The San Francisco call., 1910-04-12
BIG TRUST CASES
WILL Be RfARGUFD
Supreme Court Postpones Deci.
sion in Standard Oil and
American Tobacco Suits

WASHINGTON. April 11.-Unwilling
at this time to render decisions in the
dissolution suits against the Standard
Oil and the so called tobacco trust"
the supreme court of the United
States today ordered reargument of
these cases.
This postpones the final disposition
of the application of the sherman anti
trust law to these corporations for
weeks, and probably until after next
October. The, present term will end
about June 1. The immediate cause
of the reassi ignment of the cases is
thought to have been the recent death
of Justice Brewer. His death left only
seven justices actively at work on the
bench, as Justice Moody has been i'll
all this term.
The reargument of these cases comes
as the direct result OF the death of
Justice Brewer. This jurist died just
few days after the Standard oil case
had been argued.
AS Justice Moody was unable TO par
ticipate in the consideration of these
cases only seven justices were left to
give a decision.
How the court was divided in regard
to the decision is as much a mystery
this afternoon as ever.
The fact that the corporation tax
cases were not set for reargument is
taken to mean that a decision will be
announced within a short time in re-
gard to the constitutionality of the
law.
JUSTICE DEPARTMENTS VIEWS
generally thought the supreme court
wanted the cases reargued to have the
great principles of law involved passed
on by a full bench Attorney General
Wickersham has made it clear that
much of the future activity of the de-
partment in relation to the great COM
binations of capital will be guided by
the decisions in the Standard oil and
the tobacco cases.
1t Is pointed out, however. that even
should the president nominate sue
cessor to Justice Brewer in time for
his confirmation by the senate for
service at the fall term of the court it
is the general belief that Justice
Moody, who is i'll, will be unable to re-
sumo his duties then. In that event the
court will have only eight members on
active duty.
An affirmation of the lower courts
ruling, it is said, would not settle the
great principles of law involved in the
cases at issue. 1t simply would settle
whether the particular combinations in
volyed should be dissolved.
Justice Moody, If he were here, might
not participate in either of the two big
cases, as the Standard oil suit was in
stituted while he was attorney general.
ELIGIBILITY OF CANDIDATES
The conclusion was drawn in many
-s--s.-
supreme court practically eliminated
Circuit Judges Vandeventer and San
born and Solicitor General Bowers from
consideration as Justice Brewers sue
cessor.
This was based on the fact that the
two judges had passed upon the cases
which are to be reconsidered and Bow
ers assisted in the preparation of the
governments case.
Inquiries at the White House later
in the day. however, showed that Presi-
dent Taft is taking the position that if
a man be deemed fit for the supreme
court bench the fact that he passed
upon pending cases in a lower court or
assisted in the preparation of a pending
case in any way should not be a bar
to his appointment.
No one in the country has higher
opinion of the federal courts than
President Taft and he believes a man
big enough to be available material for
the highest court in the land is big
enough to pass justly on any pending
case.
STILL IN THE RACE
The information from the White
House distinctly leaves Judges Vande-
venter and Sanborn and Solicitor Cen
eral Bowers in the race.
New York, however, is clamoring for
recognition, having been disappointed
In its claim for representation when
Judge Lurton was named as successor
to Justice Peckham. Louis Marshall of
the firm of Guggenheim, Untermeyers &
has been strongly urged to
President Taft. This is true also of
Judges Hiscock, Andrews, Tompkins
and Crane of the New York state SUI
preme court.
Judge Swayze of the New Jersey SUI
preme court, Judge Deemer of the Iowa
supreme court and Judge Hook of
Kansas, now on the federal circuit
bench, are also among those who have
influential backing at the White House