Evening star., 1924-10-28
PUBLICITY OF TAX
REPORTS IS ILLEGAL,
CABINET CONVINCED
Stone to Issue Statement
This Afternoon-Says He
and Mellon Agree.
DECLINES TO FORECAST
WHAT DECISION WILL BE
President Believes Law Must BE
Enforced, But Knows of No Rul-
ing Affecting Daily Press.

While there were intimations from
official circles today that the Govern
ment will decide that publication of
income tax records is illegal, the
muddle continued as confused as ever,
with the only definite promise in
sight a statement to be made by At
torney General Stone late this after
noon
The Attorney General attended a
cabinet meeting at the White House
this morning, at which the subject
was discussed. Afterward when asked
whether he and Secretary Mellon
agreed as to the legality of publica-
tion, the Attorney General replied
that they were in accord. Secretary
Mellon has expressed himself definite
~ of the opinion that publication is
unlawful
Law Must be Enforced
At the Department of Justice,
however, it was plainly emphasized
about noon that the Attorney General
did not intend to give out in advanc.
OF his statement late this afternoon
any indication as to what his de-
cision is. In fact the impression was
gained at the department that alb
solutely no definite intimations on
his decision one way or another had
been intended by the Attorney Cen
era1
White House officials said President
Coolidge was unaware of any decision
as to ruling for or against the
legality of publishing the returns in
newspapers. Mr.. Coolidge was said
to be of the opinion that Government
officers must enforce the law, but
that every one must be presumed in
nocent until proven guilty.
The publicity of income tax returns
occupied attention at the Cabinet
meeting it was learned. but how far the
discussion had extended or whether
it had included any consideration as
to the far-reaching effect the matter
has already attained, was not re-
vealed
Many Questions Involved.
The problem before the Attorney
General is complicated for 1t involves
the legality of the act of thousands
Of newspapers throughout the United
states in publishing income tax re-
turns. Eut more than simple queS-
tIoH between the two apparently con-
tlary provisions of the revenue law
is included.
Among the questions are these:
What was the intent of Congress in
leaving in the same revenue law the
two separate and apparently confus-
ing sections?
How far does the law authorize the
Secretary of the Treasury to go in
opening the lists for public inspec-
ton" and does such public inspec-
ton extend to newspapers?
If the law means that publication is
illegal, what course of procedure
should be taken against the thou
sands of newspapers which have printed
an aggregate of perhaps millions of
names and figures?
Unofficial opinions among legal au-
thorities of the city differ widely on
these questions.
May Press Test Cases.
Should the Attorney General de-
eide such publica ton is contrary to
the penalty provision of the revenue
law it is the thought by some au-
thorities that the simplest way to
try out the matter would be to pick
either one or few outstanding in
stances, and institute proceedings,
with view to making test cases
This could probably be expedited
so that the question could be de-
termined finally by the courts In
all probability it would be taken to
the Supreme Court, in hte opinion of
some authorities.
Should another less likely course be
pursued the Department of Justice
might send instructions to all district
attorneys throughout the country to
develop cases against newspapers in
their districts. This would be Il tre-
mendous undertaking, and is deemed
by well advised authorities as hardly
the likely course to be followed by
the Attorney General
Effect on Election Watched.
Already, however, some collectors
OF internal revenue at various points
have been taking precautions to pro-
tect themselves in case publca ton
should be held illegal. Some have re-
quired persons examining the lists to
sign notices to which have been af-
fixed the penalty provision of the law
Some have kept copies of news
papers to be used in the evidence.
Some have certified" newspapers to
their district attorneys as having
published the matter in dispute.
With election one week from today.
political forces bent their attention
with keenest interest on the outcome
of the mixup with a view to seeing
what effect it may have on the cleo
tion.
So complicated has the matter been,
however, that according to some OBJ
servers, the only definite result which
can be determined with any degree of
accuracy has been general reaction
against the publication. The public
seems to be in daze as to who is re-
sponsible for the thing to which the
preponderance of opinion strenuous