The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-24
AS TO THAT REHEARING
Jusiics JiCkiOn Will Virtually Com,
Into the Case as an Umpire.
COMPROMISE ARRANGEMENT
Full Text of the Chief Justices
Opinion In the Income Tax Case
VIII. 1t 10 Believed. soon
Re Given Out.

WASHINGTON, April 23.-The United
States supreme court to-day through Chief
Justice Fuller, made tho following order
regarding the petitions for rehearing on
the income tax question:
"Consideration of the two petitions for
rehearing is reserved until Monday, May
6. when n full bench IS expected, and in
that event, two counsels on n side will be
heard at that time"
Although the order does not implicitly
so state, il means arguments will be
heartl, not on the merits of the income
tax question itself, but on the question
whether or not there will be a rehearing
of the suits heretofore decided. Judge
jackson is expected to return by the date
named.
gentleman familiar with tho proceed
ure of the court for many years can recol-
lect but one instance in which like action
was taken. That was in the seventies.
No authoritative statement could be se-
cured OF the reasons for the order, but
the theory is advanced that the court is
again evenly divided. and Justice Jackson
has been virtually an umpire on the ques-
tion of reopening the cases.
After adjournment of the court to-day,
Chief Justise Fuller said he had received
such Information from Justice jackson
as to lead the court to expect his pres
ence in Washington and to count upon
his attendance upon the court by the day
set for the argument of the position. II
is understood the decision of the court to
depart from its almost uubroken custom
of deciding upon the advisability of re-
hearing without inviting further sugges'
tion 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 presentation of the case.
The equal practice with regard to petit
tions to rehearing Is to grant them upon
the motion of one of the members of the
court who has concurred in the dec ision
already made, but il would appear in 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 a motion aud
that the arrangement now announced
was hit upon as a compromise. Justice
Jackson therefore will virtually come
into the case as an umpire. In the moan
time the original decision will be allowed
to stand as the law, and it is understood
the full text OF the chief Justices opinion
will soon be given to the public. Ordi-
narily the court would take n recess from
May for two weeks and then adjourn
until next October, but 1t is within its dis
cretion TO continue the present term in
definitely, and IL is not impossible that IL
may extend the term in the event of re-
hearing being decfded' upon, especially II
IL should appear upon Justice Jackson's
arrival that his health is sufficiently ro-
bust to permit him to take on himself the
responsibility of sitting through an argu-
ment on the merits of the case and the
extra work of assisting in the preparation
of n decision.
The news of the action OF the court was
received at the treasury department with
much satisfaction, especially as IL was
announced Justice jackson would be
present and take part in the determina-
ton of the question. Without any posi-
tive knowledge on the subject, IL seems "a
be the general belief Justice Jackson is
predisposed in favor of the constitution.
ality of the law and hence would be very
likely to vote for a rehearing, thus maxi
ing a clear majority in favor of tho 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 the vast amount of litigation now
promised. As to the chances of the
courts deciding adversely to the law,
the officials feel little uneasiness.
They argue the direct tax question which
some members Of the court regarded as
deeply involved, was hardly touched upon
in the argument of the case on behalf oi
| the government. its counsel assuming the
court could hardly desire decision of a
subject which they thought by reason OF a
long line Of decisions had ceased to be an
open question.