Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-04
THE COURT RECORD.
United States Supreme Court.

darian, Mr.. Justice Brewer, Mr.. Justice
White. Mr.. Justice Peckham. Mr. Justice
McKenna, Mr.. Justice Holmes, Mr. Justice
Day and Nr. Justice Moody.
John p. Nields OF Wilmington, Del /;
Jeptha D. Howe of st. Louis. No.. and
Thomas Hackney Of Carthage, Mo-. were
admitted to practice.
No. 2so. City of Chicago. appellant, agt.
Darius O. Mills; appeal from the circuit
court Of the United States for the north.
With costs; opinion by Mr.. Justice Day;
dissenting: Chief Justice Fuller and Mr..
Justice Harlan.
error, agt. Paul H. Walker ct al; In error
to the supreme court Of the state Of Idaho;
Judgment affirmed, with costs; opinion by
Mr.. Justice McKennai dissenting, Mr.. Jus
ttce Brewer and Mr. Justice Peckham.
No. 81. Charles Brown ct al, plaintiffs in
error, agt. Enos c. Walhng; In error to the
supreme court Of the state Of Idaho; judy
ment affirmed. with costs: opinion by Mr..
Justice McKenna; dissenting, Mr.. Justice
Brewer and Mr.. Justice Peckham.
No. 40 w. A. Walker executor, etc., ap-
pellant agt. ]. w. McIIoud. trustee, ct al. !;
appeal from the United States circuit court
OF u, appeals for the eighth circuit; decree
afhrmed. with costs and cause remanded
to the United States court for the central
district of the Indian Territory; opinion by
Mr.. Justice Peckham.
The Chief Justice announced the follow
ing orders of the court:
No. II. Original. The United States Of
America, complainant, agt. John F. Shipp
ct al; this cause coming on to be heard an
respect of the appointment of a special
commissioner to take testimony herein and
the parties duly appearing by their coun-
sci, having agreed upon fit person for
such appointment and communicated nomi-
nation to the court, 1t Is ordered that Mr.
James D. Maher, a resident of the District
of Columbia, be, and he is hereby, appoint
ed commissioner to take and return the
testimony in this proceeding. with the pow
nc If ofa to- o6 H.
the rules of this court; but said commits
sioner shall not make any findings of fact
or state any conclusions of law.
1t Is further. ordered that the taking Of
of Chattanooga, in the eastern district of
Tennessee. as soon as possible, at such
place as the commissioner shall designate,
reasonable notice thereof to be given coun-
sci on both sides, and be proceeded in with
all convenient speed: and the commissioner
is hereby authorized also to take testimony
elsewhere II that shall be agreed on by
counsel or appear to be necessary. with
leave to him or to either of the parties to
apply to the court for such orders in that
regard as they may be advised. Said COM
missioner shall promptly report to the court
the testimony taken by him, without find
ings OF fact or conclusions of law, and shall
receive such compensation as may here
after be determined, and his actual ex-
penses an itenized statement of which
shall accompany his report.
No. -, Original. Elk parte; in the mat
ter of Harrison Boynton, petitioner; motion
for leave to file petition for a writ of
habeas corpus and to proceed in forma pau
peris denied.
No. $50. The Philadelphia and Reading
Railway Company, petitioner, agt. Julia
klutt, ETC.; petition for writ of certiorari
to the United States circuit court of appeals
for the third circuit denied.
No. SCI. Horace F. Brown ct al, petit
toner, agt. Robert Henry Lanyon, ct al:
petition for writ of certiorari to the United
States circuit court of appeals for the
eighth circuit denied.
No. 562. Boston and Maine railroad Pc
titioner. agt John N. Gorkey:s petition for
a writ of certiOrari to the United States cir
cult court of appeals for the second circuit
granted.
No. 5S7 Damselle Howard, administrator,
etc, PLAINTIFF in error, agt. the Illinois Cen
trail Railroad Company ct al: advanced and
assigned for argument on Monday, April 8,
after the cases already set down for that
day, on motion of Mr.. Attorney General
Bcnaparte, on behalf of the plaintiff in err
rOr; leave granted to the United States to
file brief and be heard in the argument as
amicus curice on motion of Mr.. Attorney
General Bo1aparte for the United States,
No. 594. NJ. c. Brookes. administrator,
etc. plaintiff in error, agt the Southern Pa
argument on Monday, April 8, after the
cases already set down for that day, on
motion of Mr. William r. Harr. for the
plaintiff in error.
,
Limited. plaintiff in error, agt. the st.
Louis Mining and Milling Company of Mon
tana; mandate stayed for ten days for
motion Of Mr.. Jackson H. Ralston, for the
No. 80. George w. Crossman ct al, plain
tffs in error, agt. George R., Bidwell; in
error to the circuit court of the United
States for the southern district of New
York; dismissed with costs on motion OF
Mr.. Solicitor General Hoyt, in behalf of
counsel for the plaintiffs in error.
No. 800 Thomas NJ. Fields. plaintiff in
error. agt. the United States; motion to
eral Hoyt, for the defendant in error.
No. 568. Matherson Alkali Works, petit
toner. agt T. T. Matherson; petition for
a writ Of certiorari to the United States
suit submitted by Mr.. Frank w. Christian,
for the petitioner, and by Mr.. Daniel Trigg,
Mr.. Robert L. Harrison and Mr.. William
Byrd. for the defendant.
Company. petitioner, agt the Lewis Weight
& Sons Company; petition for a writ of
certiorari to the United States circuit court
of appeals for the sixth circuit submitted
by Mr.. Myer Cohen in behalf of Mr. Louis
Marshall, and Mr.. Joseph Wildly for the
petitioner. and by Mr.. Morrison R. Waite
for the respondent
No. :. Oribinal. Commonwealth of Vir-
ginia, complainant, agt. state of West Vir-
ginia: reassigned for argument on Monday,
March IL, on motion of Mr.. G.. w. Nc
Clintic for the defendant.
No. 2O1. The Cincinnati, Hamilton and
Dayton Railway Company ct al, appel
lants. agt. the interstate commerce COM
mission; leave granted to file an additional
brief on motion Of Mr. L. A. Shaver for
the appellee.
No. 81. Home Savings Bank, plaintiff in
error, agt. the city of Des Moines ct AL
No 80. Peoples Savings Bank, plaintiff
in error, agt. the city of Des Moines ct al,
and -
No. 81. Des Moines Savings Bank. plain
tin in error, agt. the city of Des Moines ct
al; motion TO fix day for reargument sub
mitted by Mr.. Frederic D. Mckinney in
behalf of counsel.
No Isl. The American Railroad Com
pany of Porto Rico, plaintiff in error, agt.
Julio p. Castro, and -, :-,- =.
No. 467. The American Railroad Com
pany of Porto Rico. plaintiff in error agt
Felicia Cardona de Castro ct al; leave
granted to f1ie a supplemental brief herein
on motion of Mr.. Frederic D. Mckinney
for the plaintiff in error.
No. 563. Charles w. Hunter ct al, pc
titiOners, agt. Rebecca A. johnson ct al;
petition for a writ of certiorari to the
United States circuit court of appeals for
the eighth circuit submitted by Mr.. Robert
A. Howard in behalf of Mr.. L. p Berry for
the petitioners. -.
No $751; Herman Frasch appellant and