New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-18
DOCKET IS oVERCROWDED
u. s. Supreme Court TW Years
Behind in Its Work.
CoNvENES ON OCTOBER 9
State Railroad Commission cases
Will Probably BE Con-
sidered First.
L.. III, Tribune bureau :


Washington. Sept. 17-When the supreme
Court of the United states cohVenes' U W.,
october o to begin its annual TERM II WI"
take ND first of all the numerous cases
fore IL those involving the activity oil sIa'o
railroad commissions. There are more IMAM
twoscore cases OF this character To De oe
cided. some of which have been assigned
for hearing on the day the Octooer term
opens As all Of them are correlated ]" =
rrobahle that the court will near 'ne'n -
nearly together as possible
These cases represent one or the Ih''
irnnortant. if not the most important VI
the problems before the cour. Tor cons'uei'
ton. There arc thirty-siX rate cases lIo''
the state Of Missouri alone three Ho"i
Minnesota. including that decided ny Juuse
ssnborn. which agitatcd the Governors
corferepce AT Spring Lake last week, ana
saveral from oklahoma and Kentucky. Inc
opinions Of the Supreme Court IN In'Sc
cases will probably fix definitely the con-
stitutionaI limits OF state railroad conimS-
.;ops and circumscribc the powers they
may exercise i'm the way OF fixing the rd''s
% common carriers in intrastate raiuc'
The Minnesota case, IN which tho com
nittee of Governors is to file brief ask
ing consideration Of the court for the rights
Of the several states in the matter oil rail-
road rate regulation, II permission is gram
cd will come IN for hearing PROBABLY carly
IN November.
In the number and importance OF cases
railroad rate regulation takes precedence
over the trusts as subject Of litigation
The trust question was disposed OF TO
great extent by the decision in the Stano'
ard OIL and American Tobacco Company
cases during the last term OF the court
There are two cases Of this character
however. which will be heard early In the
present term. One of these is the govern
nent's suit for the dissolution OF the an
thracite coal trust" which is directed
against the Reading, the Lehigh valley
the Delaware, Lackawanna & Western and
other railroads This will be the first case
70 be heard Another antitrust case Is d.
rected against James A. Patten. f. e.
Scales. f. r. Hayne and w. p Brown, who
are charged with maintaining a corner In
cotton IN violation of the sherman law
Not the least of the problems before tn
court is the necessity OF relieving the con
gestion which threatens TO clog the ad
rninistration Of Justice IL measures are no
ternber Is, the eve of the beginning Of thu
term, the cases on the docket numbered
7sl. the high record mark for the last
decade The number of cases on the
docket on the same date for the last I'VE
years indicates the rapidity with which the
work Of the court has grown and the
necessity for relieving the congestion
These were as follows: 1901. 452; 1903, $50
1903, sos: 1910, 694, and 1911, ISL.
The length Of time required 10 secure q
hearing for an ordinary case, which must
give place to important constitutional and
other cases advanced for hearing, is Illus
trated by one now on the docket, the suit
OF a switchman for damages for the loss
Of an arm. The accident occurred in De-
cember 1906, on the Chicago Junction
Railway. Judgment for $4,000 was secured
the following year. The decision was con-
firmed Wy the Court OF Appeals in 1903
The case was filed in the Supreme Cour'
the same year. 1t will be reached IN No
vembcr or December OF this year and the
opinion may not be delivered until next
wear. II will have taken, therefore, th'
switchman more than FIVE years TO secure
damages for the injury done him. Dur
ing half this time. more than two years
and half the case was before the Su-
premc Court awaiting hearing.