The New York herald., 1922-10-02
After He Takes Oath Men,
bers Will Pay Respects
to President.
LEADING CASES REVIEWED
New York to Test Validity Of
Federal Water Power
Act.


court adjourned last June it had pend
ing 437 cases, and during the recess
the number was increased to $50.
None of the new cases, unless ad-
vanced will be reached for argument
for two years.
Upon reassembling the court will in
duct into office George Sutherland,
former Senator from Utah. nominated
during the recess to fill the vacancy
upon the bench caused by the resigna-
ton of Associate Justice Clarke. The
formality includes the administration
by the Chief Justice of the judicial
for admission to the bar and any that
may be made for the disposition of
cases the court will proceed to the
White House to pay It's customary
visit of respect to the President.
No decisions will be rendered or orders
Issued by the court during the first week
upon any cases held under advisement
or motions for rehearings submitted
during the recess. Early in the new
term, however. the opinion of the court
may be expected in five cases argued at
the last term.
Cases Brought by States.
These included original cases brought
separately by the States of Ohio and
Pennsylvania to prevent West Virginia
from restricting the expectation OF nat
ural gas. and by Oklahoma for the loca-
ton OF the Texas boundary. In the
latter case all issues have been settled
by opinions OF the court except that of
the physical location of the boundary
line.
The other cases which the court has in
land are those brought by the Chicago
and Northwestern Railway Company
against the Schneider- Fowler Company.
involving the constitutionality of the
Nebraska statute fixing the order Of
responsibility of railroads for damages
suffered by shipments. and the Wichita
Railroad and Light Company against
the Public Utilities Commission OF
Kansas and others, testing the power
of State commissions to fix rates not
withstanding provisions of existing con-
tracts.
The docket has been cleared OF anti
trust cases of national Importance, but
the court has been petitioned TO grant
rehearings I'm some of those disposed OF
at the last term. including the Southern
Pacific. which the court ordered to di-
vest itself or ownership and control OF
the Central Pacific, and the Coronado
coal case, in which reconsideration has
been asked on the question of the la
bility OF certain unions of the United
Mihe Workers of America and individ-
uals for triple damages for the destruc-
tion of property on the ground that 1t
was incident to a conspiracy 10 restrain
Interstate commerce
RehearinGs in Baseball Case.
The court also has been asked to
grant rehearings in the case brought
by the Baltimore club OF the defunct
Federal Baseball League against base
ball clubs operating under the national
agreement in which the court held that
professional baseball as played i'm the
major leagues does not constitute inter
state commerce in several cases against
the Emergency Fleet Corporation, fixing
its stability and status as a Federal
agency. and I'm the Laramie River case.
In which priority of appropriation was
applied as controlling water rights In
interstate streams in arid regions
Persons not heretofore identified with
the United Shoe Machinery case have.
in behalf OF "the consuming public"
also asked a modification of the opinion
holding certain leases illegal under the
Clayton act.
During the recess permission has been
requested by three States TO bring orig
inal actions--by New York TO test the
constitutionality OF the Federal water
power act Of 1920, by Massachusetts 90
test the constitutionality OF the mater
nifty law and by Wisconsin 10 restrain
diversion OF water into the Chicago River
by Illinois and the sanitary district,
Chicago. on the ground that Il is lower
ing the lake levels and obstructing nav
igation.
a number OF disputes between States
are before the court. including those of
North and South Dakota against Min
nesota. involving alleged damages caused
by overflow of tho Mustrinlxa river due
20 drainage projects, that OF Massachu-
setts TO assert title 10 land in the city
OF Rochester y. y, and boundary dts
putes between New Mexico and Texas.
between New Mexico and Colorado. anG
between Arkansas and Mississippi.
New York Retains Cases.
New York ls retaining on tho original
docket number OF cases and Georgia
one relating TO pollution so as TO keen
the question within tho jurisdiction OF
the court for such supplemental relief
orders as may be found necessary
There also are pending cases from Gail
ifornia. Washington and Honolulu in
Nolving the question whether Japanese
can be naturalized and others whether
they can own land: from Oregon y case
raising the question OF whether Hindus
can be naturalized. large number of
railroad cases, including one TO prevent
consolidation OF the New York Central
Lake Shore and other lines; the Gus
tomary controversies arising out or In.
juries TO railroad employees. and sew
eral important land. irrigation and oil
cases.
Although the Federal income tax law
has been subjected TO much litigation,
it still Is fruitful Of controversial Issues
which appear in several cases now be-
fore the court while the application )f
other Federal and State laws have
brought TO the court their usual quota
OF appeals
National prohibition is represented
upon the docket by cases from Arizona
California. Florida. Georgia. Ohio and
Texas. IN several OF which Is raised tho
question Of the enforcement Of state
PENALTIES In addition to those provided
in tho Volstead act one from Florida