The Washington times., 1910-04-12
Man Appointed TO Supreme
Court May Virtually De-
eide Trust Suits.
OPINION SUPPOSED
EQUALLY DIVIDED
Brewers Successor May Not Be
Permitted 10 Act With
Colleagues.
BY JOHN SNURE

Great responsibilities viii rest on the
shoulders Of the man who is named by
President Taft 10 be the justice Of the
Supreme Court TO succeed Justice David
J. Brewer
In view Of the order Of the Supreme
Court for a reargument OF the Tobacco
trust case and the Standard OH case,
II seems probable that the new justice
wIU have the deciding vote In these
cases. or at least in one Of them
So far as the Tobacco trust case is
concerned, il IL the belief IN well-inform-
cd quarters that the court stood four
10 four. II. is supposed Justice Brewer
voted on this decision Justice Moody
took no pErt owing TO his Illness. He
may OF may not take part next fan. II
is not a certainty he viii return TO the
bench. If the tobacco case is decided
by eight justices. then If IS believed
that unless the new justice throws his
influence In the direction OF he Govern
uent. the court will still be evenly
divided IF he throws his vote TO the
Government, then the Government will
win. II the conjecture as 20 the posi-
ton Of IN court is right
Moody Barred IN Oil Case
In the Standard OH case, Justice
able to sit on the bench He was At
torney General when the Standard OIL
prosecution was begun He viii be pre-
vented by this from participating in the
case
Tt is supposed the court, with Justice
Brewer gone. stood four 20 three on the
Standard Oil case It Is supposed that
fo-7r were for making the Sherman law
inclusive and for a broad Interpretation
Of it and that three were for a strict
construction Of IT.
Il the court is divided four 10 thTe5
now then the new justice If he takes
the conservative side. may tie the court
Il he takes the Government side. ther
there viii he 2 fiTe-to-three decision
IN favor Of the Government II the con
lectures as 10 how the court stands an
well founded
Brewers Course May Be Followed
Because the court IS divided in opin-
ION. II does not follow that the Govern
rnent is in danger Of losing on the i'm
mediate question Of whether the To-
hacco trust shall he dissolved or ne
Standard Oil Company compelled u
abandon its alleged monopoly
For instance. in the Northern Securt
ties case. Justice Brewer took the side
Of the Government and held the com
-7ar-- should be dissolved But he wrote
a conclrrfng opinion in which he toes
3 more narrow view Of the Sherman
law fnau the rest Of the justices who
SIDED with the Government His posi-
tfcz was that the Sherman law should
andy only to combinations in unreason-
able restraint Of trade But 3e con
CI1ded. too. that the Northern Securities
Cornpany was in such unreasonable
restraint
It Is not difficult 10 conceive that e1
s~t7v the same situation may arise
either as TO the Tobacco trust or The
Standard Oil Company.
May Become Embarrassing
The failure OF the court 60 decide
these cases has deprived the Repub
iicans Of the opportunity q taking any
credit TO themselves IN the campaign fol
= Government victory IN the courts owe
The Tobacco trust and the OF trust
This fact Is extremely pleasing TO tn
Democrats
Many believe the order for reaEgu
nsut VIII tend TO throw The next ap
pofutmeur on the court to the East
vV7Is Il Is se3d President Taft viii TAX
no c0guizaT-e Of whether the man n
wants to naz1e has taken part In INT
Standard o. case OF the Tobacco case
the fact remains that y the new jIstict
has taken part In those cases ne can
not We'll hear them when he gets upOI
the Suurerne Court This would MAKE
another embarrassing situation and
might lead TO another reargunenL