The Washington times., 1910-03-29
Rehearing, However, Only
Remote Possibility, Says
Attorney General.
SAME OPINION HELD
BY MANY LAWYERS
Speedy Appointment OF Successor
May Be Followed by Re
Arguing.

There is only remote possibility thar
the death Of Justice Of the Supreme
Court Brewer viii necessitate a re-
hearing OF the Standard OIL and To-
baccO trust cases. now before the su-
Drene Court, according % Attorney Ger
eral Wickersham
II has been suggested that the death
or a member Of the court might void
all OF the proceedings IN tre cases and
make IL necessary TO 90 over the en-
tire matter again.
II see but one possibility Of Justice
Brewers death causing a rehesring in
the Standard Oh and Tobacco trust
cases" said Attorney General wicker
sham as he entered the Cabinet room
a. the White House today.
The matter would lie entirely AT the
discretion Of the court II the court
stood four to four on a proposition T.
is probable that a rehearing would be
ordered rather than allow the death OF
q member 10 decide the case. The court
might consider that justice TO the coun-
-rv and 20 the lirgants would BE- served
better by awaiting the appointment OF
a successor and holding a Iehearing for
his benefit That is the only POSSIBILITY
Of the casas being reopened."
Opinion at Court.
At The courtroom today the opinion
was expressed that the death Of Justice
Brewer would not necessItateta rebear-
ing Of the two cases. inssmuch as only
one consultation among the justices had
taken place since they we're formally
presented 20 the court.
There are precedents, however. for the
court on It's own motion reouestj7.-
resubmission OF cases. II President TAR
selects successor 20 Justice Brewer
shortly IL may be- that the plan or hsv-
ing the two biggest cases rearzued may
be adopted This was done IN the So
called California ana Oregon cases when
Justice Day assumed the seat on the
berch.
Since there has only been one con
suitation Of the justices since -he stand
ard oil and corporation tax cases were
argued. # is not thought that vote
was taken and the probabilities are the
court itself is not yet decided upon the
decree In this ease unless q vote taken
subsequently showed tie IL is not prob
able that a renearius would be asked
Bearing in mind that doubt alus,-
hedges around the decision or any Errst
case On the Supreme Court Until il has
actually ,teen PASSED On. IL was TO-DAY
predicted tHa, the death of Justice
Srewer strengthened the hand Of rh.
Government IN the Standard OH case
and n The Tobacco trust case.
Seven Fit for Duty.
The death OF Justice Brewer leave
the supreme Court with seven ne1he-s
90 for duty. Justice Moody has hen
SICK for months. He viii not participant
in either Of the cases.
President Taft may appoint q ner-
member OF the court at an early date
10 succeed Justice Brewer and is ex-
pected to do so. But the Justice 50
appointed may not take part in the de-
cision Of either the Standard on or tn,
Tobacco trust contentious
T. is possible, therefore. that both Of
these cases SilI be decided By a divided
court, perhaps four to three. -Four
members Of the court could return a
lesal opinion 50 far as eitheg or these
cases Is concerned. but IL would not, as
a matter of fact, be a final decision
II would not he a decision by q ma
jority Of the court, and the inevitabia
effect would be that the case wouIG
have 10 b. reopened and no final settle
ment OF the questions involved had un-
til at leaet five justices had agreed.
Causes Discussion.
The question Of just hov Justice
Brewers death viii sffect the bne-US
o fthe court on tIrCse two important
antitrust cases was widely djEcusssd
about the Capitol TO-DAY.
To is the belief OF those best informed
that the court is likely 10 be found
with Justices Harlan. LUrton, Day, and
NcKenna on the Government SIDE IN
these cases.
The DoSftiou OF Chief Justice Fuller
and Of Justice White Is looked on as
more likely 10 be adverse 20 the Govern
ment Justice Brewer, as the most con
servative member o. the 2ehgn. nag -.g
lived. II IS believed would nave lined
IN against the Government A good
deal of doubt is expressed as TO just
where Justice Holmes viii be found WITH
respect to the Interpretation Of the
ebefn7sn Law in the suits in question
or course. the beliefs as 10 where the
various members Of the court stand
can only he reasoned out from former
decisions they have made. OF from their
seeming attitude az the time Of the
hearings o. the cases.
50 FAR as Justice Brewer was con-
ecrnCd. he was doubtless the most con-
servatiyC member Of the court II Is a
fact worthy Of comment that he has
been more conservative IN recent years.
on matters that apDersaincd 20 the eN-
tension Of the regulatory power or the
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