The herald., 1896-10-11

does not follow that we are to bow low
before those five black gowns. We have
the right to CRITICS
When the Dred scott decision wal
| rendered and Chief Justice Taney told
US about the opinion once held that
black men had no rights which white
man was bound to respect, there were
good many loyal men who denounced
that decision Of the supreme court. On
the other hand, there were many who
had grown rich upon the blood drawn
by the slave-driver's whip, who said,
do not degrade that august tribunal,
the supreme court
Paul said to Titus, Let no man de-
spise thee" He did not say to the peo-
pie. do not despise Titus. He knew that
respect and contempt are an involuntary
tribute. They are not given or withheld
at our command. Better say to Justices
Fuller, Field, Gray Shiras and Brewer,
"let not men despise you; do not repu-
diate the repeated, unanimous decisions
Of your own court as they have existed
since 1896. bat take your stand with your
Ian. who stand by the constitution as ex-
pounded by your court and by congress,
which has followed your decisions for 100
years."
1t should be remembered that the pre-
vious decisions of the supreme court
sustaining laws similar to the income
tax law from 1896 to 1880 have the sup
port of all leading law writers and pub
licists of the century, including Kent,
Story. Cooley. Miller. Bancroft, POM
eroy, Van Hoist and Others
When the people see such an unexam-
pied overthrow of the law by the su-
preme court Is it remarkable that they
are alarmed?
That income tax decision is calculated
f0 70 al or,,, a Iov 1trtra aern nf 40
justices themselves shows how deep was
the conviction in their minds that they
were inauguratinE a new era In the
United States.
Justice Field, seeming to forget that
an income tax Is usual revenue meas
ure in civilized lands, said Of the law in
an opinion rendered at the first hearing:
1.-The present assault upon capital Is but
the beginning. 1t will be but stepping
stone to Others larger and more sweep
Ing, till our political contests will be-
come q war Of the poor against the rich.
A war constantly growing In intensity
and bitterness"
The law humanely provides that in
comes under $4,000 shall not be taxed.
Justice Field complains that there are
one hundred United States Judges in the
country whose salaries will be assessed!
Their salaries, except those OF the su-
preme court art $4,000 per annum, hence
Ino ClrCulL anu u1StTlCt JuQ6Cb WOuiQ
have been taxed at two per cent on the
excess above $4000-$20 per annum, If the
law were held applicable to federal
judges.
Justice Field complains in his opinion
that If the limitation of $4,000 Is sustained
congress may hence forth designate such
a limitation "as board of walking del
egates may deem necessary" Those are
his words and illustrate the bitterness
of feeling In the old mans heart.
Chief Justice Fuller, in rendering this
remarkable decision, takes pains to em-
phasize his contempt for the act Of con-
gress by stating that it became law
without the signature Of his friend and
patron, President Cleveland.
One explanation not discreditable to
the majority Of the justices can be given
for this decision, namely, that as Daniel
Webster by his gigantic power as a law
yer wrestled from the supreme court the
Dartmouth college decision in 1919, un-
der which corporations have grown UP
and developed this country, and are now
throttling it. SO the five weakest justices
of that court we're hypnotized by the
and almost overwhelming
legal and forensic ability Of the attor-
neys who fought the income tax law be-
fore them. These lawyers were employ
ed by the representatives Of millions Of
money, and with logic. persuasion and
threats such as are seldom heard In any
court. they did their work.
II the people criticize that decision
they have pretty good company for there