The citizen., 1910-04-08

Washington, D. C.-Three impor-
tant causes now awaiting determine
tion by the United States Supreme
Court may be entirely changed in
their progress and final results in
consequence of Justice Brewers sud-
den death. These are the Standard
Oil, Tobacco and corporation tax
cases. This litigation may be af-
fected by Justice Brewers demise in
two ways:
1. A rehearing of oral arguments
may be required in one or all of the
cases.
2. Delay in reaching a final deci-
sion may follow because of the part
taken by the late Justice in moulding
the conclusions arrived at by the
Court-if that stage was passed.
Under no circumstances will it be
necessary to institute new proceed
ings or bring any of the cases now
pending through all the processes of
the lower courts. The Department
of Justice will be in no way affected
by the present situation. 1t is one
with which the Supreme Court alone
can deal. The surviving members
whether rehearing of arguments
is necessary in one or more of the
cases. Such conclusions will depend
entirely on the status of the various
suits.
1t is the supposedly invariable Gus
tom of the Supreme Court to as
semble on the Saturday following the
termination of verbal arguments in
any specified case. A vote is then
taken and some justice is designated
to formulate the final opinion of the
court. This procedure is believed
to have been followed in the Stand
ard Oil, tobacco and corporation tax
cases, more than one Saturday having
elapsed since the Anal argument in
the cause last heard.
If the court divided evenly in the
Standard Oil case, Justice Brewer
voting against sustaining the Govern
ment's contention, rehearing would
not be required, as the Government
would win with a divided court; if
Justice Brewer voted IN favor of the
Government, a rehearing would be
essential If the vote stood 5 to g.,
either for the Government or the
Standard Oil Company, there would
be no necessity for n rehearing unless
Justice Brewers vote was such as to
remove the Governments possible
chance Of getting the decision by a
divided court.
The tobacco cases are different in
many respects from that of the Stand
ard Oil. The decision of the lower
court was mixed, and both the Gov
ernment and the Tobacco Trust took
appeals. 1t is not considered prob
able that Justice Brewers vote could
have been such as to render essen
tial a rehearing of arguments in
these cases.
The same is true of the corpora
tion tax cases. The Government
would not win by a divided court
and there seems to be no chance by
which the vote of Justice Brewer
could affect the result in such way
as to make rehearing necessary.
q In some quarters it is not believed
that the court took vote on the
Saturday following the Standard Oil
and corporation tax cases, and that
the matter of decision is still open.
Attorney General Wickersham
said:
81 see but one possibility of JUS
tice Brewers death causing rehear-
ing in the Standard Oil and Tobacco
Trust cases. The matter would lie
entirely at the discretion OF the
court If the court stood four to
four on a proposition. it is probable
that a rehearing would be ordered
rather than allow the death of a
member to decide the case. The
court might consider that justice to
the country and to the litigants
would be served better by awaiting
the appointment of successor and
holding a rehearing for his benefit.
That is the only possibility OF the
casas heing reopened.