The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-09
JUSTICES FACE
HEAVY DOCKET
Now Two Years Behind in Work,
With More Than 100 Cases to
Be Heard - Some Means
Sought by Which Con-
gestion Can Be
Relieved.
to The ,rimes-plppatch.l

Washington. October S.-The session
OF the United States Supreme Court.
which begins at noon tomorrow. Will
DC closely watched by VirGinians who
are Interested in the effort of vir-
gnia TO have the State of West Vir-
.:inia pay UP in the debt case.
a short time ago Attorney General
Samuel w. Williams, of Virginia, filed
"a the court motion asking that this
matter he reopened for the purpose OF
referring to special master the qucs-
lion OF the amount of interest which
should he paid by West Virginia on
tic principal OF s7.lOo.00o. which the
supreme Court has already declared Ia
due Virginia from West Virginia. Not
only this. but many other local cases
are docketed and will be heard be-
fore the court goes into recess again.
Members OF Court Arrive.
All the members OF the court have
arrived in the city. with the exception
or Associate Justice Day. The illness
VI Mrs. Day has detained him at their
home in Canton. Chief Justice White
was among the first to arrive. while
Justices Harlan. McKenna. Holmes.
Lurton. Hughes. Van Devanter and
Lamar all returned TO the city IN ample
time for the opening of the term.
Unlike most sess!ons in the past.
members OF the court returned from
their vacattons 10 meet duties other
than the routine work of their Offices.
Chief Justice White and Associate
Justices Lurton and Van Devantcr
are 10 complete their work. IL posi-
ole, ut an early date of revising the
equity rules OF Federal courts through
out the United States. At their suE-
sestion, the circuit Judges appointed
committees to recommend amendments
to the rules. which generally are re-
-arded as having outliyed their use
fulness. Some OF these committees
are ready TO submit their reports.
others are expected to send IN their
recommendations soon. These recon-
nendaIions Will be considered by tho
committee of the court. headed by the
Chief Justice, and a hnal draft >of new
rules prepared for promul CATION by the
tribunal During the summer Justice
l.urton spent some time in England
learning directly the impressions OF
the English jurists who recently pre-
pared new equity rules for the courts
of their country.
On account OF the abol!shment on
January l. 1919. OF all circuit courts
of the United states. leaving only the
district courts. the courts of appeal
and the supreme Court. It will be nee
cssary to revise the rules governing
procedure in the Supreme Court II
is believed that the court Will not only
revise these rules so as to r2cet the
adjustment OF the circuit courts. but
1t Will riodernizc them in many ways.
Justice Hughes will have in addl-
ton to his court work, the completion
Of his report on charges for mail SER
vice. He is chairman OF the commits
ef whit 0h nor Inv Too ty,o IN
subject. particularly with reference to
the rates on second class rr,hier. The
report % the commission Is expected
to 10 -ou. Ia Congress when II con-
tcncs In December
Many Rate Cnscs.
There are now pending ISL old cases.
The court is expected to take up first
Of all the numerous cases involving the
activity of State railroad commissions.
There are more than fifty cases of
this kind to be decided. As all ot
them are correlated, 1t Is probable the
court will hear them as nearly to-
sethcr as possible. There are thirty
six rate cases from Missouri alone.
.hree from Minnesota. including that
decided by Judge Sanborn. which agi-
tated the Governors Conference at
Spring Lake recently. and several from
Oklahoma and Kentucky. The opin-
cases probably will fix definitely con
'titutional limits of State railroad COM
missions and circumscribe the powers
hey may exercise in the way OF liking
he rates of common carriers in intra-
itate traffic
Several important cases have como
over from the Interstate Commerce
Commission. The government questions
The right Of railroads to make con-
haf Ia
relating. The st. Louis Terminal Com
pany, owning two bridges over tho
Mississippi River. Is being brought 20
he bar on the question of its being
monopoly in restraint of trade An
other Issue that will be fought out ear
" in the term is whether the stock
Yards in the large cities are common
carriers within the meaning of the
interstate commerce laws. A case
against the Baltimore and Ohio South
western Railroad Is expected to lead
20 asdecision as to whether a rail-
road may transport sheep through n
State into another State when the State
through which the sheep pass Ia under
quarantine.
Fnr-ReuchIng Case.
The battle for the initiative and ref.
.rendum. the foundation stone of tho
Oregon primary system. viii be fought
before the court early in November.
In view Of the fact that numerous
States already have followed the ex-
ample OF Oregon in adopting the ini-
tiative and referendum and others are
preparing to do so, the decision in this
case Will have far-reaching conss-
quences. The matter comes to the SUI
preme Court as an appeal in a suit
brought by tho Pacific States Telo.
phone and telegraph CorsSany against
i the State OF Oregon to test the con
& Continued on seyenth Page.5 81