The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-10-09

lIItaiutAls W imam Nelson OfOuhWtil
and others in connection with the
sale of the Panama canal. The docket
contains also a corresponding case
against the indianapolis News.
The manner in which the docket
has been arranged TO date presents
fOrty-siX cases 10 be called the open
ing day of the October term.
The tobacco trust and oil trust cases
are 10 be reargued and the clerk Of
the court has placed them on the
docket for November, without any
definite date. In each of these cases
the government has assumed the
role of trust buster" because Of its
attempt to dissolve what il deems a
trust operating in violation of the
Sherman antitrust act.
The case against the American To-
bacco company, generally known as
the tobacco trust" is one in which
the Supreme court must determine if
the company is a combination in re-
straint of trade. Several lower courts
have held il TO be such, while on tho
other hand some of the courts have
decided otherwise
Attorney General WickeFsham is
expected TO appear personally before
the Supreme court during the argu-
ments in this suit. although the gov
! Ct AlAAAtlAl Will DC BItSrilNFu the
greater part of the time by its solicitor
general. 1t is dih1cult at this time TO
fOretell the amount of time this case
viii occupy before il is disposed of,
and on every side the issue is being
awaited with great anxiety. This
same uncertainty exists as TO the final
/ disposition of the Standard Oil case
Contention of Uncle Sam.
The contentious of the government
in the Standard Oil case are grouped
under nine separate heads. Among
them are: That the company is a
mbination in restraint of trade.
monopoly N violation of law; that il
obtained rebates and discriminatory
rates in the transportation of its prod
ucts as against its competitors; and
that il is engaged in oppressive meth
DDS Of competition, thereby destroying
the small manufacturers and dealers
throughout the country.
Possibly what is considered 10 be
next Of Importance are the corporation
tax cases. which have been assigned
for reargument al such time as full
bench viii be present No definite date
for a hearing has been set.
The Supreme bench today. not in
Guiding Justice Moody, who has re-
tired is composed as follows:
John Marshall Harlan Of Kentucky, |
who is n years old. and who has
served thirty-three years: Edward ID. /
White of Louisiana, 60 years old. has
served nineteen years; Joseph McKen- !
ma of California, 6 years old, served |
thirteen years: oliver Wendell Holmes
Of Massachusetts, SO years old, has
been on the bench eight years; VIII /
liam R. Day of Ohio, former secretary |
Of state under President Mckinley 81 |
years old, has been on the bench sew
en- years; Horace H. Lurton of Ken |
lucky, Sc years old. appointed TO the |
bench January last.
Governor Hughes Of New York, who |
was appointed early last summer TO MI |
the vacancy on the bench caused by /
the death of Associate Justice Peck I
ham, and who was Immediately con- |
firmed by the Senate, Will be sworn ia |
as associate justice on the first day of |
the October term. This formality Will /
be the first order of business when |
the court cOnVenes.
In following the custom OF the
court, Governor Hughes will take two /
Oaths One is provided by a statute |
of law and is known as the judiciary /
oath The ceremony is performed at
the desk of the clerk Of the court in /
the presence of the bench. the court /
officers members Of the bar and visit /.
Ors. The other oath is that admin |
istered 10 all persons entering the I
government service. In the case of a /
Supreme court justice it is admins !
tered by the presiding justice in the |
rObing room Of the court and in the |
presence of the associates.
Hughes for Chief Justice.
Ii is generally believed President /
Taft will appoint Governor Hughes to /
an ILL.,
ever, this important appointment is 4
hardly expected until after Congress |
cOnvenes.
Associate Justice Harlan has been |
frequently mentioned in connection /
with being made the next chef JUS
tice. President Washington was the /
only President who ever named an |
associate justice for chief justiceship |
of the Supreme court He appointed 1
John Rutledge Of South Carolina in
1875, 10 succeed John jay. The ap-
pOintment was made during the recess
of Congress, and Rutledge served as
chief justice until a few days after
Congress met the following December,
when his nomination was acted upon
adversely and his name was with
drawn.
The name Of Attorney General
Wickersham has been mentioned in
connection with one of the vacancies
on the Supreme bench. Louis Mar
shall. member of the firm OF Samuel
Untermeyer OF New York, and former
Secretary of War Luke Wright, also
have been spoken of, as has Senator
Sutherland OF Utah.
Before final adjournment next May
the court will have taken several re-
cesses in order that its members may
study the cases before them and to |
prepare opinions The first recess
will be during the last three weeks in
The second will be during
the last two weeks in December, and
another late i'm March. It depends
upon the progress of the court and the
nature OF the work. whether a fourth
recess will be necessary.
nruurn g Mn npIunr TIlir TtpIc