The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-10-02
SUPREME COURT
OPENS REGULAR
OCTOBER TERM
Former Senator Sutherland
Takes Oath of Office.
Justice Pitney, Who Is Ill, Only
Member Absent.
into FIRST CASES TUESDAY
Decide Case Against Kansas
Utilities Commission.
May Grant Rehearing in South
ern Pacific Dispute.
Decide Case Against Kansas
Utilities Commission.

WdSuAHSIOns OcC. Z-"Ine supreme
| court of the United States met at
noon today, for it's October term, with
two of the nine seats upon the bench
vacant. One was filled when Chief
Justice Taft administered the judicial
oath to former Senator George Suth-
erland, of Utah, as the successor of
John H. Clarke, of Ohio, who resigned
during the recess. Justice Sutherland
was conducted to the seat on the ex-
treme left of the chief justice.
The other chair, assigned to Asso-
ciate Justice Pitney, will not, accord
ing to information reaching his col
leagues, be occupied by him in the
near future because of illness.
Justice Holmes Recovers.
Justice Holmes. the oldest member
of the court, who submitted to seri-
Gus surgical operation last summer,
was present for the convening of the
term, and declared himself ready for
the eXacting duties of a crowded
docket. Justice Day, nominated by
the president to act as umpire in the
settlement of German debts, and
whose retirement from the bench had
been rumored, was prepared to con-
tinue his judicial duties, giving no
outward indication of an intention to
lay them down in the near future.
FOIlOWlHS the INTO OIIlCe,
of the new associate justice, the court
admitted to practice a number of at
torneys, and then adjourned for the
day to proceed to the White House to
pay a visit of respect to the president.
President to Receive Court.
The president set aside 1 o'clock to
receive the court. On such occasions
the chief justice and the associate
justices upon reaching the White
House Cnnd11nfnd n tho h1I1n
where in advance of the coming of
the president they arrange themselves
in line in the form of a horseshoe, the
associate justices with the chief JUS
tice at their head, arranging them
selves in the order of their seniority.
Formally marks the presidents en-
trance and his greeting of each men,
ber of the court as he proceeds down
the line from the chief justice ex-
changing handshakes with each. Then
standing at the mouth of the horse
shoe the president lays aside formaIity
and cordially engages in verbal ex
changes the visit ending in fifteen or
twenty minutes by the president with
drawing.
First Hearing Tuesday.
Hearing of cases will begin in the
court on Tuesday but there will be
no opinions or orders from the court
until the following Monday.
No decisions will be rendered or or
ders issued by the court during the
first week upon any cases held under
advisement or on motions for rehear-
ings submitted during the recess. Ear
ly in the new term, however, the
opinion of the court may be expected
in five cases argued at the last term.
These included original cases brought
separately by the states of Ohio and
Pennsylvania to prevent West Virginia
from restricting the exportation of
natural gas, and by Oklahoma for the
location of the Texas boundary.
Kansas Case Up.
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 hand are those
brought by the Chicago and North
western Railway Company against
Nye- Schneider-Fowler Company in
volving the constitutionality of the
Nebraska statute fixing the order of
responsibility of railroads for dam
ages suffered by shipments, and the
Wichita Railroad and Light Company
against the Public Utilities Commis-
sion of Kansas ana others, testing
the power of state commissions to fix
rates Notwithstanding provisions of
existing contracts.
The docket has been cleared of
antitrust cases of national impor-
tance, but the court has been petit
toned to grant rehearings In some of
those disposed of at the last term,
the court ordered to divest itself of
ownership and control of the Central
Pacific, and the Coronado Coal case,
(COntfUuod nD poOo