The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-09-22

elected will appoint the judges of the
supreme court of the United States, for
life; the judges will pick out, from the
statue book, the laws which are favor
able to those who elevated them to office
and repeal all the rest; and there is no
appeal left but revolution, against the
most powerful government on earth.
And all this extraordinary, funda-
mental, illimitable power exercised with
out title of warrant or authority in the
constitution which they pretend to in
terpret.
Here is all that is said on the subject
(Article Ill. Sec. 2.)
in the constitution of the United States
"Sec. 2. The judicial power shall ex-
tend to all cases in law and equity, aris-
ing under this constitution, the laws Of
the United States and treaties made, or
which shall be made, under their a1-
thority; to all cases affecting ambassa-
dofs, other public ministers and CON-
suls; to all cases of admiralty, and mar
itime jurisdiction; to controversies to
which the United States shall be par
ty; to controversies between two or
more states, between a state and citi-
zens of another state. between citizens
of different states, between citizens Of
the same state claiming lands under
grants of different states, and between
a state or the citizens thereof and for
eign states, citizens or subjects"
Surely there is not word here that
contemplates the right on the part of
court, to wipe out the laws of the Unit
ed States
But the patriots of that day thought
it might not be explicit enough; and so,
seven years after the adoption of the
constitution, in 1894, they added the
eleventh amendment, which is as fol-
lows:
The judicial power Of the United
States shall not be construed to extend
to any suit in law or equity, commenced
or prosecuted against one Of the United
States by citizens of another state, or
by citizens Or subjects of any foreign
state"
BY this amendment the supreme court
is prohibited from trying any suit insti-
tuted against state by citizens of an
other state, or Of a foreign state. And
yet the court which cannot bring a state
to its bar, in such controversies, has,
we are told, the right and power to call
the congress of the United States, and
all the people thereof, into it's presence,
and repeal every law which it has passed
or which it may pass in the future.
And under this power they have taken
away from congress the right to impose
an income tax" on the wealth of the
country; thus depriving the government
of great source of revenue, FORMER
LY ENJOYED BY 1T, and now enjoyed
by every civilized government on earth.
And this in the face of the direct au-
thorization by the constitution to ccle
gress (ATticle l, section 81:
'To levy and collect taxes, duties, i'm
posts, and excises, to pay the debts and
provide for the common defense and
general welfare of the United States;
but all duties, imposts, and excises shall
be uniform throughout the United
States"
There was no pretense that the pro-
posed income tax was not to apply uni
fOrmly through all the states-the citi-
zen in Maine was to pay as much tax
on his income as the citizen of Texas,
and no more. There was no inhibition
in the constitution against congress
levying tax on incomes; England has
used the system for century, and ev-
cry nation in Europe has adopted it,
And yet, on wiredrawn distinction, by
majority of one Zone of the judges
having, under peculiar circumstances,
changed his mind); and in the midst
of quarrel in which part of the court
denounced the other part as being CON-
TROLLED BY CORRUPT MOTIVES
the judges almost coming to blows-this
great usurpatlon was consummated, an
act of congress nullified, and the govern
ment robbed of part of it's most precious
and necessary prerogatives-the power
Of taxation
To he Concluded Next Week.