The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1910-04-12
TRUST CASES TO
COME Up AGAIN.
Supreme Court Orders Re.
hearing Of Suits.
DUE TO BREWERS DEATH

4
Action Of Highest Tribunal In Stand.
ard OIL and Tobacco Cases Indi.
Gates That That Body: May Have
Been Equally Divided and the De.
olsion Will Not Be Handed Down
Until the Vacant Seat Is Filled.
Washington, April 12.-The Stand.
nd OIL and tobacco cases have been
reassigned for argument by the SUI
preme court.
The rsargument Of these cases
comes as the direct result of the death
of Justice Brewer. This noted jurist
died just q few days after the Stand
ard on case had been argued.
AS Justice Moody was unable to
participate in the consideration of
these cases only seven Justices were
left to give a decision in these cases.
The fact that the corporation tax
cases were not set for reargument is
taken to mean that decision will be
announced in regard to the constitu-
ttonality Of the law authorizing it
within a short time. .E
The reassignment of the big suits
came as a complete surprise. Such a
reassignment was anticipated by some
last Monday, when the court first met
after the death of Justice Brewer.
When 1t was not forthcoming at that
time It was generally believed that
decisions of the cases would be an
nouncsd soon. - &c..
Attorney General Wickersham was
as much surprised as any one at the
sudden turn in the fight against these
corporations. He expressed his utter
ignorance of any further knowledge of
the action of the court other than the
announcement of Chief Justice Fuller
that Numbers 316 and 317, the Amer
lean Tobacco company VS.. the United
States and the United States VS.. the
American Tobacco company, and No.
725, the Standard Oil company of New
Jersey VS.. the United States, are re-
stored to their places on the docket
1OC T0aTSumeuC.
Decision Means Long Delay.
Unless motion to advance the
cases is made they will not come up
in the regular order of business for
nearly a year. It is regarded as i'm
probable that such motion for reargu-
ment before next term will be made.
Only three more weeks of this term
remain for hearing the argument of
cases, although the court has come in
before it's adjournment, about June 1,
to hear arguments in a particular
case. $50 = ~ -
The effect of the reargument will
doubtless be to- have the successor of
Justice Brewer, whatsoever he may be,
participate in consideration of the
cases. The choice of the successor
of the days complication.
Solicitor General Bowers has been
mentioned prominently for the va
cancy and now the question arises as
to whether he would be eligible to sit
In the tobacco and oil cases. He did
not participate in the argument of
these cases, as did Attorney General
.Wickersham, but opinion is divided as
to whether it would be in good form
for him to sit in Judgment, because of
his advisory position in the depart
ment' of Justice. .~< -.-
|, How the court was divided in re-
gard to the decision in these cases is
still as much a. mystery as before the
assignment of the cases for reargu.
ment. It is believed, however, that
the court was evenly divided, or al
most so, and that it probably was
loath to give to the country a decision
which was not supported by a major
ity of full court. Such q majority
would be five members. .--...--...i