New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-24
INCOME TAX REHEARING.
COUNSEL ON BOTH SIDES WILL BE
HEARD on MAY 6.
AN INNOVATION IN THE PRACTICE OF THE ST.
PREME CoURT-JuSTICE JACKSON EN-
PEC-rED TO BE PREsENT-F FIRST
INCOME TAX RECEIPTS.

PEC-rED TO BE PRESENT-FIRST
INCOME TAX RECEIPTS.
Washington April 23-At the opening of the Su-
premc Court OF the United States this morning
Chief Justice Fuller made the following announce
ment:
The consideration OF the two petitions for re-,
hearing OF the income tax is reserved until
in that event two counsel on SIDE VIII De near
at that time This statement does not mean thht a
rehearing of the cases has been granteu-onIy INA
on that date the court will hear counsel upon the
question whether or not "A rehearing snail De
The announcement Of the Chief Justice was made
after hours consultation In me c9hIer sn,
day. II is assumed that al TINS consultation con-
ditiona assurances given OF Justice Jack son
il is not certainly established he will he present Is
evident from the Justices manner of making .!!he
This action of the Supreme Court OF the United
States Is unprecedented In ITS history sIhce ,ns
practice with respect of petitions for reheafing
was established and it Illustrates the fact that
the august tribunal does Cnange ltS IN rrs p
Years ago the court knew no SUCH thing as q p.
ton for rehearng IN soS IN Ima case Sc 9 reform
decree OF the court. which was In effect n petluon
for eheanE and on thnt occasion non Dgrsoen
motions or petitions for rehearings occurred; put
they were always frowned upon ana IN dS's 1 ,hs
was in the case Of Walker against the pubbicc
h Of s sou OF It's own " dd direct
a rehearing of The argument. IL would De III ordei
for counsel TO present petition therefor. without
argument together with n brief setting forth me
grounds upon which the petition was asked but
II was not until 1884 that the rules OF the court
were changed to include petitions for rehearlhg
As stated. 1t does not 10y any means follow mat
the petition for rchearng Will be granted afer IL
has been argued. What impeled the court TO
order the declaration made by the Chief Justice To-
day s solely a matter OF speculation. BY some X
Is believed that the eight justices are still divided
equally upon the controversial points in the law. ana
tha, Justice Jackson will have 10 determine their
concttfutiOualiiv unCunStt1tOnaUty
chief Justice Fuller stated 10 a reporter Tor the
United Press after adjourned that he had 70
ceived letter from Justice jackson In which the
latter said he would try to come TO Washington ana
listen to the argument upon the petition Tor re-
hearing OF the cases. ,
During the last two months-February and March
-NSs 70 has been pail into the treasury on ac-
count OF the income tax. as fp.lows: FROM pr
sons. SO go 10; from corporations $40 90
March the income tax collected amounte1 10
SIC s39 g. -. -,
by Internal Revenue Commissioner Miller snow that
the receipt, from Internal revenue sources Tor the
nine months ended March 81. were N"'""o!o' an
Increase over 1894 Of 81 so le3 %, IA follow Spirits
U.s. .2 $50 an increase OK so739 tobacco !.Iv.26
an Increase Of s9il G25. fcrmcntcd liquors NIS'%'.
a decrease OF S3i9 2l6: ol,Omargnrine Mn le-
crease OF s2t2. 1872 and miscellaneous N'02" an m
crease Of S6J.J5l. ..o.,,--
The receipts Tor tho month - March were S23o.S5
lees than for March lHi