The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30

| auJuulcatlOnS or this court, has always
been administered. Thoughtful. con
sentative men have uniformly held
| that government could not be safely
administered, except upon principles
| OF right, justice, and equality-with
| out discrimination against any part
of the people because of their owning
or not owning visible property, or be
| cause of their having or not having
incomes from bonds and stocks. But
by its present construction of the con
stitution the court, for the first time
In all its history, declares that our
government has been so framed that
in matters of taxation for its support
and maintenance those who have in.
comes derived from the renting of real
estate or from the leasing or using
of tangible property, bonds, stocks
and investments of whatever kind
have privileges that cannot be accord.
ed TO those having incomes derived
from the labor of their hands or the
exercise of their skill or the use OF
their brains.
Since that bare majority of one has
been obtained, senators urge that the
great masses of the American people,
who are asking to have this tax bur
den distributed, shall not go again to
the court to have that question con-
sidered, out of mere delicacy of con-
sideration for that tribunal.
Mr.. President, that great tribunal.
whose judgments and DEGREES deal
with the destiny of 46 sovereign COM
monwealths and with all the plans
and purposes of a great nation, within
whose jurisdiction are found the
rights and liberties of the humblest
citizen. and the complex and ever
haunting problems of state and ma
tional sovereignty, cannot be too jeal-
ously guarded or profoundly honored
to suit me. If we differ upon that
question we differ only as to the meth
cd making known our respect for its
power and our concern for its contin-
ued usefulness and honor. AS a citi-
zen l bow uncomplainingly to its iudg-
ment; as a lawyer, l seek it's decis-
ions as the wisest and most profound
expositions of the law to be found
among our own people or elsewhere,
controlling and authoritative, not SIM
ply because the constitution makes
them so, but because of their learn
ing and research and wealth of rea-
soning; but, sir, as a legislator,
sworn to uphold and maintain the
constitution, pledged to preserve it in
all its integrity of purpose, l most re-
specially submit that / am not pre-
cluded from carrying to that tribunal
for its reconsideration a question Upon
which they were all but evenly divid-
ed. Where great and powerful intel
lects, trained in constitutional law,
each determined to arrive at a sound
and righteous conclusion, differ by a.
bare margin Of one, and by such diff
fernece Overturn the presidents and
practice of century, and by such diff |
overturn the precedents upon
which We had collected millions from
the American people and fought the
great battles of the Union, who will |
tell me that under such circumstances
1t is an assault to the dignity of the |
court or an undermining of its conf |
1ence to ask it again to reconsider
that question?
Mr.. President, the mere change of |
opinion upon a specific question of
aw submitted is a small item to mar
he confidence of the people in that
august body. Our confidence is best
and most definitely determin-
ed when it is ascertained that al +
.hough specific errors may creep in.
errors which are human, the inherent
BENT Of its innate strength or virtue.
he compelling power of its intellect
lal integrity are to correct those err
'ors, so that, in the wide sweep of
he years, its judgments may stand
he test of reason and the strain of
line. Sir, | honor that tribunal by
to its great patience, it's
clearance, its willingness so magnifi-
'ently exhibited upon scores of coca
ions to re-examine its own opinions.
Let us do our duty as we understand
t, with a due regard to the rights of
he people and our sworn obligations
ere, and trust the great jurists, who
ow occupy places upon that bench
nd who rank well in heart and brain
nth their great predecessors, to pro-
ect and preserve the integrity and I
onor of that bench. and transfer it
nimpaired and untarnished to sue
eeding generations.
ENATOR TALIAFERRO AND THE +