Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-11
DOUBTFUL IF REHEARING
WILL BE AT THIS TERM
Government Attorneys Disappointed
at Action That Dashes Their Houes.
MAY AWAIT NEW JUSTICE
Wall Street Prices Bound UP on
Postponement Of Decision as to
Tobacco and Standard Oil
Companies.

The Supreme Court Of the United States
today reassigned for argument the cases
OF the United States against the Amer ,
lean Tobacco Company and the Standard
Oil Company.
The reargument of these cases comes m
the direct result of the death of Justice
Brewer, who died just a few days after
the Standard Oil case had been argued
AS Justice Moody was unable to par
icipate in the consideration OF these
cases only seven justices were left to give
a decision.
How the court was divided in regard to
the decision is as much a mystery this
afternoon as before the assignment of
the cases for reargument. 1t is believed.
however, that the court was evenly divid-
ed or almost SO. and that IL was prob
ably loath to give the country a decision
which was not supported by a majority
Of a full cocrt.
The fact that the corporation tax cases.
were not set for reargument Is taken to
mean that decision will be announced
in regard to the constitutionality OF the
law authorizing the tax within a short
time.
Government Attorneys Disappointed.
The announcement by Chief Justice Full
Ter that the cases had been restored to
the docket for reargument came al q
complete surprise to the government at
torneys
Attorney General Wickersham and So
ncitor General Bowers were in the court
and listened with mazement to the an
nouncement. which put an end to their
fo h Ia hof tt,,, ho1 oil f1xr
made up it's mind I'm the cases and deci-
sion favorable to the government was
likely to be announced within the next
few weeks.
Attorney General Wickersham remarked
after he left the courtroom today that
there was nothing to be said at this time
concerning the courts announcement The
Attorney General made concealment Of
the fact that he was surprised, but he
had no comment to make.
Solicitor General Bowers, when seen
after leaving the court, also declined to
make any comment. further than to say
that the date for reargument will have
to be determined at the conference among
the parties interested and after the con-
ference of the court.
The courts action was equally surpris-
ing to all the lawyers who have been fol-
lowing these cases. The consensus Of
opinion was that the court had practically
agreed upon a decision and that its opin-
ion would be announced before the end
Of this term.
No Date for Rehearing.
The court in announcing the reargu-
ment Of the cases made no suggestion a.
to the time for the arguments A date
will be decided upon after a conference
between the government and the attor-
neys for the cases, subject to the approval
Of the court.
In Supreme Court circles today It was
thought extremely unlikely that the court
will consent to rehearing until the va
cancy has been filed occasioned by the
death of Justice Brewer.
1t is doubtful furthermore whether the
rehearing will be held at this term OF
court, which comes to an end May 30,
with a two-week recess yet to come.
No one could venture an opinion today
as to the significance of the rearguments
upon the attitude OF the court toward the
cases. 1t was generally supposed that the
court desires to avail itself OF AZ near a.
full bench as possible i'm deciding upon
these cases. the Importance Of which 10
the industrial and business elements OF
the country is recognized on all sides.
1t Is understood that the President will
fill the vacancy within month and that
the new man on the bench will pArtici-
pate in the rehearing. This view Of the
against the chance of the appointment of
Solicitor General Bowers to the VACANCY,
inasmuch as Mr. Bowers participated in
the preparation of the cases and would
not feel, it is thought, that he should sit
in Judgment upon his own work.
Todays action, 1t Is generally regarded.
also puts Judge Sanborn and Judge Van
devanter, members of the circuit court
which passed on the Standard Oil case,
and mentioned for the vacancy, out OF the
class OF possibilities.
The President will be urged to fili the
vacancy before the Senate adjourne this
summer, it is believed. so that the cases
may be reargued at least early next Oc-
tober Should the appointment not be
made until after adjournment the cases
would probably not come up again until
next December. az only one man has ever
sat on the bench OF the Supreme Court OF
the United States until after confirmation
by the Senate.
President Taft had no comment to make
over the decision of the Supreme Court.
It is believed that he had been apprised
early in the day Of the decision Of the