The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1898-06-24

I have made on the subject. For one
hundred years an income tax has been
held constitutional by the supreme
court, beginning with the HyltOn case
in 3 Dallas, and ending in 1882, l think,
with the Springer case, in 102 United
States reports. In five different cases
the supreme court has passed on the
constitutionality of an income tax and
held it to be constitutional.
Mr.. Teller-Unanimously every time.
Mr.. Allen-Unanimously every time.
The income tax had passed success
fully in review before every chief jus
tice of the supreme court excepting
Ellsworth, | think. who had not taken
his seat when the Hylton case was de-
cided. 1t had passed successfully in re-
view before forty Of the most eminent
associate justices who have ever oc-
cupied seats on the supreme bench.
They reviewed it carefully, and held
the government had the constitutional
power to impose an income tax; but it
was reserved for the present distin-
guished jurist who occupies the Office
of chief justice, and a bare majority
of his associates to discover that all
their predecessors and all the great
lawyers Of the nation for a hundred
years had been mistaken, and that the
congress did not have constitutional
power to impose a tax OF incomes, and
therefore the tax was void.
And whoever yet has discovered the
marvellous change Of opinion in that
court within a few weeks? Has that
been explained to the world? One Of
the justices held the act to be con-
stltutional in an elaborate opinion, and
within a few days thereafter discov-
cred thai he was wrong and changed
his mind and voted to hold the entire
act unconstitutional. Marvellous change
Of judgment! Marvellous change of
heart!
Mr.. President, the fact hat a man
occupies a position on the supreme
bench Of the United States, or on any
other bench, does not make him a true
mar unless he is such before he goes
there. No man has ever discovered, or,
IT he has, has explained to the world,
that marvellous change of opinion. I
would rather AXE a pick and go upon
the highways and earn my living by
digging in the streets at a dollar a
day than to have rest on me the sus-
picion that in a judicial position I had
changed my mind on a question of law
for the accommodation Of n particu-
lar industry in this or in any other
country. Who were interested in pre-
venting the income tax from being
enforced? The great manufacturers
and corporations; and rumor has it
that the justice who changed his mind
comes from one of the most highly
protected states in the union. What
synthetic relation there may be be-
tween that and his change of opinion
l do not know and 1 do not care to
suggest.
Mr.. President, it is deplorable when
the people Of a country like this lose
confidence in their judiciary. Does any
man doubt that politics rules the SUI
preme court of the United States in
some cases as much as it does in this
chamber and in the other branch
Of congress? Decisions are made and
handed down by that tribunal which
rest upon nothing but mere party poll
tics. Law is abandoned, justice is
abandoned and thrown aside, and the
court renders a decision, a political
decision, just as u republican friends
and a few of their democratic allies
will in a few days vote bonds upon
the country through political motives.
The question of justice has nothing to
do with it. 1t becomes a question Of
~expediency and party policy. Is it not
deplorable, sir, when the little boys
and little girls Of a nation are taught
at the f1reside to suspicion high judicial
tribunals of being actuated by I'M
worthy motives? How long can a gov
eminent exist in It's original purity and
integrity where such a suspicion exists?
And have they cause for suspicion? Go
back, II you will, to the electoral deci-
sion Of 1877.
Mr.. President. I do not believe there
is an intelligent human being in the
United States who does not believe
that Mr.. Tilden was honestly elected
toEthe presidency and was entitled to
his seat. The great masses of the people
I think, believe 90. They certainly do
In many sections Of the country, re-
CARELESS of politics. And yet some
Of h judges Of the supreme court were
taken from their high position and
placed upon an unconstitutional COM
mission for the purpose Of deciding a
question over which they and no other
tribunal but congress had jurisdiction.
Who does not remember the result?
Election return after election return
was overturned and their force de-
strOyed; every rule of evidence made
to safeguard the administration Of JUS
tice was ignored, inc the tribunal stood
eight to seven. just according to the
partisan politics Of the persons COM
posing hat commission.
So the judges Of our courts are called
from their designated duties to perform
F., others entirely distinct from the offices
for which they were selected. A short
time ago, within the Isl two years,
there was created what is called the
Venezuelan commission, to ascertain
the boundary between British Guiana
and Venezuela. Who does not recall
the lurid message sent to us by the
late prophet of the White house,? We
voted on the spur Of the moment 800,
600 to authorize him to create a com
. mission to determine where the true
boundary line was. and he formed It.
He took two justices, one of the JUS
tees Of the district supreme court
and one of the Justices Of the supreme
court of the United States, from their
duties and made them a part of that
commission. The 500. 900 has melted
to a very few thousand. There are