The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-10-11
DOCKET
Of The Supreme Court Of
The United States
Literally 0vefburdened With
Important Gases
Awaiting The Arguments
And The Decisions
Inc C0uft 10 COnVene I'D
Monday Morning
Some Of The Many Gases To
Come Up For Hearing

Washington, d. c., Oct. San un-,
usual situation will face the Supreme
Court of the United States when it
convenes Monday for the term of
1901. With docket literally over
burdened with important cases await
ing argument and decision, the SUI
preme tribunal will probably be obliged
to mark time for two months or more
before it will be able to take up the i'm
portant work that is before it,
The necessity for delay arises from
the lack of full bench. At the pres
ent time the court is without a chief
justice and without that dignitary it
will be found almost impossible to pro-
ceed with the important business at
hand. 1t is pointed out that the chief
justice, in addition to being the bal
ance wheel between the other mem,
bers OF. the court, is required to pass
individually upon any delicate and inn
portant motions, requiring deep
knowledge of the procedure of the
court.
The successor to the late Chief JUS
tice Fuller, whoever may be the man
chosen for that high honor, cannot
take his seat until after he has been
confirmed by the senate, which will
not be until December. AS a conse-
quence the great cases now on the
docket must necessarily be further
postponed until late in December or
more probably in January. BY that
time the new chief justice will have
been confirmed and q successor ap-
pointed to Justice Moody, resigned.
Then there will be full bench and
the most important cases in the last
half century can be heard.
Thirty cases heard at the term of
the Supreme Court which ended last
June must be reargued at the term
about to begin, owing largely to the
fact that there were but seven men,
bers on the bench at the last term.
Many of the cases will be heard at
the same time in January. The fifteen
involving the constitutionality of the
corporation tax were heard as one
case and doubtless will be so pre-.
sented at the next Hearing. Two iu-
volve the question whether the penal
ties for violating the twenty-eight-hour
law for the transportation of live
stock shall be determined by the in
dividual shipments, or by the train.
the dissolution of the tobacco corpora
ton. Two more cases involve the
validity of indictments for grazing
sheep on forest reservations without
permission of the Government; two
others, the use of the waters of the
Walker River in California and Ne
vada, and two more the enforcement
of the prohibition laws of Oklahoma in
interstate shipments.
Other cases to be reargued are the
dissolution suit against the Standard
Oil Co.; the case involving the consti-
tutionality of the hours of service law
for railroad employees, and that aris-
ing out of the use of the water of the
upper Gila River of Arizona for irriga-
ton. Six cases argued remained with
out action when the court adjourned
for the summer vacation. OF these,
the only one of general interest was
that involving the rights of forwarding
agencies to demand carload rates
from railroads.
One of the first questions on which
the court will probably pass will be the
application for a review of litigation
in the Federal courts in Kansas over
the constitutionality of the Kansas
bank depositary guarantee law. The
United States Circuit Court for the
district of Kansas, in an opinion hand
ed down by Judge Pollock, ruled that
the law was unconstitutional, as being
in violation of the fourteenth amend
ment and as unlawfully discriminat
ing against national banks, and de
stroying their efficiency. However, tbs
United States Circuit Court of Appeals
reversed the lower court and held the
law to be constitutional,
The United States will figure very
largely in the business before the Su
preme Court at its coming term. Many