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Supreme Court — Part 19
Page 87
87 / 107
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
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