El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-07
MANY NOTABLE
CASES T0BE
DECIDED
Supreme Court Will Have
Heavy Docket When It
COnvenes Monday.
SOME ANTI TRUST
SUITS LEFT OVER

Washington, D. c., Oct. When
the supreme court convenes Monday
after it's summer vacation. if win he
confronted by an exceptionally heavy
docket, consisting of Isl actions. as
compared with $50 a year ago. q
Transportation rates viii Be the
principal questions that the court viii
have TO decide, and although the caseq
are by no means 50 important as the
Standard oil and tobacco trust SHIFTS
the decisions are eagerly awaited bv
the railroad interests throughout the
country.
Perhaps the most important of these
suits is the Minnesota rate case in
which judge SanbOrn, Of the United
States circuit court held that the
state had no right TO regulate rates
within its borders This decision was
based on the theory that interstate
commerce might be affected by such
action. During the recent conference
Of governors at Spring Lake, n. j., the
attention of the entire country was
called to the matter by the speech of
Gov. Aldrich, Of Nebraska, who at
said that the federal courts were tres
passing on the rights of the state A
committee headed by Gov. Harmon. of
Ohio, was appointed TO appear in the
supreme court on behalf of the state.
The Antitrust Cases.
Next came several antitrust cases
whose hearing has been held UP pend
ing the tobacco and Standard oil de-
cisions These antitrust actions all
involve the Interpretation of the Sher-
man law, and the decisions rendered
are expected 20 definitely mark the
bounds of the trust decisions Of last
spring. The clerk Of the court has
announced that this litigation has
been advanced on the court docket
Among these cases are included the
The Hard Coal case, the Cotton
Tl-aer
case" and "the Turpentine case" Each
involves knOtty problems growing out
of attempts Of the government to pun
ish alleged violations of the Sherman
antitrust law With the Exception
of the Turpentine case tn govern
meut has also been defeatel in the
lower courts, and has appealed to the
supreme court 10 uphold its interpre-
tatiOn of the law.
The Hard Coal case" constitutes an .
attack by the government en- the
principal anthracite coal carrying rail- I
roads and coal owning companies in ]
Pennsylvania. 1t is alleged that since I
1893 these Companies ana railroads 4
have ia1zr- ID al 10y au7-L
combination % end compe 1--lon anong F.
themselves in the trausp d.rtatiOn and f.
sale of anthracite coal, ana Of pre-
venting the sale of an dependent out f
put in competition to their own, there
by to secure themselves a Virtual mo- +
nOpOly.
In '-the St Louis Bridge. case" the
government contends that the agree
ments whereby the terminal railroad I
association Of ST. Louis acquired the 1
ownership, control and operation Of
chants bridge" across the Mississippi
violate the Sherman anti trust law.
The United States circuit court Tor
eastern Missouri dismissed the bill
Cotton Corner Case Unique.
Nothing like the H'COtton Corner
case" has ever come before the su-
nreme court The government will
ask the supreme court to overrule the I
action Of the United States circuit
court for southern New York in strilI-
ing out an Indictment against James
A. Patten, Eugene G. Scales, Frank 3.
Hayne and william p. Brown Three
counts charged that these men con
spired to mOnOpOlize the Interstate
-rade and commerce in available cot
ton by acquiring enough Of that com
modify on the New York Cotton eE-
change TO give the alleged c0nspirat0rs
power to fix arbitrary and excessive
prices 1t was charged that they knew
If the INJURY TO bOnafide ginners and
manufacturers, by compelling them to
luv cotton in competition with short
sellers. who would be purchasing un-
Ter the abnormal conditions produced
~ the corner" The lower court held
hat the result Of the restraint of .
rade to the spinner and manufactured
we're remote and indirect and the Op-
ration Of running corner on the
was not q violation of the I
Sherman antitrust law.
The Turpentine Case.
The sOcalled "Turpentine case" in
olives the validity Of the Indictment ]
nd conviction Of the American Naval
torres company on charges Of having
iOlated the Sherman antitrust law.
The decisions Of the interstate COM
lerce commission will also claim the
ttentiOn Of the court in the sOcaIled
grain elevator cases" There is a {
lng series Of these cases and it fs s
expected the highest tribunal in the z
0untry viii decide the mUch-uooted I
uestion as to whether the interstate {
0mmerce commission possesses the ]
over to prohibit railroads from pay {
lE to operators Of elevators compen- i
Lrnr+s,.--.s -. - -