Evening star., 1922-10-02
SUTHERLAND TAKES
HIGH COURT SEAT
(cor.inued from First Page.)


Nye schneider-Fowler Company. In
volvinE the ,constitutionality of the
Nebraska statute fixing the order Of
responsi bility Of railroads for dam
ages suffered by shipments. and the
Wichita Railroad and Light Com
pany against the public Utilities COM
mission of Kansas and others. test
ing the power Of state~commfssions
to fix rates. Notwithstanding pro-
visions. Of existing contracts.
The docket has been cleared OF anti
trust cases of national importance,
but the court has been petitfoned to
grant, rehearings in some Of those
disposed Of at the last term, includ.
ing the Southern Pacific, which the
court ordered to divest itself of own.
ershiR-And control Of the Central Pa
cific, and the Coronado CoaF case, IN
which Reconsideration 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 destruc-
ton of property, on the ground that
it was incident to O. conspiracy to
restrain Interstate commerce.
May ReheaT, Bali Club Case.
The court also. has been asked to
grant rehearings In the case brought
by the Baltimore club. of the de-
funct Federal Base Bail League
undar .,tthe, national Agreement, . in
which the court hsia thar prof
base ball as played In che, ,Inajor
leaguessdoes not constitut 10 Interstate
commerce., In several scases against
the Emergency Fleet Corporation. Ak
ing Its suabaity and status as a led
eral agency. and IN the Laramie river
case, in which priority of appropri-
alton 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 a
certain leases Illegal under the Clay
During the recess permission has
been requested by three states to
bring original actions-by New York
to: test theF Fconstitutionality Of the
Massachusetts to test the constitu-
tiona1ity Of the maternity law. aud by
Wisconsin to restrain diversion of
water into the Chicago river by ILL.,
nois and the sanitary. district. Chi
cago. on the ground that. 1t Is lower
ing the lake levels and obstructing
navigation.
A number of disputes between
states are before the court, including
those of North and South Dakota
against Minnesota. involving alleged
damages caused by overflow of the
Mustrinka river due to drainage
projects. that of Massachusetts, to as
sert title to sland in the city of
Rochester, N. ". and boundary dis
putes between New Mexico and Texas,
between New Mexico and Colorado
and. between Arkansas and Missis-
sippi.
Naturalization Of Japanese.
There also are pending cases from
California. Washington and Honolulu
involving the question whether Japa-
nese can be naturalized and others
whether they can own land: from
Oregon a case raising the question of
whether Hindus can be naturalized
and large number of railroad cases,
including one to prevent consolida-
|tion of the New York Central. Lake
Shore and other lines. 30.
National prohibition Is represented
upon the docket by cases from
Arizona, California. Florida, Georgia,
EOhio and Texas. in several of which
is raised the question of the enforce
ment of state penalties in addition to
those provided in the Nolstead act
One from Florida would question the
constitutionality of the Nolstead act,
on the ground that it was enacted
prior to the adoption Of the consti-
tutional amendment. and would as
SORT that possession" of Intoxicating
liquor is not in violation of the law. i,
Whether publishers !, can require
fnewSdealers who are their wholesale
distributors exclusively to confine
their wholesale activities to their
publications.; whether the Smit cold
storage and Valentine antitrust laws
Of Ohio are constitutional; whether
Iowa and Ohio can restrict teaching
of German in their schools and
whether retail chain stores in Ne
bra ska may purchase direct from
manufacturers or only through h
wholesalers are. some of the more
important cases on miscellaneous
subjects pending before the court
Patent infringement and related sub
jects centribate their usual quotas
to the courts business. -
Oral Arguments Tuesday.
Oral arguments are not expected to
begin until Tuesday. and eight cases
will be disposed of during the remain
der of the week should each take all the
time allowed by the rules. The first
ca Sc to be called for argument will be
that brought by William w. Knights
to test the constitutionality of the
income tax law of MASSACHUSETTS,
which was advanced by order of the
court last term. 1t will share a day
with five cases, also advanced, brought
| by. the consul general of Portugal to
test the immunity of steamships