The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-04-11
Justices Said to Be Divided
in Oil and Tobacco
Suits.
WOULD HAVE POINTS
GONE OVER AGAIN
Date of Argument Open and De-
ciSion Not Expected Be
fore Winter.

The Supreme Court today, through
Chief Justice Fuller. ordered reargu-
ment OF both the Tobacco trust case
and the Standard OIL case
No date was fixed for the argument OF
either case. Nor cid the court assign
any reason why it wanted TIT. cases re-
argued There IS no doubt, however.
that the court found itself so divided
that it was deemed inexpedfent and
unv-ise 70 hand down q decision in either
OF these great suits.
II is generally believed that II viii
be impossible for either OF the cases TO
be reargUed before next October. Al
that time II Is expected there viii bs =
fun bench OF nine justices. Since the
death OF Justice Brewer there have nor
been but seven justices able for duty. ss
Justice Moody has not recovered from
his long illness He is expected TO be
able 70 return 10 the bench bv the he
ginning Of TIE October term and II is
also expected that President Taft VIII
BY that time have appointed a successor
to Justice Brewer.
Attorneys Surprised.
The attorneys for the Government
we're greatly surprised at the an
nouncement THAI the court would re-
9uire reargurles-t or the cases Tbav
had expected decisions within = fsw
weeks President Taft. himself has
tod callers recently that he had no
ioea the cases would have TO be re-
7F-h.le- ele court haz given no reason
.of Iis Setlon. IT IS generally be-
iIeVed that "a found itself. divided 10
on the Tobacco trust case. ana 10
on the Standard OH case fseb Or
these cases was argued 10 eight ms
tees Before his death. Justice
Brewer IS supposed TO have voted nj,
the tooacco trust case. Presums bIv.
that made the court stand evenly di-
Tloed It is not believed that Justice
Erewer voted on the Standard on
case, and II Is supposed that with him
removed from the bench. the conf
STANDS ( To on the Standard Oil case
II has been recognized from the first
tnat for the court 20 hand down an
opinion without at least i've Of the
justices beirs on one side would mere
y open the way 10 endless contention.
Decision VIII Be DELAYED
Lawyers generally say that If the
court is evenly divided. or approxf77zte-
y SO, II is the part OF wisdom TO or5e-
reargument-
Senator Bailey, who was IN the court
room AT the time Of the announcement
was Of the opinion that the court found
itself nearly evenly divided. He thought
under the circumstances that IL was
best to have the cases reargued.
The fact that the cases have zone
over for further hearing before the court
is expected TO intensity the interest in
them It Will also add interest 10 the
question Of who is 10 be appointed 20
succeed Justice Brewer II IS probable
that the fate Of these two cases rests
upon the kind Of a judge President Taft
chooses TO MI Justice Brewers place
II probably win be the middle Of next
winter before decisions in either OF theSe
cases VIII row be possible
May Not Come Up This Year
One OF the possibilities IS that eithe-
the tobacco case nor the oil case viii
be reargued until December or January
In that case decisions VIII not be forth
coming until next spring II the cases
are taken up in the regular order on the
docket rearguments viii not be had un-
til December OF January In view o.
their importance, however, the court
NAV advance them so as to hear them
early in the October term
Attorney General Wickersharu viii
soon confer with the Government spe-
cial council and with the attorneys for
the standard Oh Company and the To-
bacCo trust as to the time which VIII be
most satisfactory for rearSuTnent-
If President Taft delays appointing
new Justice until next TAU Il viii not De
possible to resrEue the cases until next
December for the reason that the new
Justice viii not sit on the bench until
he has been confirmed
A number of candidates for the Su-
preTne Court vacancy who have parti-
cipated in the tobacco case or the
Standard oil case in one way or another
have beer. practically EUt out OF the run
ming to succeed Justice Brewer
These include Solicitor General Bow
ers and Attorney General WickerShaTn,
and Judges SanbOrn and Nandevanter-
all Of whom have been mentioned for
the position