The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-03-31
MAY AFFECT IMPORTANT
DECISIONS NOW PENDING
Two Cases Which are Expected
to Mark an Era In Ma
tIonaI Policy

Washington ID. c.. March st,--
simple funeral services were held to-
day for Justice David r. Brewer OF
the supreme court OF the United
States and an hour later the body
was on rs way for burial at Leayen-
worth, Kas. The train will arrive
at Leavenworth Saturday morning.
Services win he held there Ia the
First Congregational church and
bural will be held IN Muncie ceme-
Itery beside the graves OF the Justices
first wife and her daughter.
Washington. d. c.. March 81 -
Not IN years has the death OF jus
tice OF the supreme court occurred nt
such a critical moment In the labors
Of this great tribunal MS did the de-
misc uf Justice David ] Brewer.
Coming at the very threshold of a
decision by the supreme court In two
Important eases, which decision Is
expected to mark an era In a national
policy either in favor OF further ag-
gressive action against great com
binations under certain conditions or
IN favor OF leaving them unmolegted,
the death OF Justice Brewer has pro-
ducod a situation OF uncertainty and.
In some quarters, Of alarm.
On the broad subject of public
policy, Justice Brewers sympathies
we're an open book In his philos-
ophy the lrrepressble and eternal
conflict in self government by falli-
Bile beings lies between the majority
and tho minority between the mob
and the indlyiduat-th Individual
! being, under existing economic con-
ditiOns. more often q corporation
than single human being. The
constitution Is the interposed barrier
for the protection Of the one from
the mob. with this philosophy for
key, the lucid opinions in cases In
volving property rights of this log.
ical mind on the supreme court be-
came readily comprehensive, and tho
] developments here aud In New York
: are rendered more explicable.
Through the Illness, as well as the
disqualification ~ Justice Moody.
who instituted the case against tho
= STANDARD OIL company under the
| Roosevelt administration, but eight
! justices sat IN the case, decision
on which has been expected for some
time
h. The generally accepted opinion is
le that tho court stood four to four in
IL It's conclusions OF the case. Wall
,e street has been pIophesying another
n panic IN The event that the court de
NJ cision is against the Standard on
er company
er However no one out of the pale oi
IN the supreme court itself pretcnds L
IN know whether the tribunal was TIED
X. on the subject OF the Standard Oh
N case, or, II there was tie, whether
\. Justice Brewer upheld or opposed The
~ Judgment Of the lower court agains
or the defendant oil company. The
nn question OF whether there was tis
ne IS important In determining whethei
ar there Is to be a rehearing OF the case
before inc supreme court. A decl
sion Of four to three by the remain
~ Ing seven justices who heard the cast
~ ~ would not be decision by major
81 lty OF the court. On this point AT
~ torney General Wickersham, although
=. discaiming knowledge as to whethel
~ the court was tied, said today That I
We there was tie the court might deem
1t advisable, as a matter OF justic'
TO both the country and the litigants
not to order a rehearlng until Jusuc'
Brewers successor shall be appoint
m ed
,as incidentally, and perhaps in no re
lly lation whatever with the question Q
successor 10 Justice Brewer, whiel
by President Taft must settle shortly
alarming reports, amounting almos
10 dire warnings, are being made Z
the administration by large corpora
n ton interests as TO the terrible com
\ merclal consequences which mus
v certainly follow In the wake OF al
adverse opinion BY the supreme cour
on the Standard OH case. These re
wv oorts have come to the department
OF Justice and were discussed todal
by an official Of the department witt
correspondents stationed at the White
House. They are to the effect tha
the big Interests OF the country SCI
in possible decisions Of the siIpremt
court adverse to the Standard OIL ant
i'm the tobacco trust a blow to invested
CT capital which may bring on ousi
In ness disturbance even worse than thf
ny stringency of 1907, and the solution
tte suggested by the perturbed business
be interests. as we'll as By some OF the
,st senators ard members OF the cabs
'ur nei. is to change the drastic provi
ng sious az tho Sherman antitrust law
on ! suggestion to which II Is said the
PRESIDENT at this time is ayerse.