The Washington times., 1910-09-26
DEATH DELAYS WORK
IN SUPREME COURT
Big Cases Likely to Be
Postponed Next
Month.

The unusual series of deaths which
removed Chief Justice Fuller and jus
lice Brewer from the Supreme Court
bench. and which eliminated I'm the
death OF Solicitor General Lloyd W
Bowers, recently, VIII make more
complete Encouragement Of Supreme
Court procedure October 10 than has
been the case for many years AT the
opening of an October term
The bench viii reassembIe with seven
Judges If Justice Hughes takes his seat,
as Is expected Justice Moody VIII no1
be on the bench, and the post held by
Chief Justice Fuller is still vacant.
Neither of these seats can be filled be-
fore the assembling of Congress, as II Is
the unwritten law Of the court that a
Justice shall not take his place until his
appointment has been confirmed BY The
Senate.
II is in the procedure before the court
that the changed conditions VIII be most
marked The calender for the October
term Is a heavy one-nearIy 100 more
cases viii be on the docket than during
The corresponding term OF last year
Many Of the important cases have been
set for early dates at the request of the
Government, but the absence Of the full
bench and the death Of the Solicitor
General viii undoubtedly cause a COM
pIete rearranEement OF the calender.
Bowers Had g Prepared.
Solicitor General Bowers had person
ally prepared the briefs and arsuments
IN tweEty-three cases set for he first
days OF the October term. Court will
convene the second Monday of the
month, October 10, and most of these
cases were set for Tuesday, t..ober Il.
From that day they would be continued
on the calendar until all had been
argued and disposed Of
II Is expected that Mr. Bowers dnalr7
VIII compel the Government 10 set most
OF IheSe cases aside temDOrarifv. until
other officials Of the Department of
Justice can 60 over them and prepare
Their arguments The Solicitor General
vas a prodiSlouS worker and did an
immense amount OF MS work without
assistance It IS not expected that other
attorneys Of the deua rtTlent will he q ne
% take the cases up on his briefs and
present them 10 the court
Most OF these tTenty-three cases ara
appeals from lower courts in criminal
eases where the Government lost out
Until the recent act of Congress giving
me Government the right 10 appeal
there was no resort from the decision
or lower court in a criminal case If
me Government lost The new statute
gives the Government attorneys ana the
supreme Court an additional burden Of
some magnitude
Federal Cases Halted
Aside from the changes caused bv Mr.
Bowers death, the absence Of a fun
bench viii make necessary the post
Ponement Of the big Government cases
set by Attorner General XVickersham
for November i, the STANDARD Oil case
and the American Tobacco Company
case There seems to be no doubt that
these two cases and other important
suits coming early OF the October caIeu-
DER VIII not be called for argument
until there are nine judges &c hear them
rom the supreme bench
cases OF unusual Importance that wiz
Isil under this pOStpOneUenr are. in ad-
ulrlOn 20 the two named the CORPORATION
tax case. IN which Solicitor General
Bowers was the principal attorney for
the Government the GOmper-s case in
yolvinS the punishment Of the labor
leaders for diSobedienCe Of the bovcrr+
Injunction il the Buck suit the Mis-
bouTl --CeuI rate case the case Of The
Government against the Press Publish
Ing Company; the important suit of Viz
Elnla against West Virginia 10 ror77-,aI
The latter to pay part Of the debt Vfr-
GINA bad when the separation occurred
End cases involving the employees lfahiI-
tIy act