St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-15
JUSTICE JACKSON is BETTER
But He Will Not Be Able to Go
on the Bench Again This
Term.
THE REHEARING PETITION
Nav Not Be Granted--Senator
Chandler on Income
..-..- Taxes.

WASHINGTON, April IA. = The
determine of the appellants IN
the income tax case to secure re-
hearing before a full bench OF the
United States supreme court on the
points on which the court dlVldeo
has caused a renewal of interest IN
the question of Justice Jackson's
health. and the possibility OF his
return to the bench at an early
day. Late advices from Judge Jack
sons home at Nashville are that he
is constantly improving, and that,
barring a very annoying cough, his
physical condition is fair. 1t is also
stated from the same source that
he expects to resume his duties as
a member of the court at the be-
ginning of the October term.
There remains only a little more
than month of the present term, and
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 Judge Jackson should decide
which it is understood he has no
thought of doing. In that contingency,
however the bench could not be filled
before the assembling of congress. No
instance is known when a man nomi-
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
In ta ha
likely to pass upon a nomination of
this magnitude until after the Christ
mas holidays. Action might indeed be
postponed much longer, and it pos
sibly would be if the predictions of
the nominee should be opposed to
the income tax. as the senate is com
mitted to the law. 1t is also suggested
that a justice who had not partici-
pated in the first hearing might feel
a delicacy in sitting when the case
was under consideration the second
time 1t is quite possible that the petit
ton for a rehearing may not be grant
ed. The courts rule of procedure in
such cases is only to grant such petit
tions upon the request of a member
of the court who had voted in opposi-
ton to the wishes of the petitioner
CcitdlOI 1lidHulSI, VI NEW q
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
necessary to secure a two-thirds vote
of congress and then to have the
amendment ratified by the state legis-
latures. 1 think it would be impracti-
cable to do it. There have never been
any amendments of the constitution
except of a negative character, none
providing for modes of government,
and with the increasing members in
both houses of congress and the
growth of the Union in states 1t be-
comes more and more difficult to Sc
cure a change. Furthermore, I do not
think an amendment of the constitu-
ton is needed to secure a valid income
tax law. It can be had by apportion-
ing the tax among the states in pre-
portion to population, and 1 am in
clined to think that since the decision
of the supreme court there will be an
effort in that direction at the next ses-
sion."