Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-10-02
SUPREME COURT
OPENS OCTOBER
SESSION TODAY
Number Of Cases Increased
to Six Hundred During
Recess.
Session Today viii Be Clos
ed in Time to Pay Visit
to President. a.

~s~ ~e (Ao oDWCCAhJ0 luSuC6& OF
the supreme court with the exception
OF Justice Pitney, were here today
Tor the opening at noon Of the z
lan& October term of court. Justice
Pitney was detained in q santarium
at Morristown, N. j. his home, where
MS condition IL reported tt be seri-
Included In the. program of for
malities for the opening day was the
administration by the chief Justice
OF the judicial oath to former Hsua-
tor George Sutherland Of Utah, APP
pointed to fill the vacancy on the
bench caused by the resignation dur
ING fecess of Justice John H.
Clarke.
In taking tho oath the new member,
with the court, bar and audience
standing, swears to faithfully and i'm
partially discharge and perform all
the duties incumbent upen him, hay-
ing before entering the court room
IN his robes, taken the official or Iron
clad oath to support and defend
the constitution of tbs United States
against all enemies"
Adhering to custom the court was
to close its session In tina to permit
a formal call by the court At the
White House to pay it, respects to
the President, The program OF busi-
ness for the opening session Included
the delivery of no opinions or entries
Of orders, being confined only to the
usual acceptance of motions for ad-
mission OF attorneys to practice.
Hearing of cases will begin in the
court on Tuesday, but there will be
no opinion or orders from the court
until the following Monday.
$50 Cases,
When the court adjourned. last
June it has pending 4S7 cases, and
during the recess the number was In
creased to $50. None of the new
cases, unless advanced, will be reach
ed for argument for two years.
Early in the new term. the opinion
of the court may be expected, in five
cases argued at the last term. These
included original cases brought sep
arately by the states of Ohio and
Pennsylvania, to prevent West Virgin
Ia from restricting the expectation
of natural gas,sfand by Oklahoma for
the location of tho. Texas boundary.
In he latter case all Issues have been
settled by opinions OF the court ex-
cept that of the physicals location Of
the boundary line. The other cases
which the has in hand are those
brought by the Chicago and North
western Railway company against
Nye Schneider-Fowles company, In
volving the constitutionality, OF the
Nebraska statute fixing the ,Qrder of
responsibility Of railroads for damages
suffered by shipments, n the Wich-
tia Railroad and Light company
sion of Kansas and others testing
the power of state commissions to fix
rates Notwithstanding provisions of
existing contracts. !
North DalSota Interested. B
"A number ofe disputes between
states arc 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 prof.
ects, that OF Massachusetts, to assert
N. Y, and boundary disputes hetween
New Mexico n Texas, between New
Mexico and Colorado. and between
Arkansas and Mississippi.
National Prohibition. +
National prohibition is represented
upon the docket by cases from Ariz-
ona. 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 Volsteal act, One
from, Florida would question he con-
s~titutionality of the Volgteaad act, on
the ground that 1t was enacted prior
to the adoption Of tho constitutional
amendment, and would assert that
possession" Of intoxicating liquor il
not in violation Of the law, :"
The first case on the regular docket
is that OF Takao oSawa brought from
Honolulu to have, determined by tho
highest court whether Japanese are
free-whtte persons" eligible for nat
uralizattcn. Last year when reached
for" argument during the limitation
Of armament conferences it was passed
notice has not been given whether
a similar motion will again BE- made
whom II II eallad. It is considered
that six cases, 4. number of which are
pending 10 tsst the constitutionAlity
Of the Illinois statute under, which
indetermtnate sSntsnces are imposed
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