The Washington herald., 1911-04-04

| The Supreme Court of the, United
States had a busy day in disposfng of
pending cases yesterday. The crowd of
persons in the court room and wait
that has assembled in years. They came,
nc doubt, expecting to hear the decisions
IN the antitrust cases and IN the Com
pers contempt case. But none Of these
important matters was disposed of. AS
soon as the court assembled at noon.
the reading Of opinions began and it
continued until shortly before the ad-
journment for lunch at o'clock. Inn
nediately On resuming at 2:3o the court
resumed giving opinions. and 1t was after
o'clock when the unusual grist was
over
| Among the distinguished visitors IN the
court room was Gov. Judson Harmon, of
Ohio, who occupied a seat between At
torney General Wickersham and Wade
H. Ellis. Of Ohio, special counsel for the
government in some of the antitrust
cases. When the opportunity offered Gov.
Harmon offered a formal motion
for a writ of certiorari in a case affect
| ing the interests Of the Chesapeake and
| Ohio Railroad
Senator Elihu Root appeared in court
and remained an interested listener to
| the opinions. until the time came for ad-
missions to the bar, when he rose and
moved the admission of his son, Eiihu
Root, jr., a member OF the bar of the Su-
| IRENE Court of New York United States
Senator James A. Reed. of Missouri was
admitted to practice, On the motion of
Solicitor General Lehman.
Rule Against Railroads.
In two very important decisions the
United States Supreme Court upheld the
government and ruled against the rail-
roads.
One opinion gives vitality to the COM
modities clause in the Hepburn railway
act amending the interstate commerce
act, the other holds that forwarding
companies are entitled to the rates
given for carload" shipments in the
freight classification territory east of the
Mississippi River and north of the Ohio
River. Both opinions were read by Chief
Justice White and concurred in by the
entire court
The opinion in the commodities clause
case reverses the decree OF the Circuit
Court for the Eastern district of Penn
sylvania, while in the case involving the
forwarding companies the United States
Circuit Court for the Northern district
Of New York is reversed.
Can Cut Prices on Medicines.
The Supreme Court decided that there
was no ground for the exercise Of the
equitable power of the Federal courts
TO enioin the cutting of prices on propri-
etary medicines. The case came before
the court on an appeal by a manufac-
turing firm at E1khart Ind, which h I'D
sought an injunction In the CircuitCourt
for the District of Kentucky, to enjoin
a firm OF druggists in Louisville, from
selling the product OF the ElkhsrL firm
at prices below those stated in the con-
tracts between the manufacturing firm
and its agents
The court held that the contracts be-
tween the manufacturing firm. which
sought to maintain a standard OF prices,
were in restraint of trade, and that
even under the protection of patents On
the formula used in the manufacture.
the manufacturing finn could not be en-
titled to a perpetual monopoly.
Prohibition Writ Denied.
In two important cases brought orig
inaIly before the Supreme Court of the
United States on behalf Of the State of
Oklahoma to secure the enforcement of
the laws foTbidding the sale Of intoxicat-
ing liquors the Supreme Court held that
the original Jurisdiction OF that high tri-
bunal could not be invoked to enforce
the prohibition laws of a State.
The court held that a writ Of prohfbi-
ton was seldom issued by the Supreme
Court, and when issued is a matter en-
tirely within the discretion of the court
In the first opinions affectipr tho rail-
roads and express companies, Justice
Harlan announced the Judgment of the
court In the other cases, asking for
the writ Of prohibition against the Fed
eral courts, the opinion was read by Jus
tice White. In all of the cases the opin-
Ions were unanimous
A petition for a writ OF mandamus was
filed on behalf of Howard Warrington
and other shareholders in the Hooking
Valley Railroad, asking that Judge John
Z. Safer, United States district Judge
for the Southern district of Ohio be d.
rected to remand to the Common Pleas
Court for Franklin County. Ohio, q GER
tain cause brought on behalf of the petit
toners against the directors Of the Hook
ing Valley Railroad Company.
The original action was taken by the
shareholders named to prevent the alb
sorption of the Hooking Valley Railroad
by the Chesapeake and Ohio. The cause
while still pending, was removed from the
State court to the Federal court The
petitioners for the mandamus allege that
the case was improperly taken to the Fed
eral court, because both parties to the ac-
ton are citizens Of the State Of Ohio, the
railroad corporation being Incorporated
under Ohio law.