The citizen. (Honesdale, Pa.) 1908-1914, 1910-04-13
Bic TRUSTS WIN.
Rehearing In Tobacco and
Oil Gases.
U. S. SUPREME COURT DIVIDED
Death of Justice Brewer, Who Was
on Side of Government, Gives
Lurton Deciding vote-Ap-
pointment Awaited.
y. S. SUPREME COURT DIVIDED

Washington, April 12.-Chief Justice
Fuller announced in the supreme court
Of the United States that the suits of
the government for the dissolution or
the Standard Oil company and the
American Tobacco company had been
assigned for rehearing The an
nouncement means that the arguments
will be heard all over again some time
next fall, and it also indicates from
tbe peculiar circumstances connected
with the matter that the Standard OIL
company and the American Tobacco
company are the winners in the htiga-
tion up to this time.
The supreme court will adjourn May
81 1t will be impossible TO take up
the cases before that time, so the re-
argument cannot be heard before late
next fall. A decision of the full court
may not be reached before early next
year.
Justice Lurton. the newest associate
supreme court justice, was, ii is de-
slared, mainly responsible for the de-
sision of the court to reconsider the
enc of the four who favored decision
m favor Of the government and JUS
tice Lurton, with three other members,
was of the opinion that the fnal de-
cree should be for the trusts.
The death of Justice Brewer left
the balance on the side Of the trusts.
Then Justice Lurton asked for re-
hearing, feeling that since he held the
deciding vote and was q new member
Of the court without any precedent to
= sustain his position it would be best.
If the decision had been rendered
adverse 10 the government announce
nent of that decree from the bench,
with the vote. would have immedi-
ztely disclosed the fact that Justice
burton held the deciding vote. The
junior member of the court did not
care to have this appear
Justice Lurton's request was acced-
ed to by three other members Of the
bench-the majority necessary.
Any litigation affecting the United
States Steel or any of the other big
corporations will now go over until
the tobacco and oil cases are finally
disposed of. No matter what the de-
cisiOn of the United States circuit
court of Utah in the UnionSouthern
Pacific merger it cannot be carried
TO the supreme court until the other
two cases are ended.
The decision that there must be a
reargument was vital blow TO the
government officials. They looked for
decision in favor of their interpreta-
zion of the Sherman law by an almost
unanimous court, and the knowledge
that the supreme tribunal is now hope
lessly divided came as terrible shock
There can be no reargument in the
case until the vacancy on the supreme
court bench is filled. and considera
tion of this vacancy will be of su
preme Importance.
President Taft will appoint sue
cessOr to Justice Brewer before tn,
present congress adjourns The i'm
preston here is that the president vii
offer this important place to Governor
Hughes of New York. In fact, it has
been reported that Mr.. Taft took steps
a few days ago to find out If the gov
ernor would consider such an appoint
ment Several of Mr.. Taft's friends
predict with confidence that Governor
Hughes will be named if he is dispos
ed 10 accept