Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-29
may Be REHEAR|NG
Problem Presented by Death
of Justice Brewer.
EFFECT ON TRUST CASES
Decisions Believed to Rest Upon
Unanimity Of Seven Justices.
SUPREME COURT DEPLETION
Justice Moody's Absence a Factor.
Possible Reargument Of Stand
ard Oil and Other Suits.

1t is within the range OF possibilities
that rehearng of the corporation tax. the
Standard on and the tobacco trust cases
may be deemed advisable, consequent
upon the death of Associate Justice
Brewer.
The foregoing statement is about as
near the prevailing opinion in legal circles
connected with Supreme Court affairs as
can be reached at this time. The matter
Is one, for determination by the surviving
members OF the court, by them alone, and
no one outside the court can venture a
definite prediction. Needless to say. the
court has not intimated it's feeling in the
reach determination until after careful
deliberation in conference
Possible Contingencies.
A number of contingencies, the crcum-
stances OF which are unknown outside
the court Itself, might govern at this
tine. For instance, no one beyond the
pale OF the court knows how far the
del!beratfon upon the TOBACCO case has
proceeded, or, in fact, in any of the other
eases.
The decision OF those cases by the
seven justices on the bench now that
Justice Brewer has passed away and
Justice Moody is in apacitated for service
on account Of rheumatism is believed to
depend almost entirely upon the unanimity
OF opinion on the questions. Some law
3ers who have followed closely the de-
c.sions CT the Supreme Court scout the
idea that such unanimity exists, and
:, Y ew that these cases will be set for re-
argument before a full court.
In Case of Disagreement.
II .is probable that = vote already has
teea aiken ALI of ,thsse cases II
tbs be true and the court was equal
vltd II rearIy SO. Il is believed that
tie c1ii", would hesitate TO give to the
eyin ~ d decision viii Ii might have re-
SIX q differently II itfflsad peen decided
/; a FUN benchs2
A.o:nd tie Supreme Court Offices TO-DAY
u Nas~<eaera4ly regarded as certain that
y E5ts1: couJ was unanimous on any Of
I E.se cases. or practically SO, there would
IL - need Tor earSument.
Standard Oil Case Peculiar.
! peculiar situation exists in regard to
the Standard Oh case. The suit was in
6tituted under Justice Moodys direction
during his service as an Attorney Gem
idsat to appoint another justice, even
then Only eight members Of the court
GoulG on the case by reason Of this
elimination of Justice Moody. Four would
then constitute a majority for the gov
ernnent. as it would now for both the
government and for tire Standard Oil IL
decided by bench OF seven due to the
death Of Justice Brewer.
Only one fact stands OUT Enthusiastically
o; this time. and that is If the court de-
cides to pass upon the cases without fur
ther hearing after the vacancy has been
6lled there Is no chance of affirming the
decisions -of the lower court by .tie
vote, since the court now is unequally
divided.
Court to Reassemble Monday.
No one could tell today what effect
the death OF Mr.. Justice Brewer would
Aave upon the procedure of the court
pext Monday. Il will then reassembIe
after the Easter recess, and, in ordi-
eary course, number OF decisions
would be expected. 1t could not DE
learned today whether the court VII.
Immediately adjourn out Of respect TO
their deceased brother or will wait
until after the bar of the Supreme
Court has adopted its resolutions of
vespeet and the Chief Justice has re-
Piled in behalf Of the court.
The members OF the bar will not
bold their meeting unit! after the
fnneral. Upon a suitable day there
after they will assemble and the At
torney General of the United States
will preside over the meeting.
Discussed at White House.
The sudden death Of Justice Brewer
and its possible effect upon the Supreme
Court decisions in the Standard on and
American Tobacco Company trust cases
~efe discussed At the cabinet meeting at
the White House today. All of the mem
1ers OF the cabinet Joined with President
TAFT In expressing deep regret over the
death Of the distinguished jurist. Justice
brewer in all OF his decisions had strong
j. favored and upheld the laws dealing
with the control Of corporations.
View of Mr.. Wickersham.
Attorney General wickersham. as he
went into the cabinet session. was asked
ff there was any chance for rehearins
on the two. important cases pending in
the Supreme Court. He declared there
was the possibility Of a rehearing, but he
did not consider II at all probable. The
only contingency upon which a rehearins
would be based, he thought, was the ex-
istence Of tie vote on the bench at the
time OF Justice Brewers death. Under
these circumstances, he said, the court
might deem it advisable a matter OF
Justice both to the country and to the
lItiRants to order a rehsaring after Jus.
tice Brewers successor shall have been