Los Angeles herald., 1910-10-07
SUPREME COURT
/. TO MAKE HISTORY
Session to Convene Monday win
Pass on Cases of Nation
al Importance
BUSINESS WORLD ANXIOUS
Great Corporation Suits Involving
Millions Are to Be
Reargued
BUSINESS WORLD ANXIOUS

WASHINGTON, OCt. o.--1 he Su-
preme court of the United States will
convene next Monday at noon for one
of the most important sessions IN It's
history. During the coming eight
months it will have to pass upon cases
profoundly involving the industrial
and business life of the nation and
this fact adds to the Importance of the
pending changes in the personnel or
the great court occasioned by the
deaths of Chief Justice Fuller and AS
sociate Justice Brewer and the retire.
ment of Associate Justice Moody. GOV
Charles E. 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 justice, although
Associate Justice Harlan, the senior
surviving member of the court has
been much spoken of for promotion
to the chief justiceship. In any event,
including Justice Hughes, there VIII
he 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 chlet JUS
ticeship and the place of Justice Moody
probably will remain vacant until the
regular session of congress begins IN
December.
TRUST CASES TO BE HEARD
1t also undoubtedly means that the
three great corporation cases upon
which the expectancy of the business
world is centered will not come up Tor
reargument at least until after the
Christmas recess of the court OF these
cases two the Standard Oil case ana
the so-called Tobacco trust case, were
set for reargument on November IA.
The series of corporation tax cases
were merely restored to the calendar
for reargument. In ordinary clrcuIn-
stances this would throw them over
for a wear or more. The general eX-
recitation is that none of the three
cases will be taken up until all the
vacancies in the court have been nlleu,
and that then the corporation tax cases
will be advanced and with the other
two cases mentioned will be set 1or
dates relatively early in 1911.
The first big case set for argument
is the dispute between the state or
West virginia and the commonwealth
of Virginia as to the amount of money
the former owes the latter by reason
of the formation of separate govern
ments. Charles, z. Littlett ID, speclal
master of the court, last sphng report
ed that the amount varied, from about
So, ,OOO, 600 to $9,0UJ, 900, according to the
basis that might be accepted for
settlement. Some of the most prom
inent lawyers in the country will ap-
near before the court to argue on eX-
cetpions to the report, which will be
preparatory to final judgment in the
case.
To DECIDE PEONAGE CASE
Immediately following the Virginia
case 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 that
prohibit compulsory service.
Scarcely of less interest in the labor
world will be the cases involving the
constitutionality of the employers IL
ability law of 1908 This law was passed
by congress to take the place Of the
act nullffied by the supreme court be-
cause it applied to intrastate as We'll
a. to interstate commerce. The present
law has been attacked along the same
lines.
OF even greater interest is the case
involving the contempt proceedings
against the officials of the American
Federation of Labor, Samuel Gompers,
president of the federation, under sem
tence to serve 12 months in jail; John
Mitchell formerly president or the
United Mine Workers, nine months,
and Frank Morrison, secretary or the
federation, six months, all for alleged
contempt of the supreme court or the
District of Columbia in that they as
regarded the injunction to cease inter-
fering with the business Of the Bucks
Stove and Range company of St Louis,
which had brought suit against them
to prevent them from boycotting 1t.
All the points in the controversy are
to be laid before the court for final de-
cision.
RATE LAWS INVOLVED
The Missouri tWo-cent passenger rate
law and the maximum freight rate law
of that state have been set for argu-
ment after the contempt cases. The
constitutionality Of these laws is at
tackled. owing to the veto by Gov
ernor Hughes Of the New York two
cent fare bill, his attitude as a men,
Der of the court toward the Missouri
cases will be watched with interest,"
The court was to have given sec
ond hearing at the beginning of the
term to the Baltimore & Ohio South
western railroad cases, involving the
question as to what should be the unit
for the assessment of penalties for Vio-
lations Of the twenty-eight hour law
governing the shipment of live stock.
A case involving the constlutlonallty
of the California law of 1905 providing
for the quieting of title to real estate
in case of the loss Or destruction or
public records, as by earthquake, Will
be heard according to present ar
rangements early in the term.
FEDERAL PROSECUTIONS A
A long list of prosecutions under the
federal laws were also put forward
at the head of the calendar for the
coming term. Among these are the
appeal of the government from the ac-
tion of the New York federal courts
in setting aside the indictment OF F.
Augustus Heinze on charges of intent
TO defraud the Mercantile National
bank of New York city, of which ne
was president; the appeal of the gov
ernment from similar treatment or the
Indictment against George Kissel,
New York broker, and Thomas b. Lar
ned of Philadelphia on charges of hav-
ing conspired with the American sugar
company to restrain interstate com
merce in violation of the sherman
antitrust act by preventing the Penn
sylvania Sugar Refining company from
doing business, and several cases in
volving prosecutions under the pure
food and drugs act.
The last of the advanced cases is
the so-called World libel suit. The
government has appealed to the su-
ton n