Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1895-04-24
INCOME TAXCASES
To Be Reheard Probably Be.
fore a Full Bench.
QUESTION TO BE ARGUED NAY 6,

When Justice jackson Will Be Present,
Make the Court Complete, and Probably
1se the Umpire of the Is.ue-waIler's
Case One That Involves an Important
Point-what Is Charged Against Him
Figures on the Appropriations.
WASHINGTON, April 2i-It is under
stood that the decision of the supreme
court to permit an ora! argument on the
motion for a rehearing in the income tax
cases was based upoc Information rcceiv-
ed by the chief justice direct from JUS
tice Jackson indicating the probability of
his being able to attend upon the sitting
OF the cour. early in May. After adjourn
ment OF the court yesterday Chief Justice
Fuller said that he had received such in
formation from Justice Jackson as to
lead the court to expect his presence in
Washington and to count upon his at
tendance upon the court by the day set
Tor the argument on the petition, which
Is May 6. He also st 4ted that his infor-
nation was that Justice Jackson was
getting on very we'll. Ordinarily, he
added, Jackson would not be expected to
return so near the end of the term.
old Custom Had to Give Way.
1t is understood that the decision of the
court to depart from its almost unbroken
custom OF deciding on the advisability
Of rehearings without inviting further
suggestion from counsel than IS con-
tanned in brief written statements is due
to the appreciation which the members
have OF the Importance of the income
tax eases and to their desire to have 1t
understood by the public that they are
not disposed to place any obstacles in the
way OF the fullest possible presentation of
the case. The usual practice with re-
gard to petitions 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 pres
ent instancc of submitting even this pre-.
HI:linary matter to the full bench that
none of the justices felt disposed to make
such n motion and that the arrangement
now announced was hit upon as a COM
promise.
Judge jackson VIII Be Umpire.
Justice Jackson therefore will virtually
come iGto the case as an umpire. In the
meantiA.e the original decision VIII be al
lowed to stand the law, and it is I'M
justices opinion Will soon be given to the
public. Nothing is known as to whether
or not the rehearing, il ordered, will take
place at this term of court Ordinarily
the court would take recess fro4 May Il
for two weeks and then adjourn until
next October, but 1t is within its discTe-
tion to continue the term indefinitely, and
1t Is not impossible that it may extend the
term in the event a rehcaring is decided
upon, and especially if it should appear
upon Justice Jackson's arrival that his
health is sufficiently robust to permit him
to take on himself the responsibility of
sitting through an argument on the mer-
its of the case and the extra work of as.
si>ting i'll the preparation of n decision.
jackson Believes the Law Valid.
Without any positive knowledge on the
subject it seems to be the general belief that
Justice jackson is predisposed in favor of
the constitu ionaiity of the law and hence
would be very likely to vote for a rehear-
ing, thu making clear majority in
favor of granting the petition. \ rehear.
ing is earnestly desired by the income tax
officials, as with Il full bench there Will
necessarily be n full majority either for
or against the law. which would certain
ly have the effect of doing away with the
vast amount Of litigation now promised.
As 10 the chances of the courts deciding
adversely TO the law, the officials feel little
uncasiness
A Matter That should he Settled.
They argue that the direct tax question
which some members OF the court regard
cd as deeply involved was hardly touched
upon in TIE argument of the case on be-
half of the government, its counsel as
scming that the court could hardly desire
n discussion OF n subject which they
thought by reason of u long line of de-
cisions had ceased to be an open question.
Senator Lindsay, of kentucky, speaking .
on this matter said: '.If the federal gov.
ernment has not the power to raise
revenues 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 ard conclusively decided
by the supreme court at an early day"