this fact it was not
matter OF surprise that Justice
Harlan had declared that the age
of miracles had not passed.
Mr.. Vest declared that he would
not trust himself in the senate to
say what he would be tempted TO
say ofthis opinion, but would leav
ii TO the members of the court to
it as it deserved. With
this introduction he had extracts
read from the dissenting opinio ms
of Justices Harlan and Brown, "
ing that If he had made the decla-
ration contained in these opinions
he would be charged with partisan
and misrepresentation, but
coming as they do from this 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 con-
duct of the Justice who changed his
opinion after the first decis on be-
lore the second was rendered. He
would not, he said, attempt to en-
er into that Justices motives, but
hat justice, and he (Vest did not
know who he was, had been mainly
in fastening the sordid
of wealth upon the
ountry by his change of front.
Certainly he had the right 10
hange his mind, but 1t was a mat
er Of regret that he had not seen
'roper to put his reasons on record
or this farreaching and terrible
leclsIon. The Justices name was
q continued. unknown excent To