Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1906-05-22
The Right of ConHscation.

The Chicago Chronicle, comment
Ing on the utterances of President
Roosevelt and Secretary Taft in rela-
ton to the curtailing Of inheritances
by confiscating all above certain
amount of a decedentis property, says
'sThe right of taxation for that pur-
pose is recognized by the authorities
on law and the rights of men," 1t also
quotes from Mr.. Taft's recent speech
at Yale, known as the "Parlor Social
list Speech" the proposition, that
neither at common law nor under the
Constitution (meaning the Constitu-
ton of the United States) is the right
of descent of property or the deyising
Of it an inalienable right. 1t depends
wholly upon the legislature"
But both the Chronicle and Secre-
tary Taft are mistaken, so far as their
remarks relate to Federal taxation.
An inheritance tax would certainly be
a direct tax, and if it were imposed
by Congress would necessarily be APP
portioned among the several States ac-
eording to population. The Federal
Constitution, in two clauses, forbids a
direct tax under any other condition.
The common law is modified by the
constitutional provisions. 1t has no
force here, so far as taxation is CON
eerned The legislatures of the States
might confscate private property, but
Congress could not. 1t might levy a
graduated income tax Gas indirect
taxi framed so as to be uniform
throughout the United States. Indeed.
1t has often done that very thing. The
income tax clauses of the Wilson bill
were declared void, not because the
law laid an Income tax per Sc, but
because the tax laid by that bill fell
on the proceeds of land and consti-
tuted a direct tax not apportioned as
the Constitution required. A tax on
all incomes except those arising from
land would be perfectly constitutional
and feasible But an Inheritance tax
laid by Congress would, from the fact
that it would be a direct tax, consti-
tute a violation of the Federal Con-
stitutlon, since it would not be posi-
BILE to apportion it among the States
in proportion TO population.
Again, the right to acquire an es-
tate by inheritance is an inalienable
right, no less than the right to acquire
it by purchase. 1t is included among
the rights of property and no honest
lawyer or statesman will deny that
life. liberty, and property are equally
protected by the English law and by
our own constitution. A "parlor So
cialist' is far less dangerous and far
more honest than a Cabinet cornfeld
lawyer or even a White House con
fscator If oyergrown fortunes are
to be distributed in this country, as
they will be, the work must be done
according to the principles advocated
by jefferson. and not according to the
vain. hysterical propositions of Taft
and Roosevelt. Those overgrown for
tunes have grown up under the shell
ter of proteetionism in opposition to
the Democracy. Trusts and combines
built up by the protective tariff laws
and special privileges enacted by the
Republicans haEe made them possible
When the Democrats regain the gov.
ernment they viii be distributed with
o5zt any violation of natural right, by
restoring equality Of opportunity tc
all the people.
a Triunvirate of Hocus Pocus.
In an article plainly inspired at the
War Department and written by Dick
Iuson," we find the following estimate
OF the powers. giories. and lasting quail
ties of the three men who dispute with
the giant life Insurance companies the
title Of the Big Three:
"AIr. Roosevelt will be only fifty