Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-05-27
HIGH COURT PLANS
FOR SUMMERR REST
ONLY Two More Meeting Days,
June g and ID, According
to Program.
DECISION IS ADVERSE
TO BAR ASSOCIATION
Request That Ruling in Slocum In
surance Case Be Reconsid-
cred Is Denied.

The Supreme Court of the United States
has taken a recess until June 2. when,
it was announced. the court will take a
recess until Saturday. June IA. which will
be the final meeting day. unless in view
of the state of business before the court
it is then deemed best to hold another
decision day.
No decision in the state rate cases was
announced yesterday by the Supreme
Court.
The federal government. when improv-
ing channels for navigation. is not
obliged to compensate owners for enter
ing upon oyster beds. according to
a decision yesterday by the Supreme
Court, in the case of the Lewis Blue
Point Oyster Cultivating Company. at
Great South bay on the Long Island
coast.
Reconsideration of the Slocum insur-
ance case. in which the Supreme Court
recently limited the power of appellate
federal courts to dispose Of controversies
without new trials, was denied yester-
day.
Application for the rehearing was made
by committee of the American Bar AS
ISOLATION and by Attorney General Nc
Reynolds. Both contended that. mas
much as the decision was an interpreta-
l.OH VI TIE S0NcHIu dulcfIuIHchI " eAiO
Constitution, guaranteeing trial by jury
in civil suits in federal courts. the de-
cisiOn was bar to legislation to correct
evils growing out of repeated new trials
The Oklahoma employers liability law.
so far as it applies to interstate COM
merce. was superseded by the federal en-
ployers liability law of 1903. according
to decision of the Supreme Court Yes
terday in the case of E. L. Hesterly
~,ex yrnn fo,ip 70 In nd
Southern Railway Company.
]. Harry Spencer. Albert L. Scholl and
Frank l.. Meyer of Williamsport, Pa,
must serve penitentiary sentences for
alleged conspiracy to defraud the Ma
tional Protective Association, of which
they were officers. The Supreme Court
yesterday refused to release them on
habeas corpus.
eral courts of appeals, even with the con-
sent of the parties. to review. with other
judges cases they have decided in the
district courts was given death blow
yesterday by the Supreme Court which
declared such judgments of the circuit
courts of appeals void. Chief Justice
White said circuit courts of appeals
composed were no courts at all under
the statutes. The point was announced
in suit over the validity of patents for
navy.
The Supreme Court yesterday issued
an order by which the tribunal will re-
view the decision of the eighth circuit
court of appeals in regard to pure"
-four. The lower court declined to con-
fiscate -four bleached by electricity. ac
cording to the Alsop process. holding
that the pure food law put a ban on ar
ticles when containing poisonous ingredi-
oA1x tn ,toI 10
injure health. The government claimed
that the burden was not on 1t to show
what the Quantity of poisonous ingredient
was.
The Supreme Court yesterday declared
valid the Illinois law of 1907. requiring
a fence to be constructed around holes
for elevator shafts in buildings under
construction. and affirmed the decision of
the Illinois courts awarding the widow
damages from the Chicago Dock and
Canal Company for the death of her hus-
band
The company claimed the law unconsti
tutional, because 1t did not require all
holes in the building to be inclosed. The
law is copy of New York statute.
The Supreme Court decided Yesterday
that the government was not required to
pay the Chandler-Dunbar Water Power
$3.50 900. as adjudsed by Mich
igan federal court. for water power APP
purtenant to land condemned for the con-
struction of additional locks and canals
at the ST. Marys river. 1t was held that
the flow of navisable stream was in no
sense the property Of the owner of ad
ia cent land or of the owner of the bed
of the river. The decision is regarded as
a precedent-making one.
Fraud orders issued by the Postmaster
General are not subject to review by the
as a general rule. according to a
decision yesterday by the Supreme Court
in the case of w. W. Degge of Boulder.
Col, and several companies in which he
was interested, against all of whom fraud
on1ers had been issued.
Justice Lamar announced the decision
of the court. holding tina: for any arbi
trary act on the part of the Postmas ter
General action could be taken against
him in the courts. He added, however
that the cour1s were not to set up their
judgment for his in mere administrative
matters.
Taxes running into the thousands of
dollars will. be. collected by the city of
South Amboy, N. j.. on coal of the Sus-
quehanna Coal Company and other COM
panies which use coal storage yards there,
under decision yesterday of the Su-
preme Court The court affirmed the de-
cision of the federal courts of New Jer-
sey that the coal was not in the process
of interstate shipment. but had come to
rest as part of the property within the
state.