The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-07-10
STATES TO DECIDE.
SENATE ADOPTS RESOLUTION IN
SUBMIT PROPOSED AMEND.
MENT.
customs Court Agreed Cpon-Rayner
Says Court Will Not be Constitu.
uonal and Root Apparently I'm.
clines to His Opinion.

washington, July 5.-Notwith-
standing the fact that this was q le-
gal holiday the senate put in a fu,l
days time, and business proceeded
from 10 O'Clock in the morning until
5:35 o'clock in the afternoon wirb
punctilious regularity and excent,on.
al celebrity.
The result was marvellous. Not
since the tariff bill has come into tho
senate has SO much been accomplish
ed 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
was the tobacco tax, the figures on
which had not been completed by the
committee when the senate adjourn
ed.
The day was devoted in the main
to the consideration Of the admins
trative provisions Of the bill and to
the Brown resolution providing for
the submission Of the question of an
income tax amendment to the legis-
iatures OF the various States, which,
while not a part Of the tariff bill, IS
SO related to it as to have, made it
necessary to consider 1t in connec-
ton with the bill. The best fight Of
the day was made by Senator Rayner
against the customs court feature Of
the administrative amendment.
! He undertook to puncture the pro-
vision, and he made the longest
speech OF the day in which he set
forth with much emphasis the de-
claration that the court would be
found to be unconstitutional because.
while dealing with questions at COM
mon law. it makes no provision for
trial by jury. which he said every
suitor under the common law has a
right to demand. In presenting his
views he sharply criticised Mr.. AID
rich, whom he frequently reminded
that he was not lawyer and could
not be expected to understand legal
and constitutional questions.
The provision was defended by a
number Of the Republican lawyers
but Mr.. Root said he had not favor
ed the creation of the court. The pro-
vision occupied attention for about
three hours and ultimately was
adopted without division, though not
until it had been amended in aceor-
dance 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
supercede the United States Circuit
Court in customs matters.
In addition to the customs court
the senate also gave attention to 9TH
er provisions of the tariff bill, includ-
ing the drawback feature. relative to
which the committee on finance
made no recommendation beyond
striking out the house provision,
which would have the effect of
throwing the whole question into
conference. In the senate, however,
several amendments We're made, some
of which are 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 of the ad.
ministrative features disposed Of
Earlier 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 national
constitution providing that "the
congress 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
| enumeration" There was three hours
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 the various state
| legislatures. The amendment was
defeated, the division being largely
along party lines. The Brown amend
ment was adopted unanimously.
Senator Aldrich hopes to have the
bill pass tomorrow from committee
OF the whole to the senate In the
senate proper it will receive brief at
tention and will then go to confer
ence The tobacco schedule will prob-
nh HI .0lr