The citizen., 1910-04-08

A peculiar situation exists in re-
gard to the Standard Oil case. The
suit was instituted under Justice
Moody's direction during his service
as Attorney-General. Should the
Court wait for the President to ap-
point another Justice, even then only
eight members of the court could act
on the case by reason of this elimina-
tion of Justice Moody. Four would
then constitute majority for the
Government, as it would now for
both the Government and for the
Standard Oil if decided by a bench
of seven, due to the death of Justice
Brewer.
Those most familiar with opinions
Court predict that Justices Harlan,
Day, McKenna and Lurton will hold
for the Government in the Standard
Oil and Tobacco cases. Chief Justice
Fuller and Justice White are regard
ed as likely to be adverse The atti-
tude of Justice Holmes is one which
causes much conjecture
AS the most conservative member
of the Supreme Bench it is believed
Justice Brewer would have aligned
himself with those antagonistic to
the Governments contention in those
cases. 1t is regarded that the cause
of Government prosecutions against
corporations has been materially
strengthened by the death of Justice
Brewer
AS Justice Brewer advanced in
years he became more conservative.
In matters that appertained to the
extension of the regulatory power
of the Government, in matters that
related to the broadening of the Fed
eral authority, the tendency of JUS
tice Brewer was to be highly con-
servative. This was especially true
of his later decisions.
The views entertained by Justice
Brewer regarding great aggregations
of capital, as indicated by various
public utterances, were in part:
"The evils have been in the re-
bates, the granting of special privil-
eges that gave unfair advantages in
competition and in the manipulations
of stocks and bonds by those in con-
troll
when private capital is used to
perform public service, it should be
made subject to the same publicity"
Washington, D. C.-Justice Brew
er will be remembered for many
notable utterances.
1--WE stand like a NEUROLOGICAL
Hercules, the giant of the nations,
and if we do not have his club, we
have the big stick of Theodore
Roosevelt" he said in a speech de-
livered at Baltimore in 1908. In the
same speech he said:
1--WE are manifesting a fondness
for military and naval prowess.
1--WE want the biggest yachts, the
most expensive and swiftest trains.
Our growth is developing a habit
unwisely discounting the future.
Debt-paying has become almost for
gotten duty.
do l err when I say that size is
one of the obvious facts in our ma
terial life? Is 1t strange that at
every county fair we look for the
largest steer, the fattest hog, the
Biggest potato and the longest ear
of corn? Is it any wonder we pay
prizes for the family with the most
children, point with pride to the
mother with twins and triplets and,
then, for fear we shall not grow fast
enough, welcome each year to our
shores 100000 immigrants? On
all sides is a vision of greatness.
Magnitude impresses us in every di-
rection."
Mr.. Brewer at Atlantic City said:
II believe that an all-wise Provi-
dence had hand in the rise of this
great country to world power that
is able to dictate peace instead of war
throughout the world. America is in
position to promote the brother
hood of man, and the most powerful
influences of public opinion are tend
ing in that direction"