The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-04-24
H'HE INCOME TAX CASES
Supreme Court Acts on the Petition
for q Rehearing.
TO LISTEN TO ARGUMENTS MAY Q.
Jnstice Jnckson VIII be Present, and 1t Is
1 Hoped aud Believed by ohiciais Of the
! Treasury Department That the Rehear-
I ing win be Granted.

Jnstioe Jackson VIII be Present, and 1T Is
Hoped aud believed by ohieiais OF the
Treasury Department That the Rehcar-
ing VIII be Granted.
! WASHINGTON, April "a - The United
States supreme court, through Chief JUS
tico Fuller, made the following order in
regard to the petitions for rehonriug in
the income tax question: "The consider
alton of the two petitions (the income tax
petitions) for rehearing is reserved until
Monday, May 6, when full bench is OK
pected, and In that event two counsel on
o side will be heard at that time.
Although the order does not explicitly
SO state, it means that argument will be
heard not on the merits of the income tax
question itself, but on the question
whether or not there shall be II rehearing
Of the suits heretofore decided. This ar
gument it is expected, will include the
extent to which the rehearng shall go.
The course adopted by the court is a
most unusual ono, and gentlemen famil-
Oar with it's procedure for many years can
recoilect but one instance In which Il like
ection has been taken, and that was In the
teventies. The decision of the court to
permit an oral argument on the motion
tor rehearing in these cases was not ar
rived at until yesterday, and this action
was based upon Information received by
the chief Justice direct from Justice Jack
son indicating the probability of his being
able to attend upon the sitting Of the
court early in May
1t is understood that the decision of the
court to depart from its almost unbroken
custom Of deciding upon the advisability
Of rehearings without inviting further
suggestion from counsel than Is contained
In brief written statements Is due to the
appreciation which the members have Of
the vast Importance of the income tax
eases and to their desire to have it under
stood by the public that they are not dis
posed to place any obstacle in the way Of
khe fullest possible presentation of tho
case.
The usual practice with regard to petit
lions for rehenring is to grant them upon
the motion of one Of the members of the
court who has concurred in the decision
already made, but it would appear from
khe course taken In the present instance
shat none of the justices felt disposed to
make such motion. and that the arrange
ment now announced was hit upon as a
nempromise Justice Jackson, therefore,
will virtually come into the case as an
pmpire. In the meantime tho original de-
bision will be allowed to stand as the law,
and it Is understood that the full text Of
the chief Justices opinion will soon be
Riven to the public.
Nothing is known rs to whether or not
She rehearing, If ordered, will take place
ut this term of court. Ordinarily the court
would take recess from May for two
weeks, and then adjourn until next Octo-
ber, but 1t is within Its discretion to con-
tinue the term indefinitely, and it Is not
Impossible that 1t may be extended in the
went rehearing is decided upon.
The news of the action of the court was
geceived at the treasury department with
much satisfaction, especially rs it was
announced that Justice jackson would be
present and take part In the determine
tion Of the question. This order of the
Ieourt Ia regarded by some Of the officials
ns almost conclusive that reargument
will be granted. .."
Without any positive knowledge on the
bubjcct 10 seems to be the general belief
khat Justice jackson is predisposed in ia
Sor OF the oonstitutionality of the law,
and hence would be very likely to vote for
y rehearing. A rehearing is earnestly de-
Sdred by the income tax officials, as, with
y full bench, there necessarily will be a
Full majority for or against the law, which
would certainly have the effect of doing
AWAY with the vast amount Of litigation
how promised.