Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-13

cmplOye recovered judgment against
the negligent party, and therefore was
not entitled to compensation under the
act. The appellant maintained that
under the circumstances it was COM
PEELED to pay twice for the same wrong
But Chief Justice Hughes answered that
in case of wrongful death the power of
the State Is not limited to requiring
compensation. 1t may, in addition, i'm
pose penalty and may make provision
for the disposition of the money thus
collected from the negligent party.
AS was stated, 1t is too early to draw
any conclusion concerning the work of
Chief Justice Hughes or the view ex-
pressed in his opinions. For the pres
ent it may be said, however, that the
views thus far enunciated by him were
not what his opponents anticipated, just
as this may be said concerning the
opinions of Justice Stone. with respect
to whose appointment the same opposi-
ton was raised.
Pending Cases.
There are Al cases pending for deci-
sion. OF these Is were argued before
February "a, and therefore the Chief
Justice will not participate in their de-
cision. The remaining 26 cases were
argued after he took Office. There of
these relate to the Chicago diversion
controversy, in which Mr.. Hughes acted
as special master, and therefore he will
not participate in their disposition. In
| three others the arguments for the
Government were conducted by Solicitor
General Charles Evans Hughes, jr.. and
Mr.. Hughes will not participate in these
cases. This leaves 20 cases in the dis
position of which Chief Justice Hughes
may participate when the court recon-
veneS on April IA.
The largest single class of cases pend
ing for decision come under the vari-
Gus provisions of the internal revenue
acts. There are IL such cases. Most of
these deal with technical questions, such
as whether storage batteries, gasoline
StratnerS, Speedometer parts, replace
ment parts for bumpers, ETC., are auto
mobile parts and accessories" within
the meaning of the provision imposing
excise taxes on the sale of such prod
uctS; or whether certain deductions are
allowable in cases where the taxpayer
keeps his books on an accrual basis;
whether certain trusts were created in
contemplation of DEATH whether the
revenue act of 1924 was applicable to
| revocable trust created prior to the
passage of the act, etc.
The second largest class of cases in
volve taxation laws of the States. These
are important because the attack is
made against their conStitutionality.
Among these cases are the inheritance
tax act of South Carolina. as imposed
on debt due by South Carolina cor
poration to a resident of Illinois: the
corporation tax of Illinois; the Louis
lana severance tax on natural resources
as applied to petroleum products. and
| the Missouri tax on insurance COM
panies.
Personal Injury Cases.
The third largest class of cases pend
ing for decision consists of actions
brought to recover compensation for in
| juries received by employees on vessels
| or railroads. One of these presents an
important question of law not hereto
fore decided and that is, whether the
recent longshoreman'S and harbor
workers compensation act supersedes
the Federal employers liability act in
cases where the railroad employe Is in
jured or killed while working on navi-
gable waters.
In general. it may be said, that these
personal injury cases do not involve
matters of much public Importance or
any new points OF law. Generally they
revolve about the question whether. at
given moment of injury the employe
was or was not engaged in interstate
not sufficient evidence of the railroads
negligence, or whether the employe
assumed or did not assume the risk as
an incident to his employment. Such
cases have really no business before the
Supreme Court of the United States.
Still, large number of applications to
review these cases are constantly COM
Ing to the Supreme Court and, what Is
more. a relatively large number of such
foy, I14Y, akAI
bv the Supreme Court in recent years.
It is interesting to note that since Feb
ruarv "a. when Mr.. Hughes became
Chief Justice. there were eight petit
tons submitted under the Federal en-
ployers' liability act. and all of these
have been denied. Whether this indi-
Gates change of policv with reference
to such cases remains to be seen.
During this period the court did
grant a review in one personal injury
case. involving the death Of a seaman.
That case. however. raised a new oues-
ton of law. not heretofore passed upon
by the court and upon which there Is
conflict between the Federal courts and
the New York courts. which decided the
present case. This question is whether
the Jones seamen's act, providing for
compensation TO injured searnen. applies
to injuries sustained while the seaman
is working on a vessel of foreign reg
istrv but in the nsvigable waters of the
United states. The case will be argued
next Fall.
Parker Passed on Resolution.
A question of fundamental impor-
lance pending for decision is contained
ir the deciduonS fruit case. The case
involves the validity of the Hoch-Smith
resolution of 1925, which directs the
Interstate Commerce Commission. in its
rate-making orders to favor commodi-
ties which ore affected bv economic de-
preston. With reference to rates for
transportation of agricultural products.
this resolution specifically provided "iu
view of the existing depression in agri-
culture the commission is herehv d.
rected to effect with the least nossible
delay such lawful changes in the rate
structure of the country as will pro-
mote the freedom of movement bu CON-
mon carriers Of the products OF acri-
culture affected bv depression. incIud-
inc live stock. at tho lowest nossible law
full rates compatible with the mainte-
nsn"e of adequate transportation serv-
ice"
This case is eSDecia1ly important in
view of the apnointment of Judge Park
or tn the Supreme bench. for he was
the first Judge tn write an oninion in
volving an snplication of the Hoch-
Smith resolution. The question came
I'D before him in the lake cargo cases.
in which the Interstate Commerce
Commission ordered the Southern rail-
roads to cancel certain rates on the
TRANSFORMATION Of coal from the West
VirOinia coal fields to the Great Lakes
ports.
This controversy presented an eco
nomic rather than a legal controversy.
In the connection of the West Vir-
gipia coal fields with the Pittsburgh
and Ohio coal mines for the lake cargo
market. the former have. Of course.
been at disadvantage due tn their
greater distance from the Crest lake
ports. In ordnr to enable the West Viz