Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-05-19
INCOME TAX Low IN DANGER
IT is SAID FIVE JUSTICES HoLi
1T TO BE ILLEGAL.
A DECISION MAY BE HANDEi'
DOWN ON MoNDAY-oNE JupGr
HAS CHANGED HIS OPINION
THE KIcKAPoo LANDS TO ri
OPENED.
wAsHINaroN. Mny is.

Il
The annual shad bake OF the dist
trict bar association proved 80 muci
more attractive to the Justices OF III Z
supreme court today than the consultal
ton room that the usual conference wal
postponed until next Monday morn
ing. As II consequence of this post
ponemeni the final conclusion on the VI,
come tax cases has been deferred untf
then.
The second conference on the ques
tlon Is made necessary according to tn
best Information obtainahle by the fncl
that the position OF at least one OF TIL
members OF the court believed to hi
Justice shiers was not finally nnG
absolutely announced last Saturday
when the conference OF last SATURDAY.
closed Justices Harlan, Brown. Whit
and Jackson held separate consulta'
ton under circumstances which madl
It appear quite certain tina; Juatlc'
jackson had taken position with thesi
who upheld ths oonstltutionality OF ths
law ana as there We're four member,
OF tho court known 20 have cast thel
vote In favor OF sustaining the law thu
inference an generally drawn that Will
the accession OF Justice jackson maj
jority would be found on the nilirma
tive side when tho result should be an,
nnunCcd The fact that the one OF III,
Justices who had formerly voted for thf
law asked for further time TO cnnsidel
the case as presented ut the Roeont
hearing has since come to Hight and
this, with other circumstances OF 1
connrmatory character. has led to
general Impression that when the opln
ion should BE announced II would ~
TINT the majority OF tho nino Iuatirc.
are oppoBed to Il IN All details and thl
law VIII be declared unconstltutlona
IN toto, II pis known that the member,
of the court who opposed the law from
the beginning are hopeful and faifl,
confident " this result. but they vii
not allow themselves 10 feel nbsolutnl.
assured until the final vote nhnll b
taken prior TO going into court on Mon
day The justices opposed TO the iav
also consider Il possible that Mt thii
nnnl vote when II nnpenrp, " IL shni
10 appear that they are In the mn1orit,
they may secure other nasoccionB. Sucl
"dcathbod' conversions, M "A mumbel
OF the court calls them nre said not 4
be 30 rare an II supposed. II " eait
that the opinion ~ now being prepnret
on the theory that the opponents OF TN
law win have ilVo votes, frhat " {
| majority and In this event the 0piniot
OF the court, n Is said. WIN again bi
the work NJ chief JuHtlce Fuller
There IL a possibility that the oplnlof
may not be handed down ON Monda,
next. Tho Members OF tho court ar,
thempolvcR Of the opinion that II VIII
be, but nt tho same time thnt IN view oI
tho possibility or changes Il II inn
possible for them 20 say positively
Probably IA no case which hHH eve
been before the court has such pre-
caution been tnken ms IN this TO preven
premature disclosures as TO the natiiri
of the conclusion reached The cour'
was greatly annoyed by the publication
OF the results OF Its delibcrp lions aftei
the first hearing in these cases and
several persons were under more ar lest
suspicion on this account, II WAS nj
first decided not 10 hnvc the opinion
printed IN advance Of lta delivery from
the bench as IN the usual custom bui
20 deliver Il from tho manuscript %
the Juice who should prepare II hui
II 10 Understood that this conclusion has
been reoonaidered.
The opinion VIII probably not be 10
long M when the cases were first de-
cided and II IL not yet known whether
there VIII be more than one dissenting
opinion