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Show H Gray and Shiras B-.. As tkc Supreme Court known H to this generation has decided two H ol t'e mnmenlous questions ever B submitted to it in the history of B the country, the relations borne to H these decisions by the individual H justices are interesting to consider. H On the first of these questions, B tkc constitutionality of the income B tan enacted in the Wilson tariff B 'aw tnc8C justices made the innj- B ority of the court, holding tl'J B tax l0 1,c nvnlid and so putting B the nation's heel on the comsnud- B itm that would have undermined B l'ie constitution. H Fuller, Gmy, field. Hrcwer, B Shiras, Opposed, that is, for the B tax, were: Marian, White, B Brown, Jackson. B For tncsc l n,uSt e understood B that Judge Brown, strong in his B aversion to the Populism which B lnc income tax represented, de- B cided as he did on thu ground B thatfthe doctrine of stare decisis B demanded result for the pre- B vioua decision of the Supreme M "XT' u, - iV B n tuu expansion question, de- B cided the nuijoi ity for keeping B Pcn 'e dooi l0 national progress B which Thomas Jefferson first B 'raised the latch, were : Drown, B Gray, McKcnna, White, Shiras B Tho ftnti-cxpnnsionists were B ,Iruller, Harlan, Brewer, Peck B These comparisons, therefore, B selected for a place of special hon- H or in the judicial history of the B United Stales Horace Gray and B George Shiras, the two members B of the Supreme Court who at B caCM these two great crises, in H the national law stood for progress H enlightenmrnt and right, And B strange to say, the one justice B who was wrong both times was B l'ut powerful Roman of the H bench, John Marshall Harlan. |