Page:Is Capital Income, Earle, 1921.djvu/41

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IS CAPITAL INCOME?
41

rency; and, thus, try to realize the consequences of an added similar departure from the methods of interpretation so often designated by the Supreme Court.

The Supreme Court, of course, remained true to its principles. The real responsibility was on the legislative and executive branches of the Government, not on the Judiciary, for the overthrow of the first decision rendered in the legal tender cases. The method by which the later decision was secured is well known to all students of constitutional law and history.

For if ever a Pandora's box of evils was let loose upon the country, it was in this unhappy instance.

Forever now, political pressure will be brought upon the Congress, to advance prices by depreciating the currency; forever will conflict continue between those wanting indirect relief from debt, and those wanting honest payment; forever must the commercial interests of the nation be liable to be suddenly converted into the wildest gamble, with the certain results of either ruin, or disturbing charges of alleged "profiteering"; forever must our wars cost us at least double; forever must the Supreme Court be burdened with an irritating and dangerous conflict, dangerous to it and to all! A greater part of the present commercial distress is due to this evil, which the Founders strove so hard to guard us against.

The Supreme Court has well instructed us: That this question as well as all others "which run along the line of the extent of the protection the individual has under the Constitution against the demands of the Government is of importance; for in any society the fullness and sufficiency of the securities which surround the individual in the use and enjoyment of his property constitute one of the most certain tests of