St. Paul daily globe., 1896-01-08

munications were for the purpose, he
claimed, "of forcing us from our po-
sition" and making us more than
ever dependent upon a syndicate of
bankers. He wanted to know if Mr.
Pulitzers action did not come within
the pale of the statute he had cited.
Mr.. Chandler was inclined to agree
that it did.
"The statute only applies to citizens
OF the United States" interrupted Mr..
Stewart Pop., New. 'Is Joseph Pu-
liter a citizen?"
HE was born in Hungary" replied
Mr.. Chandler, but understand he has
been naturalized."
He is citizen of the United
States" interjected Mr. Lodge.
Mr.. Gray Dem, Del.) asked for
rereading of the statute.
1T is now being read by the defender
of the administration said Mr.. Chand
Ter sarcastically.
Whatever else I may be-" said Mr..
Fill, looking up, II am not the defend
er of Joseph Pulitzer"
! After the statute had been again
| read, Mr.. Gray took the floor and bit
! terly denounced the suggestion of Mr..
| Lodge. He declared that he had heard
| it advanced with surprise and approv-
ed with amazement.
Now, i'll the evening of the nine
teenth century, you cannot bark back
on the track of the dead centuries and
attempt to stif1e expression or effort
to obtain expression" said he, sin this
country or broad. In this country and
in all civilized countries just public
opinion Is the final arbiter of all ques-
tons. 1t is not necessary for one TO
say, if this suggestion is seriously said,
that it is impossible in this day and
hour to attempt any inquisitorial in
terpretationS Of a statute for the pur-
pose of sitting an expression of public
opinion
VEST ON THE INCOME TAXES.
The hour of 2 o'clock having arrived,
the senate, without disposing of the
question, resumed consideration of Mr..
Sherman's resolution concerning the
gold reserve, and Mr.. Vest (Dem., Mo-
took the floor. Mr.. Vests speech prov
ed to be an arraignment of the supreme
court for it's decision in the income tax
case. The senator spoke with his US
ual emphasis of language and gesture,
but with more apparent del1berateneSS
than usual, and was listened to with
close attention by senators 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 the responsibility
for the legislation of the last congress,
notwithstanding it had only an osten-
sible majority in the senate, and then
he passed rapidly to his subject by de-
claring 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 unconstitutional.
THAT the court should have render
ed such a decision,'' he said, was
matter of surprise-of surprise to every
intelligent lawyer in the country, es-
pecially those Of us in congress who
were engaged in formulating the legis-
lation." "In my Judgment he con-
tinued, 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 ex-
cite distrust on the part of the people
of this country
The country had been used to rely on
the opinions of this court because it's
judgments were supposed to be above
the caprice, prejudices and sudden
changes which might characterize the
decisions of lower courts not so far re-
moved from outside influences. That
this court should have reversed it's
own decisions for a hundred years, in
a question vitally affecting the interests
of the entire population, and placing
the government in the attitude of vio-
lating the constitution during the en-
tire history of the union, must, he de-
clared, be a matter Of sincere regret
PREVIOUS DECISIONS
From the Hilton decision in 1896 to
the Springer decision in 1885, the decis-
ions had been uniform in uphoIding the
power of congress to tax incomes on
real and personal property, without ap-
portionment among the states. He
quoted from various decisions in sup
port of this assertion and proceeded to
show that Mr.. Seward, one of the coun-
sci 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 a matter
of surprise that Justice Harlan had de-
clared 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 of this
opinion, but would leave it to the men,
bers of the court to stigmatize it as
! it deserved With this introduction,
he had extracts read from the dissent
ing opinions of Justices Harlan and
Brown, saying that if he had made
the declaration contained in these opin-
ions he would be charged with parti-
| san malice 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 characterize
ton of the conduct of the justice who
changed his opinion after the first
opinion before the second. was rem
dered. He would not, he said, attempt
to enter into that Justices motives,
| but that justice-and he (VesD did not
know who he was-had been mainly
responsible in fastening the sordid des-
potism 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 to put his reasons on
record forN this far-reaching and terri
BILE decision. The Justices name was,
| he continued, unknown except to him
self and his associates. The senate
| had been ridiculed and vituperated be-
! cause Of the secrecy Of it's executive
display of warmth, would be thought
of a senator who would change his
position on a question of vital general
! interest, and when his position was
essential to the success or failure of
cause, and who should 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
! opprobrium, the hirtling wrath of the
! press and the charges of corruption
| which would follow.
TERRIBLE IN ITS EFFECTS.
Mr.. Vest said he regretted that the
court had not only permitted, but en-
| couraged, the indulgence by counsel
! of scurrilous references to the motives