Omaha daily bee., 1910-02-11

Now the scheme and plan is to defeat
the amendment Having as a law-making
body solemnly accepted this construction
OF the constitution, thereby making II i'm
practicable again to appeal to the court, II
this amendment can be defeated, this, the
government of the people, for the people
and by the people, will stand alone among
all the civilized nations of the earth shorn
of tho power to tax thai form of wealth
best able to bear the burdens of govern
ment.
That is the scheme and plan, and such
men as the great governor Of New York
is giving them great aid and comfort. Men
say with great fervor Of patriotism, I am
In favor Of this power being given to the
government to be used at least in time Of
war; and straightway proceed to help de-
feat the amendment. II those who are the
real enemies OF this measure would come
into the open It's friends could deal with
them far more successfully.
Mr.. President, no one ever saw this
country in just the condition It is today.
Never since this government was launched
has there been such a restless spirit among
the great mass of the people, such ugly
questioning, such persistent inquiry. No
part Of the government seems to escape
challenge or criticism, and it is fast be-
coming popular to scott at the constitution
itself, An unquiet, dissatisfied, suspicious
public mind is the public mind Of today.
Sees Defeat for Amendment.
you can defeat this amendment. In
view Of the class Of men who are Joining
the crusade against 1t I think you will de-
feat it. The forces which propose to en-
compass its defeat viii not stop on the
hither side of the most dlsreputable meth
DDS to accomplish their purpose. But
when the people learn what you have really
done, the manner in which this has been
manipulated. 1t will go far toward excit-
ing to renewed force that feeling Of wrath.
Of class hatred already too strong among
us. 1t will do much to foster dIsrespect
for and breed disloyalty to the govern
ment. When those who are i'll able to
meet the burdensi of government see its
enormous expenditures continue to in
crease larger armies and larger navies,
Increased urdensslevhrywhere, and learn
furthermore thai all this must be met by
a tax on consumption while incomes
which sustain luxury and breed idleness
and idiocy go untAxed they will have little
mercy with you In the hour In which you
must plead with them against radical
81 N"N 6ONVA AAACAAN L uO nOL KNOW
how long we can Zeal with a patient peo-
pie in this way. But, I venture to prophesy,
not much longer.
II hope, therefore. the governors and lests-
latures of this country will be brave
enough to do their duty in this matter. It
is TIM the people in this broad land be-
stir themselves upon this vital question
before 1t is too late to do so. It would be
nothing LESS than a catastrophe IL this
amendment should be defeated. If we are
going also to be cut off from an appeal to
the court, This is In every sense the peo-
pies fight"
onclusiOn of Senator Rornh.
Senator Borah outlined his conclusions
as follows:
l. That the proposed amendment adds
nothing to the taxing power of the ma
tional government, This power was COM
plete, unfettered, plenary, before. 1t can
be no more than that should the proposed
amendment be adopted.
2. The proposed amendment does not deal
or propose to deal with the question of
power which is already complete, but
simply with the manner and method Of its
exercise and use of that power.
8 No one has ever questioned the power
or the national government to lay an in
come tax, for as was said by Justice
White. the question has always been
whether an admittedly unlimited power
to tax has been used according to the in
struction as 70 method" and II was 10
remedy the method alone that the amend
ment was substituted.
4. The words from whatever source"
add nothing TO the force of the amend
ment. 1t would, I'm constitutional parlance
be just the same n It said ito lay and col
lect taxes on incomes without apportion-
ment," for who could then say that YOU
would not have the right to lay taxes upon
all incomes. The present taxing power
would not be a particle stronger If II said
to lay and collect taxes upon all property
from whatever source.
.. To construe the proposed amendment
so as to enable us to tax the Instrumental
tiles OF the state would do violence to the
rules laid down by the supreme court for
100 years, wrench the whole institution from
its harmonious proportions and destroy the
object and purpose for which the whole
instrument was framed.
G. To c~onstrue It to cover those In
comes from sources within the Jurisdiction
and control of the sovereignty aging the
tax is 10 construe It in harmony with the
principles given us by Marshall and fol-
lowed from that hour to this.
senator Brown WIN Speak.
At the conclusion OF Mr.. Borah's speech
Senator Brown requested that the ques-
ton lie on the table in order that he
might have an opportunity to speak on II.
He said he hoped the amendment would
be favorably acted upon By the states re-
CARELESS Of its effect upon the salaries
Of state officers and state securities. He
thought that the fact that the amendment
makes no exception in favor OF anycne
might commend It TO the public and he
expressed the opinion that the amendment
would be accepted.
PILES CURED IN 9 Tt IA DAYS.