Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-10-11
Justice Hughes Installation
and Memorial for Justice
Fuller Are the nain Matters
for the Opening Session
BARELY A QUORUM is
PRESENT FOR BUSINESS
MomentouS Cases, Including
Oil and Tobacco Trusts De-
ciSions, and Numerous La
Dor Questions Face Court
CBy Associated Press.)

WASHINGTON, Oct- N.-SereInOny
marking the advent of a new judicial or
the law. constituted today the solemn
business of the supreme court OF the
United States. Charles E. Hughes, OF
New York, donned the robes of office
as an associate justice with all the
formaIities designed to give dignity to
the court, and then, with a few words
of sorrow expressed by the senior ASSOC
ciate justice, John Marshall Harlan the
court adjourned until tomorrow out OF
aspect to the memory of the late Chief
Justice Melvin w. Fuller.
The little court room was crowded with
persons especially interested in the GER
emony of the opening day of court. Con-
spicuous among those were the mother,
the wife and the daughter of Justice
Hughes.
The administration of the oath of the
new justice consumed but a few mo-
ments, then Justice Harlan announced
the death of the chief justice and spoke
of his distinguished services to the coun-
try. He concluded with the remark that
the memory of his famous life would
ever remain as a priceless heritage TO
his countrymen.
Exactly eight minutes after conVenlng
the court adjourned
Not in years until today has the apen-
ing day of the supreme court OF the Y. ;.
rolled around with barely quorum OF
justices ready to go on the bench. ms
death of Chief Justice Fuller left the
court without a permanent head, wniie
the passing away of Justice Brewer ana
the illness of Justice Moody, whose res
Nf,nr
reduced the active membership TO six
CHANGE IN SEATS
One noticeable result was the change
in the seating arrangement of the JUS
tees. This provided for Justice Harlan.
the senior member of the court, to move
from the place of honor he had occupied
for years,~at the right of Chief Justice
Fuller. to the chair of the late chief
Justice himself. in recognition of his hav-
ing become temporarily the presiding JUS
tice of the court This arrangement was
designed to be effective until new CHEZ
Justice is appointed, at least.
Although nearly us cases are on the
docket, the largest number probably in
the history of the court at the opening
of a term, The program for the day was
limited because of the ceremonies attend
ing the swearing in of Justice Hughes
and those marking the death of Chief
Justice Fuller. Tomorrow the court will
begin in earnest the work of the year.
SOME IMPORTANT CASES
Labor questions confront the supreme
court of the United States at the Begin
ming of its eight-months' work for 1870
1911 in number and degree of Importance
perhaps unprecedented. With the mo-
mentous industrial consequences hang
ing upon the decisions in the Standard
oil. Tobacco trust and corporation tax
cases. those involved in the pending Ia
Dor litigation will serve to give mark
ed social economic color to the work OF
the court.
Prominent among the labor cases to
be heard and passed upon at this term
are the so-called Gompers contempt
case. the employers liability law cases.
the employers liability act of 1906. The
court found that law sought to regulate
individuals and corporations engaged in
interstate commerce, as well as to those
engaged in interstate commerce. Now
the new law is attacked on the same
grounds. &
In dissenting from the majority opin-
ion of the court in holding the employ
ers liability law unconstitutional, Justice
Moody said:
JUSTICE MOoDY'S OPINION
''If the statute now before US is be-
VOnQ Inc PO''NA "
gress surely the safety appliance act Is
also void. for there can be no distinc-
tion i'm principle between them.
The railroads will try to convince the
entire court, or at least a majority OF
II that Justice Moody was right.
Still a third law which has been at
tackled as valid and which is expected
70 he the subject of an early opinion is
the .'hours of service law for railroad
employees This act of congress passed
in 1907 D-niting the hours of service to
he reoInred of railroad employees has
been attacked on the ground that like
the old employers liability 1t applies to
nersons engaged in intrastate business
as well as to those engaged in ter
state.
For the first time since the government
began a Campaign against the alleged
naonaRe practice in the south, accused
individuals will appear before the SUI
nreme court to fight against the impo-
sition of sentence of imprisonment on
charges of having violated the laws OF
the United States forbidding compulsory
labor in payment of debt. The general
manager, a logging superintendent, and
another employee of the Jackson Lumbsr
company. of Alabama, are the accused.
they were unsuccessful in having the
lower courts release them from custody
after they had been found guilty and
now the supreme court is to pass on
their appeal.