The Montgomery advertiser., 1909-07-06
TARIFF BILL
NEARS FINISH
Customs Court IS Fa-
vored.
WILL SUBMIT AMENDMENT
Income Tax to 60 to State Leg
islatures
senator AldricA Pleased with Progress
Of the Measure-May Go From
Committee Of whole

washington. July s.-The Fourth of
July" was the Senate's busy day. From
10 o'clock in the morning until 5:35
in the afternoon the Senators dabor,ed.
The day was devoted in the main TO
the consideration Of tine administrative
provisions of the tariff bill and to the
Brown resolution providing for the SUBJ
mission of the question of income tax.
to the Legislatures or the various
States, which. while not part of the
tariff bill, lie so related to 1t as to have
made II necessary to consider II in
connection 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 provision and he made long
speech, in which he set forth with
much emphasis. the declaration that the
court would be found to be unconsti-
tutional, because. while dealing with
questions at common law, 1t has no
provision for trial by jury which. he
said. every sutton under the common
law has q right to demand. He sharp
quently reminded that ne was not a
lawyer and could not be expected tp
understand the legal ana constitutional
questions.
The provision was defended by a
number of the Republican lawyers. but
Mr.. Root said he had not favored the
creation of the court.
The provision occupied attention for
about three hours and ultimately was
accepted without division, though not
until IT had been amended In accord
ance with Mr.. kayner's suggestions SO
as to exclude criminal cases from its
operation.
The proposed court 10 to consist OF
I'VE members and 1t 10 intended to
supercede the United states Circuit
Courts In customs matters.
Much work Done.
Not since the tariff bill has come
into the Senate had SO much been ac-
complished within a day. Indeed,
when the sitting came to an end, q
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
ngures on which had not been cora-
pieted by the committee whom the Sem
ate adjourned.
Attention was given to the drawback
feature Of the bfl1, relative to which the
Finance Committee made no recommen-
datior beyond striking out the House
provision which would have the effect
OF throwing the whole question 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 res
olution of Senator Brown (Neb.) was
adopted The resolution submits to the
Legislatures of the States an amend
ment TO the national constitution pro-
viding that "the Congress shall have
power to levy and collect taxes on In
comes, from whatever source derived.
without apportionment among tho sew
eral states and without regard to any
census or enumeration.
There was three hours debate over
this measure. the principal contest De-
ing over an amendment by Senator Bal
ley submitting the amendment to con-
yentions in the States instead OF the va
rious state Legislatures. The amend
ment was defeated, ne division peins
largely along party lines The Brown
Amendment was adopted unanimously.
senator Aldrich hopes to have the
hin pass tomorrow from Committee Of
the whole to the Senate.
Tn the Senate proper, 1t will receive
brief attention and will then go to con-
ference.
The tobacco schedule will probably
rrovoke considerable debate and the
chairman of the Finance Committee
mat be disappointed. Consideration OF
the hill Ia. however. near its finish in
A. Canata