The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-02
u. s. JUDGES PAROLE
POWER ATTACKED
Acknowledgement Seeks Su-
prcme Court Writ Against
Jurist in Ohio.
BANKER INVOLVED

WASHINGTON, June 1.-The Supreme
Court disposed OF about nifty cases to-
day and adjourned Until June II. There
will be only two more 'opinion days
In the present term. and II Is expected
that they will see the disposition OF the
International Harvester case and many
Of the other important matters now
under advisement.
A decision Of special Importance was
the granting Of a rule against United
states District Judge John NJ. Killetts OF
Toledo requiring him "a show cause
why a writ of mandamus should not
Issue at the request OF the Attorney
General OF the United States compelling
him to revoke his order suspending SEN
tence In the case OF James Henrahan,
a banker.
Henrahan upon a plea OF guilty was
sentenced to prison by Judge Killetts,
who then at once entered a. order sus-
pending sentence indefinitely. Repeated
efforts OF the Aftorney-General's office to
induce the Judge 10 revoke the order
met with his obstruction. The clerk OF
the court also refused 20 issue an order
Of commitment. acting on tho orders OF
the Judge.
Not an Isolated Oase.
The cas docs not stand alone. Other
Federal Judges have exercised their dis
erection in suspending indefinitely SEN
tences OF prisoners and have set IN
- . A-N- ~-
The Attorney-General. anxious TO have
the question OF their power TO do 30
finally settled. applied for cave no fle
a writ OF mandamus against Judge Kill
let's. and the Supreme Court as a re-
suit has entered an order upon the Judge
to show cause before October IL next
why the writ should not he granted.
Tn court upheld the validity OF the
Missouri statute which imposes a fne
upon corporations for failure to make
affidavit once a year that they are not
members of any trust or combination In
defiance of the State antitrust laws.
The reciprocal demurrage' statute OF
the State OF Kansas was held Invalid
because In imposing a penalty OF So a
day on shippers who fail to use cars
set aside for them by the railroads the
STATE also failed to include the right
OF the railroads TO recover attorney
fees.
An interesting opinion by Justice
Lamar establ,s shed the rule that service
on a bankrupt creditor by the initial
or initials of his given name instead OF
his full name is sufficient notice OF
bankruptcy proceedings.
Dictionary Case.
The right OF tho public TO use the
name Webster" IN advertising diction-
aries was established by the court which
denied the appeal OF @. & c.. Merriam
against the Syndicate Publishing Com
pany OF New York to prevent It's use
OF the name.
Justice Day CAV the decision which
involved the construction OF the Federal
trade mark acts. He held tina prior TO
the trade mark law OF 1905 the name
Webster" could not he reg.stere! as
n trade mark and for that reason there
could have been no infringement up to
that time.
In a case brought by the Louisville
and Nashville Railroad Company and
the Nashville, Chattanooga and ST. Louis
Railroad to set aside an order OF the In
terstate Commerce Commission requiring
the two railroads named 70 admit the
Tennessee Central TO the privilege OF IN
terswitch!ng ut Nashville the court held
that the order stood.
The two railroads declared that the
switching facilities were private prop
erty OF the Louisville and Nashville and
II could extend or withhold them IN lts
discretion. The court said that n car
r'er might prove that IS facilities were
private and withhold them. u once Il
opened them 10 other roads the cnrrier
was bound by the law against dlscrimi-
nation such as that implied I'm the ex-
ception made against uor-competltlve
business IN the case Of the Tennessee
Central.
TIT court upheld another feature Of
the commissions order which reduced
the switching rate on coal from 81 20 so
cents n ton, holding that the commission
had found upon the facts that the dol
lar rate was too high ami that the SUI
preme Court would not inquire into my
finding OF fact by the commission.