The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-04-12
Reargunent Is Ordered IN
Standard Oil and ATneri-
can Tobacco Suits
DEATH OF BREWER IS
CAUSE OF DECISION
Question Is Now Brought Up With
Force Regarding the Successor of
Brewer But No Ono Is Yet
Slated for Place

Washington. April u-Unwilling at
this time to render decision In the
dissolution suits against the Stand
ard Oil company and the so-called
Tobacco trust the supreme court of the
United States today ordered a reargu-
ment of these cases. This postpones the
f1nal disposition of the application of the
Sherman antitrust law to these corpora
tions for weeks. and probably until after
next october. The present term will end
about June l.
The immediate cause of the reassign-
ment of the cases is regarded to have
been the recent death of Justice Brewer.
His death left only seven justices active
ly at work on the bench, as Justice
Moody has been absent all this term by
reason of illness.
1t is believed the court will not advance
the cases for reargument until Presi-
dent Taft has been given ample time to
fill the vacancy creased by the death
of Justice Brewer. II this vacancy in
not filled before the Senate adjourns for
the summer it is probable the cases will
not be taken up again until after the first
OF next December when the Senate meets
again. This is based on the assumption
that recess appointment would violate
81 precedent which has not been broken
for more than 100 years. IL he took his
seat on the bench before being con-
firmed
When 1t was announced that rehear-
ing of the Standard Oil and American
Tobacco company cases would be neces-
a .lra t.t ~
| decision practically eliminated Circuit
Judges Vandeventer and Sanborn and
Solicitor General Lloyd Bowers from sue-
gestion as Justice Brewers successor.
This was based upon the fact that the
two judges had passed upon the cases
which are to be reconsidered and that
Mr.. Bowers assisted in the preparation of
the governments case.
Inquiries at the White House later in
the day, however, developed the fact that
President Taft is taking the position that
If a man be deemed fit for the supreme
court bench. the fact that he passed upon
pending cases in lower court or assisted
In the preparation of a pending case in
any way, should not be bar to his ap-
pointment. It was stated positively that
this announcement of the Presidents opin-
ion. however, was not in the interest of
any candidate.
The information from the White House
distinctively leaves Judges vandeventer
and Sanborn and Solicitor General Bow
ers in the race. but there are many 9TH
er receptive candidates whose friends are
bringing pressure to bear upon the rres-
ident.
Nav tc 0Io ID fl, "a
on the bench, having been disappointed
In It's claims for representation when
Judge Lurton was named as successor to
Justice Peckham. Louis Marshall, Of the
firm of Guggenheim, Untemeyer & Mar
shall, has been strongly urged TO Presi-
dent Taft. This is true also of Judges
Hiscocx. Andrews. Tompkins and Crane.
of the New York state supreme court. =
Judge Swayse, of the New Jersey SUI
preme court; Judge Deemer, of the Iowa
supreme court, and Judge Hook of Kan
sas. now on the federal circuit bench.
also are among those who have influential
backing at the White House.
1t is said President Taft at one time
promised Henry M. Hoyt of Pennsylvania.
now counsellor of the department of state
IN appointment to the supreme bench, but
it is known Secretary Knox will be loath
to part with Mr. Hoyt's services
That an appointment would be made
before the Senate adtourns for the sum-
mer is confidently declared by those
well acquainted with the Presidents
views.
At the department OF justice the opin-
ion today was general that the court
wanted the cases reargued for the pur-
pose of having the great principles OF
law involved passed on by a full bench.
Attorney General Wickersham has made
II clear that much of the uture activity
Of the Department. ain relation TO the great
combinations of capital which are be-
ieved to be operating in defiance of law
Will be guided by the decision of the SUI
preme court In the Standard OIL and
tobacco trust cases. For these reasons In
all probability the court felt that 1t would
be only right that the personnel should
be completed.