The Washington herald., 1913-11-19
supreme COURT
MAY SET RECORD
Likely to "Clean Up" All
the Cases on Its
Docket.
RAPID PROGRESS MADE
Less Than 500 Matters Remain to Be
Disposed Of by Tribunal
This Year.
RAPID PROGRESS MADE

The United States Supreme Court
may accomplish this year something
that has not been accomplished in
years-it may clean up" all the cases
on its docket. The court this year has
made unusually rapid progress in hear
Ing cases, and thus far has heard near
ly 100 cases on the regular day CALI
that Is, the cases which by right of
precedence had first place on the dock
ct. from No. 1 and SO on upward. In
addition 1t has disposed of a number
OF cases which by reason of their i'm
portance had been placed on the So
called summary docket" emitting
them to be argued and submitted on
their merits ahead of all other cases.
These included the so-called grand
fathers clause" cases. involving the
right of suffrage of negroes in Okla
homa, several important railroad rate
cases, and some cases involving the
award of large amounts OF money in
dispute.
Thus far there are less than 500 cases
In all on the docket of the tribunal
seventy-five less than the entire num-
Der on the docket last year. Besides.
the court already has heard arguments
on more cases than it had at this time
last year.
Court Has been Active.
The court has been active in passing
on cases which were brought up mainly
for the purpose OF delay. Dozens Of cases
in which the basis of appeal was founded
on rather slim assignments of errors
have been dismissed promptly. and re-
manded to the lower courts for the execu-
ton OF judgment. Criminal cases particu-
larry have been watched closely by the
court. According to lawyers. the major
ity OF criminal cases that reach the court
contain few questions which have not been
correctly decided by the lower courts.
number OF appeals in these cases that were
brought to the court plainly for the pur-
pose Of delay were promptly dismissed.
II Is the rule, of course, that any of the
nine justices may grant a writ to appel
lants which will insure them some kind OF
review OF their cases by the entire court
The lawyers in such cases usually present
their papers to one member of the court.
who, after studying them for a day .,
so. decides whether they present suffi-
cient doubt to bring them within the re-
viewable class.
In such cases this year where the ap-
pellants brought the cases forward, they
have been accorded a hearing not only by
one member of the bench, but In some
cases by three or t0ur members All this
entails additional work upon the justices,
but they have disposed OF It cheerfully
and without delay.
Many RRIIroad Cases.
Railroad corporations figure in the
great majority Of cases now before the
court, most Of them representing the eff
forts OF railroads to obtain q more favor
able construction of Federal statutes re-
lating to their business, or efforts to
prevent States from enforcing statutes
which the railroads believe void and an
undue interference with interstate COM
merce, confscatory or in some other re-
spects unlawful.
One OF the freak cases before the court
involves the validity of a State law of
Texas, which provides that railroads
must not permit obnoxious grasses, such
as johnson grass and Russian thistles,
to go to seed on their right-of-way.
Farmers complained that when these
weeds went to seed, the seed was
blown from the railroads right-of-way
to adjoining farm lands, and, taking
Judgement there, grew and iourished,
much to the disgust OF the tillers of the
soil. This Texas law provides that un-
shall be liable to farmers for damages.
The railroads contend that they are not
responsible for the presence OF these
weeds on their right-of-way and that
the law is unconstitutional because IL
takes property without due process of
law