The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-04-12
Federal Supreme Court Will
Give American Tobacco and
Standard Oil Rehearing When
Brewer Vacancy is Filled.
MANY AFTER GREAT PLACE
ON U. S. SUPREME BENCH
Sanborn, Bowers and Vande-
venter Thought to Have.
Been Barred, but President
Taft Is Considering Them.
A MERRY RACE EXPECTED

XXTAssHINGT0N, April 11.-UnwiII-
w ing at this time TO render de-
cisiOns In the dissolution suits
against the Standard Oil company and
the sO-cailed tobacco trust, the Su-
Preme Court of the United STATES to-
day ordered reargument of these
eases.
This POstpOnes the final disposition
Oh the application of the sherman anti
trust law TO these corporations for
weeks, and probably until after next
october. The present term will end
This immediate cause of the re-
hsSISnmsnt of the eases is thought
tiee Brewer.
His death left only seven justices
actively at work on the bench. as
Justice Moody has been Ill all this
term,
1t is believed the court will not 40
vance the cases for re-argument until
president Taft has been given annie
/ time to fill the vacancy created nv he
death Of Justice Brewer. If this vacancy
Is not filled before the Senate adiO15rns
Tor the summer, it is probable the cases
Will not be taken UP again until after fine
| first of next December. when the senate
meets again This is based on the as
/ SUMPTION that a recess apDointee would
/ SloIate a precedent that has not been
! pIOheh lof more than 100 years if he took
| firmed. ''ie
Full Bench Needed.
At the department of Justice If was
generally thought the supreme court
Manteu the cases re-argued to have the
great principles of law involved passed
| Wickersham has made it clear thai nucb
or the future activity Of the department
IN Ielaton TO the great combinations of
in tba ot WIZ De guided by the decisions
1t is pointed out, however. that even
should the President nominate sue
1 cessoF TO Justice Bre wer in time fo,. his
C'onIiInatlon by the Senate for service al
4 tne ran term Of the court, it is the gen
\ eral belief that Justice Moody Vh9 Is
v IL VIII De unable to resume his duties
men In that event the court will nave
only elgnt members on active duty
First Principles of Law.
An affirmation of the lower courts rul-
ing. II Is said, will settle the great nrin-
clples OF law involved in the cases at
issue II simply would settle whether
/ the particular combinations involved
shouIQ De dissolved. Justice Moody If he
were mere might not participate in either
4 VI the Two Dig cases, as the Standard oil
general.
When i was announced in the Supreme
court today that a re-hearing of the
STANDARD OH and American Tobacco com
O.
! ciuSlon was drawn in many quarters tina :
this decision practically eliminated Cir
cult Judges Vandeventer and Sanbcrn
and Solicitor General Bowers from con-
| slderatlOn as Justice Brewers successor.
| This was based on the fact that the two
| Judges had passed upon the cases which
are TO be recOnsidered, and Mr. Bowers
| assisted in the preparation of the gov
| ernments case.
Inquiries at the White House later in
the day, however, showed that President
| tart is taking the position that if a man
| be deemed fit for the Supreme court
bench, the fact that he passed upon pend
ing cases in lower court, or assisted in
the preparation of a pending case in any
way should not be a bar to his appoint
ment IT was stated positively this an
nOuncement Of the Presidents opinion
however was not in the interest of any
candidate.
High Opinion of Jurists.
No one il the country has a higher
opinion of tho federal courts than Presi-
dent Taft, and he believes a man biz
| enough to be available material for the
highest court in the land, is big enough
10 pass justly on any pending case.
The information from the White House
distinctly leaves Judges Vandeventer and
Sanborn and Solicitor General Bowers in
| the race. But there are a host of other
receptive candidates whose friends are
bringing pressure to bear on the Presi-
dent
New York is clamOring for recognition
{ having been disappointed in its claim 70
j representation when Judge LurtOn was
, named as successor to Justice PeCkham
| Louis Marshall of the firm of Guggen-
helm. Untermeyer q Marshall has beer
| strongly urged to President Taft. This Il.
true also Of Judges Hiscock. Andrews and
Tompkins of the New York state supreme
| court
Judge Swayzee Of the New Jersey su-
preme court, Judge Deemer of the Iowa
supreme court, and Judge Hook Of Kan
. sas, now on the federal Circuit court
| bench. are also among those who have
influential backing at the White House.
It is said President Taft at one time
promised Henry NJ HOyt of Pennsyl-
vania, now counsellor of the depart
ment of state, an appointment to the
. supreme bench, but it is known that
Secretary Knox would oe lOath to part
J with Mr.. H0yts services.
That an appointment viii be made
before the Senate adjOurns for the sum-
} mer is confidently declared by those
: well acquainted with the President
views.
POSTAL DEFICIT BEING