Evening star., 1941-06-01
Capital SideIights
By Will p. Kennedy.

That the oft-quoted aphorism of Chief
Justice Marshall-"The power to tax in
wolves the power to destroy"-is only a
half truth to be found in a disjointed
statement Is pertinently emphasized at
this time by Representative Martin F.
Smith of Washington. He points out
that new taX-revenue measure is be-
ing considered to finance the national
defense program I'VE are levying taxes
to defray the cost of protecting, main
tanning and preserving our Government
and institutions against all enemies,
foreign and domestic. Certainly there
could be no more proper exercise of
the taxing power vested in the Congress
under the Constitution than this verv
power-"the power to keep alive" He
quotes, in the interests of truth and his
torical accuracy. Marshal's statement
in the celebrated case of McCulloch
against Maryland, decided in 1919: That
the power to tax involves the power to
destroy; that the power to destroy may
defeat and nullify the power to Gre
ate But he also said in the imme-
NAoeN ScASSAef "AAdI 10 AlO" ulUSI SlRLllll-
cant-"The power to tax is the one great
power on which the whole national fabric
is based. 1t is not only the power to
destroy, but also the power to keep
alive"
Attention of the House members was
called during the past week to infrac-
tions of rules involving lack of decorum
in the House which for years have at
tracted the attention of visitors more
than anything else during their brief
visits. Representative George A. Dom
dero of Michigan, former Mayor of his
home town and member of the Board of
Education for 18 years, took up the
cause long espoused by former Repre-
sentative Robert Luce of Massachusetts,.
an international authority on parlia-
mentary law and author of five large
text book volumes on the history and
practice OF legislative proceedings. He
again raised questions regarding digni-
fled conduct in the House which have
been ruled upon successfully by the
most noted Speakers-the method of
addressing the Speaker, discourtesy of
debate in the we'll addressing a member
in the second person or by a given name,
smoking on the floor, walking across
the hall, reading newspapers in the
chamber, placing ones feet against the
seat in front. Mr.. Dondero called at
tention that this historic chamber is
one of the very few great arenas of free
debate still existing in the world-the
House of Commons of the American
people. A mighty Nation looks to those
who represent them here for that dig
nifty and decorum which is commensu-
rate with the vast power entrusted to us
by free people" In recent years
Speakers Garner and Rainey have ruled
that infractions of the rule dating back
to 1879 regarding the fixed method of
addressing the Speaker, as representing
the whole House, have been common.
Numerous historic precedents are found
in Kinds Precedents 1t is inter-
Colhls " iiOlC tlldl III cdCil The
Speaker himself interposed objection to
the offending members language. For
example. when Representative Joseph G.
Cannon addressed Representative Will
liam p. Hepburn as "you," instead of
"the gentleman from Iowa" Speaker
Thomas B. Reed called him to order.
When Mr.. Cannon himself became
Speaker he cautioned a member-"it is
not proper to refer to members except
in the usual way of the gentleman from
so-and-so." Representative Dondero
called particular attention to the strict
prohibition by rule against smoking in
the House chamber, which requires
strict enforcement" by the sergeant at
arms and doorkeeper. He also advocated
installation of individual desks and
chairs as an aid to more decorous and
dignified procedure-calling attention to
the fact that the present seats have been
in use so years-and present "funereal
appearance" ''
- -f-' -: