The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1895-04-26

WASHINGTON, April 24.-It Is under
stood that the decision Of the supreme
court 10 permit an oral argument on the
motion for rehearing in the income
tax cases was based upon information
received by Chief Justice Fuller direct
from Justice Jackson, indicating the
probability of his being able TO attend
upon the sitting of the court early III
May
1t is understood that the decision of
the court TO depart from its almost un-
broken custom of deciding upon the a'i-
visibility of hearing a motion FOR re-
hearings, without inviting further SuG-
geStiOns from counsel than l. contained
IN the brief written statements hled III
these cases Is due u the appreciation,
which the members have of the vast I'M
portauce OF the income tax cases and to
their desire to have IL understood by the
public that they are not disposed TO
place any obstacle III the way of the
fullest possible presentation of the cast
In the meantime the original decision
will he allowed 10 stand as the law,
and II Is understood that the full text
of the chief Justice : opinions VIII soon
be gwen 10 the public.
NDEln4 Il hllpN II III 10 NllttntI VI
not. if a rehearing Is ordered, it viii
take place at this term of court Drd!H-
ariIv the court would take a 7, cess from
Nav 9th for two weeks and then ad-
JUuru until next October. but II -
within its discretion to continue the
term Indefinitely. and 1t l. not I'M
possible that Il NAV be extended III the
event Il rehearing Is decided upon.
especially If it should appear upon JUS
tice jackson : arrival that his health l.
sufficiently robust to permit nm 70 take
upon himself the responsibility OF sit
ting through an argument Oh the meT-
its of the case and the extra work Of
assisting in the preparation of a de
Cislon The strong desire of the gov
ernment and of the public for final
judicial settlement of the income ta\
question may influence the court to de-
part from it. custom and sit later than
the month of May.
The news Of the action of the court
was received at the treasury depart
meHt with much satisfaction, especially
as il was announced that Mr.. Justice
jackson would be present and take part
In the determination of the question.
This order Of the court Is regarded by
some of the officials as almost cOnclU-
slve that d reargument viii be granted
Without any positive knowledge on the
subject, 1t seems to be the general be
lief that Justice jackson Is predIsposed
III favor of the COustItutIOnaIty of the
law, and hence would be very likely 10
vote for a rehearlng. thus making Il
clear majority in favor Of granting the
petition rehearing is earnestly de
sired by the income tax officials as. with
"a fun bench. there necessarily would b.
a full majority, either for or against the
law, which would certainly have the eft
feet 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 unea--
mess. They argue that the direct tax
question which some members of ths
court regarded as deeply involved WI
hardly touched upon IN the argument
of the case ON behalf Of the govern
ment. its counsel assuming that thC
court hardly desire discussion of a SuI
ject which they thought by reason Of 3
long line of decisions had ceased TO bs
an open quest on.