The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-11
~ THE TPRENE (OTRT.
Latter, Gases Assigned for Reargumrnt
Before a Full Bench.

WAsHINGToN. Nov. 10 Chief Justice
Fuller to-day announced a recess of the
Supreme Court for two weeks from next
Monday until Dec. /. Two cases involving
the Legality of the seizure Of lottery tickets
sent by express were assigned FOR reargu-
ment before full bench One of these.
the case of Champion VI. the United
States, from Chicago, has already been
twice argued. and IN" justices have had
it under consideration for more than
wear In addition TO the mere question of
lottery tickets there il involved the broader
one of the power of the Federal Government
over interstate commerce, and the i'm
portancc OF this j. shown by the unusual
order for argument third time. These
CASES were set for argument on Dec. :,
when il /, expected that Justice Holmes,
now of the Supreme Bench of Nassachu
sett- will have been appointed by the
President and confirmed by he Senate.
The follow wing additional cases were also
considered of sufficient import ance Ia to
heard hv full bench and were also as
signed for hearing on Dec ~ Six cases in
volN ing the COnst tut ionalty Of the tax on
corporations IN Alaska. six cases In which II
concerned the validity of the tax imposed by
the State Of kentucky ON the Louisville and
Jcfer>onvill" bridge, partly IN that state
and partly in Indiana. ami IN" appeal OF
Augustus BuTgdorf against the United
States and the Vermont Narbl" Company,
in which il concerned the question whether
the material furnished in the construction
OF a Federal building inst fled a lien against
the money received by tho &C ntractor from
the Government.
The constitu,ionali,y of the Oleomar-
garino law of New Hampshire was affirmed
to-day hv an evenly divided court four
TO four. The ca-c was the appeal Of tlar-
cnCe r.. Collins Of Manchester. y. H., who
was convicted of Hing oleomargarine In vlo-
ation Of the state Law. and in particular of
the provisions against substitute for butter
which IL courcd in imitation thereof. Col
lins appeal led tn the Supreme Court of that
State. claiming that the statute was in con-
fict with the Constitution of the United
States which. however, while affirming
the Judgment of the trial court, did not
pass upon the Federal question. The effect
of the decision to-day affirmS that of the
supreme Court Of New Hampshire and
the validity Of the law.
Tn" to,ir, declined 10 review the decision
Of ia" lower courts in the cases of J. II
Parker 4 Co.. New YORK. cotton brokers
against W. 4 Moore of Greenvillo, =. g..
involving IN" liability for margin on cotton
contracts, and &. p & J A. Chisholm and
Rober, p Scott agains, Zachariah johnson
| in which i involved the validity Qf Uatcn;
| for Smelling green peas 10y machinery.
In the former case the brokers bought
cotton ON Moore'S order and when there
was a decline in the price Of the staple he
| declined TO pay the difference, taking refuge
in the ant gambling act of south Carolina
which declares dealings in margins To le
gambling; and forbld- recovery. That stat =
NE was upheld by the lower court. In the
peas Smelling case the effect il tn invalida,e
| the Chisholm patents in the Third Judicial
Circuit, leaving them valid in other circuits
whore contrary decisions have been
rendered