The Washington herald., 1921-06-08
DECISIONS AWAIT
APPOINTMENT OF
CHIEF JUSTICE
Supreme Court Orders
Nine Important Cases
Reargued.

Final decisions on several impor-
tant cases were postponed by the
supreme court Monday until Its
next meeting in October.
II was indicated that the court
is evenly divided in some OF the far
justice to be appointed by President
Harding will cast the deciding vote.
Nine cases were ordered reargued
before "a full bench"
The most important case to be
postponed was the one brought by
the Wisconsin railroad commission
involving the validity of orders Of
the interstate commerce commission
increasing intrastate rates. The
suit involves the virtual existence
of state regulatory bodies and how
the federal commission can control
intrastate railroad business.
Delays Child Labor Case.
The child labor case, before the
court for more than two years, will
be delayed probably another year.
rs the court ordered 1t reargued on
the question of federal court juris-
diction. The attack is made on the
federal tax on child labor products,
the second attempt Of congress to
prevent child labor,
Three cases of vital interest to
organized labor will be affected by
the views of the new chief Justice.
One is the Coronado coal suit. In
which the United Mine workers were
assessed damages of more than
s4o0.o0o on charges of destroying
Arkansas mines during strike riots
in. 1914. Two other cases involve
the validity Of the anti-picketing
injunctions at Granite City, ILL.,. and
New Mexico. The latter two will
be reargued.
Other cases ordered reargued are
the antitrust suit against the Unit
ed Shoe Machinery company and the
irrigation water dispute between
Colorado and Wyoming.
Loses Tax Suit.
The federal government has drop
ped its antitrust suit against the
American Can company. In lower
courts the government failed To OBJ
tain a decision against the COM
pany and yesterday asked the court
to dismiss its appeal.
The government, by a decision
yesterday. lost a tax suit. affecting
thousands of estates in all parts OF
the country. Executors OF estates.
the court held, can deduct from
their income tax returns the
amounts paid in federal estate taxes.
The decision affects every estate. the
net amount of which exceeds 1000.
A large amount OF taxes must be
refunded as a result OF the decision.
Tex7s May Sue I. C. C.
The state of Texas was granted
permission to bring an original suit
against the Interstate commerce
commission to test the power OF the
l. c. c. under the Esch- -Cummins law.
The court agreed to review two
cases which will determine the hnal
validity of the cease and desist"
orders of the federal trade commits
sion issued against Arms alleged to
be guilty of unfair trade practices.
The suits are appeals from DEGREES
OF lower courts setting aside the
cease and desist" orders in the
cases of the Curtis Publishing COM
pany, Philadelphia, and the Win
sted Hosiery company.
New Mexico's gasoline taxes. as
applied to intrastate business, were
held partly valid and partly invalid.
No tax can be applied on interstate
business in gasoline, the court said.
An excise tax of cents a gallon on
intrastate sales was held valid.
Holds w. U. Not Liable.
The court reversed decisions OF
South Carolina courts which held
the Western Union Telegraph COM
pany liable for damages because OF
delay In kilograms sent during gov
ernment control of government tel
egraph lines.
The Lehigh Valley Railroad COM
pany must pay damages OF $4,000
to the Allied Machinery company be-
cause of the noted Black Tom .ex-
plosion at Jersey City, n. j.. the
court held in declining to review the
railroads appeal. BY previous ac-
rior of the court the road was COM
PEELED to pay more than sS.00o,0 900
in damages on account of the same
explosion.
Action of Former Postmaster
General Burlesor in reducing the
mail pay of the NJ, X. & T.. r. Il.
because II abandoned its fast mail
train from K8nsss City to Denison,
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