Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-04-20

A Washington special to the News
and Courier says that II Is rumored In
Washington that the Wilson Dfstilling
company and the Fleischman compa-
ny, who recently lost their case against
the dispensary commission In the
United States supreme court, may
ask for a rehearing before the time
for issuing the mandate expires-30
days from the time Of rendering the
decision. The special says: 1.-The
rules Of the court prescribe, ordinarily,
that its mandate shall not issue until
full month has expired after the an
nouncement of the decision in order
that petitions may be filed for rehear-
ing, and as a rule these petitions are
not filed until the very last day-as
was the case with the Waters-Pierce
Oil company, which was recently ous-
ted from the state of Texas and fined
large amount in addition, and other
cases. Recently that company filed a
brief asking for rehearing and 1t Is
being rumored today that such step
may be taken in the dispensary case.
In fact, such procedure is rather
| looked for around the clerks office of
the supreme court, because 1t fs recog-
nized that this case Is one Of the most
important decided at the present term
|
upon 1t will probably tie up the whole
matter until next fall, because the pc
tition would not be filed until the last
day, which would be May 5. AS the
court will adjourn for its summer va
cation about May Is, 1t is almost GER
| tain that the petition would not be
taken up for consideration until fall,
as every effort Is being made to get rid
of the cases that have already been
argued at this term, in order that as
few Of them as possible may be car
ried over. Such a course would mean
that the whole matter would stand In
statu quo for the present and that
while the receivers would be practical
ly ousted, the dispensary commission
would be powerless to act until
the petition for rehearing had been
acted upon one way or another.
Just what would be gained by this
move except the possibility of getting
a reversal of the present decision by
q new court in the fall by the new
appointees who will probably take the
places of Chief Justice Fuller and Asso-
ciate Justices Peckham, Harlan and
Brewer-who are expected to retire
during the summer vacation, Is not
now known. While the retirement of
Chief Justice Fuller from the bench
1 WOulu nave SllSSk oii ilie SooS OiiS
way or another because he took no
part in the recent decision, having pre-
viously sat on the circuit court Of ap-
peals bench in Richmond, there Is al
ways possibility that decision reach
| ed by one court may not be reached by
another when there has been a change
in its membership. In addition to this,
a rehearing would give the Wilson and
| Fleischman attorneys an opportunity
| to cover any weak spots in their case
| that might have been neglected in the
former arguments. Although appar-
emily there would be little reason for
| them to hope for a reversal, Justice
White having reached the decision that
the case should be reversed on the
broad ground that, being suit against
the state, 1t had no standing in court
The president is almost certain to
make one or two changes in the per-
sonnel of the court during the summer
vacation, and in these changes there
is a possibility that the decision just
rendered might be upset"