Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-29
always completely read.

always completely READ.
Justice Brewer essentially was a
western man and his sympathies were
always with the west. He dealt largely
with railroad corporations and indeed
with corporations generally and he will
be missed Immensely, in the opinions
Of the court, on the questions concern
ing the Standard Oil and tobacco cases
now under consideration.
In his earlier days Justice Brewer
was very fond Of outdoor life. He was
Ia member Of the old Field family. be-
ing a nephew of the late Associate
Justice Stephen j. Field and Cyrus. w.
Field. ~.
Effect on Oil Trust Case.
The death Of Justice Brewer removes
any possibility of a deadlock of the SUI
preme court in the decision Of the
Standard Oil and tobacco trust cases.
These cases will be decided now by a
court of seven justices, and the nearest
to division that is possible will be
vote Of 4 to 8.
On account OF the continued illness
of Justice Moody, who has not set with
the court for nearly a year, a tied vote
of the eight remaining members of the
tribunal was possible. There has been
considerable speculation upon this
contingency ever since it became ap-
parent that eight justices would pass
upon the big trust cases.
Now different face is put upon the
affair SO far as this possibility is con-
cerned Justice Brewer sat thruout the
hearings of the arguments on these
cases and participated in the delibera-
tions Of the court which have been go
ing on for the last two weeks upon the
decision that is to be rendered. But
now the weight of his vote will go for
naught. The decision will be the decis-
ion Of the court as it is constituted
when the opinion is rendered
Retrial Is Not Expected.
Nor will the appointment of sue
cessor, If one should be made immedi-
ately, serve to affect the decision. The
successor would not have heard the
arguments, and therefore would not
participate in the decision. 1t is re-
garded as unlikely that successor will
be appointed before the decision of
these cases. There is only one other
chance to avoid deadlock retrial
of the two cases-but this is not ex-
pected.
This is the second death on the SUI
preme court bench in the present term.
Justice Peckham died early in the
term, and was succeeded by Justice
Lurton. Justice Moody has been i'll for
several months and probably will not
be back on the bench this term.
Justice Brewers death will be a big
loss to the public in other ways than
as mem Der of the bench. He was the
only member of the bench who freely
expressed his opinion on large public
questions He was particularly OUT
spoken in his criticisms of the Roose-
velt methods.
Attacks Course of Roosevelt.
Perhaps the most celebrated of these
criticisms was made in Carnegie hall,
New York, on Nov. 81, 1907, in which,
discussing the sacredness Of the con-
stitution ana certain dangerous ten
denotes that thoughtful men had OBJ
served springing up, he found II neces-
sary to say some sharp things about
Roosevelt.
Soon after Justice Brewers death
word was sent to all Of the members of
the supreme court now in Washington.
Several of them called at the house at
midnight to express their sorrow and to
offer their services to the widow and
other members OF the family. J. Nj.
Wright, the marshal of the supreme
court. was notified and Immediately
took charge of the funeral arrange
ments at the house.
The supreme court is now on it's
Easter recess. 1t will reconvene next
Monday and undoubtedly will adjourn
for at least day out of respect to the
memory Of Justice Brewer.