The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-07-06
SENATE BECAME
PATRIOTIC ON THE
:. FOURTH OF JULY
Make Recoi., iced in Push
ing the Tariff Bill to
Completion
WHEAT DRAWBACK PROVISION
WAS CUT OUT BY M'CUMBER
Fight Yesterday Was Largely on the
Foundation of the Customs Court
and the Finance Committees Plan
on This Was Changed.

anu tuc TiuuHCe commuters tl1n
on This Was Changed.
Washington, July 6.-The Fourth of
July was the senate's busy day. From
10 o'clock in the morning until 5:35
o'clock in the afternoon the senators
labored. The day was devoted in the
main to the consideration of the ad-
n,inistrative provisions of the bill and
TO the Brown resolution providing for
the submission of the question of in
come tax to the legislatures of the
various states, which, while not
part of the tariff bill, is SO related to
1t as to have made it necessary to
consider it in connection with the
bill. The best fight of the day was
made by Senator Rayner against the
customs court feature Of the admins
trative amendment. He undertook to
puncture the provision. and he made
a long speech in which he set forth
with much emphasis the declaration
that the court would be found to be
unconstitutional because, while deal
ing with questions at common law, it
makes no provision for trial by Jury.
which he said every suitor under the
comman law has right to demand,
He sharply criticized Mr.. Aldrich,
whom he frequently reminded that
he was not a lawyer and could not
be expected to understand legal and
unconstitutional questions.
The provision was defended bv q
number of the Republican lawyers,
but Mr.. Root said that he had not
favored the creation of the court. The
provision occupied the attention for
about three hours and ultimately was
accepted without division though not
until it had been amended in accord
ance with Mr.. Rayner's suggestion so
as to exclude criminal cases from its
operation.
The proposed court is to consist of
five members and it is intended to
supersede the United States circuit
courts in customs matters.
Not since the tariff bill has come
into the senate has so much been ac-
compiished within day. Indeed,
when the sitting came to an end a
summary of the proceedings showed
that there was very little left to be
done. The principal item still to be
considered is the tobacco tax, the
figures on which had not been COM
pleted by the committee when the
senate adjourned.
Income Tax Amendment
Attention was given to the draw
back feature of the bill, relative to
which the finance committee made no
recommendation beyond striking out
the house provision, which would have
the effect Uf throwing the whole ques-
tion into conference. In the senate,
however, several amendments were
made. some of which were permitted,
at Senator McCumber's instance, to
satisfy the grain producers of the
northwest. A number of other minor
additions were also made, and all the
administrative features disposed of.
Early in the day the income tax
resolution of Senator Brown of Ne
braska was adopted. The resolution
submits to the legislatures of the
states an amendment to the nationa!
constitution providing that "the con-
gress shall have power to lay and
collect taxes on incomes, from what
ever source derived, without appor-
tionment among the several states and
without regard to any census or
of debate over this measure, the prin-
cipal contest being over an amend
ment by Senator Bailey submitting
the amendment to conventions in the
states instead of .fe various state
legislatures. The amendment was de-
feated, the division being largely
along party lines. The Brown amend
ment was adopted unanimously
Additional an,on6monta tn 70
bill which were accepted, provided
that nothing in the measure shall in
terfere with the Cuban commercial
treaty and prescribed the methods by
which the president shall proceed in
executing the discriminating features
of the measure. This Is simply a re-
enactment of the countervailing duties
of the existing law.
Another amendment agreed to al
lows all logs on the Maine and Min
nesota border to be sawed in mills on
the Canadian side, which are now
owned by Americans without interfer-
ing with their free entry into this
country.
No Wheat Drawback.
On notion of Senator McCumher. an
amendment exempting wheat, wheat
-four and fax seed from the draw
back provision of the bill and an
amendment by Senator Overman al
lowing a drawback on cotton ties
when used on cotton that is exported
were agreed to.
Senator Aldrich explained that there
would be laid before the senate a few
committee amendments providing for
a tax ON vessels and a tobacco tax in
cluding leaf tobacco.
The committee would, he said, also
recommend that the house provision
relating to the cost of construction
and issue of additional bonds for the
Panama canal be stricken from the
hill az these bonds did not pronerly