The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1922-10-02
NEW JUSTICE FOR
SUPREME COURT
Former Senator Sutherland
of Utah Indicted Into
Office Today
$50 CASES ON
COURT DOCKET
New Cases Cannot BE Argued for Two
Years - No Decisions Expected This
Week Several Cases Involving In
come Tax and Prohibition Laws.

CUHle lax Laws.
WASHINGTON, Oct. 2.-The SUI
preme court of the United States recon-
vened today for the regular fall term
with crowded docket When the court
adjourned last June it had pending 49,
cases. and during the recess the number
was increased to Gao. None of the new
! cases, unless advanced. will be reached
for argument for two years.
Upon reassembling the court indicted
! into Office George Sutherland. former
| senator from Utah nominated during the
recess to fill the vacancy upon the bench
caused by the resignation of Associate
Justice Clarke The formality includes
the administration by the chief justice
of the judicial oath.
/ No decisions wifi be rendered or or
| derS issued BY the court during the first
week upon any cases held under advise
/ Inent or on motions for rehearings sub
mitted during the recess, Early in the
| new term, however. the opinion of the
court may be expected. in five cases ar
/ gCed at the last term. These included
! original cases brought separately by the
! states of Ohio and Pennsylvania to pre-
/ Tcnt West Virginia from restricting the
/ ~ Ibl tdtltn bt HdAuTHl gas. ana DIV tlkla-
i hOma for the location of the Texas boun-
Diary. 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 Northwest
! crn Railway Go. against Nye Schneider
! Fowler Co. involving the constitution
| ality of the Nebraska statute fixing the
| order of responsibility of railroads for
/ damages suffered by shipments and the
| Wichita Railroad x Light Co. against
| sas and others. testing the power of the
! state commissions to fix rates notwith-
| standing provisions of existing contracts.
Ask Rehearing in Antitrust Gases.
/ The docket has been cleared of anti
| trust cases of national Importance. but
the court has been petitioned to grant
| rehearings in some of hose disposed of
/ ut the last term. including the Southern
lPacific. which the court ordered to di-
| vest itself of ownership and control of
/ the Central Pacific, and the Coronado
/ Coal case. in which reconsideration has
been asked on the question of the LA
| bility of certain unions of the United
Mine Workers of America and individ-
ualS for treble damages for the destruc-
| ton of property on the ground that il
was incident to conspiracy to restrain
interstate commerce.
/ Although the federal income tax law
/ has been subjected to much litigation
it still is fruitful of controversial issues
which appear in several eases now be-
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 Arizona.
/ California. Florida, Georgia. Ohio and
/ Texas in several of which is raised the
Question of the enforcement of state pen
alties in addition to those provided in
the VolStead 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
constitutional amendment. and would as
Sert that possession of Intoxicating
liquor is not in violation of the law.
Some Other Issues.
| Whether publishers can require news
dealers who are their whole sale dis
tributors exclusively to confine their
wholesale activities to their publica-
tionS; whether the Smith cold storage
and Valentine antitrust laws. of Ohio
lare constitutional: whether Iowa and
Ohio can retrict teaching of 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 impor-
Itant cases on miscellaneous subjects
pending before the court. Patent in
fringement and related subjects con-
tribute their usual quotas to the courts
business.
| Oral arguments are not expected to
begin until Tuesday, and eight cases will
be disposed of during the remainder of
the week should each take all the time
allowed by the rules.
Hefne- Grows to Suit Occupants.