AMERICA. 



taxation on the int.: m operates on 



row I * fore it i exercise* 



h* A MMitilile inrturiier ui t: :. ami 



therefore such a tax tl.- p 



the States And their instrumentaliti' 

 m <>ne N c.juei.tly repugnant to th 



II. On III.- i|Uetioil whether 111.' whole 



.nsiitutional. no opinion wa- then 



fjrpnssed, the court i-i!^- equally divided, .lu-- 



M Hot IN [) -.-nting 



..pinions won- delivered l-\ Whitr and 



llnrhin. al- ' u ''" lirl 'l ' 



null ami void. A petition for a 

 rehearing was allowed, and the cam* wen 



li. an. I \v> 



May v pinion of the courl WSS de- 



livered l-y ( hief-.lu-tice Kuller. declaring the 

 whole act' unconstitutional on the ground that 

 the tax was a duvet tax. and was not laid l.\ 

 apportionment a> required l.y the Const it u- 

 ti<>n. .hi-ticcs Marian. Un-wii. .Jackson, and 

 White each deli\ uion. -how- 



ing that the court had sttod 5 to 4 against 

 the la. Tin- deci- "1 the (iovern- 



f about $30.000,- 



000 annually. It overrules a dc.-i-ion of the 

 tame court 'in tin- ca.se of Spr I'nited 



State* (1H-MO), affirm ing the constitutionality of 

 the previous M; ..w. In that case the 



income tax was held in a unanimous opinion to 

 ad of a direct tax and con- 

 stitutional. Congress having power to lay and 

 -.ll<-. the only restriction upon its 



in this regard bang that they shall be 

 uniform through -.-it the I nit.-.l States. 



aggregate amount collected under the 

 previous income of .Inly 1. 



1868, and subsequent amendatory acts which e\- 



y limitation Dec. Hi, 1H71) was $346,967,- 

 388.12. The largest amount collected in any 

 one rear was $72,982.1 '. . No in 



tax laws were passed by Congress prior to the 



war. 

 (Meomargartrtf COM. The case of PI urn lev vs. 



- . : I. .1 !.<. lo. is;,}, involved 

 the constitutionality of the statute of Ma acliu- 

 prohibtts the s^ile of ole'.marLrarine 

 made in imitation of yrllow l.utt. r produced 

 from unadulterated milk or en-am, in its appli- 

 cation to sales of oleomargarine in original 

 packages brought into Massachusetts from oth, r 

 tiUtea. It watt held that the prohibition in ques- 

 int. rf.-re with the freedom of eom- 

 e -e\-rnl States, and was not re- 

 pugnant to the (,'on-titution. A disscntini; ..pin- 

 . Chief-.l .-: e Kufier, in 

 which Joi4ices Field and !urr..l. 



Thf ,SA^rm*ifi Anlitru*! Act. This art was 

 eonlnml in the case <f I'nited St;r 



nitfht (*.itn|iAiiy, which was decided .Ian. 'Jl. 



I^V The- action wa* brought l.y th. I'nit.d 



" th- nr ,he eastern .lis- 



.. ; ;- known 



Suirmr Tnwt," It was unsuccessful in 



*m. nl attain in th- <'ircuit Court of 



lh<? t*? ^upn-im- Court 



.dismissing 



be cotm held that the act of < 



titled "An Act to protect 

 JMwnw against unlawful restr 

 and oxmopolkV known as - the Sherman Anti- 



tru-t act "which denoir Mlracl. 



combination in the form of tru-t r oil.' 

 or eon-pirac\ in n-traint ..f trade or eon 

 a moii. :: tin- several State-* ( ,r \\ it h |,,r,-i-n n.. 

 and pn-scrilto punishment** ami remnli, 

 no application t,. -u< -h a eomliinat i<m or i, 

 oly ah the Su^'ar Tru-t. liecaiiM- t hat coin). 

 or inoiiopi.: , .i |.rimarily in mann' 



id only M-eondarily in selling: that . 

 iiiation to control the manufueturii 

 ticular arli. 1.- can not I.,- a eomlijn.. 

 st mint of i: 



the p. DgVem I" regulate. Iml i^ 



a matter of doiii,-tic e,,|,,-rrn. -ul.j.-ct 

 polic. the States, .histi.-,- llai : 



scllted. 



.M-. which vi 



I he court . 

 I'he -lit, : 

 in the county jail for lerm> \ar\ in_ 



mouths, i m POM -.1 on 



three other |.cr-on> for contempt in di^. 

 the orders of injunction issued liy the . 

 court at Chicago during thc-n-at railroad 

 in .luly. l v u|iheld. and princip 



.irreat importance were estaldishcd. The juris- 

 diction of the court and cnf..i 

 junetion- a^'ain-l interference with ini. 

 commerce and the passage of the mails wa 

 maintained. The circuit court having h. 

 risdiction m the <-ase. it was held th. 

 was not ..pen to review \<\ the Suj.n-: 



< 'Jiim-w / In 1 he ca-e o) ! 



8. Tnited - ded May 



court aflirmed the decision of the court 

 in denying a writ of /HI/H-H* rnr/nis ap|'l; 

 by a Chinese merchant in ^an |-'ranci-<- 

 made a \ i-it to his native land, ami 

 admission into the United state- on i,j. return. 

 The constitutionality of the Chine- 

 act was reaffirmed, a'nd it was held that under 

 the act of AUL'. 1 s . I^.M. th.- e,,urt- had i 

 thority to review the deei-ion of tL 

 olVicers of the Government in exclu-lin^. 

 any law or treaty, aliens from admi^in into this 

 ec.untry. 



fiK/i/i/ii ///.-. Hilton 



volved important questions relating ti th- 

 of foreiuMi jinl^nieiits. The ;, 

 judgment re.-ovi-red in a Krem-h c.mrl ly I 

 citi/ens against the firm of A. 

 It was held that foreipn judgments 



videlice and not ro||e|u-ive whei. 



upon in the courts of this country, chief .1 



Kuller and .lust ices llarlai, 



dissented, holding that the doci ; 



cata applied to foreign judgments as v- 



domestio. 



I he \rmy.--The t'nit. rmy, which 



ruitcd hv voluntary enlistment oii!\ 

 sists <! ''tit- of infantry, ii 



- : ; 1:5.12.-. tiii n : 10 e 



numl.erir ( r- an.i 



-| regiment- of artillerv. numlM-rr 



len : and .':;? ollic. : 



;,en in the Kn^'ineer Co?-|-. the o?-. 



nal -ervjce. .Mili- 



\'-ademy. with Indian scout >-. admi; 

 live detail-, etc. : total. 2.126 of!ic<-rs and 



IONAL GfAKU, page 5< 



