The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-04-24
INV IyC0NE TAX ClSIS
Supreme Court Acts on the Petition
for a Rehearing,
TO LISTEN TO ARGUMENTS MAY g.

Justice jackson win be Present, and II Is
Hoped and Believed by Ohioials of the
Treasury Department That the Rehear-
ing win be Granted.
WASHINGTON. April "a - The United
States supreme court, through Chief JUS
tice Fuller made the following order in
regard to the petitions for a rehearing 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 ex-
pected, and in that event two counsel on
a side will be heard at that time"
Although the order does not explicitly
so state, it means that argument will be
hearl, not on the merits Of the income tax
question itself, but on the question
whether or not there shall be rehcating
of the suits heretofore decided This ar
gument, 1t is expected, will include the
extent to which the rehearing shall go.
The course adopted by the court Is a
most unusual one, and gentlemen famil-
lar with its procedure for many years can
recollect but one instance in which like
action has been taken, and that was in the
seventies The decision of the court to
permit an oral argument on the motion
for a rehearing in these cases was not ar
tived 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
cases 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
the fullest possible presentation of the
case.
The usual practice with regard to petit
tions for rehearing 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
the course taken in the present instance
that none of the justices felt disposed to
make such a motion, and that the arrange
ment now announced was hit upon as
compromise. Justice jackson, therefore,
will virtually come into the case as an
umpire. In the meantime the original de-
cision will be allowed TO stand as the law,
and it is understood that the full text of
the chief Justices opinion will soon be
given to the public
Nothing is known as to whether or not
the rehearing, if ordered, will take place
at this term of court. Ordinarily the court
would take recess from May for two
weeks, and then adjourn until next Octo-
Der, but it is within it's discretion to con-
tinue the term indefinitely, and it is not
| impossible that it may be extended in the
event a rehearing is decided upon.
The news of the action of the court was
received at the treasury department. with
much satisfaction especially as it was
announced that Justice Jackson would be
present and take part in the determine
tion of the question This order of the
court is regarded by some of the officials
as almost conclusive that reargument
will be granted.
Without any positive knowledge on the
subject it seems to be the general belief
that Justice Jackson is predisposed in fa-
vor of the constitutionality of the law,
and hence would be very likely to vote for
a rehearing. A rehearing is earnestly de-
sired by the income tax officials, as, with
a 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
now promised.