St. Paul daily globe., 1895-04-24
THE COURT in DEADLOCK
Chief Justice Sets May 6 as
Date to Consider Reopen
ing the Case.
MANY INTERESTS INVOLVED
For Which a Full Considera-
ton Has Been Ar
ranged.

WASHINGTON, april 23.lThe
United States supreme court today,
through Chief Justice Fuller, made
the following order in regard to petit
lions for rehearing of the income
tax question:
The consideration of the two petit
tlens (the income tax petitions) for
rehearing is reserved until Monday.
May 9, when a full bench is expect
ed, and, in that event, two counsel
on side Will be heard at that
time
Although the order does not ex-
plicit1y SO state, 1t means that argu-
ment will be heard, not on the merits
OF thesincome tax question itself, but
on the question whether or not there
Shall be rehearing of the suits
heretofore decided. This argument, it
is isfexpected, will include the extent to
Which the rehearing shall go-that is,
Whether 1t shall be confined merely to
the point on which the court was
evenly divided, the constitutionality
OF the income tax law as a whole, or
whether the whole question shall be
reopened and new arguments made
On the question of whether or not
rents are exempt from taxation, as to
which there was a clear majority of
the court against this feature of the
tax. The announcement by the court
Is further corroboration of reports OF
Improvement in the health of Justice
Il tsnl Il
assurances that unless his case took
a. turn for the worse he would be
able to -
RETURN TO HIS SEAT
OH the bench by the date named in
the order.
The course adopted by the court is
d most unusual one, and the gentle
men familiar with its procedure for
many years can recollect but one in
stance in which like action has been
taken, and that was In the seventies.
IT lis. understood that the decision
of the court to permit an oral argu-
ment on the motion for a rehearing
in. these cases was not arrived at until
today, and that this action was based
upon Information received by the
chief Justice direct from j Justice Jack
son indicating the probability of his
being able to attend upon the sitting
Of the court early in May. After al
journment of the court today Chief
Justice Fuller said that he had 1e-
ceived such Information from Justice
jackson as to lead the court tc eX-
pect hisgpresence in Washington and
to count upon his attendance upon
the court by the day set for the argu-
naents on 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 the end of the term.
tit is understood that the decision
of the court to depart from its almost
unbroken custom of deciding upon
the advisability of rehearings without
inviting further !. suggestion from
counsel than is contained in brief
written statements, is due to the ap-
probation which the members have
tax cases and their desire to have it
understood by the public that they
are not disposed to place any obstacle
m the way of the fullest possible
presentat ton of the case. The usual
practice with regard to petitions for
rehearing is to grant them upon the
motion of one of the members 1f the
court who has concurred in the de-
cision already made, but it would aI-
pear 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 a motion, and
that the arrangement now announced
was hit upon as compromise. JUS
tice Jackson, therefore, will virtually
come into the case
AS AN UMPIRE.
In the meantime. the original de-
eision will be allowed to stand as the
law, and it is understood that the full
text of the chief Justices opinion will
soon be given to the public.
Northing is known as to whether or
not the rehearing, if ordered, will
take place at this term of court. Or
dinarily the court would take recess
from May for two weeks and then
adjourn until next October, but it Is
within its discretion to continue the
term Indefinitely, and it is not i'm
possible that it may extend the term
in the event a rehearing is decided up
ON, and especially if it should appear
upon Justice Jackson's arrival that
his health is insuf1iciently robust to
permit him to take on himself the re-
sponsibility of sitting through an argu-
snent ON the merits of the case and the
extra work of assisting in the prepara-
ton of a decision. The strong desire
of the government and Of the public
for a final judicial 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 re-
fceived at the treasury department with
much satisfaction, especially as it was
announced that Mr. Justice Jackson
will be present and take part in deter
minatfon-p- the question. This order
of. thescourt is regarded by some of
the officials as almost conclusive that
"a re-aEgument
8 WILL BE GRANTED.
!, Without amy positive knowledge on
sthe subject it seems to be the general
helief that Justice jackson is spredis-
posed in favor of the constitutionality.
sof the law and hence would be very
d likely To vOta for a rehea ring thuS