Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-10-07
ENACTMENT OF SUCH LAW
Or Some Form of Government Rake
of on Private Fortunes.
EXTRACTS FROM SPEECHES
Made by Him at Different Times
Supreme Court May Reverse
Its Opinion.

The belief Is growing in political circles
that President Roosevelt will send a mes
sage to Congress before his term expires
recommending the imposition Of an in
come tax. or some form Of government
rake-off on private fortunes. Everything
that he has said in recent public addresses
lends color to that opinion.
OF course the right Of the government to
impose such tax would have to be at
firmed by the Supreme Court of the United
States. Supreme courts change their opin-
ions with their membership, and President
Roosevelt will have opportunity within his
own term of office to dictate the appoint
ment OF twO-ninths Of the membership. In
the last decision of the court upon the con-
stttutionality OF the income tax the vote of
the court was to against 1t, a reversal Of
opinion on rehearing. On the first hearing
OK the case the court stood the other way.
but some members subsequently saw a new
light.
Supreme Court May Agree.
With this narrow margin Of difference in
legal opinion. and with two prospective
vacancies on the bench to fill. the President
may be able. If he so desires, to feel as
sured of the approval Of the tribunal of
last resort for the program of governmental
supervision Of personal effort which he ap-
pears to have in mind. OF course, acct
dents will happen in the best regulated
families. and disappofntments occur. 1t was
said that the President was bitterly disap-
pointed because Mr.. Justice Homes. hds
then recent appointee to the bench, did not
concur with the majority Of the court in
the decision Of the Northern Securities
However. 1t Is thought that II the Presi-
dent Is SO inclined he will have no trouble
in finding among the great array OF legal
talent In this country appointees to the Su-
-~1n t. b. xrn
government supervision OF fortunes. pro-
yided Congress passes q law.
That the President has In mind the rec
ommending Of such legislation to Congress
is assumed by many people. on the score OF
his recent public utterances.
In his speech in this city last April on
the occasion Of the laying OF the corner
stone of the House Of Representatives Of
fee building the President made his first
essay in this new field OF economies. He
said:
The Presidents Utterances.
LAS a matter of personal conviction and
without pretending to discuss the details or
formulate the system, feel that we shall
ultimately have to consider the adoption of
some such scheme as that Of progressive
tax on all fortunes. beyond a certain
amount. either given in life devised or
bequeathed upon death to any Individual
tax so framed as to put II out of the power
tunes to hand on more than a certain
amount to any one individual; the tax, Of
course. to be imposed by the national and
not the state government Such taxation
should, OF course. be aimed merely at the
Inheritance or transmission in their en-
tirety Of those fortunes swollen beyond all
healthy limits"
In his Harrisburg speech day before yes
the direction Of national control Of private
and business fortunes. saying:
But 1t Is our clear duty to see, in the in
terest Of the people. that there is adequate
use OF the swollen fortunes Of the day. and
also wisely to determine the conditions
upon which these fortunes are to be trans
mitted and the percentage they shall pay
to the government whose protecting arm
alone enables them to exist"
The people who believe that the Presf-
dent hopes to see a reversal of the SUI
preme Courts decision on the income tax
or something allied to 1t. base their opin-
ion on his utterances at Harrisburg when
he said:
The many legislative actions and many
judicial decisions which 1 am confident
time will show to have been erroneous and
a damage to the country would have been
avoided if our legislators and jurists had
constructing the laws of the land in the
spirit of your great Pennsylvania, JUS
tice Wilson-in the spirit of Marshall and
of Washington
May Have Popular Support.
The people who hold to this opinion go
on to say that there will probably be pop
ular support to a great extent Of the Pres
ident's supposed aim in this direction.
When the income tax decision was handed
down there was widespread discomfort and
the charge was made that the Supreme
Court had been packed" by capital against
the popular will. Those folk. 1t is claimed,
L.t DvnC dam "a
Welt has as good a right to pack" the
court in favor of the popular will If 1t is
expressed by Congress in support Of the
Roosevelt theory OF national control OF
private fortunes.
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