Page:Is Capital Income, Earle, 1921.djvu/35

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IS CAPITAL INCOME?
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having been already so completely defined, the Courts will, as Justice Holmes did but "stick to the exact words used," and substitute for "Income," "Capital" or any part of that which has been repeatedly defined as "Capital" alone.

Therefore, to summarize; If the methods directed by the Supreme Court be followed, no one can deny that our Constitution provides for the safeguarding of our Liberty; that a condition of servitude is imposed on us, if the lawful results of our "pursuit of Happiness" could be taken from us withou full consent really and freely given; that so far as direct taxes are concerned, such consent, generally, not only cannot be given for the people of any single State, by those distant, unless apportioned as provided in the Constitution, but is absolutely denied, as a necessary protection of Liberty from what had already so destroyed it, as to require a fratricidal war to regain it; that this was the solemn conclusion of the greatest, most patriotic, body of statesmen ever assembled; that the general principle remains inviolate, though, for unknowable reason, power to subject us to this danger to our Liberty, is and has been granted but only in one respect, that is as to "Income," but, again, "Income" alone! That this provision is "burdening," not remedial—for he would have not only courage, but a grim sense of humor, who could contend, especially in these times, that further powers to burden the people, had for the first time become "remediable" legislation. That "Income" had not only never been defined as Capital or Capital accretions, in continued use as Capital, but by more than one decision, and during a period exceeding half a century, continuously and clearly declared by the Supreme Court, not to include either! And that the only reply