The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-05-23
1T IS THOUGHT THE LAW WILL,
BE COMPLETELY KNOCKED
OUT BY THE DECISION.
JUSTICE JACKSON Is SAID TO
FAVOR THE LAW,
Bnt One Justice Who Favored 1t Before
Is Believed to Take a Different
View of the Question After
the Second Hearing.

Washington, May 1S.-The annual shad
bake of the District Bar association
proved so much more attractive to the JUS
tees Of the supreme court than the CON
suhtation room that the usual conference
WAS postponed until next Monday morning.
Hhe final conclusion on the income tax
cases has been deferred until then.
The second conference on the question
IS made necessary, according to the best
information obtainable, by the fact that
the proposition of at least one of the
members of the court was not finally
and absolutely announced last Saturday.
When the conference of last Saturday
acloaed Justices Harlan, Brown, White
and Jackson held a separate consultation
under circumstances which made it APP
pear quite certain that Justice Jackson
had taken Il position with those who up
held the constitutionality of the law, and
as there were four members of the court
known to have cast their votes in favor of
sustaining the law, the inference was gen
orally that with the accession of Justice
Jackson a majority would be found on
the affirmative side when the result was
annouced The fact that one of the JUS
tees who had formerly voted for the law
asked for further time to consider the
ease rs presented at the second hearing
has since come to light and this, with
other circumstances, has led TO al
general impression that when the opinion
is annouced it will be found that a ma
jority of the nine justices are opposed to
H. in all its details and that the law will
be declared unconstitutional in toto. The
justices opposed to the law also consider
that at this final vote. when it appears,
VI it shall so appear that they are in the
majority they may secure other Access
sioDs. Such death Ibed'' conversions, |
as member of the court calls them, are
said not to be so rare as is supposed. It'll
is said that he opinion is now being pre-
pared on the theory THAT the opponents |
of The law will have five votes Chat is u
majority, and in this event the opposition
of the court, it is said, will again be the |
work Of Chief Justice Fuller.
There is a possibility that the opinion |
may not be handed down on Monday next
and the members of the court are them
selves of the opinion that it will be de- |
layed in view of the possibility of changes, |
but it is impossible for them to say posi- |
lively.
Probably in no case which has ever
before been tried before the court has
such precaution been taken as in this to
prevent the premature announcement of
the result The court was greatly an
noyed by the publications of the results |
of bus deliberations at the first hearing in |
these cases and several persons were
under more or less suspicion. On this |
account it was at first decided not to
have the opinion printed in advance of
Its delivery from the bench, as is the |
usual custom, but to deliver it from the
manuscript of the justice who is to pre-
pare it, but it is understood that this con-
oclusion has been reconsidered, and it is |
not yet known whether there will be |
ruore than one dissenting opinion.