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Supreme Court — Part 19

107 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 107 pages OCR'd
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acks Press ar quite different, for example, Tom @ tax on the income of one H ae i ° - uy, | ‘e Sn Rights cre Mr. Rosen _ Mr, Trasy__. by A s s Mr.Carson__ Reversing 1 the United|erty of a preacher. It ts quite/license tax imposed by this * States Senretae, Couns yesterday another thing to exact 9 tax from/nance is in substance just that," Mr. Cotfey_ (him for the privilege of delivering)! He quoted the Tlinois Supreme Mr. Hendon @ sermon. The tax imposed by the|Court decision in a Jehovah's Wit- . -_ ‘city of Jeannette js 8 flat license|nesses care. AAS 8 Dereon cannot be Mr, Kramer_ tax, the payment of which compelled “to purchase, ’ canditden of the exercise of eal fee or a Noente. ta, the Ma Quien r. Quinn Ti Mr. Nease__ upheld in sweeping terms the ‘con- atitutional immunity of religion and the press from all forme of Heensing the dissemination of thal, spoken and written word, . « Divided 6 to 4 the court, i§ an te ee ee ee oe rom 2. SPLUGO GEuyerca GY ASSOCIATE Js, tice Douglas, invalidated the ~, tion of license fees by four - ; ip ifram Jehoyah’s Witnesses, re ‘ ligious sect, for distribution its ; b ‘ . ~ {| tracts, In « 5 to 4 decision a year . . (lago thé court upheld such licem- « S/ing ordnances in the cities ef - - {/Opelika, Ala., Fort Smith, @rx., ~ {jand Casa Grande, Ariz. In the ~ 1/Dougias opinion yesterday the . {court announced: the vacatian of _s the judgment in these cases and “SO linvaildated the application «f « y the city of{/@ ehovah's Witj. \simUar ordinance J/Jeannette, Pa., to nesses, Resignation Factor e The court's right about faee on the issue of freedom of 6] a from the first amendment aed press the Reformation. Tax Hit on Frivllege “Tk is contended, however, that the fact that the license tax can suppress or contro! this activ- ity is unimportant if it does not do ao. But that is to disregard he am af thie tae Te 42 = mati We OF US WAA. 46 an = Hoemse fax—a fiat tax imposed om the exercise of a privilege granted by the Bill of Rights. ARE State may not impose a charges for the enjoyment of a right granted by the Federal Constitu- tion, Thus, it may NOL exact « license tax for the privilege of carrying on interstate commerce although it may tax the property used in, or the income derived to the Constitution was bronght about by the resignation of Asso- ciate Justice James F. 3 to become Economic Stal tion Director and his replacement by Associate Justice Wiley Rut- ‘iledge. Byrnes held with the majority a year ago, Rutledge with the majority yesterday, The majority of the court In the decision yesterday was com tposea of Chief Justice Stone and “ Justices Douglas, Rut- edge Jack and Murphy. Asso ciate Justice Reed delivered a dis- be g opinion in which he was joified by Justice Roberts, Frank- * i mm . long as fturter and Jackson, who together ye wae are snot discrimina: with Weressan a amatl tad he Waids Sy. tS constituted wc =) a license. tax applied to majority & year ago. ties guaranteed by the First “Quite Another Thing” ndment would have the same et. Seldom has‘ the court spoken Asis true that the Pirst Amend-|§ more forcefully in *interpretation | “fren. like the commerce clause, of the Bill of Rig#ts than in tl draws no distinction between a Douglas opini yesterday. license taxes, fixed sum taxes, found in the Acense tax applied! and other Kinds of taxes. But to Jehovah’s Witnesses a threat} that is no reason why we should not only to the freedom of religion] Sut our eyes to the nature o but an opening wedge to the cen|/ Ue ta it aovrer to. impor a sorship and suppression of the Heense tax on the exercise of ne net tna - "I these freedoms is indeed as potent as the power of censorship which this court has repeatedly struck/? down.” 4 MAY 1 0 1943 WASHINGTON TIMES-HERALD Page
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