New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-01
THE DAvINWASHINGTOW

, hold hearings affords fairly reasonable
excuse for deferring action at this time
and Il Is hoped that some other, at ieas'
| equally as good, can be devised before con-
/ gress meets again.
! POOR JUDGES.-Every one III whose
veins flows any Of the milk Of human KIM
ness will be moved to compassion TOT 'he
poor justices OF the Supreme Court whose
summer rest will be so ruthlessly disturbed
| when they learn that they are to be de-
prived Of employment as result OF ,he
measure proposed by Victor Berger, the
one and only Socialist member of Congress
/ Mr. Berger proposes an old age pension
scheme, a proposition not novel, al pas'
| in England. but the interesting ana III
portant feature of his bill Is the proNisioh
| that the exercise of jurisdiction py any
| of the federal courts upon the NahuItS VI
| this act Is hereby expressly forpluueH
tdr. Berger regards this as the cro"hine
| glory of his bill. lie explains thaI 1t -
/ quite possible that some of the captains
tic Supreme Court justices might pro-
nounce his measure unconsutuuonal' puV
| he is convinced that by TINS Simple W.
vice. which prohibits the courts from uh-
dertaking to pass on the consttu'oiai'S
Of tho measure all trouble can be avoided.
The suggestion that he may be set'ihs II
/ bad example 10 other legislators ana tilaI
sooner or later the Supreme court JUS
tices might be deprived OF all empioS i"e''
| presents no obstacle to Mr.. Berger VIM
regards that tribunal as only an incubus
! without which the nation would pe pette'
: off.
LESS CRUEL-Probab;y Representative
Perger's proposition &c deprive the Juus,s
of their vocations is less cruel thah "ou'u
be the adoption Of the recall In adVocac! VI
which Senator owen electrified the sen
ate-or so much of II as could not escape
to-day. Senator Sutherland, who stouliS
orposes not only the recall, but the lilltid-
tive and the referendum as WELL pointed
ont to-day 10 what dire straits perfectly
good fudge might be reduced by the adop-
ton Of the recall. I'm oregon, said MI'
sutherland. the friends of man whose
alleged murderer was acquitted decided
that the presiding judges charge TO 'he
Jury was not good law. Accordingly they
invoked the recall and soon the people Oh
Oregon, by popular vote, are 10 pass upo"
the nice questions of law involved IN 'he
judicial charge. Now suppose the man hao
been convicted. that an appeal had peeh
taken to the Supreme Court OF the sld'e
ard that, at the same time, the recaI hau
heen successfully invoked new Judge
beine elected, but that after his electoh
tho S,jureme Court found the charge To be
good law and remanded the case with in
etructions 10 the new Judge 20 charge as
had his predecessor. The newly elected
Judge would then be confronted on the one
hand by the knowledge that if he construed
the law as directed by the Supreme court
no would be promptly recalled, ana on the
,tber bv the knowledge that II he failed
"a obey the mandate of the Supreme Court
he would doubtless be impeached. IL
would seem. therefore, that Mr.. Berger
way is kinder IT would relieve the judi
ciarv of all responsibility, instead Of rend-
ing it by the conflicting mandates OF SUI
Irene Courts and the popular viii
UNHAPPY WISCONSIN.--The sad plight
Of the people of Wisconsin came 10 lisnt
only to-day when the Commissioner OF Cor
porstions made public the third part of the
renort on state taxation of corporations.
According to this report Wisconsin raises
n per cent of it's state taxes from corpo-
rations. much more than any other state.
TO the unenlightened this might seem a
lust and proper situation, aud some
tboughtless ones there may he who viii
suggest that credit for this situation should
he given n Senator La Toilette. But the
fact is that this is sad, q most deplora-
bic condition Of affairs, for which state
meut Senator Ia Toilette IS himself the au-
tbority Scarcely week ago, discussing
President Taft's part IN obtaining the adop-
ton - federal corporation tax, Senator
/ La Toilette said 10 the Senate: These Sena-
/ tors Uhe stand-patterS' knew what Aldrich
and the President knew-that every cor
poration would add the corporation tax 10
the fixed charges Of the business and exact
, from the public. through increased rates
and prices, every dollar paid as n tax TO
/ the government Tax corporations indeed!
/ IT was an added tax upon the people II
was a tax which the corpora tons could and
! did shift TO their customers-the public. It
was a 1T amendment 10 come from the
| Senator from Rhode Island. lie was al
ways frank and open I'm support of mea-
surcs Of like character. II was sir suit
able provision 10 he coupled with the
! Payne-Aldrlch tariff bill It harmonized
with its whole plan. It Increased the bur
dens upon the people. IT added betrayal TO
! betrayal 6. G. II.