The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-15
PROV WHATE.E R sOs nor BE-
RIVED"

concurrent -s.-ohItion WAS presented last
week Ia zach House to ralify the income
Tax amendment oG the Constitution pro-
;-r.s-si by C0n gre~s. zach n.''n's-r % the
Is-gi-lsiiirs must. unless tho resolution u
aid aside without voting thereon, decide
for hin-rlf and ni@ constituents whether
or not the PROPOSED amendment "a unfit
80 i.e~nTne = part &c the TssieTal Constitn-
ton because ambiguous. esTiivOcsl, OBJ
-c'Ire unintelligibls and uncertain in It's
language The Amendment reads
Nui-,s Nv -Ths Coazress mail have power
% 10 ana ooiieri taIes On incomes. FROM What
s,sr source derived. ~Itbsu' sppo,tIOnnen,
among ne several states snd siihoIt TeGard 20
am enumeration
The Governor of the State cent 20 6pth
hou--~ ~ the Legislature on January 5
formal and official special message
that the proposed amendment will tn Use
the language ~ senator Root
"oafer upos the national Gov erunsat the psN Or
70 tAA incomes derived iroun bonds tssued by too
Siats- or under the authority Of N. states aad
StR place tho bOrroSiA9 cacarity ~ ire state
ant its governmental aGoncie, ~ the Hsrcv ~
the Federai taAing poWeT
After morn than six weeks elaboration
senator Root on January % wrots from
the senate chambsr in Washington to
senator Davenport. IN she Senate cham
her In this city letter giving IT great
length the reAsons why. much 40 he af-
firmsd that he respected the opinion 81
the Governor 20 the STATE he cannot con-
cIr IN his INTERPRETATION % the proposed
amendment
The Disagreement and dispute between
the two comhatants turn on the interprs-
tation and meaning Il the WORKS from
whatever source derived
The difference between them IL rs..en-
tial. radical. intrinsic and complete Tho
two consi ruings. rendering-. eNpounding-
sxplnininSs, ~lucictatinRs, Interpreting
~ whatever name described. cannot stand
together. One In RICH, and the other -
wrong. One u true AMI the other - falls.
The high Official and professional
standing of both disputants the large
experience and great eminencs - both
a. members II thu bar ~ New York
and the fact that they are members 81
the same political party in the StatH and
for the present. II the same group % that
party give % their opinions respecting
the proposed amendment q predomi-
s=nos and Importance which their opin-
second rate lawyers OF no lawyers at all
OF " one was Republican and the other
not. or u one was -insursent- and dis
obedient, in Republican partisan nomen-
clatire. and the other submissive and
obeeiient, or II one were and the other
were not susceptible 10 -tirs- in ofBcial
service.
The disagreement between theae erni-
nent officials over tina words from what e
ever source derived directly concerns
taxation In New York and the price at
which the Stale, its cities. counties and
towns can sell stocks OF bonds in the
markets Of the world. The proposed
amendment infUenoed very likely tho
high rate which Ia its new honds Greater
New York has recently heen compelk a
10 ofer for the use oT needed money
II was the osticiai duty ii the Governor
70 declare his opinion and warning IN
the Legislature In ~ vital a matter a.
- nation by Congress % the "instrIn.en-
talities" of the state.
member of The Legislature may side
with the Governor. % with the senator,
In reSpect to the trus uaeaning u -frOm
whatever source derived He may think
that the words whatever source speak
for themselves and do not need inter
prstation. He may come To tho conclu-
sion for himssk that ths ordinary mean
ing 81 the phrase. n the amendment ahall
~ ratified. viii no changed into q special
meaning and coutrolle,t by other clauses
in the Constitution. OF by something
the Supreme Court decided. under the
Constitution ~ u was. regarding n nation
All that win not oblit@rate tho fact that
the propoeed amsndment " ~ ambiguous
and sqtIivoral that Mr. Hughes and Mr.
Root cannot agree a. In tn nssaninG
II In improbable and even incredibls
that tho Legislature NJ New York will
after s'Ich . warning from two such men
vote tn put an amendment. - fault v
IN language and obscure in uneaning
causs ~ ENDLESS dispute hereafter.
into a document whose matnhle-a woTvi-
ing and style had the revision ~ Gouver.
nsur Morris.
II IL felt here that u can hut ~ that
The thing will he returned 20 the Wash
ington oven whence IL came. and -
turned % be rehaked and better baked
ont ~ better paste. N sver reproduced.
ALBANT. March ~. y