Evening star., 1897-03-02

cision. The charge, he said, was based ION
lying report of popocratic newspaper
reporter n popocratic newspaper"
he reviewed the two decisions Four
questions were involved in the first de-
cision. One of them was as to the consti-
tuuonality OF an income tax on real estate.
SIX Of the judges-Chief Jastice Fuller,
Justices Field. Gray Brown Brewer and
Shiras-decided that such a, tax was un-
constitutional unless 1t was apportioned
according to population. The court stood
D 10 Z When the rehearing occurred the
question then being as to whether income
on personally not real estate was taxable,
the court stood . to that the tax was un-
constitutional. The five were Chief Justice
Fulier' Justices Field, Gray, Brewer and
sniras' si. Justice Brown abandoned the ma
Jorty. Justice Shiras' name was in both
iists. He had not changed his mind After
inns explanation Mr.. Dalzell Called on the
other side to retract manfufly the charge
So frequently heard on the stump last year.
ne warned the democratic side that a re-
affirmation OF the charge would not he a
satisfactory reply to the American people
me people loved Justice, and they would
not look lightly Oh a reteration of this at
in the land, and upon a man who had al
WayG worn the white flower Of blanieless
hfe The republican side broke into
CHEERS as MIR. Dalzell sat down.
Mr.. McMiIIin.s Reply.
The other side was granted thirty min
utes to reply, and McMillin took the fioor
with the statement that all the reasoning.
sophistry and eloquence" could not rid the
situation OF the plain facts. He still in
sisted vigorously that in the first decision
the court stood to ), and on the second
10 D, ana that Justice Shiras had reversed
his position.
jackson was not in that case
An Exciting Time,
MI Dalzell called on him for his proof
and Mr. McMillin attempted, as he said,
to trace where Justice Shiras stood by
pointing out from the dissenting opinious
OF the other justices. The republicans
1eered him and callel for, further proofs
flnally Mr. McMillin turned and called on
MI Daizell as Justice Shiras spokesman"
10 dare to ceny that he changed his opin-
ION Mr.. Dalzeil denied hotly that ne was
the spokesman for Mr.. Shiras.
inen as his defender" shouted Mr.
McMiiiln, the gentleman dare not deny it
nor care the justice himself deny it,"
He has denied it, Interrupted Mr.. Gros-
venor. Mr. Dalzell called attention to the
1act that no one knew exactly how the
court divided save the justices themselves.
Mr. McMiiiln admitted the secrecy, but he
declared himself Satisfied with the proof
but there was one u,n who knew If who
could speak if he would
Name him! name him. cr:ed the re-
publicans.
Justice Shiras himself shouted Mr..
McMillln, amid roani of democratic ap-
plause.
Mr.. DeArmOnd's Speech
Mr.. DeArmond (Mo), who participated in
'he original attack, followed with a bitter
speech A few more of such defenses of
Justlce Shiras as the House has listened to
said he In opening, would leave the Justice
IN deplorable condition He ridiculed the
position taken by Mr. Dalzell as Justice
ehlras self-conStituted defender who
came fully equipped, but who admitted he
knew nothing
Mr. Dalzell termed this a LAWYERS dodge.
an attempt to shift the burden of proof.
out Mr. DeArmond continued to comment
on justice Shfras' "clam-like policy" He
uered MN TO deny 1t and warned him that
ne eouiu not hedge himself about with the
imaginary walls of propriety" -5s
ne Feopic mad a right to know who 1t
from wealth to toll. They had a right to
know where he stood and why he stood
tnere: Mr. DeArmond was exceedingly
causuc ana was frequently. applauded by
his side Of the house ~
This closed the incident. al st
Black Entitled to His seat.
Ihe House has unanimously voted that
Mr.. Black Of Georgia. whose seat was con-
tested by Thomas E. Watson, the late pop-
uhst candidate for Vice President, Is en-
titled to the seat. Mr.. Aldrich called I'M
the anti-prize fighting bill. but It was COM
tested with a motion for a. recess for an
nour, and the motion prevafIadS71 tn q,