Evening journal., 1910-12-19
NEW NEWS OF YESTERDAY
An Argument That David B.
Hill Refused to Make
Nv aH0IIand.n
By "HOlland."

Now that David Bennett Hill, three
times governor of and one term United
States Senator from New York, has
passed away, it is possible to narrate
several incidents connected with his
career that have both historic import
ance and dramatic interest. They
have remained unchronicled hitherto
because of Governor Hills policy Of
complete silence in all things political
relating to himself, a policy that one
of the staunchest friends Governor
Hill ever had-Judge Alton B. Parker
declared recently caused much un-
necessary criticism to be heaped upon
its author.
In 1894 the House of Representa-
tives passed the tariff bill now his
torically known as the Wilson bill. It
contained a clause providing for the
levying of an income tax without do
ing that in accordance with the CEN
sus; that is to say, in proportion to
the population of each state. Senator
Hill regarded this clause of the in
come tax as not only unconstitutional.
because the Constitution provides that
an income tax must be levied accord
ing to the census, but, In addition, he
levied and collected the tendency
would be seriously to threaten the
equality Of the states in thei9 repre-
sentation in their federal Senate.
Senator Hill therefore prepared
speech which has now gone upon
record as one of the ablest of all -he
speeches delivered in the Senate since
the time of the Civil War. In this
h. 81. IL
his Democrtic associates. and the
Senate passed the Wilson bill, much
amended, but with the original income
tax clause unchanged This was the
tariff bill which President Cleveland
refused to sign, characterizing it, as a
bill Of perfidy and dishonor.
After the bill had become law. 1t
was determined TO make a speedy
test of the cOnstitutionality of the in
come tax clause, and when those who
had united to forward this important
judicial proceeding consulted as 70
who, among the lawyers of the United
States, could make the ablest argu-
ment before the Supreme Court, all
were of the opinion that Senator Hill
was the man. The Senator was there
fore approached, and asked, practical
lily in these words, whether he would
accept a retainer to argue the case.
Senator. we have unanimously
agreed that you, better than any othe.
lawyer of whom we have knowledge,
would make a convincing argument
before the Supreme Court. We have
therefore decided to ask you to accept
retainer simply to make that a gu
.asA a4aI ..fF -
you a retainer of five thousand dol
lars"
For some moments the Senator was
silent He seemed to be considering
the proposition from all sides. At
last he said:
Il should greatly like to make it
without a retainer; ] regard the sub
ject as of vital consequence. But it
does not seem to me as though It
would be square with my view of the
ethics of Senatorial service If / were
to accept your retainer | made my
appeal as a Senator to my colleagues
in the Senate. 1 spoke with earnest
ness and in all sincerity. A majority
Of the Senate. however, disagreed with
me. Now, If /, having been defeated
in the Senate, were to make an argu-
ment before the Supreme Court upon
this issue, It would seem as though,
having been defeated in the Senate,
at once resorted to the Supreme Court.
No. | do not think that l would be
justified in accepting this retainer, al
though | say again that / should
greatly like to make the arguemnt"
After this refusal the party sought
= other counsel, who argued the case
before the Supreme Court, and won il.
And when the opinion was read II was
discovered that It practically adopted
the line of argument made by Hill in
the Federal eSnate.
Copyright. 1910 by e. J. Edwards,
All rights reserved)
Tomorrow Mr.. Edwards will tell OF
"The True Story of a Famous POlitl.
cal Plunder.'