The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-04-12
Postpouement.

What will be the effect upon the general
business and financial situation Of the
oct Of the Supreme Court Of the United
States. announced yesterday. in order
! ing n Teargument in the American To-
bacco and Standard Oil cases? Most
people, we think. will have considerable
difficulty in making up their minds
from the data at present afforded. The
trouble II that there can be only conjec-
ture a. to the precise reason which in
duced or compelled the court to take this
step. In Wall Street, or at least in spec
ulative Wall Street. the postpOnement
Of a decision will doubtless be hailed
a. a Favorable" event, inasmuch a. in
this quarter anything that in indefinitely
postponed loses much Of its influence a.
a stock market factor. The conclusion
does seem inevitable that the expected
. final word by the Supreme Court on the
subject will not now be spoken until
toward the end Of the year. II indeed q
full wear NAV not elapse before this
event takes place. Inasmuch ~ the
court adjourns toward the end Of May
for its long summer vacation the cur
rent belief II that the reargument in the
cases will DOT take place before October:
but n stronger reason for inferring that
the rearg,Iment will be delayed until the
time stated in that the sitting members
Of the court now comprise. 90 far a. the
Standard Oil and American Tobacco
Gases are concerned. only seven jus
tees A positive vacancy has been
created by the death Of Mr.. Justice
BREWER. and practical vacancy by the
fact that Mr. Justice MOODY il IN with
out hope Of an immediate recovery and
n further incapacitAted from taking part
in the deliberations upon the two cases
ewing to the circumstance that he Was
Attorney General OF the Cnitsd States
when the Government ssiits against the
American Tobacco and Standard Oil
companies were begun.
The deduction that viii be commonly
made IL. Of course, that the reargumeni
Of the cases in due 90 complications re-
eulting from the death Of Mr. Justice
OF 81 this venerable and esteemed jurist
has left the court 20 evenly divided upon
the great constructions 81 law involved
that Il feels bound a. a matter Of policy
90 ask for a rehearing Of the cases before
q full bench or az least a bench upon
which more than seven members sit
Rumors have been constantly heard. We
do not know upon what authority. that
Mr.. Justice MooDV's physical condition
was such that he might retire fuDm the
court altogether. and il has also been
said that ono or more OF the remaining
Judges might also resign soon because
81 increasing age This necessarily
renders interest acute as TO the PERSON
atty Of the man or men who will be
appointed by President TAFT To MI the
vacancy or vacancies
However considered We feel sure
that il will he a matter Of regret and
disappointment among the business
men Of the country that the final settle
nent Of the antitrust matter. or a,
Ieasr n definite adjudication 81 the
points raised in the American Tobacco
and Standard Oh cases. must now be-
delayed for a long further time Wall
% hold its breath every Monday nov
In ensuing weeks awaiting the Supreme
Court decision in these cases Bust
ne~s interests proper will. We b~lieve.
feel sorry that the affair could not have
be~n ended sooner.