The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-12-31
Session Which Opens tuesday
Promises to be One of Most
Important in History
Of Tribunal
DOCKET FULL OF TRUST CASES
When Court Convenes Next Week, II
Will be First Time in Over A
Year That IL Has Met With
Full B 9 n c h.

Washington, ID. c., Dec. 31.-Fonow-
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 JUS
tice Fuller and Associate Justice
Brewer and the illness OF Associate
Justice Moody, which necessitatcd his
retirement from tine bench. virtually
ing the past year before the highest
tribunal must be reargued before they
are decided.
Full Bench Available
When the court convenes next week
it will be the first time in over a year
that il has met with a full bench. The
court win be composed Of Edward ID.
White. the new Chief Justice. and AS
sociate Justices Harlan. McKenna,
Holmes, Day, Lurton, Hughes, Van De-
vanter and Lamar.
There are about thirty important
cases heard at the last term which are
on the docket for reargument Many OF
the cases will be heard at the same
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
Iof the new tax, which is bringing in
revenue at the RAID Of s25,aao.o0o ,
year. The law went into effect June
80 of this year. Should the Supreme
Court, after reargument. declare the
tax not constitutional, the money al
ready collected must be refunded.
Others on Docket.
or equal Importance with the cor
lporation tax cases are the suits
brought by the Government for the
dissolution of the Standard Oil Com
pany and the so-called tobacco trust
These also are on the docket for rear
Ieument next Tuesday.
These two cases involve substantial
lly every feature of the trust ques'
tion." so far as it falls within the pur'
view of the Sherman antitrust law
Yet they are not precisely alike. In
deed, il is said that in some particu
lars they are so dissimilar that TIN
court might find in favor of the Gov
ernment in one case, and against it II
the other.
The two cases are alike In that the
are proceedings in equity to enjoil
, alleged violations of the law of tn
land-neither is in it's essence a Grim
: inal action. In both suits the charge
: pressed are those alleging unlawfu
combination and conspiracy in re
straint of interstate trade and com
merce, and continuing monopoly q
attempted monopoly, of important ele
ments in interstate commerce.
Trust Cases Differ.
The Standard oil Company of Ne
Jersey is attacked as ''holding com
pany." while the American Tobacc
COMPANY is alleged to be both "A hold
ing and an operating company. An
: other difference between the two case
lies i'm the fact that the Standard O
Company is charged with offens
lagainst the Sherman law alone; IN
tobacco corporations are charged wit
offending also the Wilson tariff act
, 1894. which extended the applicatio
|, of the antitrust law To any conspirac
i'm restraint of trade one party to whio
A was an importer
AS a result of the hearing of the tv
. cases in the circuit courts, other dihei
! ences were either made or became al
. parent. In the tobacco suit the low
i, court did not find sufficient eviden'
10 hold that there was a monopoly
=, the trade I'm question. although IL d
hold that there was a combination
! restraint of trade. In the Standard {
case. the court was unanimous in fin
: ing that there was an Illegal monopol
in addition to there being a conspirac
:. Other Important Cases.
:. A number of other important cas-
:. are to be reargucd. in addition to {
:. corporation tax cases and the ant
:. trust suits. The boycott and contem
:. cases arising out Of the injunctio
:. proceedings in the District of colur
:. bia against the American Federati
:. of Labor have been assigned for hea
:. ing on January 1e. Two other cases
:. Importance are those involving I
:. question whether the penalties for vi
:. lating the twenty eight hour law
;. the transportation of live stock shl
). be determined by the individual shi
:. ments. or by the train. Two mo
:. cases involve the validity of indie
). ments for grazing sheep on forest
5. seryations without the permission
:. .bo covarnment two others, the use