The Birmingham age-herald., 1911-12-12
COURT ACCEpTSPLAN OF TOBACCO TRUST A Review Is Not Permis-
 sible THE EIGHT HOUR LAW Repeated Requests of Oklahoma and Minnesota for Decision on Gross Revenue Taxes-Liability
 Law Constitutional
THE EIGHT HOUR LAW

Washington, December 11.-In refus- ing today the request of the leaf tobae- co board of trade of New York to re- verse the decree of the United States circuit court for southern New York which approved the reorganization plau of the tobacco trust" three reasons were assigned by the supreme court of the United States. These reasons, which were set forth by Chief Jus tice White, were:
 one who is not a party to rec. ord and judgment Is not entitled to appeal therefrom.
 The action of the court below in re- fusing to permit the movers to become parties to the record is not susceptible of being reviewed by this court on ap- peal or indirectly under the circum stances hereby disclosed by the writ Of the mandamus.
 The merely general nature and char acter of the interest which the movers alleged they have in the papers here filed is not in any event of such a char acter as to authorize them in this pro- ceeding to assal the action of the court below"
 In the Senate a bill was introduced today by MT. Cummings granting to the
 Independent tobacco companies the
 
 of the United States from the New York decree. The bill gives as tae reason for review desire to ascertain whether the circuit courts decree is in conformity with the supreme court de- cision in the tobacco case. MT. Cum mings will speak on his bill next Wednesday.
 The eight hour labor law, enacted by Congress in 1892, controls the con struction of" levees as well as other work for the government, according to decision today by the supreme court of the United States In so holding the court decided that an indictment against Herman F. Garbich, who con structed a levee along the Mississippi in Louisiana in 1908. was valid. Tie United States circuit court held that levee building was .an extraordinary emergency and hence exempt from the opera tions of the law. The supreme, court reversed this holding.
 The constitutionality of the employ CTS liability law of Arkansas today was upheld by the supreme court of the United States. The point arose in suit by George H. Ramsey, an employe of the Aluminium company of Amer ica against that company for personal injuries alleged to have been received by reason of the negligence of d fel- low servant.
  Minnesota for the supreme court of the United States to consider at an early date cases involving the consti- nationality of the gross revenue taxes Tn these states on public service cor rorations other than railroads was granted today by that tribunal Jann- ary s was set for hearing oral argu- mentS.
 To expedite business in the supreme court of the United States Chief Justice White today assigned the first cases in the new Summary docket" The chief justice announced that hereafter the court would review only the facts in cases aris- ing under safety appliance law, when it appeared that plain error was made by both the district and the circuit court os appeals.
 Washington. December 11.-(Spe- cial)--The case of William Baird, plain- tiff in error, against Allen P. Howison, E. J. Smyer. w. W. Lavender, r. NJ. Jackson and the Brahead Coal company or Birmingham was ruled out of the supreme court today for lack of jur- isdiction by Chief Justice White. Tie suit involved the purchase and improve ment of several thousand acres of coal ,and formerly belonging to the Uni yersity of Alabama.