Omaha daily bee., 1910-01-30

Ii cannot be ignored either by the people
or congress.
In this case the judgment of the court
was that congress had no power to tax
incomes. Surely congress would not be
justified in passing another law of the
same character and import in the face Of
that judgment, at least not without at the
same time making an effort to amend the
constitution SO as to confer on congress
such power. And If 1t did 30. the people
would have a right to question its good
faith, Who contends that congress should
ever do what the supreme court OF the
United States holds Il cannot do? The
strength of our form of government lies
in the plan of it's distribution of powers,
legislative, executive and iudicial-the three
coordinate branches of go-vernment-each
supreme in its field. Under this plan the
power Of the judiciary is supreme in de-
termining the constitutionality OF a law.
Under this plan the legislative branch Is
supreme In determining what laws shall
be enacted in the first instance; but when
enacted, 1t is wholly and exclusively within
the power OF the judiciary to interpret and
construe them; to sustain or set them
aside, If in the judgment of the court they
o~ontravene any of the provisions Of the
constitution,
The court having been clothed by the
people with authority under the constitu-
ton to say what congress can or cannot
do, and having spoken on the subject. the
people are driven to amend the constitu-
ton. the only remedy they have.
DEMAND of he People.
The people demanded the ratification OF
the amendment, in the first place, because
they insist tina their government shall
have all the rights, powers and preroga'
tives as a government that are enjoyed
by every other sovereign nation. The
power of taXation-a power exercised By
every full-grown government-ls a sover'
eign attribute. If the right to tax incomes
is enied the right of taxation Is Impaired
No nation could exist for any length Of
time IL the power OF taXtion Is taken en-
tirely away. II it is partly taken away
its life is jeopardized that far. The pur
pose of this amendment is to restore be
yond dispute that power. This republic
should be a nation shorn of no attribut'
nor prerogative incident to national SOW
ereignty,
There is another reason why the amend
ment should be ratified. No man can tel
how soon this country may be in need o
the revenue which could be obtained onl!
by a tax on incomes. We have learne'
from experience that at one time at leas
in this country the nation depended on al
income tax for its life. While today Their
may be no such emergency, we have n
assurance that it may not again arise
Should 1t ever come, who cares to be re
sponsible for Withholding a power fror
the government which may be necessar,
for its existence? "
Effect ON States.
The only point so far made against tn
; amendments is that 1t might, in some mys
terious way, weaken the states. Just hoy
IL could impair the strength of any stat
, is not made clear by those who raise thi
objection. If it is thought that the fed
{ eral government might tax the state on
, of its existence, the answer is, It did nc
> nave that effect or even tendency whe
incomes were taxed. The last effecty
t income tax law in this country was l
force during the sixties. 1t had the OF
! posite effect then, for it not only kept a
1 Of the states in existence, but IL helped I
bring a few of them back into the unioI
The federal government could not Ia
the states out of existence without endln
? its oWn; for without the states 70 supper
D it, there is no union TO be supported. i
Z destroy the state is TO destroy the republic
= The point is not well taken, The fear
5 wholly g%roundless. The rights OF IN
states as they exist today will not be In
paired, nor will a single state In the unto
: suffer, by reason of the amendment Bt
with the amendment ratified, they WI
$ continue TO grow richer and stronger Ell
e toying that security and Independence II
. cldent to their membership In a unto
Z clothed with constitutional powers to man
tain a foremost position among the world
greatest nations.
IT A Bachelors reflections
Charity appeals TO most men as strongl
, as taxes. -
= People are awful bold liars 10 tell thS'
4 thev nave heen Waiting what q good TIN