New-York tribune., 1922-10-02
Supreme Court
Convenes With
2 Years w ork
No New Gases Can Be Com
sidered Within That Pc
riod Unless They Should
Be Advanced for Hearing
Important Issues Pending
State Of New York Seeks TO
Test Validity of the Fed
eral Water Power Law

OBSERVATION-DISCLOSURES
WASHINGTON, Oct. (By The AS
sociated Press) The Supreme Court
OF the United States will roconvene
tomorrow for tho regular fall torms
with crowded docket. When the
court adjourned last juno it had pend
ing 437 cases and during the recess
the number was increased to $50. None
Of the new cases, unless advanced, will
be reached for argument for two years.
Upon reassembling the court will
former Senator from Utah. nominated
during the recess to fill the vacancy
upon the bench caused by the resig-
nation Of Associate Justice Clarke.
The formality includes the admins
tration by the Chief Justice Of the
judicial oath. Then, after receiving
IN otions for admission to the bar and
any that may be made for the dispo-
sltlon Of cases, the court will proceed
to the White House to pay its Gus
tomary visit of respect to the Presi~
dent
The docket has been cleared Of anti
trust cases of national Importance,
but the court has been petitioned to
grant rehearings in some of those dis
posed Of at the last term, including
the Southern Pacific, which the court
ordered to divest itself of ownership
and control Of the Central Pacific, and
the Coronado Coal case, in which re-
consideration has been asked on the
question of the liability Of certain
unions of the United Mine Workers of
America and individuals for treble
damages for the destruction of prop
or rfxy ha IT,
dent to conspiracy to restrain inter
state commerce.
Federal League Case Revived
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 in
the major leagues does not constitute
interstate commerce; in several cases
against the Emergency Fleet Corpora
ton, fixing its stability and status as a
Federal agency, and in the Laramie
River case. in which priority Of appro-
priation. was applied as controlling
water rights in interstate streams in
arid regions: Persons not heretofore
identified with the United Shoe Ma
chinery case have, in behalf of the
consuming public" also asked modi-
fication OF the opinion holding certain
leases illegal under the Clayton act
During the recess permission has
been requested by three states to bring
original actions-by New York to test
the constitutionality Of the Federal
water power act Of 1920. by Massachu-
setts to test the constitutionality of
the maternity law and by Wisconsin to
N %
Chicago River by Illinois and the sani
tary district, Chicago, on the ground
that it is lowering the lake levels and
obstructing navigation.
A number of disputes between states
are before the court, including those of
North and South Dakota against Min
nesota, involving alleged damages
River due to drainage projects; that Of
Massachusetts, to assert title TO land in
the city of Rochester, N. Y, and boun-
Diary disputes between New Mexico and
Texas, between New Mexico and Colo
RADIO and between Arkansas and Mis-
sissippi.
Japanese Issues Pending
There are pending cases from Cali
forna, Washington and Honolulu in
volving the question whether Japanese
can be naturalized and others whether
they can own land; from Oregon
case raising the question 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 customary controversies
arising out of injuries to railroad en-
ployees, and several important land,
irrigation and oil cases.
National prohibition is represented
upon the docket by cases from Arizona,
California, Florida, Georgia, Ohio and
Texas, in several of which is raised
the question of the enforcement Of
state penalties in addition to those
provided in the Volstead act. One
from Florida would question the con-
stitutionality of the Volstead act on
to the adoption of the constitutional
amendment and would assert that "pos-
session" Of intoxicating liquor is not
in violation of the law.
Whether publishers can require
newsdealers who are their wholesale
distributors exclusively to confne their
wholesale activities to their publca-
tions, whether Iowa and Ohio can re-
strict teaching German in their schools
and whether retail chain stores
in Nebraska may purchase direct
from manufacturers or only through
wholesalers, are some of the more i'm
portant cases on miscellaneous sub
jects pending before the court
Oral arguments are not expected
to begin until Tuesday and eight cases
will be disposed of during the re-
mainder of the week, should each take
all the time allowed by the rules. The
first case to be called for argument
will be that brought by William W.
Knights to test the constitutionality
of the income tax law of Massachu-
sets, which was advanced by order
Of the court last term.
WHEN YOU DRINK WATER