The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-07-06
Day Is Devoted to Consid3ra-
ton Of, Tlr.f Gill
RAYNER is CRITICAL
Maryland Senator Takes Up Customs
Court Featuere of Tariff Bill
and Brings About Some
Change in Salaries.

Washington, July 5.-The Fourth of
July" was the Senate's busy day From
10 o'clock in the morning until DDS
In the afternoon the senators labored.
The day was devoted in the main -
the consideration of the administrative
provisions of the bill and to the Brown
resolution providing for the sunnis-
sion of the question of income tax to
the legislatures of the various states.
which, while not part of the bill. Is
related to 1t as to have made it neces
sary to consider it in connection with
the bill.
The best fight of the day was made
court feature of the administrative
amcndement
He undertook to puncture the pro
vision and he made a long speech In
Which ne set forth with much emphasis
the declaration that the court would
be found to be unconstitutional be-
cause. while dealing with questions at
trial by jury which lie said every suit
or under the common law has a light
to demand He sharply criticised Mr.
Aldrich, whom he frequently reminded
that he was not a lawyer and coulG
not be expected to understand the legal
end the constitutional questions.
The provisions was defended by a
number of republican lawyers, out MI.
Root anid lie had not favored the ere-
alton of the col1t.
Members of Court.
The proposed court is to consist of
five numbers and it is INTENDED TO
surerccde he United States circuit
courts in cuaio onis matters
Not since the tariff bill has co ne into
the Senate had so much been accom-
plished within day. Indeed, when
the sitting came to an end, a sum
1rary Of the proceedings showed that
there was very little left to be i)ne.
The principal item still to be co,,,I
cred was the tobacco tax, the figures
on which had not been completed by
the committee when the Senate ad-
journed
Attention was given to the drawback
feature of the BILL relative to which the
finance committee made no recommen.
dation beyond striking out the House
provision which would have the effect
of throwing the whole question into
conference. In the Senate. however.
several amendments were made, some
of which were permitted, 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 administrative
features disposed of.
Income Tax Measure.
Early in the day the income tax resolu-
tion of Senator Brown of Nebraska was
adopted. The resolution submits to the
legislatures of the states an amendment
to the national constitution, proviuilg g
that the Congress shall have power TO
lay and collect taxes on incomes, from
whatever source derived, without appor-
tionment among the several states and
without regard to any census or enumer-
ation.'
There was -three-hour's debate over
this measure. the principal contest being
over an amendment by Senator Bailey
tions in the states instead of the various
state legislatures. The amendment was
defeated, the division being largely along
party lines. The Brown amendment was
adopted unanimously.
Senator Aldrch hopes to have the bill
pass tomorrow from committee of the
whole to the Senate.
The tobacco schedule will probably pro-
woke considerable debate and the chair
n1if ma In
disappointed. Consideration of the bill is,
however, near its finish in the Senate.
Raynor Attacks Court.
Senator Rayner vigorously attacked the
validity of the provision for customs
court on the ground that 1t did not pro-
vide for a Jury trial. He insisted there
should be some provision for an appeal
from this court. He declared that under
the constitution 1t was impossibls to de-
prive suitor at common law of jury
trial on question of fact. Having been
Informed that the matter had been favor
ably passed upon by the cabinet, he
asked
What does the Secretary Of the Navy
or the Secretary of Agriculture know
about constitutional questions?'
Commenting upon the denial by the SEN
ator from Rhode Island of his contention
that a jury trial should be provided, Mr.
Rayner INDUCED In tart criticism of Mr..
Aldrich.
THE senator from Rhode Island" he
said. cannot pass upon this question be-
cause he knows nothing about it. He
knows q many great things, but he know<
nothing about this
Mr.. Aldrich explained that the act Gre
ating the customs court had been framed
after discussion with the President the
Secretary of State the Attorney General
and members of the biard Of appraisers,
and said he had confidence in their opin.
ions. He declared the provision had been
approved by the members of the finance
committee.
Civil Proceedings.
From the civil proceedings involved In
the customs court, Mr.. Rayner said GRIM