The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-30
EFFECT OF BREWERS DEATH
81 PREM COCRT REHEARINGS
NAY M NECESSARY.

Cant,aasaete. IN Nhtch the TOlBaceo ana
Htana,ard On Casea Night Have % Ne
RSarEned- TAIked % fer the
VacAne, -HoNssS Nav ue Named.
WARRINGTON. March 7S.-Thsrs 10 .
possihilty that the death OF Justice
Brewer GILL necessitAts a rehsaring OF the
Standard oil aud the Tobacco trust
cases by the supreme Court, but IN the
opinion 81 Attorney General Wieksrsham
such a Contingency 10 remote The eject
~ Justice Brewers death on these two
most important cAaas was considered at .
CAbi0st meeting to-day. IL was JUST
before the Attorney General entered the
Cabinet meeting that he commented on
the FEASIBILITY Of a rehearing.
Il zee bHt one possibility Of Justice
Brewer'e death causing q rehsartng os
theas caass.- said Mr. wickershnm The
matter would lie entirely within the dis
erection % the court. II the court stood
"a ON a proposition IL 10 probable tina
. rehearing would he ordered rather than
aIlow the death Of a menber 20 deterInins
the deciaion. The court might consider
that Justice To the country and 10 the lit
ixanis would he served better by awaiting
the appointment % . Successor and hold-
ina . TSAearing for his bane6t. That seems
a. he shoat the only possibility 81 the
Cssss being reopsosd'
There 10 one other contingency. IN
the opinion ~ mon who have followed
the Supreme Court proceedings CLOSELY
for years. which may result IN r-beaE-
ing q thess big cases A. Al present
constituted there ~ a bench Of only seven
members Co pAss on these cases. Justice
Moody having besa 40 during the hear
,nEs on both cases aud also being DIS
qualified 10 consider them because of
the infeFssi ne took In the prosecutions
Mhiie ne waS Attorney -Cenei AZ.
4 maiorry of the court when AT the
seats are Occupied - nyo. u u Concsiv-
able under present conditions. thereior@.
that the vote on the standard Ol and the
Tobacco cases NAV stand fOur Ia three.
either for ar against the Government
Such a division of The CO'ltt Nouth TO less
than a normal ma iOrty and many Jaw
yera here believe thai nlIdsT such ""-
C,tnsiances he cont would ass Tor = f"-
heAring merely foe the puTpose OF aiding
80 The solidarity ~ ih. dsc sion la these
impsprtaat cases N however. ihA cNnr'
with its present rns'nhs.rship ct seven -
divided 10y a vote ot > 10 or 8 10 !, ~
S,th-T OF the cascs. nobody LOOKS for "a
Suggestion NJ a reheartng for mo hepsfi
Of Justice Brewers succeasof
Whether the supreme Court had acte-i
on either 10 these Eases before justice
Brewers death - pdrsly a matter ~ Con.
lecture since the. closing ~ the Siaudard
Iil earings the Court has helh only one
consolidation and the chances a-er - 10
against anv final vote having teen tt'"n
"a that case. II has been UNDERSTOOD
right along that the questions Al issue IN
the tobacco trust ease we've similar 10
those involved IN the Standard OIL case
and that the court was NithholdinR us
decision in the former case until " had the
arRumeuts in the Standard Ol appeal
before L. Recentlv. however. there have
been ruu,ors that the tobacco decision
might he handed down eaTlv In April. aud
IL s~ens probable that the court had
reached a decision IN that case Nefpre the
heath 81 Justice Brewer.
II a decision had been reache1. Justice
Brewers death. - & vas said. Np'lld not
alter "a. even 4 the opinion ~ the Court
had not been prepared " u pointed o'si
in thie Connection that me court ia ~
recent decision on tho Kansas and "
kansas corporation taN cases had counted
Justice Moody m. although ~ did no.
Participate IN the act Ial handing down ~
the decision He had, however heard
the Arguments and had made hnoNn hts
vote
There are presidents Tor requesting
q resubmi~sion ~ cases 20 m" supreme
Court such act ION was taken IN The so
called California and Oregon c. So. when
Justice Day assumed -~at on the ten"h
The proba bio effect OF Justice Brewer :
death on the pending d'cisions was dis
cusssd widely about the tap'ol today
and the belief --ernAd 10 BE- general thu
the death 81 Justice Brewer had ~ r~ngih-
ened the Government side ~ the case
This opinion was based solely on Justice
Brewers we'll known reputation for con-
eeryatIsm.
In the event - rahsaring President
Taft would he Obliged 10 assume ire
mendous responsibility n naming Ju-t'c"
Brewers successor \ r.qusst for re-
hearing undoubtedly would mean that
fhs court was pretty evenly divided and
the naming 10 Justice Brewer ~lCC"ssoT
might he the mean, ~ turning the scn les
IN favor Of IN" Government Nih
Justice Brewers successor on tine bench
en- evenly divided court Ot 10 would
mean a victory for the Government and
probably sweeping changes IN the business
world
In selecting Justice Brewer success
sor Mr. Taft will have 70 face an unusual
situation IN other respects Justice Brewer
was selected from tho Eighth Jud,c'a
district about twenty-One years ago
His death leaves that district without
representation m the supreme Court
and Il President TAFT follows the prsce-
n~nt nt IN the selection ~ many other
JusticA he will name some one from that
disfrict Judge Walter " Sanborn 81 ~
Paul MINI. and Judge Willis Van De-
gAnter ~ Cheyenne, Wyo-. memberH 81
the Circuit Court bench Of that district
are being mentioned President Tar
II will he recalled. offered the War port
folio 20 Judge Van Deventer. but the
judge ambito on has been 10 he appoints
~ the Supreme Bench. The Wyoming
delegation IN Congress will urge JUdgs
vandeventers name 10 the RresidenI
for the Brewer vacancy
The Minnesota delegation IN Congress
urged President Taft 70 appoint Judge
eanborn 20 the Supreme Court bench
when Justice Peckham died. Precedent
Taft however. eelected Horace X. Lur-
ton Of Tennessee And now the Mime
sota folks will renew their efforts IN
Judge Sanborn's behalf.
both Judge vandsvanter and Judge
s&nbBFn however, pAssed on the tSsanda I'd
oil case which 10 nov before the Suprsms
Court on appeal. and that circumstance
woEfph pvwvent them from par icipatin6
: -. m~-..Kk.-.eton ~ shag ca. On fh.