New-York tribune., 1910-03-30
THE NEXT JUSTICE
M.4NY MENTIONED TO
SUCCEED BREWER.
His Death Complioaies SitHa-
. lion IN SaWemc Court
Plans for Funeral.

washington March ss-The bod OF Jus
toe David J. Brewer, ot tho Ca!ted States
Supreme court. who died suddenly last
night. vii De taken 10 lis old home IN
l.ceVenworth. Kan, for burial. j was the
often expressed wish cf ;hc justice, and Il
vas decided to-uight 20 DO 20. A short
funeral service Will be held M tie Brewer
home here dn Thursday sfternoon ~
O'clock Mombers of The Supreme Court
vii act as pallhearers. ~ $40 n. n the
fuueral party viii star; fCT Kansas. The
.:raia j. scheduled 10 arrive IN LeaveENorth
o. 80 q. pa. on Saturday. Arrangements
Tor . funeral service az church n hat
city Lave heen made and after the eere-
-.fnoEy Tie body vii sc Hlrled in the family
plot in locai cemetery. chief Jus,co
Fuller VIII head the lis, OF members of the
court TO atieno the funeral. n j. prob
Phlc that one justice viii remain II VASE
iagton 10 open court on Monday when t
must convene under az order made NJ ae-
joulument for the Easter recess. IN ths
absence OF the legal quorum % six he viii
adjourn untu the ne&. day The funeral
party viii star; on the return trip from
hsi.saS o% Mondsy afternoon,
RsorSasme-t OF tia 0sses affecting great
Corporst lions which are pending before the
Supreme Court doomed Up prominently 20
6ay o possible result of the death of
Justice Brewer These :rclSde the stand
a"c or, the American Tobacco Company
Uad ;Ae corporation ,sX cases. The de-
tlsioc % those cases by The seVen justices
81 the benca NOW ;hat Justice Brewer has
passed away and Justice Moody ~ inca
I.ac!:sted for service. is believed 20 depend
ailnosi entirely on 'he unapimlty OF opinion
an THE questions iuvolved. Some lawyers
who GEvc followed The decisions II the SUI
meme Court closr'v scou; the idea that
such unan!miiy exists. and therefore they
are fgae T.. eAprfssing Tho view that these
eases VIII he ser foG rearSumeut before
fu' cou:.. II is possible tina: vote has
siIsady been taken ON Tho cases. II 50.
and there shouic be a tie "r a nearly equal
division, il is believed THAI the court would
hesitate ~ give a decision which might
have been different 1. Il had been rendered
as u full bench. Around the Supreme Court
offices To-day il was generally regarded al
certain that II thu court wa unanimous. or
practically s., on amy ~ these cases there
would he no need for rearg umtnt
peculiar situation exists ia regard TO
the STANDARD OIL case. The sui: was msti-
tuted bv Justice Moody when he was Attor-
ney General Should the cour. wait for the
President TO appoint another Justice even
then only eight members of the court could
a
tion Of Justice Moody. -Four would then
constitute a majority for the government,
ss il would aoW IN the tobacco and the
standard oil cases il decided by = bench
- seven, due TO the death Of Justice
Brewer.
Discussed by Cabinet,
The sudden death Of Justice Brewer and
its possible effect on the decisions IN the
STANDARD Oil and tobacco cases were dis
Cussed ~ the Cabinet meeting to-day. AN
The members ioihsd with President Taft in
expressing great regret at the death Of
The distinguished jurist Justice Brewer, in
al his decisions had strongly favored and
upheld the laws dealing with the control Of
corporations.
Attorney General MiolIersham Nss asked
II there was any chance OF reheaTing of
tho two cases. lie said a rehearing was
possible but he did not consider IL al all
probable. The. only contingency on which
Il could he based he thought, was the tx,
istence of tfe vote Al the time OF Justice
Brewers Death Under these circumstances,
nc said. the court might deem IL advisable,
as a matter Of Justice both To the country
and 10 tho litisanis, TO order rehearing
after Justice Brewers successor has been
sppointed lie said. however, that hc had
heard nothing indicating the existence oi
such contingency.
Speculation in regard TO successor 20
Justice Brewer was also heard In connee-
. non with the probable effect Of his death
M on the cases before che court
The gossip turned rrst 10 the Sth circuit,
from which Justice Brewer came II is the
largest in the UUited States, comprising
Minnesota. Iowa, Missouri, Arkansas. Colo
ado. KANSAS. North Dakota, SoutG Da-
hota, oklahoma, Wyo;liur, Utau aud New
AeEico Two OF the members of its Circuit
'osrt already have been mentioned in con
Heotiou With the supreme Court. They are
Judge Walter n. sanbor1, O, s. Pau. ane
N age Willis Van Deveuter OF Cheyeune
Tie former is siAty-fye yssgs OLD ana tie
latter a.iy-;hHes, both vithia the range o.
slisble aFe.
ln .ue 7th ,I-cu'i there rs another pos
s.nl'iiy Lloyd ~. Bowers. of Chicago uop.
solicitor General - Jhe United States ~
IS well known IN Washington that Presi-
de3t Tart las high regard flr NJ Bow
''s's legal ability. lie was conspicuous N
lie defence ~ the corporation tax The
manner ia which he handled these cases
won Tor hun the congratulations 90 eyen
has antagonists.
Sentiment fer an Eastern Man.
4 strong eea:lnent ~ said o. cN.st il.
Ia or OF The appointment OF a. EastC1
nSp. NhoH Justice lurton vas appointed
a. succeed Justice Peckham an EFFORT was
ua0s 10 induce President Taft 70 live the
place 10 New York man. Attorney Ger
eldl Wackersham was prominently nlea.
tisned. Juztioe AuTten was selected bs
cause az tie high personal regard in Which
sha President held tie Tennessee ;urlst,
ssd also because Justice LUriOR and Ius-
uee Peekhsm were sotA Democrats
should the Stssdsrd Oh case lie toiacco
case 81 the corporation Tax suits ne set for
Tesrgumeut, however, q Is probable that
Rrither Mg. BeWers nor Ai~. Mick-rsham
wogld he considered. taey could no,
serve in thelu.
Oa behalf .; The appuiutHert of al Cast
ern man, IT, is urged hy some that ihc Mis-
tissiTH. Nsliey slnSady has -four member