The Owyhee nugget. ([Silver City], Idaho) 1905-1984, 1910-07-14
Chief Justice Fuller Dead.

Melvin Weston Fuller, chief justice Of
the United States Supreme Court, died
suddenly of heart failure at o'clock,
Monday morning, July 4, at his summer
home in Sorrento, Me-, five miles from
Bar Harbor.
News Of the passing of Chief Justice
Fuller came as q shock to everybody, as
the very latest reports from him, despite
his ~ years, contained no word of COM
plant or other hint he was not in his
usual condition of excellent health.
Probably never in the history of the
Supreme Court has that body had in hand
so many cases of tremendous and far
reaching importance as now are awaiting
adjudication How far the removal of
tie chief justice will complicate matters
and how far the personal equation" and
general point of view of his successor will
affect the ultimate fate OF the deep-lying
national problems that now face the court
are questions that are being discussed
with deep interest.
The chief jnsticeship now to be filled
marks the third vacancy caused by the
same agency within comparatively few
months. If Associate Justice Moody re-
tires under the special act of the recent
session of congress granting him that pri-
vilege-as is expected-there will be two
positions to fill in the immediate future.
This will make four Taft appointments to
the Supreme bench within the first half
of his term in the White House. There
are nine members of the court, and as the
chances are at least even that another va
cancy will occur before the expiration Of
the Presidents present term Of office, the
rare duty of naming majority Of the
highest tribunal of the land is likely to
fall to his lot
OF more immediate Importance to the
administration, however, and to various
lawyers and interests, is the practically
unprecedented situation that will exist
when the court meets in October for the
i fall work. Cases Of the greatest economi-
cal and political concern are pending for
adjudication that already have been post
poned by reason of a divided and Grip
pied bench. Already having been argued
and the decisions expected months ago,
these cases were assigned for rehearing.
The cases of moment are the tobacco
cases, involving the validity of the so
called tobacco trust; the Standard oil case
in which the main question at issue is the
dissolution of the greatest corporation in
the land; the corporation tax cases, in
volving the validity OF the section Of the
Payne Aldrich tariff law which imposes
an excise tax on the net earnings of all
corporations and provides for publicity as
to the affairs of the corporations, large
and small, irrespective of purpose or
character
At almost the first sitting Of the court
after the recent death of Associate Justice
Brewer, rehearing of the antitrust cases
was argued and the assumption was that
with the vacancy then existing the court
stood four to three on these cases, one
way or the other. 1t was distinctly stated
/ in connection with the order for a second
arguing Of the corporation tax cases on
! the last day of the session this summer
that they were restored to the calendar
''for rehearing before full court."
This signifies the same four to three di-
vision, and emphasizes the courts opin-
ion that the extreme Importance of the
suits in the eyes of the country demand a
! decision that would be beyond criticism,
Singularly enough the last announce
ment that Chief Justice Fuller made from
the bench upon which he has presided
for more than score of years was thai
: regarding the rehearing of the corpora
j, ton tax cases. The antitrust cases haC
q been set for argument on Nov. IA next