Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-04-22
INCOME TAX CASES.
It Is Doubtful if a Rehearing Can be
Obtained In Them.
cour. Is Adverse to Such Action--Atiorney
General Favors il.

Washington, April 2l.-The general
expectation Is that the supreme court will
not postpone its decision beyond Monday
on the application of Messrs. Hyde and
Pollock for rehearing on the income tax
cases. This is expected by those who are
very near to some Of the members OF the
court. 1t is understood that the court or.
prcciates to the utmost the Importance OF
having the matter as fully settled as it Can
be at the first opportunity, and especially
before the approaching adjournment for
the summer The situation is also devoid
of complicating features which would
cause delay. If there should he y written
opinion it would necessarily be briet, and
the chances are that the decision will be q
bare announcement In case the decision
is averse to the petition, the announce.
ment will be made through the clerk OF
the court and not from the bench.
The decision depends upon whether any
Judge who concurred in the former decis
ion asks the rehearing. and not upon the
taking of o formal vote. II none OF the
judges who voted to sustain the law upon
the first presentation Of the cases suggest
further consideration the motion for a
new trial will be denied as matter Of
course. On the other hand II this reauest
should be thus made it would almost Ger.
tainly be granted.
The General Opinion
of the attorneys who are most familiar
with the practices of the court is that the
motion will not be granted. They base
their belief upon various grounds In the
first place it Is understood that there Is no
desire on the part of sitting members OF
the court TO bring Justice Jackson to
Washington to sit in the case, and with
out his presence the case could not be
tried second time at tile present session.
The term is so near its close that II he
We're here and able to participate in the
proceedings there would be but little time
for considering the question, and there
are other matters OF some more or less
Importance demanding attention which
would be crowded out If the income tux
question should again be taken up.
To grant Il rehearing and postponed 1t un.
til next term would, they say, leave the
law in a more unsatisfactory condition
than it now is and would fail to accom-.
plish any desirable result, as there is little
doubt that by the beginning Of the Octo.
Der term there will be other cases arising
under the income tax law on which all
the questions can be taken up in case
there should be a full bench.
The Court Has an Aversion.
Furthermore, it is understood that the
court has all aversion to granting re.
hearings, and 1t has in the past shown
disposition to resent efforts to secure them.
Justice Bradley only short time before
his death said from the bench that such
motions were little short of nuisances to
the court, and cit ought to be understood
or at least believed. whether true or not
that this court being a court Of last re-
Sort gives great consideration to cases Of
Importance, ana there ought to be final.
ity somewhere
Still there have been many cases In
which such petitions have been favorably
acted upon, notwithstanding the preju.
dice against them, and there is POSSIBLE.
ity of the court overruling itself to tho
extent of granting the motion it its desire
to give the fullest possible opportunity
for the presentation of all phases of the
income tax question, and the fact that the
general has rather fallen in with
the proposition for rehearing may have
AN influence in favor of the petition.