Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-02-24

second circuit; nrSt question answered III
the negative; court declined to answer the
second question; opinion by Mr.. Justice
White.
No. 80. D. &c Fritzien ct al. plaintiffs
in error, agt. the Boatmens Bank: in
error to the supreme court of the state
of Kansas: judgment affirmed with costs;
opinion by Mr.. Justice White.
No. 80. Hammond Packing Company,
plaintiff in error agt. the state of Ar
kansas; in error to the supreme court OF
the state of Arkansas; judgment affirmed
with costs: opinion by Mr.. Justice White:
dissenting. Mr. Chief Justice Fuller and
Mr.: Justice Peckham.
No. n American Express Company,
plaintiff in error. agt a. T. Mullins; in
error to the Kenton circuit court of the
state of Kentucky; Judgment reversed
with costs and cause remanded for FUR
Their proceedings not inconsistent with the
opinion of this court; opinion by Mr.. JUS
tice Brewer.
No 593 Christ Nelson. plaintiff in err
ror. agt. the state of Oregon: in error to
the supreme court of the state of Oregon:
remanded for further proceedings not in
consistent with the opinion Of this court;
opinion by Mr.. Justice Brewer.
No. "a. Juragua Iron Company. limited.
appellant, agt the United States; appeal
from the Court Of Claims: judgment af-
firmed: opinion by Mr.. Justice Harlan.
No. 613. Smithsonian Institution ct al.
plaintiffs In error, agt. Gamaliel c. st.
advance granted and cause assigned to be
heard Monday. April 5. after the cases al
ready assigned for that day; announced
by Mr. Justice Harlan. (The Chief JUS
tice took no part In the disposition OF this
motion.)
No. 81 Albert l.. Johnson, plaintiff in
error. agt. William Mueser; in error to
the Court OF Appeals of the District Of
Columbia: dismissed for the want OF jurls,
diction: petition for writ Of certiorari
denied; opinion by Mr.. Chief Justice
Fuller.
No. SO. E. c. Atkins & Co.. appellant
and plaintiff in error. agt. Edward b:
Moore commissioner of patents; appeal
from and in error to the Court of Appeals
of the District of Columbia: dismissed for
the want of jurisdictions; opinion by Mr.
Chief Justice Fuller.
No g. Marcellus Thomas. plaintiff in
error. agt. the state of Texas; in error to
the court of criminal appeals of the state
of Texas; judgment affirmed with costs;
opinion by Mr.. Chief Justice Fuller.
No. 1913. Laurel OIL and Gas Company,
in error to the United States circuit court
of appeals for the eighth circuit; dismiss
ed for want of jurisdictions; opinion by
Mr.. Chief Justice Fuller.
No 40. Toy Toy. appellant agt. c. B.
Hopkins, United States marshal; appeal
from the circuit court Of the United
States for the western district of Wash
ington: final order affirmed with costs;
OPINION Dy MT. InleI JuSllCt It ullcI-
The chief justice also announced the
following orders of the court:
No. SO. Josiah Coder, trustee, etc. APP
pellant. agt. William Arts; it is ordered
that cerhorari issue to bring into the
record the assignment Of. errors upon
which the trustee appealed from the order.
and judgment of the district court to the
circuit court of appeals. Also that coun-
sci for Cooler trustee. be requested to file
brief within fifteen days from this date
upon the subject of the jurisdiction of
this court and the court of appeals to en-
terrain this case by appeal or otherwise;
five days to reply if counsel shall be so
advised.
No 33s The United States, plaintiff in
erro. agt. the Union Supply Company;
No. J4. The United States, plaintiff in
error, agt. Bob Celestine;
No. JO5. The United States. plaintiff in
error agt. John A. Corbett ct al:
No 500. The United States. plaintiff in
error, agt. Simon J. Mescal:
No. 615. The United States. plaintiff in
error, agt. Tilden B. Stevenson ct al:
No SIG. The United States. plaintiff in
error. agt. Tiden B. Stevenson ct al: and
No. 649. The United States. plaintiff
in error, agt. Harvey Sutton ct al; mo-
ton to advance granted and cases set
down to be heard on the first Tuesday
of the next term as one case after the
cases already assigned for that day.
No $50. The United States. appellant,
agt the American Tobacco Company
ct al. and
No. 661. The American Tobacco Com
pany ct al. appellants, agt. the United
States; motion to advance granted and
causes assigned to be heard on the first
Tuesday of the next term after the cases
already set down for that day.
No. 100. The United States, petition
er. agt. Daniel j. Remer ct al; petition
for writ of certiorari to the United
States circuit court of appeals for the
fourth circuit submitted by Mr.. Solicitor
for no
No. 63S. Mrs. Frances E. Waterman.
wife. etc, appellant. agt. the Canal
Louisiana Bank and Trust Company,
executor. etc, ct al: advanced under the
Howard McCaleb. jr.. for the appellant,
and submitted by Mr.. f. Howard Nc
Caleb and Mr.. E. Howard McCaleb. jr.,
for the appellant. and by Mr.. Edgar H.
Charles F. Fenner Mr. George c. Walsh.
Mr.. George Fl. Terriberry. Mr.. H Car
land Du Pre- Mr.. Walter Guion and Vic
tor Leovy for the appellees.
No. sos. The Baltimore and Ohio Rail-
road Company agt. the interstate COM
merce commission; motion to advance
submitted by Mr.. George F. Hamilton
for the Baltimore and Ohio Railroad
Company.
No. 5O1. The interstate commerce
commission. appellant, agt. the Chicago
and Alton Railroad Company, and
No 5O2 The interstate commerce
commission, appellant, agt the Illinois
Central Railroad Company: leave grant
ed to the Pennsylvania Railroad Com
pany to file brief herein on the side OF
the appellees on motion of Mr.. Frederic
D. Mckinney in that behalf.
No 233 Oswald c. Ludwig. as secre-
tary of state Of the state of Arkansas,
appellant. agt the Western Union Tele-
graph Company: motion to advance to be
heard with No. 146 submitted by Mr.. W.
c. Sullivan in behalf of counsel for the
Western Union Telegraph Company.
No sos The General Fireproofing Com
pany, petitioner. agt. the Expanded Metal
Company; advanced to be heard with NO.
&c as one case.
No -. Original. Ex parte: In the
matter of the Hudson OIL and Supply
Company. petitioner: motion for leave to
file a petition for a writ of prohibition
submitted by Mr. De Lagnel Berier for the
petitioner.
No. -. Original. FIX parte: In the
matter of Frank McWilliams. petitioner;
motion for leave to file a petition for
WI. eff prohibition submitted by Mr.. Rich
ard D. Currier for the petitioner.
No - Original. Elk parte: In the
matter of Mary Hatch Riggs, admins
tratrix etc, petitioner: motion for leave
to file petition for a writ of mandamus
submitted by Mr.. Benjamin S. Catchings
for the petitioner.
No no. The Macon Grocery Company
ct al. appellants, agt. the Atlantic Coast
Line Railroad Company ct al; motion to
advance submitted by Mr.. Frank s.
Bright in behalf of counsel for the APP
pellants
No. go Elizabeth NJ. McGilvra ct al.
apneIIantS aRt F. w Ross, as state land