The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1895-04-24

WASHINGTON, April 23.-The United
States Supreme Court, through Chief
Justice Fuller, made the following
order in regard to the petitions for re.
hearing OF the income tax question:
1.-THE confederation Of the two petitions
for hearing Is reserved until Monday,
May 6. when full bench is expected,
and In that event two counsel on each
side will be heard at that time"
Although the order does not explicitly
so state, 1T means that argumen. will be
heard not on the merits Of the income
tax question iseelf. but on the question
whether or MOI thore shall be re-
hearing OF the suits heretofore decided.
This argument, IL is expected, will
include the extent to which the re
hearing shall go, that is, whether 1t
shall be confined merely to tho point on
which the court WAS evenly divided.
the constitutionalit Of the income tax
law as a whole, Or whether the whole
question shall be re opened and new
argument made on the question of
whether or not rents are exempt from
taxation, as to which there was clear
msjority OF the court againat this feat.
ure OF the TAX. 1t Is understood that
the decision Of the court to permit an
oral argument on the motion for q re-
hearing in these cases was not arrived
at until to-day, and this action WAS
based upon information received by the
Chief Justice direct from Justice Jack
son, indicating the probability OF his
being able to attend upon the sitting of
the court early in May.
After adjournment Of the court to day
Chief Justice Fuller said he had re-
ceived such information from Justice
jackson as to lead them 70 expect his
presence in Washington and TO count
upon his attendance upon the court by
the day set for argument on ,he petition.
1t Is understood that the decision of the
court to depart from It's almost un,
visibility OF re.heasinRs without invit4
ing further suggestion from counsel
than Is contained In brief written state.
ments. Is due to the appreciation which
the members have OF the vast import
ance OF the income tax cases, and to
their desire to have 1t understood by
the public that they are not disposed to
place any obstacle In the way, of the
fullest possible presentation OF the case.
Inc usual prscsice with regard TO Pc
titions for re-heariug Is to grant them
upon the motion Of one of the members
OF the court who has concurred in the
decision already made, but 1t would ap-
pear from the course taken in the prea-
ent instance OF submitting even this
preliminary matter to the full bench
that none of the Justices felt sposed
to make such mo,ion, and that the ar.
ranRement now announced was hit
upon as compromise. Justice Jackson
Will therefore virtually come into the
case as an umpire. Nothing Ia known
as to whether or NOT the e-heariug, If
ordered, will take place at this term of
court. Ordinarily the court would take
recess from May for two weeks and
then adjourn until next Oc,ober, but IL
Is within It's discretion 10 continue the
term indefinitely.
Without any positive knowledge on
the subject 1t eeema to be the general
belief that Justic' Jackson is predis.
posed in favor of the constitutionality
of the law. and hence would be likely
to vote for rehearing, thus mailing
clear majority in favor OF granting the
petitions .e-hesring is evidently
desired by the income tax officials "a,
with full bench there necessarily
will be full majority 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 court deciding ada
versely to the law, the officials feel lit
tie uneasiness They argue thas the
direct tax question, which some Nom.
bers of che court regarded as deeply In
volved, was hardly touched upon in the
argument OF the case on behalf of the
government. its counsel assuming that
the court could hardly desire disou ssion
OF subject which they thought by
reason OF long line OF decisions had
ceased to be an open question.
Senator Lindsay, of Kentucky, speak.
Ing on this matter TO day said: ''If the
federal government had not the power
to raise revenues by taxing incomes
arising from rents on real estate IN
the time OF peace, neither has IL thas
power In time Of war. II is most ims
oortant that the question shall be
hnally and conclusivoly decided by she
supreme court at an early day. II the
power does not exist 1t should be- sup
Piled by constitutions amendments.
Ebe civil war established the right of
the federal government to operate upon
individuals in the enforcement OF fede-
raj aushority. The governments should
have like power in the taxation of all
incomes"