Watertown leader. [volume] (Watertown, Jefferson County, Wis.) 1909-1911, 1911-06-09
One of the Peculiar Features of
Standard Oil Decision.
WHITE HOUSE RACE GOSSIP
denomination of President by De.
fault Practically Conceded-Hu-
NOR Found in the Conaresson-
al Record-Senate Poorer
but Younger.
BY WILLIS j. ABBOT.


and bar The most famous case was
that of the income tax, which has been
declared constitutional and unconstitu-
honal by the same court, though with
different members sitting. The deci-
sion against it's constitutionality, by
the way, was reached because one Of
the justices changed his mind over
night This seeming vacillation on
the part of the highest court in the
land, the most dignified tribunal in
the world" it's idolators like to call it.
Is not without it's compensations. It
shows that the justices are but human,
after all, not gods sitting ON high
Olympus clothed in omniscience. They
are SO human that close observers In
washington think the present court
would declare the income tax constitu-
tional if it could be brought be-
fore it.
only five more states are necessary
to make the income tax constitutional
Perhaps this evidence Of it's popular
1ty has something to do with the re-
ported attitude of the court It was
rather more than ten years ago that
the sagacious Mr.. Dooley laid down
to Hennessy this incontrovertible prop
osition: Il dunno whether the consti-
tuition follers the flag, but tn 500
preme coort does foller tn iIliction re-
turns"
Court Reverses President.
Just at present Washington is won
dering whether the joke is on Presi-
dent Taft or the court, for the jur-
lists have fatty reversed the president,
to whom so many of them owe their
seats, on the question of reading into
the Sherman antitrust law the word
unreasonable" In January. 1910,
president Taft launched at congress a
special message On antitrust and in
terstate commerce legislation. Though
here at the time, l do not recall that
the message created any wild excite
ment then. Today it is the most gen.
orally sought pamphlet in the docu-
ment room. From it's exhaustive sur
vey of antitrust legislation | Gull
these passages:
The Supreme court in several of it's
decisions has declined to read into the
statute the word unreasonable be-
fore restraint Of trade on the
ground that the statute applies to all
restraints and does not intend to
leave to the court the discretion to
determine what is a reasonable re-
straint of trade 1t has been
proposed, however, that the word
reasonable should be made mart
OF the statute, and then that it
should be left to the court to saw
what is reasonable restraint of
trade, but what is reasonable SUD-
preston OF competition, what is
reasonable monopoly. / venture to
think that this is to put into the hands
OF the court a power impossible to ex
erclse on any consistent principle
which Will insure the uniformity of de-
c1slon essential to just Judgment. It
Is TO thrust upon the courts a burden
that they have no precedents TO on.
able them to carry, and to give them
power approaching the arbitrary the
ABUSE OF which might involve our
whole judicial system in disaster"
And now. alas, the court has done
just what the president applauded #
for declining to do in the past II
has read into the law the word "un-
reasonable which congress and the
president refused to put there. II
has thrust upon the courts thar b,,r
den which the president thought 1S
months ago was too heavy for them
to carry. In a speech only day or
TWO ago he declared the courts did
not have enough power Washington
wonders whether he thinks so still.
Taft by Default" the Sentiment
When action lags in senate and
house, political Washington turns TO
the discussion of presidential POSSIBLE
tues. Ilis is particularly true lust
now when the lines are being formed
for and against candidates of either
party
In the Republican party there seems
70 De general resignation to the idea
OF the denomination Of Taft "Resig-
nation is the only word to express
the attitude Of the party's representa-
t1ves here. There is neither hearty
enthusiasm for him, nor yet a healthy
opposition. One might think that the
insurgents whom Taft fought and who
fought him might put up lively fight
In the Republican convention. But
there is no indication that they will
do it. Certainly they show no signs
of organizing to that end. l talked
recently to one of the most widely
known insurgents in the house. He
was just starting for New York to
call on Roosevelt.
Il see that Roosevelt has written
to friends in Nebraska" l said, by
way OF small talk, ''that the mention
OF his name for the presidency is
most embarrassing to him and he
begs it may be stopped. y
Well, he has to write something
Of that sort to remind the people he