The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-05-13
The
SUPREME
COURT
AND HOW
Il IT WORKS
Guarding Personal Rights
By ROBERT MERRILL

he OupIellle COuIL udS HnO-
i tected citizens not only from
unfair treatment on the part of
the federal government, but
also from being deprived of
Constitutional rights by the gov
ernments of their own states.
An act of legislature which dis
eliminates unfairly against a cit
izen violates his rights under the
Constitution.
The government must not only
treat him fairly, but must treat him
in the same manner in which 1t
treats other persons under similar
conditions.
On frequent occasions citizens
have appealed to the court and
asked:
''Why should the law of my state
impose hardships upon me which 1t
does not impose upon other people?
Isn't this discrimination against
me, and a violation of my right to
the due process of law guaranteed
by the Constitution of the United
States?"
Matrimonial Rights.
When such question IS brought
before it, the court studies the case
and, if it decides the petitioner IS
right, assures the protection sought.
For example:
At one time, in the eyes Of the
law, husband and wife were regard
ed as one person-the husband. To-
day, however, a married woman
may enter into contracts, and may
own and enjoy her own property.
Some years ago state attempted
to impose on one of its citizens an
income tax which was calculated
upon the combined incomes of the
citizen and his wife. Because of the
graduated scale of taxation, the
amount of tax claimed was greater
than it would have been had the in
dividual incomes of husband and
wife been separately taxed.
The husband believed this unfair,
and appealed to the Supreme court
of the United States. He pointed out
that under the laws of the state
he had no control over his wife'S
property or income, and held that,
therefore, it was unjust for the state
to impose taxe~ for them upon him.
The court heard his case, agreed
with his contention, and gave the
relief for which he asked, declaring
the exaction arbitrary and denial
of due process.
Newspapers Unfairly Taxed.
eve have no Goubt," explained
the opinion, ''that because of the
fundamental conceptions which I'M
derlie our system, any attempt by
a state to measure the tax on one
persons property or income by ref
erence to the property or income OF
another is contrary to due process
of law as guaranteed by the 18th
Amendment. That which is not in
fact the taxpayers income cannot
be made such by calling it income"
In a more recent case a state
law was passed imposing tax upon
the advertising income Of all news
papers in the state with circulation
of over 10000 week. Since this af-
fected only the larger publications,
they protested that they were being
treated unfairly. They held that
while the state had power to i'm
pose taxes, it had no right to tax
some newspapers and not others, I'm
less there was some reasonable
ground on which they could be diff
ferently classified.
The suit was carried to the Su-
preme court of the United States.
The court heard the newspapers
appeal and decided in their favor.
The court, in its opinion, referred
to an untrammelled press as ga
vital source of public information.
1t pointed out that the case went to
'the heart of the natural right of
the members of an organized So
ciety, united for their common good,
to impart and acquire information
about their common interests"
Freedom of the Press.
"The LIST Amendment to the Fed
eral Constitution, the opinion ex-
planned, provides that Congress
shall make no law abridging
the freedom of speech, or of the
press > While this provision is
not restraint upon the powers of
the states, the states are precluded
from abridging the freedom of
speech or of the press by force Of
the due process clause of the 14th
Amendment"
GA free press" it added, islands
as one of the great interpreters be-
tween the Government and the peo-
pie. To allow it to be fettered is to
fetter ourselves"
In this way does our national UNI
pire insist that the rules laid down
by the people in the United States
Constitution be observed not only by
the federal government but by all
state governments as well.
g Western Newspaper Union.