The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-01-08


The hour Of o'clock having arrived. the
Senate. without disposition of the Pulitzer
question. resumed consideration of Sher-
mans resolution concerning the gold re-
serve. and Mr.. Vest took the floor. Mr.
Vests speech proved to DE an arraignment
OF the Supreme Court for its decision i'm the
income tax cases. The Senator spoke with
his usual emphasis Of language and gesture
but with more apparent deliberateness than
usual, and was listened 10 with close atten-
ton by Senator'S and the large audience in
the galleries. He was applauded 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 legislation of the last Congress. not
withstanding it had only an ostensible ma
Jority In the Senate, and he then passed
rapidly to his subject by declaring that the
Wilson law would have afforded ample rev.
enue Tor the support of the government
put Tor the Supreme Court decision de-
caring the income tax unconstitutional
mat the court should have rendered
such decision. he said, was a matter
OF surprise-of surprise to every intellectual
lawyer In the country, and especially to
those OF US In Congress who were engaged
In formulating the legislation. In nv iudg-
nent,' ne continued mo judgment has ever
in the history of the country been rendered
wnich mas done so much to destroy the infiu-
ehce OF tnat high tribunal and excite dis
trust on the part of the people of this coIn-
Try. The country had, ne sa.u been used
10 rely on 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 or lower courts. being farther re-
moved from outside influences. That this
court should have reversed its own decisions
Tor hundred years in a question vitality
aHectlng the interests of the entire popula-
tlon ana placing the government in the atti-
tude OF violating the constitution during the
entire history of the Union, must he de-
ciared, be matter OF sincere regret. From
the Hilton decision in 1896 to the Springer
decision in 1866 the decisions had been uni
form in UNFOLDING the power of Congress
to tax incomes on real and personal prop
erty without apportionment among the
states He quoted from various decisions
in support of this assertion and proceeded
to show that Mr.. Seward, one Of the coun-
sci against the government in the recent
cases, had conceded that the Springer de-
cision was to this effect. In view of this
iact IL was not matter of surprise that
miracles had not passed.
AN UNKNOWN JUSTICE SCORED.
Mr.. Vest declared that he would not
trust himself in the Senate to say what
ne would be tempted to say of this opinion,
but would leave it to the members of the
court to stigmatize it as it deserved. With
this introduction he had extracts read from
the dissenting opinions of Justices Harlan
and Brown. saying that If he made the
declaration contained in these opinions he
would be charged with partisan malice and
misrepresentation, but, coming as they do
from this high source, they certainly con-
stituted a most powerful arraignment of
this court Of last resort. Mr.. Vest was
most severe in his direct characterization
n nj he too rr-IaA cha
his opinion after the first decision before
the second was rendered. He would not.
motives, but that justice-and he Vest did
not know who he was-had been mainly
responsible in fastening this sordid des-
potism of wealth on 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 to put his reasons on record for
this far reaching and terrible decision. The
Justices name was, he continued, unknown,
except to himself and his associates. The
Senate had been ridiculed and vituperated
because of the secrecy of it's executive pro-
ceedings, but what, Mr.. Vest asked, with
display of warmth, would be thought of
a Senator who would change his position
on a question of vital general interest,
when his position was essential to the sue
not have the manhood to stand before the
country and reveal himself and his reasons
for such a transformation. He could not,
in such an event, imagine the storm of op-
and the charges of corruption that would
follow. Mr.. Vest said he regretted that
the court had not only permitted but en-
couraged the indulgence by counsel of sour
rilous references to the motives of those
who had participated In framing the in
come tax legislation for granting exernp-
ions to certain interests and proceeded to
explain reasons for those exemptions.
Resuming the thread of his discourse, Mr..
Vest said he did not believe that the ter
rible effect OF this decision had yet been
apprehended by the people of the country.
1T marks new era" he said, land /
greatly mistake IL the time does not come
when neither soft words nor honored praises
will prove a sufficient apology" 1t was
beyond credulity that a Vanderbilt 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, must be the
case IL the decision was to stand. He pre-
dicted that the time would come when the
truth Of Justice Browns opinion would be
everywhere recognized that that decision of
the Supreme Court had fixed for all time
the freedom from Federal taxation of the
"sordid wealth of the land"
He reviewed the record of the last three
administrations. Though he differed with
the head OF the party in many things. he
declared that no administration I'm the his
cessful than the Cleveland administration
OF 1859.
What Democratic law was in force dur
ing those four years." asked Mr. Hoar.