Omaha daily bee., 1909-04-29

tuition left TO other minds than ours the
decision as TO the constitutionality of the
laws we enact. That court has spoken,
and has the senator from Texas or any
other senator the right to assume that be-
cause the personnel of the court has
changed It's decision on the income tax Will
be changed when next tho question is pre-
sented?'
"If the present court should reverse It's
decision OF fifteen years ago and declare
an income tax constitutional, how lon
would it be before a court, composed OF
different justices, would revert to the Pol
lock decision as better law? AS years come
and go courts must change: will we have
law change with personnel?
ut is this uncertainty that makes an
amendment to the constitution necessary.
The eighty millions of people beyond these
walls who do not occupy seats in congress
or on the bench are entitled to know that
this, their government, has some powers,
rights and prerogatives enjoyed and exer-
eised by every other enlightened nation OH
the face of the earth-the power to levy
and collect taxes upon the incomes Of the
fortunate and prosperous"
In conclusion Senator Brown read ex-
tracts from a dissenting opinion of Justice
Harlan in the Pollock case, predicting dire
consequences to the nation in time of war
If the income tax is permanently ruled
unconstitutional.
The Lumber Schedule.
An exhaustive treatment of the lumber
schedule of tho tariff bill by Mr.. Simmons
OF North Carolina was also a feature of
the session of the senate today. Mr.. Sim
mons spoke for three and e half hours in
support OF the retention of the present
tariff which, he maintained. was but a
revenue rate. Several times the national
democratic platform of 1908. which declared
for free lumber, was injected into the dis
cussion by republican senators and Mr..
Bacon OF Georgia remarked that he was
not bound by declarations written into a
platform at midnight by a few interested
men.
Senator Burkett sought to state where
and when the democratic platform actually
was drawn. but Mr.. simmons refused to
yield time TO prolong the discussion.
The only beneficiaries OF reduced or free
lumber, Mr.. Simmons declared, would be
the rich box manufacturers located along
the great lakes.
Burkett Springs Platform.
The democratic national platform of 1908
with relation to free lumber, again was
thrust at Mr.. Simmons. this time by Mr.,
Burkett, and incidentally he stirred up a
hornets nest, because of an interruption by
Mr.. Hepburn, who suggested that he &c
slow in that matter inasmuch as senators
on that side" meaning the democratic side
were supporting the lumber plank of the
republican platform.
Gaining the floor temporarily, Mr.. Aid
rich declared the senators were In a fail
way to adjust their differences as to lum'
Der. Now. let's waive this question OF
names" he said. at Is the same whether
you call 1t tariff for protection or tariff
for revenue
Mr.. Bacon asked II Mr.. Aldrich would
bring down the duties on wearing appare
to 10 per cent. Mr.. Aldrich accused Mr.
Bacon Of lodging the democratic platform
by alking about a revenue duty. II am Q
protectionist and have the courage to say
So" Mr.. Aldrich exclaimed.
II can tell you when the democratic plat
| form was written and where" interjectec
Mr.. Burkett. amid republican laughter.
Mr.. Simmons then resumed his argument
All he wanted, he concluded, was fair treat
ment for the lumber industry.