Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-10-07
SUPREME COURT TO OPEN BUSY
SESSION IN WASHINGTON
! NEXT MONDAY.
TRUST CASES TO WAIT
!, UNTIL VACANCIES ARE FILLED
Three New Men on Bench, With Moody
Vacancy 40 Vet UnfilIed-Peonage
Cases From Florida and Controversy
! Between virsinias to Be Decided at
! Present Term.

Washington, Oct. T. The supreme
court Of the United States will con-
Nene next Monday at noon for one Of
the most important sessions in it's his
tory. During the coming eight months
1t will will lhave to pass upon cases
profoundly Involving the industrial and
business life Of the nation, and this
fact adds Importance to the pending
changes in the personnel Of the great
court occasioned by the death of Chief
Justice Fuller and Associate Justice
Brewer, and the retirement Of Assoc
riate Justice Moody. Governor Charles
-. Hughes, of New York. has been con-
firmed in the case OF Justice Brewer,
and there appears excellent reason to
expect that he will be named in the
place Of the chief Justice, altho Associ-
Rte Justice Harlan, the senior surviving
member Of the court, has been much
spoken Of for promotion to the chief
eusticeship. In any event. including
Justice Hughes. there will be three
new men on this bench during the COM
ing session.
President Taft has said that he will
make no recess appointments to the
court; this means that the chief
3usticeship and the place of Justice
Moody probably will remain vacant un-
til the regular session of congress be-
ginning in December
Big Cases Postponed.
1t also means undoubtedly that the
three great corporation cases upon
which the expectancy Of the business
world is conferred will not come up
for reargument at least until after the
Christmas recess of the court. OF these
cases. two, the Standard Oil case and
the so-called tobacco trust case, were
set for re- argument on Nov IA. The
series of corporation tax cases were
merely restored to the calendar for re-
argument. In ordinary circumstances,
this would throw them over for year
or more. The general expectation is
that none Of the three cases will be
taken up until all the vacancies in the
court have been filed, and that then
the corporation tax cases will be ad-
Nanced and with the other two cases
mentioned, will be set for dates rela-
lively early In 1911.
Aside from these celebrated causes.
q tremendous amount Of work awaits
the court at the beginning of its ses-
sion. Upwards Of forty cases, many
of large import, have been assigned for
argument next Tuesday, or as soon
thereafter as possible. Ordinarily, each
Justice delivers about thirty opinions
during year; hence If one member
were to undertake to cover all Of next
Tuesdays docket he would not be thru
with it until far into 1912.
tn EoIIou Old Custom
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, it is said, the
court had practically never failed to
adjourn Immediately upon converting
on the second Monday in October: to
go in body to the White House. Once
or twice Cleveland was away from the
city, and Roosevelt even more frequent
ly. Nevertheless the call of the docket
of cases to be argued has never been
taken up on the opening day. Even if
the president Is not in town. the court
adjourns after receiving motions. until
the following day. This year President
Taft will be at Beverly; the fact will
be announced by Justice Harlan pre-
siding, and the court will adjourn.
Largely on account Of there not being
a full bench last term, many important
cases were set for argument, out Of
their turn, for Tuesday. The contin-
uing vacancies may cause the further
postponement Of several Of them. The
death Of Solicitor General Bowers may
also result in the postponement of a
humber Of government cases.
Suit Between States.
y
Is the dispute between the state Of
West Virginia and the commonwealth
of Virginia as to the amount of money
khe former owes the latter by reason
of the formation Of separate govern
ments. Charles e. Littlefeld. special
master of the court, last spring re-
ported that the amount varied from
about 100000 to about 100000 ac-
rording to the basis that might be
accepted for a settlem ent. Some Of the
most prominent lawy ers in the coun-
try will appear before the court to ar
que on exceptions to the report, which
will be preparatory to final judgment
In the case.
Peonase Cases From Florida.
Immediately following the Virginia
Ease, the court will hear the famous
peonage cases from Florida. Only the
favorable action Of the supreme court
It is said, can now save several men
from going to the federal penitentiary
for alleged violations Of the laws
against compulsory service. w. s..
Harlan, general manager Of the Jack
son Lumber Company, with big mills
near Lockhart, Ala, has been sentence
ed to serve eighteen months at hard
labor In the federal penitentiary at At
lanta, Ga, and to pay a fine of $4,000;
Robert Gallagher, logging superintend-
ent, to fifteen months and a fine of ST.
900; C. G. Hilton and s. E. Higgins,
employees, to thirteen months, and a
fine Of $1,000. all for having conspired
to commit the offense known as peon-
age The accused are seeking to be
released on writs of habeas corpus, the
claim being that the sentence to hard
labor was illegal. that the trial court
had no jurisdiction and that the grand
Jury was not constituted according to
law.
Scarcely of less interest in the labor
world will be the cases involving the
constitutionalfty Of the employers liza