Evening star., 1895-04-25
NOON TAX CASE S
The Rehearing to Go Into the Merits of All
the Points Involved.
Present Order of the Court VIII BE
Allowed to Stand-lIard Work
for Counsel.

When the United States Supreme Court,
on May g. again takes up the income tax
question it will once more go into the mer-
it's of all the points involved and will not,
as it's order made Tuesday apparently
stated. confine the arguments to the ques-
tion whether or not rehearing of the
cases shall be granted. This unexpected
explanation of the courts order shows
that what it intended to state in its am
biguous announcement was that it had
granted the petition for rehearing and, if
would reopen the cases on May 6. The Or
der of the court, it is stated. was drawn
hastily, and 1t was not noticed at the time
that 1t was ambiguous and apparently
justified the conclusion that the court had
decided simply to hear argument on the
que estion of granting a rehearing. Attor-
ney General Olney and others directly in
terested in the trial of the suits understood
the courts order in the same manner as
did the public. The Attorney General
however, was at some loss to understand
just the extent to which the court desired
him to go in his argument. In reopentng
the cases the court. it is stated, will not
vacate the order 1t has made already but
viii let its decision stand .for the present.
and will only modify the Original entry In
the event that, as result OF the reargu-
ment, majority of the court decide to
overrule the conclusions heretofore reached.
Hard Work for Counsel.
The complete reopening OF the cases will
necessitate continuous and hard work on
the part of counsel so as to be prepared for
the court. Attorney General Olney and
counsel for the government on this oc-
casion will go most fully and elaborately
into all the points involved. and especially
into the question of direct taxation The
government will represent that the i'm
portance of the cases in the light of the
views expressed by the court in it's opinion
already rendered make 1t desirable that a
week should be allowed for argument on
each side. If allowed the argument in the
matter of length may bear some compari-
son to the exhaustive hearing before the
Paris arbitration tribunal on the Bering
sea question. The explanation now given
unofficially at the court of the meaning of
its order indicates probability that be-
fore final adjournment of the court for the
present term a final determination Of the
full court on the mooted income tax ques-
tion may be expected.
One Explanation Given.
An explanation now -glvSn Of the court
order is that it was purposely made some-
what indefinite in terms because OF the
possibility of Judge jackson not being
able to be present, and that on this ac-
count the court did not wish to make a
more positive order until certain of his
attendance.
The justices are quite perturbed at the
premature publication of the conclusion
of the court in this case and at their un-
fortunate wording of the order of the court,
and when asked for a definite and authori-
tative statement of the status of the case
little satisfaction could be obtained from
the justices, Notwithstanding the desire
of the public and Of officials for informa-
ton