Waterbury evening Democrat., 1895-04-08
Decision Expected Today.

nouncc its decision on the appeals today, but thcre is q possibility of still further delay.
 Some confusion has developed regard ing the form in which tho decision will be presented if tho justices divide, as has been reported. Three cases arc joined in the appeals which are pending. and while tho same question of constitutionality is involved in each thcrc is divergence of opinion as to tho court $ method of dis posing of them.
 Tho supreme court, like all appellate tribunals, is composed of m odd number of justices, so that the contingency of n tied bench shall bC avcrtcd. The absence of Justice Jackson and the probability of tho justices dividing equally has brought out some novel points of controversy rt- garding tho manner in which the decision will be announced. In each case on ap- peal thorr will be q separate decision in tho record, but tho samc decision may be presented in all threc.
 If the court divides in tho manner al ready indicated in thcSo dispatches, 1t is probable, according to high authority, that tho dUciSion will hc tu the rffrct that the two prov isiunS of the law relating tu incomes from city, county and municipal bonds arc unconstitutional
 Many Suits rrobabIe.
 A prominent official uf the department of justice, in discussing tho point raised, furnishes considerable light as tu the effects of the eases being disposed of in this way:
 If the supreme court is evenly divided on the constitutinnality of the law, said he, tho decision of the lower court from which the appeal iS taken nrcr>sarily stands But il "Nl'"s,s tn" law to numrr- uus other suits which may hC brought un- til positive action is had either by chan -u uf views or n change ill the membership of the court, If the appellate court k evenly divided. the question haS tho same status aS though the lower court had hCrn ! a court of last resort.
 If the supreme court k evenly divided | in tho income tax cu>C. tho tax will he 1 collected, as the tvcisiun of the lower 1 courts uIhuldS the statute Under tho law no adverse decision except Ivy the supreme court can suspend the operation of a stat utr
 ''Il d. k po>-jhr n majority uf the ! count should decide tho main body of the act tu lr constitutional, but should iii ] Vi,iC evenly an the tax un r''nt~ nnd public | bonds. then those two points would lt l subject tu attack in tho courts until they were finally determined ono way or the other
 All tho fine legal hair splitting may be avoided by a decision of the supreme court showing n majority in fNvor of the consti- nationality of the law on all points except the two indicated, It may be that the unusual conference will havc this result, although thcre is no haSis of an official | nature for such an eXpcrtation.
 Tho best understanding iS that the court will decide by a tie vote of to l. If that is tho case, thCro iS no prOtahil. ity that other appeals on the income tax will hc heard except by a full hench. II is improbable that any suits will ht brought until after tho tax has been cal lcCtcd. and aS tho court adjnurns for [ long summer rNr>S, during which the justices sit in cirvuit. rn appeal CsIn I'ussi bly reach the court before the fall term Ul until all thr rrvcnuc from this suurrc Ina. | htCn rtaliICd