Judicial Interpretation of Political Theory a Study in the Relation of the Cour

Cover Judicial Interpretation of Political Theory a Study in the Relation of the Cour
Judicial Interpretation of Political Theory a Study in the Relation of the Cour
William Bennett Bizzell
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If it were derived from production, its effects would be those of an excise. Against this subtle reason- ing, shaped to sustain an object, there remains the simple fact that an income tax, a tax of its own order with its own results, has been repeatedly recognized, and was able, in a high degree, to subserve the public welfare. " A similar view was held by Senator Bailey of Texas. He introduced an amendment to the Paine Tariff Bill in the form of an income tax which he believed would be upheld ...by the courts, should the amendment have been incorporated in the bill and passed by Congress. Senator Bailey, in a notable speech delivered in the United States Senate on April 26 and 27, 1909, Theory of an Income Tax 195 laid much stress on the soundness of the opinion in the Hylton and Springer cases, and contended that the second opinion in the Pollock case, which went so far as to declare that a tax on personal property was a direct tax and therefore unconstitu- tional, was, not only in conflict with the Springer case, but that it was in hopeless conflict with the first opinion in the Pollock case.

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