New-York tribune., 1909-07-06
RIIL NEAR COMPLETION
r.RTFF MY 60 TO CON
FERENCE FRIDAY.
.5.n;n;strctirc Features and Income
Tar Constitutional amendment
Resolution 4dOpted.
rr-m The Tribune Bareau-l

s1
tarin s-sre5 l,v the Senate to-day. The Joint
ncsllH ~ ovi5fre for the submission to the
reso11 = a constitutional amendment
kl1i.,- Congress 10 levy an income tax was
ss unanimously. seventy-seven senators
SuoL The administrative provisions OF the
~, &c then taken up and agreed To-
U--I ,.+,,, creating a Customs Court OF Ap-
IN - -, -lo constitutional lawyers OF
20 -,..a especially Mr. RayEer VINO deNoteu
g his time 20 pointing out why MI Ai0-
uioS' ~. competent TO pass on censutu-
-, 70 -,,as-ions When the Rhode lsanu oeIla-
u''a. ---a,+a5 20 accept an amendment "hlch
tol -, +fe objections of Mr. Rayner the
lel ~ ..rs1 LAWYERS permitted the Customs
...ior n be adopted without a rollcaH-
r~,e,s amendment relating to the taxa
ro-eirn vessels and Mr- Beverage
.5r,ent restoring the war taxes on loOdcco
- ~ tsk4n III, Tomorrow II is the eAPeeIa-
f the leader that the bill VIII pe report 'e0
r. senat. tomorrow afternoon and th1l Lo'
-, ,ha, TWO days viii be required 10 sel'le
.i' ,.s.-e-,ss which were not fully adjusted IN
.,5,taa or the whole. The leaders peileNe
b.t tle bill viii be in the hands OF the con
,ora,o4 committee by Friday night
R.yNER ENTERTAINs THE SENATE
~ Razner-s constitutional argument on the
,,,e,or,s Court provision delighted the senate
.n5 tbe galleries. The Maryland Senator hesah
-, H. statement that he would finish his re-
marks in ten or fifteen minutes He kept re-
reatine tsliz assurance n intervals Of thirty or
f,rr minutes but continued - talk for TWO
hours Nr Aldrieh was his chief lnqulsltoE'
.-5 his 7uestiors were annoying To Mr- Ray
- -.i., r.ar..stea over and over that IS Mr.
.15-fcr was not a lawyer it was not proper Tor
him IL tr, to understand the constitutional
c7,eetio7s which the lawyers Of the Senate
sought 70 solve.
When Mr. Root was drawn into the Contro-
versv he congratulated Mr.. Eayner on the per-
fectlv delightful time lie had been having" He
said he had never known a more safe and sane
Fourth of July. He declared that while he dld
Tot favor the creation Of this rcW court he dld
NOT entertain tf.e hostility To il shown by the
Senator from Maryland. but yielded TO others
who were better informed IN respect to the ad-
rninistration of custom laws. This Law, he SAID
merely transferred from the Circuit Courts of
tie United States Ia the new Customs Court the
jurisdiction to pass on the questions Of classif-
cation and rates Of duty in lie same way on
evidence being sent 10 the court as il had been
sent To the Circuit Courts OF the United States
After Mr. Rayner had been talking an hour
and a half ar. -Aldrich asked liI1 Il he would
not state clearly what his points were.
i regard that IS an Insult" replied Mr. Ray
rer and he added that il only proved Mr. Aldrich
knew nothing about the great constitutional
proposition which he had been trying 10 elucl-
Gate. M Rayner sought 10 prove that the pro
vision authorizing tie establishment OF Gus
toms Court IF Appeals was Unconstitutional be
cause il made no provision for jury trial and
denied due process IF law t. those charged with
violation of the customs laws
NJ. AlGrieh said that En- tie matter Of yalEa-
tons under the customs la0s there had never
been trial ly jury The provisions Of which
Mr.. Ravrer complained had been the law for
twenty years he asserted. Tie Rhode Island
Senator asserted that the sections Of the bill es-
tabhshins the Customs Court had been drawn
10y tie best lawyers H. tle ser p. f the gov
eument. They lad been approved by Presi-
d,at Taf. and various members of his Cabinet.
including Tie Secretary OF State and the .Attor-
ney General Tie customs experts in New York
and TIE law Officers or tie Treasury lad exam
l1ed them. a-d t-oy had been approved 10y the
lawyers .f rae Finance Committee. Finally.
III Aldrich consented To an amendment TO eE-
cude criminal prosecutions from the cases in
which naturalization as shown 10y the appraisal
sI.--l be- Iresumptiye evidence Of fraud.
PROVIDES FOR CUSTOMS COURT
en ino-lau of N-. s.Isery the salary of the
Judges ~ Tie rev court. which IS 10 consist OF
h'e members, was redu-ed from S1UUtU to
S''" ON motion o- lIr Warner the salary of
tAe s4-e,-aa Assistant Attorney General vino Is
G u attached ta Tie nosv court was reduced
nom Ht''=' 1p SG-sHi. te salary OF the Deputy
Assislani Attorney General from $500 to
soVVV' L.e salary of TIE four assistant sttor-
heys from >Gt,o te 5000 and Of the three as
sislani attorneys from 5000 to $1,000. ON mo-
uon of Mr Bacon Savannah. was Included in the
places where tire court IS to sit.
M AldIich maze q brief statement regard
ing the attitude of the Finance Committee
toward IN, drawback clause. He said that
1Aatr the House drawback provision. eliminat-
-hg me Identification provisions Of the Dingley
-a". the government would lose from S2UO.UUU.-
." T. S5s0oo0yo q year in revenue After
seTeIuiiy considering this question. it had been
ceuaed 10 make no recommendation, but TO per
mt the Dinghy law provision 10 remain in
force
The Rhode Island Senator accepted an amend
lnenl bv Mr. McC1m6er excepting from the
provisions of the drawback allowance wheat.
Wheat -four ard faXsceG. MI Burton opposed
i1-s 'n tle ground that it vas a discrimination
aza-ust THE milIers. The McCumb,r amend
n-eHt was adopted a1tcr ia. O,erman had
amended it 50 HAT exporters OF cotton may
take adj aEtag of the drawback rs To cotton
Tics
Later ia tn day 5ir. Calberson said that
lnde; the dra sbacz prov ision Of the Dingloy
ia" tie Standard oH Company had received al
-0"anees ~ about S1,Wn~1o year on cans
used ln tae export trade. He WAS opposed to
any drawback allowance. for its onl; effect was
IT, help tie great exporters.
Does the senator thinl, the Standard oil
SoinI any ought 10 be treated differently from
other citizens inquired Mr.. Aldrich
! think" replied Mr. t'ulberson - hat any
monopoly aUgEt To De- treated differently from
citizens s,ho are endeavoIing TO obey the law"
i do not think" said Eir Al3rich. that the
slanaard oll E4-l-.a- LIS n. r,--n.LnL. u .-z-