Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-15
THE COURT RECORD.
United States Supreme Coul
Monday, November Il,

Monday, November L. 1909.
MI shef SusSise Mr. justice
| White. Mr.. Justice McKenna Mr. Justice
Holmes and Mr.. Justice Day.
j. Castle Ridgway of Hiio, Hawaii
John S. Dawson of Topeka. Kan: Evan
B. Lewis of Philadelphia. Pa: William r:
Rummler of Chicago. H.: r: Carroi
Schaeffer of Reading. Pa: Wilbur L.
Cummings of Seattle. Wash: William 1 g.
Back of Spokane. Wash. and Royal VIC
tor of New York city were admitted TO
practice
No. 4. Original. The United States of
America, complainant. agt. Joseph r
Shipp ct al Mr.. Solicitor General Bow
ers announced to the court that the de-
PENDANTS. Joseph +. Ship. jeremiah Glib
son, Luther Williams. Nick Nolan, Henry
Padgett and William Mayse, were present
in court in response to the rule issued
against them, and asked that sentence ne
pronounced. The defendants were then
called to the bar by the clerk. The Chief
Justice announced the Judgment or the
court as follows:
You. Joseph F. Ship. Jeremiah Glib
son, Luther Williams, Nick Nolan. Henry
Padgett and William Mayse, are before
this court on an attachment for contempt
| "On return to a rule to show cause you
have presented such evidence you
were advised and been fully heard orally
and on printed briefs. and after thorough
consideration you have been found guilty..
| You have also been permitted severally
TO present petitions for rehearing and
move that leave he granted TO file them,
| which after consideration have been de-
MED.
The grounds upon which the conclusion
was reached are set forth in the opinion
filed herein Monday, May ~ 1909. and
need not be repeated. nor need we dwell
upon the destructive consequences OF
permitting the transaction complained OF
to pass into a precedent for unpunished
contempt.
1T is considered by the court and the
! Judgment of the court is that as punish
ment for the contempt you. Joseph F.
| Shipp. Luther Williams and Nick Nolan.
and each of you, be imprisoned for the
period of ninety days, and that you.
Jeremiah Gibson, Henry Padgett and Will
liam Mayse. and each of you, be impris-
oned for the period of sixty days. in the
jail of the District of Columbia. The
marshal of this court is charged with the
execution of this judgment"
! No. .D5-El Paso and Northeastern Rail-
way Company. plaintiff in error, agt.
| Enedina Gutierrez. administrative etc;
In error to the supreme court of the state
| of Texas; judgment affirmed. with costs:
opinion by Mr.. Justice Day.
| No. P1Clara F.. Sylvester ct al. plain
| tiffs in error. agt. the state of Washing
| ton: in error to the supreme court of the
state of Washington: judgment affirmed.
with costs; opinion by Mr.. Justice
No. 3os. Elizabe NJ McGilvra ct al.
appellants. agt. E. w. Ross. state land
commissioner of the state of Washington,
ct al: appeal from the United States
circuit court of appeals for the ninth cir
cult: decree reversed and cause remanded
to the circuit court of the United States
for the western district of Washington.
with directions to reverse the Judgment
on the merits. and to sustain the de-
murrer for want of jurisdiction. and on
that ground to dismiss the suit: opinion
by Mr.. Justice McKenna.
| No. %. Albert Marbles, appellant agt.
Edmund P. Creecy. chief of police Of the
city of st. Louis. ct al; appeal from
the circuit court of the United States
for the eastern district of Missouri: judg-
ment affirmed with costs; opinion by Mr..
Justice Harlan.
The Chief Justice announced the fol-
flowing orders of the court:
| No. 81. Samuel Barker. jr plaintiff in
error, agt. Butte Consolidated Mining
Company: i'm error to the supreme court
of the state of Montana: per curiam
writ of error dismissed for want of
agt. Baker. 1876 L. s., 119: Haire agt.
Rice. 204 L. s.. 291; Sayward agt. Denny.
15S n. s.. $50; Moran agt. Horsky, 17s U.
s., 700: Beals agt: Cone. 1ss Y. s.. 1874:
a aoTa ag, Rude ss Isl s. 81 stewar,
agt.' North Carolina, 203 L. s., 531:
Bechtel agt. Wilson. 2O4 L. s.. So; Iowa
Central Railway Company agt. Iowa, 16O
u. S., $50.
No. 352 Jerome H. Remick & Co,
plaintiff in error. agt. Joseph w. Stern
and Edward B. Marks: in error to the
circuit court of the United States for the
southern district of New York; per
1 curiam; writ of error dismissed for want
Of final Judgment; McLish agt. Roff. 14l
L. S.. 661: Pfaelzer agt. Bach Fur Com
pany. November s. 1909.
No. $50. North Carolina Mining
Company, appellant, agt G. r. West
feldt ct al: appeal from the United
States circuit court of appeals for the
fourth circuit: per curiam;' appeal dis
missed for want Of Jurisdiction. west
feldt agt. mining company: 166 fed.
| rep. 106: application for certiorari de-
MED April 10. 1909; PA L. s.. SIC; ap-
plication for appeal denied May Is, 1909,
by the circuit court of appeals: ap-
peal granted June Il. 1909, by the cir
cult court of appeals; appeal granted
June 12. 1909. by one of the circuit
! judges who had not sat as a member
of the court of appeals on the hearing
| of the case or of the application for
| appeal; motion to set aside the order
denied August 81, 1909. Macfadden agt.
United States 213 7. s.. 2ss. Greeley
agt Lowe, 1855 L. S. IS. In re VIM.
2I3 L. S. ass. In re Moore, 700 u. S.
400.
| No GOT Guaranty Trust Company of
New York. appellant. agt. metropolitan
Street Railway Company ct al; appeal
from the circuit court of the United States
for the southern district of New York;
per curtain: appeal dismissed for want Of
| Jurisdiction. Carley agt Houston and
Texas Central Railway Company, loo L.
s., 10; in re Lennon. Id. 1893; Cornell agt.
Green, 1853 U. s., 70: Empire State-Idaho
Mining and Developing Company agt.
Hanley, 2O5 u. s., 225: Goodrich agt.
Ferris, PA L. S., IL. Farrell agt. OBrien.
1870 l.. s., 81: Louisville Trust Company
agt Knott, 1871 l.. s., 22o; United States
agt Larkin, Dos L. s.. :;33: Atlantic
Trust Company agt Chapman. receiver
Id 3eO: Bien agt. Robinson, receiver, Id.
Az; Delmar Jockey club agt. Missouri.
10 T. S., PA. and see in re Metropolitan
/ railway receivership, - L. s.. 30: Guar
anty Trust Company q. Metropolitan
street Railway company 1876 Fed. $50:
l6s Fed, a37: 10 Fed, :s95: Id. So: Id.
626; Ill Fed. 1914: Id. 1913. Id. 1919: Nor
ton Trust Company agt Metropolitan
Street Railway Company. 40 Fed. 's1;
Guaranty Trust Company agt. Second
Avenue Railway Company, III Fed. 1920;
Pennsylvania Steel Company agt. Metro