The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-12-30
HOLIDAYS RECESS
ENDS ON TUESDAY
When Supreme Court Con-
venes on that Date Will
Have a Big Docket.
american News servicc)

Washington. ID. C., Dec. 30.-Follow-
ing the holiday recess the Supreme
Court OF the United States will recon.
vene Tuesday for what promises to be
one Of the most important sessions
In the entire history OF that body.
Owing to the deaths OF Chief Justice
Fuller and Associate Justice Brewer.
and the Illness Of Associate Justice
Moody. which necessitated his retire
ment from the bench, virtually all OF
the important cases argued during the
past year before the highest tribunal
must be reargucd before they are
decided.
When the Court convenes next week
Il will be the first time In oyer a
year that IL has met with full
bench. The court will be composed
Of Edward d. White. the new Chief
Justice. and Associate Justices Harlan,
McKenna. Holmes. Day. Lurton. Hugh
es. Van Devantcr and Lamar.
cases heard at the last term which are
on the docket for reargument. Many of
the cases will be heard at the same
time. The fifteen involving the con-
stitutionality OF the corporation tax
were heard as one case and doubtless
will be SO presented at the next hear
ing.
The corporation tax cases are set
for argument next Tuesday. These
cases were brought TO determine the
legality OF the new tax. which Is bring
ing In revenue at the rate of $25,000.-
900 year. The law went into effect
June 80 Of this year. Should the Su-
preme Court after reargument, declare
the tax not constitutional. the money
already collected must be refunded.
OF Equal Importance.
OF equal importance with the cor
poration tax cases are suits brought
by the Government for the dissolution
OF the Standard Oil company and the
so-called tobacco trust. These also are
on the docket for reargument newt
Tuesday.
These two cases involve substantial
~ every feature OF the trust ques-
ton" so far as II falls within the pur-
view of the Sherman antitrust law.
Yet they are not precisely alike. In
deed Il is said that in some particulars
they are SO dissimilar that the court
might find In favor Of the Government
In one case. and against 1t in the
other.
The two eases arc alike In that they
are proceedings In equity to epjoin al
legged violations of the law of the land
neither is in its essence a criminal
action. In both suits the charges
pressed are those alleging unlawful
combination and conspiracy In re-
straint Of Interstate trade and COM
merce. and continuing monopoly or at
tempted monopoly, of important ele
ments in interstate commerce.
The Standard Oil company of New
Jersey is attacked as a holding com
pany." while tho American Tobacco
company Is alleged to be both hold
Ing and an operating company. An
other difference between the two cas-
Ga lies In the fact that the STANDARD
Oil company is charged with offenst
against the sherman law alone; the
tobacco corporations are charged will
offending also the Wilson tariff act o
1894. which extended the application
Of the antitrust law to any conspirac!
IN restraint of trade one party to which
was an importer.
In Tobacco Suit.
As a result of the hearing of tn
two cases in the circuit courts, othe
differences were either made or be
came apparent. In the tobacco sui
the lower court did not find sufficien
evidence to hold that there was mon
opoly In the trade in question. al
though II did hold that there was
combination In restrain of trade. Il
the Standard Oil case. the court wa
unanimous in finding that there wa
an illegal monopoly in addition t
there being conspiracy.
A number Of other important case
are to be reargued. In addition to tn
corporation tax cases and the ant
trust suits. The boycott and contemp
cases arising out OF the injunction pre-
ceedings In the District of Columbi
against the American Federation {
udNt uSSlI asSISuSu ioi hSai III
on January is. Two other cases {
Importance are those involving I'll
question whether the penalties for viz
iating the MANIFESTATIONS law fo
the transportation of live stock sha
be determined by the individual shil
mcnts. or by the train. Two NOR
cases involve the validity Of indie
ments for grazing sheep on forest re
ervations without the permission of tn
Government: two others. the use
the waters of the Walker river
California and Nevada, and two moi
the enforcement Of the Oklahoma pr
hibition laws in interstate shipment
Still another important case that wi
come up for reargument is that invol
inf the constitutionality OF the houl
Of service law for railroad employees