Omaha daily bee., 1910-10-08
SUPREME COURT MONDAY
Number of Important Cases Will
Come Up This Term.
THREE VACANCIES ON BENCH
Big Antitrust Cases WIN GO over
EmpIOyers' Liability Law and
Labor Contempt Cases VIII
he Heard.

COuIN VI Nue OhlNSu ONhNeH Will bohNoho
next Monday at noon for one of the most
important sessions in its history. During
the coming eight months 1t will have to
pass upon cases profoundly involving the
industrial and business life of the nation,
and this fact adds Importance to the pend
ing changes in the personnel OF the great
court occasioned by the death OF Chief
Justice Fuller and Associate Justice Brewer
and the retirement of Associate Jus
tice Moody. Governor Charles f. Hughes
of New York has been confirmed in
the place of Justice Brewer, and there
appears excellent reason to expect that he
will be named in place of the chief JUS
tice, although Associate Justice Harlan,
the senior surviving member Of the court,
has been much spoken OF for promotion to
the chief justiceshp. In any event, In
GLIDING Justica Hughes there will be three
new men on this bench during the coming
session.
President Taft has said that he will
make no recess appointments to the court.
| This means that the chief Jusdceshp and
the place of Justice Moody probably will
remain vacant until the regular session of
congress begins in December.
Big Cases Postponed.
| II also means, undoubtedly, that the
the expectancy Of the business world is
centered will not come up for re-argumenr
at least until after the Christmas recess of
| the court. OF these cases two. the Stand
| ard Oil case and the so-called tobacco
! trust case, were set for re-argument on
| November IA. The series of corporation
| tax cases were merely restored TO the cal
endar for re-argument. In ordinary cir
cumstances this would throw them over
| for a year or more. The general expecta-
ton is that none of the three cases will be
taken up until all the vacancies in the
court have been filled and that then the
corporation tax cases will be advanced,
and with the other two cases mentioned
will be set for dates relatively early in
1911.
Aside from these celebrated causes, a
tremendous amount of work awaits the
court at the beginning of its session. Up
wards of forty cases, many of large inn
port, have been assigned for argument
next Tuesday, or as soon thereafter as
possible Ordinarily each justice delivers
about thirty opinions during a year; hence
IL one member were to undertake to cover
all of next Tuesdays docket he would moi
be through with it until far into 1912.
President Out of City.
Unbroken custom reserves the first day
Monday, theoretically at least, to paying
the respects of the court to the president
. of the United States. Before the time OF
Cleveland. 1t is said, the court had prac
tically never failed to adjourn Immediately
upon converting on the second Monday in
October to go to the White House. Once
e or twice Cleveland was away from the
city and Roosevelt even more frequently
: Nevertheless, the call of the docket Of
p cases to be argued has never been taker
J., up on the opening day. Even If the pres
. ident is not in town, the court adjourni
3 after receiving motions, until the following
/ day. This year President Taft will be a
8 Beverly; the fact will be announced b,
2 Justice Harlan, presiding, and the cour
: will adjourn. Largely on account of Their
s not being a full bench last term, man,
8 important cases were set for argument
y out of their turn, for Tuesday. The con
q tinued vacancies may cause further post
/ ponement Of several of them. The deaf
OF Solicitor General Bowers may also re
suit in the postponement of a number G
government cases.
It virginia Case Is First.
!, The first big case set for argument
,r the dispute between the state Of Yves
Virginia and the commonwealth Of Vii
II II ginia as TO the amount of money the fol
mer owes the latter by reason of the form
alton Of separate governments. Charles I
Littlefied, special master of the cour
last spring reported that the amour
Hvaried from about 100000 to 100000
according to the basis that might be az
- cepted for settlement. Some of the mo!
10 prominent lawyers in the country will al
- pear before the court to argue on excel
&c tons to the report, which will be preparG
= 10 INDIGNANT N hG
N Immediately following the Virginia cas-
Al the court will hear the famous peonas
~ cases from Florida. Only the favo
IL able action of the supreme court, It
y said, can now save several men fro
- going to the federal penitentiary for a
W legged violations of the law against con
D. pulsory service, w. s.. Harlan, gener
8 manager of the Jackson Lumber compan
b. with big mills near Lockport, Ala
la has been sentenced to serve eightet
Mt months at hard labor in the federal pc
ly itentary at Atlanta Ca. and to pay
re fine of 5000; Robert Gallagher loggiI
he superintendent, to fifteen months and
he fine of 1900: C. C. Hilton and
lie Higgins, employees, to thirteen months al
81 fine Of $1,000 all having conspired
as commit the offence known as peonag
re The accused are seeking 10 be released
he writs of habeas corpus the claim bell
that the sentence to hard labor was
legal, that the trial court had no jur
diction and that the grand jury was n
"A constituted according to law.
- Employer Liability Law.
- Scarcely OF less interest in the lab
world will be the cases involving the co
stitutionality of the Employers Liabili
~ law of 1903 This law was passed by co
gress to take the place Of the act nullfi
= by the supreme court because it applied
- intra-state commerce. as well as to int,
state. The present law has been attack
along the same lines
OF even greater interest Is the case
volving the contempt proceedings agar
the officials OF the American Federati
of Labor; Samuel Gompers. president
n the federation is under sentence to ser
" twelve months in Jail; John Mitchell, Il
merly president OF the United Mine wol
ers nine months and Frank Morris q,