The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-10-11
October Term Opens With
Total of go Cases on
Docket.
NO DECISION DUE
UNTIL NEXT MONDAY
First Two Cases to Be Argued Re-
late TO Interstate Com
merce Law.

With a total OF $40 cases on the
docket the Supreme Court of the
United States began its October. 1903.
term today under the biggest burden
of litigation II has ever experienced.
II is customary for the court TO
adjourn Immediately after converting
on the first day OF the term in order
to pay a visit of ceremony to the
President. This year, however, IN
view of President Taft's absence. the
court, after meeting AZ noon, merely
received motions. transacted some
other minor routine business. and
then adjourned until tomorrow. when
the call of the docket will commence.
It is not expected that decisions on
any OF the cases submitted at the close
Of last term will be rendered until next
Monday.
First Two Cases.
The first two cases 10 be argued this
term relate TO the interstate commerce
act. One is the famous litigation
over the Chicago terminal charges,
STYLED Interstate Commerce Commission
against the Chicago and Great Western.
II involves the constitutionality OF an
order by the commission directing re-
duction in the charge made on cars en-
tering the Chicago terminal.
A similar question Is presented IN
ST Louis case which will not be heard
for several months. In the Chicago
case Assistant District Attorney Wade
Ellis will appear for the commission,
and W. d. McHugh for the railroad.
The second Is the Southefn racine
case so-called. and the main point AT
issue is the rate fixing power OF the
Interstate Commerce Commission. Inc
railroad maintained that an order re-
curing the Southern Pacific and the
Oregon and California &c reduce their
rates on lumber IN the willamette valley
was void in that the Hepburn Law dele
gates legislative and judicial authority
forbidden by the Constitution
Missouri Case.
The circuit court for the northern dis
trict of California certified the question
20 the Supreme Court. Judge J. S.
I1ovett and Maxwell Eravts viii argue
for the railroads. case involving al
most the same question, and known as
the Missouri rate litigation. is docketed
for hearing later in the term.
II is now considered likely that the
Governments famous trust-busting suit
against the American Tobacco Company
and others. on the call for this week,
may rot be argued for some time. These
cases should he reached by Thursday,
but IL IS stated today that the Govern
ment may ask a reassignment. one rea-
son being the enforced absence from
the benc hof Associate Justice Moody,
What Is Represented.
The tobacco cases represent perhaps
the most important prosecution ever at
tempted by the Government under the
Sherman antitrust Iaw-an attempt 70
prevent an alleged combine whose total
capitalization Is nearly 500, 900 900 from
doing an interstate business, and a fall
court Is desired.
The court has before IL the petition
for rehearsing in the famous Ship con-
tempt case. On the last day OF the
180S-o9 term Sheriff James T. Shipp, his
deputy Gibson, and Williams, Nolan.
PadRett and Mays, members Of an al
negro rapist. at Chattanooga after his
execution had been stayed by order Of
the Supreme Court OF the United States.
were adjudged guilty OF contempt o.
court. Permission was granted these
defendants 70 file a petition for rehear-
ing Final decision in this manner IS
expected some time this month.
Other Noted Cases.
The calendar for this week, in addi-
ton TO the cases noted. includes half
a dozen more OF unusual interest-in-
GLIDING the litigation over Oklahoma
Indian land grants. the cotton leak
scandal and the fight over distribution
OF coal cars by the Baltimore and Ohio
railroad IN West Nirginia-one Of the
most important cases 20 the mine op-
orators and railroads now before the
courts.
Justice Peckham was absent at to-
days session, in addition 70 Justice
his vacation. He will be here later in
the week