The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-04-25
JUSTICE JACKSON TO SIT AS UNI
PRE- AT THE DETERMINE
TION OF THE QUESTION.
DIRECT TAXATION TO BE MORE
FULLY DISCUSSED.
Internal Revenue Decrease for the Month
Aggregates Over Three Million Dol
lars-Morton Says There is no
Rupture Between Himself
and the President.


in regard to the petitions for rehearing
of the income tax question: The consider
alton of the two positions (the income tax
petition) for rehearing is reserved until
May 6, when full bench is expected, and
in that event counsel on each side will be
heard at that time. Although the order
does not explicitly state, it means the
question will be heard, not on the merits OF
the income tax question itself, but on the
question whether or not there shall be re-
hearing of the suits heretofore decided
This argument it is expected will include
the extent to which the extent shall go.
The announcement by the court is further
corrOborative of reports of improvement
in the health of Justice Jackson, as it was
made only after assurances that unless
his case took turn for the worse he would
be able to return to his seat on the bench
by the date named in the order. The
course adopted by the court is most I'M
usual one, and those familiar with its pro-
cedure for many years can recollect but
one instance in which like action has
been taken, and that was in the '70s. 1t
is understood that the decision of the
court to permit an oral argument on the
motion for a rehearing in these cases was
not arrived at until today, and that this
action was based upon information re-
ceiyed by the chief justice direct from
Justice Jackson indicating the probability
of his being able to attend upon the sitting
of the court early in May.
After adjournment of the court today
~ T.. IN,,1lo cold hat hn hn1 va
ceived such information from Justice
Jackson as to lead the court to expect his
presence in Washington and to count upon
his attendance upon the court by the day
set for argument upon the petition. He
also stated that his information was that
Justice Jackson was getting on very well.
Ordinarily" he added, "Mr. Jackson
would not be expected to return so near
to the end of the term" 1t is understood
that the decision OF the court to depart
from its almost unbroken custom of de-
Gliding upon the ACCESSIBILITY of rehearings
without inviting further suggestions from
counsel than is contained in brief written
statements, is due to the appreciation
which the members have of the vast i'm
portance of the income tax cases, and to
their desire to have it understood by the
public that they are not disposed to place
any obstacle in the way of the fullest pos
SlDlt presentation VI lhC IdcC' hS uSudi
practice in regard to petitions for rehear-
ing 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 of submitting even
= this preliminary matter to the full bench
that none of the justices felt disposed to
make such motion, and that the ar
rangement now announced was hit upon
n Tnstina Iorkcnn thprp-
fore. will virtually come into the case as
umpire. In the meantime the original
decision will be allowed to stand as
the law, and it is understood
that the full text of the chief justice $
opinion will soon be given to the public:
Nothing is known as to whether or not II
the rehearing is ordered it will take place
at this term of court. Ordinarily the
court would take a recess from May u
for two weeks and then adjourn until
next October, but it is within its discre-
tion to continue the term indefinitely and
it is not improbable that it may be eX-
tended in the event q rehearing is decided
upon. especially if it should appear upon
Justice Jackson's arrival that his health
is sufficiently robust to permit him to take
upon himself the responsibility of sitting
through an argument on the merits OF
the case and the extra work of assisting
in the preparation of a decision. The
strong desire of the government and OF
the public for a final settlement of the
income tax question may influence the
court to depart from it's custom and sit
later than the month of May.
The news of the action of the court was
received at the treasury department with
much satisfaction, especially as it was an
nounced that Justice Jackson would be
here and take part in the determination
of the question. This order of the court
is regarded by some of the officials as
almost conclusive that re-argument will
be granted. Without any positive knowl-
edge on the subject, it seems to be the
general belief that Justice Jackson is
predisposed in favor of the constitu-
tionality of the law and hence will be
very likely to vote for rehearing, thus
making q clear majority in favor of grant
ing the petition.
A rehearing is earnestly desired by
the income tax officials, as with full
bench there necessarily will be full
majority, either for or against the law.
which would certainly have the effect of
doing away with vast amount of litiga,
ton now promised.
AS to the chances of the courts decid,
ing adversely to the law, the officials fee
little uneasiness. They argue that the
direct tax question which some members
of the court regard as deeply involved
was hardly touched upon in the argument
of the case on behalf of the government
its counsel assuming that the court
hardly desired discussion of a subject
which they thought by reason of a long
line of decisions had ceased to be an oper
question.
Senator Lindsey of Kentucky speakine
on this matter said today: IF the Fed
eral government has not power to raise
revenue by taxing incomes arising from
rents of real estate in time of peace
neither has it that power in time OF war
1t is most important that the question
shall be finally and conclusively decided
by the supreme court at an early day
If the power does not exist it should bt
supplied by constitutional amendment
The civil war established the right o.
the Federal government to operate upoI
individuals in the enforcement of Fedora
authority. The government should have
like power in the taxation of all IN
comes.
MORTON SPEAKS FOR HIMSELF
Washington, April 23.-Secretary Nor
ton appeared amused at some of the sen
sational stories printed in Eastern papers
tbis morning alleging rupture between
the president and himself, growing GU