The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1909-07-30

pAoCc was d ld6oOu OIL warm SalC Wa
ter at a temperature of II degrees,
and slightly below sea level. In Its
center two small islands are throwing
off a jet Of steam.
Constitutional Amendment.
The senate by a unanimous vote
has adopted a joint resolution sub
hitting for ratification by the legis-
latu1es of the states a constitutional
amendment giving congress authority
to levy an income tax. This is the
first step toward the simplest method
Of amending the federal constitu-
ton. The second step will be taken
when the joint resolution is adopted
by the house, which will be Within
a day or two. A %two-thirds vote is
all that is required, but the proba-
bility is that the house, like the sen
ate, will make it unanimous. It will
then become the duty Of the presi-
dent. through the secretary of state,
to notify the governors of the various
states that congress has proposed a
constitutional amendment and 1t
will then be the duty of the COVER
nors to lay the matter before such
legislatures as are now in session.
In states where the legislatures are
nov in session the amendment Is to
be submitted for ratification at the
next ensuing session. Ratification by
the legislatures of three-fourths of
all the states Is the final step in the
process of constitutional amendment.
There are now forty-six states, and
favorable action by thirty-four Of
them will be required to validate the
amendment. II twelve states should
refuse their assent the amendment
will be defeated.
Instead OF calling for ratification
by the legislatures, as proposed by
the senate, congress might call for
ratification by constitutional con-
ventions in the various states. Ar
ticle v of the constitution, giving
congress its option of two methods.
Senator Bailey proposed amendment
by conventions rather than by leg
islatures, but this plan was disap-
proved by the senate. The objec-
lions to this r obvious. It woull
result in delay incident to the nec-
essary calling Of conventions in all
OF the states. It would call for the
expenditure of much money IN &C.
fraying the expenses OF such conven-
tions. Last, but not least. 1t would
open mp the question Of constitution
al amendment I'M all possible direc-
tions, and might lead to the calling
of a constitutional convention which
must wrestle with dozens of half
baked reforms. In every case in
which the constitution has been
amended the amendment has been
submitted to the legislatures by con.
gress. The house will undoubtedly
concur in the judgment Of the senate
that precedent shall be followed In
this case.
What are the chances that the
income tax amendment proposed by
President Taft will be approved BY
the Legislature OF thirty-four states!
The proposition got q fine start II
securing the unanimous approval Of
the senate, and It's al will be ma,
terially strengthened II little or NJ
opposition develops ~ the house.
The prospect seems bright that thu
amendment will increase In popular
ty rs tts exact scope 10 understood
Its adoption viii not mean that con.
gress III justructed) 10 frame and
adopt an income tax statute. It vii
mean only that congress shall have
the power TO impose such q tax Should
occasion require. u the pendinl
Incorporation income tax shall be adop
ted and prove effective there b lit
tie probability that = general 81
come Tar will be needed unless va
should come. Practically the e6ec
of the amendment - 70 restore IL,
apoweri Il was supposed congress pos
seesed before the supreme courtsde
clared the general income tax ,un
constitutional IN 1896. Il viii b,
supported BY many psrsons Nh,
would orpose TIE pr0pnsal Ia I'D,
the income In. for N ordinary mean,
OF revenue raising.
With the syetodpower resting In "a,
hands Of twelve legislAturessN wouli
snot az - everaook tho possibilatyso
the amendmentaS defeat. ultrascon
IL eervnflvea 0lflRS n m a.,