The Topeka state journal., 1922-10-02
SUPREME COURT

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 destruction
of property on the ground that it was
incident to a conspiracy to restrain
int erstate commerce =
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 ma
| tional agreement in which the court
| held that professional baseball as
played in the major leagues does not
i.constitute interstate commerce: in
several cases against the emergency.
| fleet corporation fixing its stability
and status as a federal agency and
| in the Laramie river case in which
priority of appropriation was applied
as controlling water rights in inter-
state 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.
There also are pending cases from
California, Washington and Honolulu
| involving the question whether Jap
lanese can be naturalized and others
| whether they can own land; from
|
| whether Hindus can be naturalized; d
| large number of railroad cases includ
/ ing one to prevent Consolidation of the
New York Central, Lake Shore and
other lines; the customary contro-
versies arising out of inquiries to rail-
| road employees and several important
land irrigation and oil cases.
Fox Cases at Issue.
Altho the federal income tax law
| has been subjected to much litigation,
| it still is fruitful of controversial is
sues which appear IN several cases
now before the court, while the ap-
| plfcation of 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 Arf-
zona, California, Florida, Georgia,
Ohio and Texas, in several of which
is raised the question of enforcem ent
| 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
the ground that it was enacted prior
to the adoption of the constitutional
amendment, and would assert that
| possession" of Intoxicating liquor is
not in violation of the law.
| Whether publishers can require
newsdealers who are their wholesale
| distributors exclusively to confine their
wholesale activities to the publica-
tions; whether the Smith cold stora ge
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 Nebraska may purchase
direct from manufacturers or only
| thru wholesalers are some of the more
] important cases on miscellaneous sub
| jects pending before the court. Pat
ent infringement and related subjects
4 ri IN
courts business.
/ Eight Cases This Week.
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
lall 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. 1t will share
a day with five cases, also advanced,
brought by the consul general Of
Portugal to test the immunity of
steamships claimed to be owned by
his government from legal prosecu-
ition, on the ground that such claims
must be settled thru diplomatic chan
lnels.
The first case on the regular docket
is that of Takao Ozawa, brought from
dOnOIulu TO nave determined Dy Inc
highest court whether japanese are
''free white persons" eligible for nat
Iuralization. Last year when reached
for argument during the Limitation of
armament conference it was passed at
the request of the government. and
notice has not been given whether a
similar motion will again be made
when it is called. It is considered
that six cases, a number of which are
Ipending to test the constitutionality
i0f a Sfz fI1T a l.
determinate sentences are imposed in
criminal cases. will be reached during
the first week. These have twice been
passed. and It is considered probable
by court officers that when again
lcailed the court will be asked to dis
| miss them. The other cases which
Twill be argued during the first week
cn-,s,i cs.Gi c,f min Or in. -acart