New-York tribune., 1910-04-12
ANTITRUST CASES
ORDERED REARGUED
tction of the Supreme Court
Great Surprise to the
Government.
SEVERAL MONTHS DELAY
p-ssident Not Likely to Fill
Vacancy Before End of This
Session Of Congress,
However.

-. NJ the United states to-day or
- she cases OF the government
ms, the standard oil Company and
= .,,e-ican Tobacco Company rear
- before that tribunal. This order
~, - a complete surprise 20 the gov
.-.,,,sD, which was represented in the
-. b., tbe Attorney General and So
- General Bowers. II is the con-
sensps OF opinion that the court was
:, e,enlv divided on these cases il
s,sr,ed IL unwise 10 render decision
-, TAO vscancies existed. Justice
voosy-s seat being temporarily vacant
,.,.,usc Of his prolonged Illness. The
O., that the corporation tax case is not
,-sered 10 p, reargued is generally taken
81 ,ndi...to that "a decision has been
..sebed and thar probably il was voted
an 1,, Justire Brewer before his death.
There i> much speculation regarding the
likelihood of the trust cases having been
,otes mn. as Justice Brewer WAS present
81, ,he meeting az the justices on the
saturday following the argument OF the
,.ra,co case. and many are disposed 80
he,isve that the court was divided even
d, Tho Law officers of the government
"a, r,prs disappointed at the order for
q rehearing.
Tho Attorncy General ana the counsel
Car the corporations viii meet at the
earliest opportunity 10 determine on
sate on which the Arguments may again
be made. but it is expected that much
vu deuend on the course 81 the Presi-
don't on course. any agreement reached
ty counsel viii Dc subject to the APP
r-5yal of the court.
Court edjourns or Nay 81.
As the court has announced that il
pM hear no arguments after May l6
ana as il has set May Il as its date for
sd,ou-uinE for the summer recess. il
NAY not be possible 10 reargue the trust
cases until the october term.
The laV officers Of the government
would like 10 see these cases decided at
the earliest possible date. but it is broad
d mumated al the White House that
ibe action ~ the court viii make no
difference In the purpose 81 the President
rot O. nominate successor 10 Justice
Brewer until toward the close Of this
session cod Congress.
The President Is understood to have
uader consideration the names Of Judges
HiScock crane Andrews and Tompkins.
o. the supreme Court Of New York:
judsos Bradford. - Delaware. HOOK. of
Kansas. Van SAINT. of Minnesota: Deem
e. ~ Iowa. and SVayze. Of New Jersey:
Governor Hughes of New York and
solicitor General Bowers. In the alb
sence ~ plain iutmation 81 the Tur-
Jose ot the President. Mr. Bowers is re
gsrded as tho most probable candidate.
II is asserted al the Department Of Jus
u1l that be- has had no part in the prep
araton of either Of the trust cases. hav-
lg confined his abilities 70 the prepsra-
ton and argument u the corporation tax
cese
Persistent Tsft's Position.
When t Was announced that rehear-
ns 81 the cases would be necessary. the
S'' vas aTa"n Did many quar-
'-Fs that this decision practically elimi-
hated Circuit Judges Tandeventer and
Sanoo-n and Solicitor General Lloyd W
Bowers from consideration as Justice
breVer's successor. This was based ola
-' iaei That the t"o judges had passed
Upon The cases which are 20 be recon
tidered and that N- Bowers assisted in
Ut preparation ~ fho governments case.
inquiries "a, The White House later in
1f da' however. DEVELOPED the fact
'ie' President Taft is taking the posi-
-oA lhat II nau Doc deemed NJ for the
supreme Court n'uch The fact that h.
i'sseu "n pending cases in "a lower court.
O. assisted IL. -.... rreusr,.ti,, ,.f q rans-
~ osse iu any way. should not be a
'' To- 1is appointment II was stated
t's'l'ef thar this announcement of the
i''silents nion. however. Was not in
' interest ~ amy candidate.
'' one DOB fEo country has = higher
gi'n.on ~ me federal courts than Pr,esi-
-' lsil and De- believes that 4 man
enough o. be- available material for
"'snest court in the land is big
-eh o. pass Justly on any pending
'' .ii rnatan from the White House
leaves Judges Nandeventer and
+. ''ofE and Solicitor General Bowers in
ao'
New yo,L ,,.... p.;.;
'e" York is clamoring for recognition
h b., -,-. '''s O'ei DiSaI I'o'ii'ed