The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-04-12

The announcement by the Supreme
Court yesterday that the Standard Oil
and tobacco trust cases will be restored
TO the docket for reargument is taken
10 mean that the court is divided four
to three on these im0ortant cases.
Whether the court stood for or against
the government is, of course. purely a
matter Of speculation, but the report
current at She Capitol was that three
of the justices had stood for the govern
ments contentious and three against
them, with one member of the court IN
decided.
Vote stood TO 3.
This would make four TO three de-
cision whichever way the one undecided
member voted. ana il is believed that the
court came to the conclusion that at
least a majority of the fun court of nine
ought TO be behind decisions OF so great
Importance to the business world.
This action by the Supreme Court
means that the Supreme Courts interpre-
tation of the Sherman antitrust law in
these cases will be delayed at least six
months and possibly year
The court itself named no date for the
rehearing Of the arguments, but the pres
ent term will end. so far as the dOcket
call is concerned, in three weeks, which
precludes the argument Of the cases at
this term. The Supreme Court will not
rec0nvene until the second week in OCto-
Der, so that it is likely to be well along
in the fall. at the earliest, before the
case can come up again.
The announcement means that tre
mendous responsibility Will be placed
upon President Taft in the selection OF
justice TO take the place made vacant
by the death of Justice Brewer. Upon
that selection apparently viii depend
whether the governments suits for the
dissolution of these two big corporations
are sustained or reversed.
The governments contentious, if sus-
tanned. will result in sweeping changes
in the business world. and. as the situa-
ton is viewed here. the outcome is likely
10 hinge on the action OF the President
in naming Justice Brewers successor.
Gov. Hughes Favored.
The impression here is that the Presi-
dent Will offer this important place 70
Gov Hughes, OF New York In fact. il
has been reported that Mr.. Taft took
steps few days ago 10 find out II the
governor would consi1er such an appoint
ment
II was believed the announcement Of a
rehearing would materially cuTtail the
list of eligibles for this appointment; in
fact, several Of Mr.. Taft's close ad-
visers admitted that would be the effect
of the Supreme Courts action.
Surprise was oc-asioned, therefore,
when it was learned at the White House
that President Taft will not regard him
self restricted in any way through rela-
tions which the candidates may have had
with either the Standard Oil or the to-
bacco trust case before they reached the
Supreme Court
The Presidents attitude is that his
selection of Justice Brewers successor
shall depend solely upon his own idea
Of the appointee's qualifications, without
regard to any active participation he may
have had in the cases before they reached
the Supreme Court
Under these circumstances, Lloyd ".
Bowers. the present Solicitor General.
viii still be eligible for appointment. Mr.
Bowers. although connected with the De-
partment of Justice while both cases were
being prosecuted, never took any active
interest In either
Others Could Serve.
The same was true of Judge Sanborn.
of St Paul. and Judge Vandevanter. OF
Cheyenne, Wyo., both members of the
Eighth Judicial Circuit Court. As men,
bers of this court. they participated in