The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-04-22
MAY ASK FOR REHEARING.
Expected in Washington that Whis-
key Houses will Petition Su-
pren1e Court.

A Washington special to The News
and Courier says that it is rumored
in Washington that the Wilson Dis
tilling Company and the Fleischman
company, who recently lost their
case against the dispensary commits
sion in the United States supreme
court, may ask for rehearing before
the time for issuing the mandate ex-
pires-30 days from the time Of rem
dering the decision.
The special says:
THE rules of the court prescribe,
ordinarily, that it's mandate shall not
issue until a full month has expired
after the announcement of the deci-
sion in order that petitions may be
filed for rehearing, and as rule
these petitions are not fled until the
very last day-as was the case with
the Waters-Pierce Oil Company,
which was recently ousted from the
State OF Texas and fined large
amount in addition, and other cases:
Recently that company filed a brief
asking for a re-hearing and it is be:
ing rumored to-day 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 it is
recognized that this case is one of the
most important decided at the pres
ent term of the court. =.
'If this step is decided upon it will
probably tie up the whole matter un-
til next fall, because the petition
would not be fled until the last day,
which would be May s. AS the court
will adjourn for it's summer vacation
about May Is, it is almost certain
that the petition would not be taken
up for consideration until fall, as
every effort is now 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 carried 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
practically ousted, the dispensary
commission would be powerless to act
until either the petition for re-hear-
ing 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
a new court in the fall by the new
appointees who will probably take the
place of Chief Justice Fuller and AS
sociate 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 would
have no effect on the case one way or
another because he took no part in
the recent decision, having previous
ly sat on the circuit court Of appeals
bench in Richmond, there is always q
possibility that a decision reached by
one court may not be reached by an
other when there has been a change
in it's membership In addition to
this, rehearing would give the Will
son and Fleischman attorneys an op-
portunity to cover any weak spots In
their case that might have been neg
lected in the former arguments. Al
though apparently there would be lit
tie reason for them to hope for re-
versal, Justice White having reached
the decision that the case should be
reversed on the broad ground that,
being suit against the State, it 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 sum-
mer vacation, and in these changes
there is a possibility that the decision
Just rendered might be upset"