The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-04-15
A Rehearing Renews Interest in
Justice Jackson
THE JURIST'S CONDITION
No Possibility of Another Argument
Before Fall
Some Technical Objections and Rules of Court
r1ay Result in the Refusal Of
Rehearing

WASHINGTON, April lathe deter
mination of the appellants in the income
tax case to secure a rehearing before a
full bench of the United States supreme
court. on the points on which the court
divided. has caused renewal of intarest
in the question of Justice Jackson s
health and the possibility of his return
to the bench at an early day. Late ad-
vices from Judge Jackson's home at
Nashville are that he is constantly i'm
proving, and that barring very annoy
ing cough, his physical condition is fairly
good. 1t is also stated from the same
source that he expects to be able to re-
sumo his duties as member of the court
at the beginning OF the October term.
There remains little more than a month
of the present term. and it is now sug-
gested that he may return for this brief
period.
In view OF the fact there can be no
possibility of another argument in the
case before next fall or winter this Is
equally true if Justice Jackson should
decide to retire permanently from the
bench, which. it is Understood. he has no
thought OF doing. In that CONTINGENCY,
however. the bench could not be filled be-
instance is known when a man noml-
mated for the supreme bench has taken
his seat before he was confirmed by the
senate. Congress will not convene until
next December. and under no circum-
stances would the senate be likely to pass
upon conf NATION of this magnitude
until after their Christmas holidays.
Action might. indeed, be postponed much
longer, and it possibly would be if the
predictions of the nominee should be
opposed to the income tax, as the senate
is committed to the law. 1t is also sug-
gesteu that justice who had not par
ticipated in the first hearing might feel
delcacy in sitting when the case was
under consideration the second time.
1t is quite possible that the petition for
a rehearing may not be granted. The
court S rule of procedure in such cases is
only to grant such petitions upon the re-
quest of member of the court who has
voted in oppositin' to tile wishes of the
petitioner.
Senator Chandler of New Hampshire
was asked today for his opinion as to
the suggestion of Assistant Attorney
General Whitney, that. the constitution
might be so amended as, to provide for the
imposition of direct taxes and replied:
ITO amend the constitution it is nee
essary TO secure two-thirds vote of con-
gress and then to have the amendmpn t
ratified by the state legislatures. i think
it would be,aimpracticable D to- do. that.
There never has, been any amendment
to the constitution except OF negative
charactcr-none providing for modes of
government and with the increasing
members in both houses of congress and
the growth of the United States, it be-
comes more and more difficult to secure a
change. Furthermore, | do not think
an amendment of the constitution is
NEEDED to secure valid income. law. 1t
can be had by apportioning the tax
among the states in proportion to popula-
ton, and | am inclined to think that
since the decision of the supreme court
there will be an effort i'll that direction at
the next session.