Omaha daily bee., 1909-07-06
1t Passes Senate After Somewhat
Sharp Debate.
BROWN RESOLUTION ADOPTED
Bristow Of Kansas vRinIy strives 70
Couple Direct Election of
United states
with II.

IlOh VI lne bTOWn RESOLUTION providing
for the submission Of the income tax to
the various states. The best fight OF the
day was made by Senator Raynor against
the customs court feature Of the admins
trative amendment.
He undertook to puncture the provision.
and made q long speech, in which he set
forth with much emphasis the declaration
That the court would be found to be UNI
constitutional because. while dealing with
questions at common law, II makes no
provision for trial by jury, which he said
every sutton under the common law has
a right to demand
He sharply criticised Mr.. Aldrich. whom
he frequently reminded that he was NOT
a lawyer, and could not be expected to
understand legal and constitutional cues
lions. The provision was defended by a
number of the republican lawyers. but Mr..
Root said that he had not favored the
creation OF the court. The provision oc-
cupled the attention of about three hours.
and ultimately was accepted without al
vision, though not until IL had been
amended in accordance with Mr.. Raynor,s
suggestion so as to exclude criminal cases
from its operation. The proposed court
Is TO consist OF five members, and it is
INTENDED to support the United States cir
cult courts in customs matters.
RaPid Progress Made.
Not since the tariff bill has come into
the senate has so much been accomplisbe
WITHIN a day. When the sitting came to
an end a 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 figures
which had not been completed by the
committee when the senate adjourned.
Attention was given to the drawback
feature to the bill relative to which the
finance made no
uon beyond striking out the house pro-
vision, which would have the effect of
throwing the whole question into confer
ence. In the senate, however, several
amendments were made, some of which
were submitted, 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 ad-
ministrative features disposed of.
BristOw Offers Rider.
When Senator Browns constitutional
amendment was called up, there was an
immediate demand for a quorum and on
ascerta!ning that there were 50 senators
present the senate proceeded to a discus
sion of the provision just as IL this nad
been any other day than the official fourth
Of July. Mr.. Bristow was the first sena-
tor to address the chair on the resolution
and he rose for the purpose of presenting
an amendment to the resolution requiring
the election of senator's by a vote of the
people. Mr.. Aldrich followed Immediately
with the statement that when the voting
should be reached he would move to lay
the amendment on the table, on the double
ground that it was in violation Of the
unanimous agreement and was not ger
name to the original proposition.
Gliding the majority of the senate with
an act OF piracy II II should appropriate
the plank of the democratic platform de-
claring in favor of amending the constl-
tuition to provide for an income tax with
out acknowledging the source of their in
spiration," Senator Stone read at some
length from the Denver platform to estab-
lish priority of claim on this proposed leg
~lslation.
Brown and stone Tilt.
Doesn't the senator understand" inter-
posed Senator Brown, with a touch of sar-
casm in his voice, that If there is any
thing good in the democratic platform and
the people are to get the benefit Of it some
body must appropriate it?"
But" retorted Mr.. Stone. when you go
before your people in Nebraska you should
not fail to state that you caught this idea
from the democratic platform; that will
help you in obtaining its ratification"
Reverting to what he declares were I'M
reasonable criticisms of the democracy by
the republican party for it's advocacy OF
the income tax In 1896, Mr.. Stone said that
Mr.. Roosevelt had with blunt and almost
vulgar harshness criticised some of the
decisions Of the courts, and yet he re-
mains the very idol of the American peo-
pie. But" he said, "since the first cam
paign of Mr., Bryan, the republican party
had experienced a wonderful change in
the spirit Of its dreams"
what they denounced as almost treason
able then he said, they now applaud as
virtuous and patriotic"
Notice OF two amendments he will offer
TO the income tax resolution was given by
Senator Bailey, one providing that the
ratification of the proposed amendment be
by state conventions instead OF by state
legislatures and the other providing for a
graduated income tax. He desired to have
the ratification by state conventions as pro-
viding a more appropriate means for leg
islatlng the views of the people and took
occasion to say that II the proposed amend
ment was not adopted by three-fourths of
the states no one would live long enough
to see the supreme court OF the United
States reverse the doctrine 1t had an
nounced in the Pollock case.
BaiIey'A Amendment Killed.
Speeches by Senators McClaren, Borah,
Brown, Money and Bailey occupied the re-
mainder OF the time until l o'clock, when
the voting began. Before a vote was taken
the vice president ruled out OF order the
amendment of Senator Bristow for the
election of senators by popular vote, thus
bringing to the front Mr.. Bailey's amend
ment to refer the ratification Of the pro
posed amendment to state conventions in
stead OF in the legislatures. The amend
ment was rejected, 30 to 46.
Teh democratic senators generally voted
for the Bailey amendment and the repub-
leans generally against it, The exceptions
were Borah, Brostow, Clapp, Cummins,
Jones and La Toilette, republicans, who
voted for the Bailey provision, and Daniel
and Martin, democrats, who voted against
1t, BY unanimous consent, Mr.. Bailey
withdrew his amendment providing for "A
graduated income tax, saying he knew it
would be voted down ana ne did not wish
that fact to be oited in the United States