The Camden chronicle. (Camden, Tenn.) 1890-current, 1910-04-22
DEATH OF JUSTICE BREWER MAY alter
RESULT OF Big TRUST LAWSUITS
Whether Standard OIL and Corporation Tax Cases Must Be Rear
gued For Benefit of New Member Depends Upon Existing Status Be-
fore Supreme Court--DeCisons May Be Delayed Until FALL

WASHINGTON, d. C.-Three impor-
tant causes now awaiting determina-
ton by the United States Supreme
Court may be entirely changed in
their progress and final results in
consequence of Justice Brewers sud
den death. These are the Standard
OIL Tobacco and corporation tax
cases. This litigation may be af-
fected by Justice Brewers demise in
two ways:
/. A rehearing of oral arguments
may he required in one or all Of the
cases.
2. Delay in reaching final deci-
sion may follow because of the part
taken by the late Justice in moulding
the conclusions arrived at by the
Court-if that stage was passed.
Under no circumstances will it be
necessary to institute new proceed
ings or bring any Of the cases now
pending through all the processes OF
the lower courts. The Department
of Justice will be in no way affected
by the present situation. 1t is one
with which the Supreme Court alone
can deal. The surviving members
must determine for themselves
whether a rehearing Of arguments
IS necessary in one or more Of the
cases. Such conclusions will depend
entirely on the status of the various
suits.
= 1t is the supposedly .invariable GUS
tom of the Supreme Court to as
semble on the Saturday following the
termination of verbal arguments IN
any specified case. vote Is tnen
taken and some justice is designated
to formulate the final opinion OF the
court. This procedure is belleVeu
to have been followed in the Stand
ard OIL tobacco and corporation tax
cases, more than one Saturday having
elapsed since the final argument III
the cause last heard.
IF the court divided evenly in the
Standard Oil case, Justice Brewer
voting against sustaining the Govern
inent's contention, rehearlng Woulo
not be required, as the Government
would win with a divided court; II
1Iustice Brewer voted in favor of the
Government, a rehearing would De
essential. If the vote stood D TO 3
either for the Government or inc
Standard Oil Company, there woulo
he no necessity for rehearing unless
iJustice Brewers vote was such as &c
remove the Governments possible
chance of getting the decision by
divided court. ,.e.+ 4,
THE tobacco cases are different II
MANY respects from that OF the Stano
ard oil, The decision of the lower
court was mixed, and both the GOV.
ernment and the Tobacco Trust tool
onnea1s It is not considered prop
ohie that Justice Brewers vote coul'
have been such as to render essen
tial a rehearing of arguments II
these cases. 4,o oornoro
a.. TOW cases. The Government
would Won not win by a divided cour
and there seems to be no cnance y
e.,h;ob the vote of Justice BreWe
on,,1d affect the result in such wa
y. +o make a rehearing necessary
"' IN some quarters it is not belleVe
.bot the court took a vote on u
Saturday, 4 Following the Standard ~
and corporation tax cases, ana ths
.ho natter of decision is sui opel
Inc ttornev General Wickersnal
said: os.;hi,itv of Jul
..o.. prewer's death. causing rehea
s .ro1 IN the Standard Oil and Topact
ms mn,st cases. The matter would J, !
~ Itiro,v at the discretion OF u
en.. TT the court stood TOUR
s sour on a proposition, it is proDap
iour w onearing would be ordere
tnaS than allow the death OF
lonoher to decide the case.
melipe ,,,;oht consider that justice
court nr and to the litigan
the cou ha served better by awaitil
Wpuiq nI of successor al
the heap; appo q rehearing for his bene !.
h hS|aae E the ssH only possibility ], Of t
oases being reopened."