Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-12
MOODY MAY RETIRE
Possible Legislation in Inter-
est of Supreme Justice.
FULL BENCH Is DESIRED
Importance of Pending Litigation
Urged as Reason.
TRUST CASES TO BE REARGUED
Governments Future Course De-
pendent Upon Decisions in Stand
ard Oil and Tobacco Hearings.

Administration and Congress leaders are
discussing the desirability of passing a
law under which Mr.. Justice Moody of
the United States Supreme Court might
retire from the bench with pay. Under
existing law Mr.. Moody cannot retire
until he reaches the age limit which is
many years off. 1t is said he can Ill
afford to resign. especially as he Is dis
abled by illness.
| II such a law were passed, authorizing
the President in his discretion to retire
a justice of the Supreme Court for dis
ability, and advantage taken Of it in be
half Of MI Moody, 1t would be ssible
10 have the great trust cases argued
before a full bench of nine justices.
Importance of the Litigation.
| On every hand the profound impor-
tance of the pending antitrust cases is
recognized. Not only are they important
in themselves as affecting two gigantic
industries with far-reaching and wide
spread affiliations. and many lines
Of financial and industrial undertaking.
but over and beyond that consideration
| is the fact that upon their adjudication
is based the whole campaign of the adj
ministration for control of the trusts.
Suits against many other combinations,
| corporations in the country, depend for
| their commencement or withholding upon
| the courts analysis of the Sherman law
| and its application to the corporations
which is expected in these cases. If
/ the law Is fully sustained, the govern
ment proposes to attack some corpora
tions; II limited, proceed against the
! class therein found, and il the scope OF
| the law should be curtaiied. the pros
| ecutions will be trimmed accordingly.
Government Is Confident.
For the past two OF three weeks the
government has been confident of vic
tory in the tobacco and Standard OIL
cases. Whether that victory was to be
obtained by affirmation of the lower
courts DEGREES, through a tie vote in
the Supreme Court or by a mere ma
jority of one, would make a difference.
Ii affirmed on tie there would be no
opinion from the court. If the govern
ment won by one vote, there would be
dissenting opinions of such Importance
as possibly to warrant demand for re-
opening of the cases.
What the government wanted was
definite, clear, unambsuous ANALYSIS of
| the Sherman law, supplementary to the
| decisions made in the past-the last
| word on trust control in the United
states. With such decision as the
creed the administration could go ahead
|
| case might be, with its policy of trust
| regulation.
| There is every indication that the
United States Supreme Court recognized
Just as keenly as the administration oni-
cials the responsibility attaching to the
adjudication of these cases and that the
court declined to allow its Judgment to
be dictated by a four to three vote. or to
go by default, so to speak, on tie
Court Makes Decision.
Unauestionably it was the Supreme
Court itself that decided on the reargu-
ment of the cases, and without consulting
the government or even intimating to the
government its intention in advance of
| the announcement yesterday.
No considerations of political exigency,
present or prospective, and no regard for
| administration policies weighed in the
decision to reargue, II is asserted in high
quarters.
On the contrary, from information at
hand there is ground for the belief that
| the Supreme Court was moved by con-
sideration of the Importance of the de-
cisions on the trust case to the indus
| trial and financial interests Of the coun-
| try and the possible effect upon the vast
! and complicated system of modern bust
ness operations.
Date of Rehearing
before next October, nor decided before
| the end of the calendar year. In the
! interim with the plain inference which
/ every one draws that the court will sus-
/ tain the Sherman law in its application
| to combinations of the character of the
| Standard Oil and the tobacco company,
| the subject corporations can put their
| houses In order for the inevitable
| Every man who Is in touch with the
financial and industrial world is aware
| of the hair-trigger situation in the past
/ ten days, while the country has been
awaiting the decision in these cases.
! The intimaton was more than broadly
| given that the government was ready
| to attack of the greatest combina-
! fions in the country as soon as a fayora-
BILE decision was handed down on To-
bacco and Standard Oil. This combina-
! ton was mentioned by name and there
| are a score of others which are pop
ularly estimated to be in the same cate
/, CORY
| No later than Saturday night Attorney
| General Wickersham. in his Chicago
| speech served notice on the country what
| is to be expected from this administra-
tion as soon as it is armed with a SUI
preme Court decision to its liking There
is to be crusade Of "trust-bustine' in
| earnest.
May Have Spoken by the Card.
1t is said in official circles that the At
torney General had pretty definite idea
| of the lineup of the court on the pend
! ing cases and that he was speaking by
the card when he voiced the hope"
disavowing the prediction that the court
would rule In favor of the government.
| No mortal man can tell what the next
division In the court will be, especially
II it Is possible to have the reargument
before a full bench. Two facts, however
are said to stand out indisputably.
| First, that the next vote is likely to
be SO decisive as to satisfy the country
and to put at an end to further agitation
of the application of the Sherman act
| Second, that the combination which NAV
fall under its inhibit1ons, have now had
fair warning of what Is to be expected
land can arrange their affairs so as not to
bring about a crash in the whole in
dustrial and financial system.
|, JUSTICE MOODY IMPROVING.