The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-12
COURT TO REHEAR
BIG TRUST CASES
Continued from Page One.

the handing down Of the decision which
Is now pending on appeal before the
/ Supreme Court.
! The Supreme Court has no set rule foT
the guidance OF a member in contingen-
cies OF this sort, and II the Taft APP
pointee has been interested in any way
in either Of the pending cases prior to his
appointment It will remain for him 10
determine whether or not he ought to
hear the arguments.
Justice Moody, for instance. decided
when he was appointed to the Supreme
bench that he would not sit in any cases
which involved a principle that figured
IN prosecutions which he had conducted
as Attorney General. This is a rather
stringent rule of conduct, but it is the
general impression that no Taft appointee
who had been actively interested IN the
tobacco or Standard Oil cases would think
OF sitting on the rearguments.
The announcement Of the Supreme Court
was a distinct disappointment TO the TAFT
administration. President Taft himself
and the Attorney General thought that
they had the cases won and that there
would be no necessity Of a rehearing. 1t
was only day or two ago. in fact when
the Attorney General practically predicted
in a public speech that the government
would win its contentious.
A Political Setback.
The announcement OF the court Is a set
back for the Taft administration in a
political way The administration had
hoped through favorable decisions in
these cases 10 go before the country in
the fall campaign and to rehabilitate It
self. Upon the Interpretation Of the Sher-
man antitrust law that was expected in
these cases the Attorney Generals Office
had intended TO bring other suits against
monopolistic combinations.
The action OF the Supreme Court means
that the prosecution of other suits viii be
delayed, and that a further demonstra-
ton of the finishing OF the Roosevelt
policies will be retarded
In another way the announcement by
the Supreme Court will have political
effect. The postponement Of the decision
for six months or a year will leave the
business interests Of the country in an
uncertain state for Just so much longer
and the unrest may be reflected in a po-
HticaI way.
The Supreme Court announced the re-
dOcketing Of these cases in A matter-of-
fact way. Chief Justice Fuller had just
finished the delivery of the opinions, and
then announced merely that cases No.
so-and-so would be restored to the docket
for argument Not moro than half
dozen persons in the courtroom, with
the exception Of the seven justices, real
lied what the announcement meant. and
it wasn't until the chief clerk had stepped
over to the table where the newspaper
correspondents sat that they appreciated
the import of IT,
It is likely that the Attorney General
will ask within a few days for the setting
Of a date for the reaTgument OF the cases.
Unless the cases are advanced out OF
turn, they will come along In regular
order at the next term. but It is likely
that the government will enter a motion
to have them heard as early In October
as is convenient 10 the court
The Attorney General and Solicitor
General Bowers were in the court room
for the government when the announce
ment was made.
Attorney General Wickersham called at