The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-04-24
Consideration for a Rehearlng
Reserved
WORDS FROM THE BENCH
Attorneys TO Be Given Chance to Tell
Their Story
1t Is Understood That the Suprems Tribunal
VIII Depart From Its Custom and
Listen to Lawyers Again

WASHINGTON. April 23.-The United
States supreme court today. through Chief
Justice Fuller. made the following order
regarding petitions for rehearing of the
income tax question: Consideration OF
two petitions for rehearing is reserved
until Monday. May 9th, when full
bench is expected, and in that event two
counsel on side will be heard at that
time" Although the order does not ey-
plicitly state. it means argument will be
heard, not on the merits of the income
tax question, but on the question: whether
or not there will be a rehearing, such as
was heretofore decided. Justice Jackson
is expected to return by the date named.
Gentleman familiar with the procedure
of the court for many years can recol-
lect but one instance in which like action
was taken. That was in the seventies.
1t is understood the decision OF the
court to permit an oral argument on the
motion for a rehe ,ring in these cases
was not arrived at until today and that
this action was based on information re-
ceived by the chief justice direct from
Justice Jackson indicating the probable
ity of his being able to attend sitting
OF the COurU early III MAY.
The news of the action of the court
was received at the treasury department
with much satisfaction, especially as it
was announced Justice Jackson woul
be present and take part in the determl-
nation of the question.
Without any positive knowledge on the
subject it seems the general belief that
Justice Jackson is predlsposed in favor OF
tie constitutionality of the law, and
hence would be v cry likely to vote for
rehearing, thus making clear ajority
in favor of granting the petition. A re-
hearing is earnestly desired by the in
come tax officials
1t is understood that the decision of
the court to depart from its almoso un-
broken custom of deciding upon the advis.
ability of rehearing without Investigating
further suggestion from counsel than is
contained in brief written statements is
due to the appreciation which the men,
bers have of the vast Importance OF the
income tax cases and to their desire to
have it understood by the public, that
they are not disposed to place any OBJ
struction in the way of the fullest posi-
BILE presentation of the case. The usual
practice with regard to petitions for re-
hearings is to grant them upon the mo-
ton of one of the members of the court
who has concurred IN the decision already
made, but it would appear in the case
taken in the present instance of submit
ting even this preliminary matter to the
full bench. that none of the justices feel
disposed to make such motion and that
the arrangement now announced was hit
upon as a compromise. Justice Jackson
will therefore virtually come into the
case as an upmire.
In the meantime the original decision
will be allowed to stand as the law and
it is understood the full text of the chief
Justices opinion will soon be given to
the public. Ordinarily the court would
take recess from May 9Th for two weeks
and then adjourn until next October,
but it is within its discretion to con
tinue the present term indefinitely and
1t is not impossible it may extend the
term in the event Of rehearng being de-
cided upon, especially if it should APP
pear upon Justice Jackson's arrival that
his health is sufficiently robust to permit
him to take on himself the responsibility
of sitting through an argument on the
merits of the case and the extra work of
: assisting in the preparations of de-
cision, as with full bench there neces-
sarily will be full majority either for or
against the law, which would certainly
have the effect of doing away with the
vast amount of litigation now promised.
AS to the chances of the courts deciding
adversely to the law, the officials feel a
little uneasiness. They argue the direct
question, which some members of the
court regarded as deeply involved was
hardly touched upon in che argument of
the case OH behalf of the government, its
counsel assuming the court could hardly
desire decision of a subject which they
thought by reason of a long line of de-
!, cisions has ceased to be an open question.
! Senator Lindsay OF Kentucky, speaking
on this matter. said:
IF the federal government has not the
power to raise revenues by taxing in
comes arising from rents of real estate in
time of peace, neither has it the power in
time of war. If the power does not exist
it should be supplied by constitutional
amendment. The civil war established
the right of the federal government to
operate upon individuals in the enforce
ment of federal authority. The govern
q ment should have like power in the taxa
i ton of all incomes