New Orleans Pub. Serv., Inc. v. City of New Orleans, 281 U.S. 682 (1930)
Case details
Citation
281 U.S. 682
Full caption
NEW ORLEANS PUBLIC SERVICE, INCORPORATED, v. CITY OF NEW ORLEANS.
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
June 2, 1930
Majority
Butler (Justice)
NEW ORLEANS PUBLIC SERVICE, INCORPORATED, v. CITY OF NEW ORLEANS.
APPEAL FROM THE SUPREME COURT OF LOUISIANA.
No. 460. Argued April 30, 1930.—Decided June 2, 1930. Under authority contained in a city ordinance granting it a fran-
chise to construct and operate a street railway along a city street,
9 Had there been no previous construction of the statute by the highest court, the plaintiff would, of course, have had to assume the risk that the ultimate interpretation by the highest court might differ from its own. Likewise, if the administrative remedy were still available to the plaintiff, there would be no denial of due process in that regard.
682 Counsel for Parties.
a company constructed, upon plans approved by the city, a singletrack viaduct for the passage of its cars over railroad tracks. When the viaduct had long been in use, was about to become inadequate, and was also unsafe and in need of extensive repairs, the city by ordinance required the company to remove it and to construct in its place double tracks at street level crossing the railroad. Held:
1. The later ordinance purports merely to regulate the use of the streets for the convenience and safety of the public and does not impair the company’s franchise P. 685.
2. The ordinance is presumed to be valid and the burden is upon the company to show that, having regard to the facts disclosed by the record, removal of the existing viaduct and construction of the crossings are so clearly unreasonable and arbitrary as to amount to depriving the company of its property without due process of law. P. 686.
3. The city, acting as the arm of the State, has a wide discretion in determining what precautions in the public interest are necessary or appropriate under the circumstances. Id.
4. Enforcement of uncompensated obedience to a regulation passed in the legitimate exertion of the police power is not a taking of property without due process of law. P. 687.
5. The ordinance can not, upon the evidence, be held unreasonable because of the expense involved to the company in the sacrifice of the viaduct and the construction of the new crossings. Id.
6. It is to be presumed, in support of the ordinance, that the city will make and enforce appropriate regulations to safeguard against collisions at the grade crossing. Id.
168 La. 983, affirmed.
Appeal from a decree affirming a decree for the City in its suit to require the appellant herein to remove a street railway viaduct and construct double tracks at street level across railroad tracks.
Mr. Alfred Charles Kammer, with whom Mr. Charles Rosen was on the brief, for appellant.
Messrs. Wm. F. Conkerton and Francis P. Burns, Assistant City Attorneys, with whom Mr. Bertrand I. Cahn, City Attorney, was on the brief, for appellee.
Mr . Justice Butler delivered the opinion of the Court.
The question presented by this appeal is whether an ordinance of the city of New Orleans requiring the demolition of a viaduct and construction of grade crossings to take its place violates the contract clause of the Federal Constitution or the due process clause of the Fourteenth Amendment. 28 U. S. C., § 344(a). King Mfg. Co. v. Augusta, 277 U. S. 100.
Appellant has a franchise granted by the city for the operation of a street railway system. One of its lines was constructed along Franklin Avenue. That street intersects Florida Walk which is occupied by eight railroad tracks now used by the Southern Railway Company. March 9,1910, the city passed Ordinance’6445. It recited that the railroad company objected to the street railway crossing its tracks at grade, that the public interest would best be served by a viaduct crossing and that the street railway was willing to build one. It authorized the city engineer to approve plans for a viaduct to be constructed approximately on the center line of Franklin Avenue and to embrace earthen embankment approaches that would not exceed the neutral space in Franklin Avenue or obstruct the roadways on either side of it. Following the adoption of the ordinance the company built a singletrack trestle viaduct which has since been maintained and used for the passage of its street cars over the railroad tracks. November 7, 1926, the city passed Ordinance 9375 requiring appellant to remove the viaduct and to construct in its place double tracks at street level across the railroad tracks. Appellant refused and the city brought this suit to compel compliance.
The complaint alleges: Because of increase of population, the single track is not sufficient to provide adequate service for the people of that section. The viaduct has p. 685not been properly maintained and is dangerous to the public. In order to eliminate grade crossings where Franklin Avenue intersects the railroad tracks of the Louisville and Nashville Railroad Company, it would be necessary to demolish the present viaduct and to construct across the tracks of both railroad companies a new viaduct for two street-railway tracks, two vehicular roadways and two walks for pedestrians. The city would have to contribute one-half the cost of such construction (Act 38 of 1924) and it is not financially able to do so at the present time. The answer denies that the single track viaduct is not sufficient to furnish adequate service or that it is unsafe. It avers: The ordinance required the construction of the viaduct; it cost approximately $58,000, and its purpose was to avoid having grade crossings over much used railroad tracks. New crossings are not necessary. They will cost more than $135,000 and subject users to hazards the viaduct was constructed to avoid. The ordinance is arbitrary and violates the contract clause of the Federal Constitution and the due process clause of the Fourteenth Amendment. The trial court, without making any specific findings of fact, entered a decree for the city; the supreme court affirmed. 168 La. 983.
Appellant cites Grand Trunk Western Ry. v. South Bend, 227 U. S. 544, and Owensboro v. Cumberland Telephone Co., 230 U. S. 58, in each of which this Court condemned a city ordinance as repugnant to the contract clause. In the former the ordinance attempted to repeal a valid grant of a right to use a street for a railroad purpose that was found not to be injurious to the public. In the latter the ordinance purported to require the telephone company to remove from city streets its poles and wires which had been placed there under authority granted by an earlier ordinance or to make payments not provided for in the contract under which the telephone lines were constructed. Neither of these cases has any p. 686application here. The ordinance now under consideration does not aim to destroy or to exact payment for the right of appellant to use the street for the operation of its street railway. It purports merely to regulate the use of the streets for the convenience and safety of the public. It does not impair appellant’s franchise.
The ordinance is presumed to be valid and the burden is upon the appellant to show that, having regard to the facts disclosed by the record, removal of the existing viaduct and construction of the crossings are so clearly unreasonable and arbitrary as to amount to the depriving of appellant of its property without due process of law. Aetna Insurance Co. v. Hyde, 275 U. S. 440, 447, 448. Undoubtedly the city, acting as the arm of the State, has a wide discretion in determining what precautions in the public interest are necessary or appropriate under the circumstances. Terrace v. Thompson, 263 U. S. 197, 217. Denver & R. G. R. R. Co. v. Denver, 250 U. S. 241, 244. Regulations that are in principle fairly comparable to the ordinance under consideration have been sustained by this Court as within the scope of the police power.*
Ordinance 6445 merely authorized the street railway company so to use the streets. No element of coercion was involved. The opinion of the supreme court shows that one of the roadways has been narrowed by the city’s construction of a sidewalk and, granting that the track is not presently inadequate, indicates that additional capacity for service at this intersection is likely to be needed. And, upon sufficient evidence, the court found that the viaduct is unsafe and that extensive repairs are required to put it in proper condition.
* Denver & R. G. R. R. Co. v. Denver, 250 U. S. 241. Chi., Mil. & St. P. Ry v. Minneapolis, 232 U. S. 430. Mo. Pac. Ry. v. Omaha, 235 U. S. 121. N. Y. & N. E. Railroad Co. v. Bristol, 151 U. S. 556. Baltimore v. Baltimore Trust Co., 166 U. S. 673. New Orleans Gas Co. v. Drainage Comm., 197 U. S. 453.
The value of the viaduct to be removed, the large expenditure involved for construction of the crossings in its place, and the dangers incident to their use constitute the sole basis of fact on which the ordinance is assailed. It is elementary that enforcement of uncompensated obedience to a regulation passed in the legitimate exertion of the police power is not a taking of property without due process of law. Chicago, B. & Q. Railroad v. Chicago, 166 U. S. 226, 251. C. B. & Q. Railway v. Drainage Comm’rs, 200 U. S. 561, 594. Chicago & Alton R. R. v. Traribarger, 238 U. S. 67, 77. The sacrifice of the old structure and the cost of the new crossings involve a large amount of money. But the evidence fails to show that, having regard to the circumstances, it is so large that the regulation must be held to pass the limits of reasonable judgment and amount to an infringement of the right of ownership. While the elimination of grade crossings is desirable in the interest of safety, there are other means that reasonably may be employed to safeguard against collisions at intersections of public streets and railroad tracks. Presumably the city will make and enforce appropriate regulations at this crossing. Appellant has failed to establish facts sufficient to require a finding that under conditions existing there it is not reasonably possible so to do. And it has not shown that the ordinance is so unreasonable that it transgresses constitutional limitations.
Decree affirmed.
(no text on this page in the source reporter)
DECISIONS PER CURIAM, FROM JANUARY 28,
1930, TO AND INCLUDING JUNE 2, 1930.*
No. 6, original. Oklaho ma v . Texas et al . February 24, 1930. Order approving a statement by Samuel S. Gannett, commissioner, of the cost of running, locating, and marking the boundary along the one hundredth meridian, as directed by the decree of January 3, 1927 (273 U. S. 93), and adjudging that the United States pay to the State of Texas one-third thereof.
No. 500. Ex parte Murray . Appeal from the Supreme Court of California. Jurisdictional statement submitted January 27, 1930. Decided February 24, 1930. Per Curiam: The appeal is dismissed for the want of a substantial federal question. Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton n . Whiteside, 239 U. S. 144, 147. Treating the papers whereon the appeal was allowed as a petition for certiorari, as required by § 237 (c) of the Judicial Code, as amended by the Act of February 13, 1925 (c. 229, 43 Stat. 936, 938), the certiorari is denied. Messrs. Roland Becsey and William F. Herron for Murray. Reported below: 207 Cal. 507.
No. 9. Grant , Receive r , v . A. B. Leach & Company , Inc . Certiorari to the Circuit Court of Appeals for the Sixth Circuit. February 24, 1930. It is ordered that the printed opinion handed down in this case on January 6, 1930, be amended by striking out the last clause in the
*
For decisions on applications for certiorari see post, pp. 706,
720
98234°—30—.—44 689
Decisions Per Curiam, Etc. 281U. S.
second sentence of section 1 at the top of page 2, reading “ in exchange for 3,000 shares of the seven per cent preferred stock of the Furnace Company, at 85 and accrued dividends,” and substituting therefor the following: “ for which it paid partly in shares of the seven per cent preferred stock of the Furnace Company, at 85 and accrued dividends, and partly in cash.” See 280 U. S. 351, 354.
No. —, original. Ex parte Lopez . Motion submitted February 24,1930. Decided March 3, 1930. The motion for leave to file a petition for a writ of mandamus is denied. Mr. William J. Rohde for Lopez. •
No. 21, original. Ex parte Northern Pacific Ry . Co . et al . March 3, 1930. Per Curiam: The returns of Charles N. Pray and George M. Bourquin, district judges of the United States, to the peremptory writ of mandamus heretofore issued in this cause have been received and are ordered to be filed;
It is ordered that an entry be made upon the minutes and journal of this Court showing that the writ of mandamus has been obeyed. See 280 U. S. 142.
No. 663. Grant v . Glynn Canning Co . et al . Appeal from the Supreme Court of Georgia. Motion submitted February 24, 1930. Decided March 3, 1930. Per Curiam: The appeal herein is dismissed for the want of jurisdiction upon the authority of § 237 (a) of the Judicial Code as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari, as required by § 237 (c) of the Judicial Code as amended by the Act of February 13,1925 (43 Stat. 936, 938), certiorari p. 691is denied. The motion for leave to proceed further herein in forma pauperis is therefore also denied. Mr. Virgil E. Adam for appellant. No appearance for appellees. Reported below: 150 S. E. 424.
No. 235. Morgan v . Georgia . Appeal from the Supreme Court of Georgia. Submitted February 24, 1930. Decided March 3, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Griffith v. State of Connecticut, 218 U. S. 563, 571; Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King & Co. v. Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191. Mr. R. R. Jackson on the brief for appellant. Messrs. George M. Napier, Attorney General of Georgia, Albert Howell, Mark Bolding, Herman Heyman, Frank R. Hubacheck, Frank Brookes Hubacheck, and Charles Scott Kelly on the brief for appellee. Reported below: 149 S. E. 37.
No. 538. Johnson et al . v . State Highw ay Commi s - sion of South Carolina et al . Appeal from the Supreme Court of South Carolina. Argued February 24, 1930. Decided March 3, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King & Co. n . Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191. Treating the papers whereon the appeal was allowed as a petition for certiorari, as required by § 237 (c) of the Judicial Code, as amended by the Act of February 13, p. 6921925 (43 Stat. 936, 938), certiorari is denied. Mr. L. G. Southard for appellants. Messrs. John M. Daniel, Attorney General of South Carolina, Cordie Page and J. Ivey Humphrey, Assistant Attorneys General, William C. Wolfe, Mendel L. Smith, R. E. Whiting, and C. C. Wyche on the brief for appellees. Reported below: 150 S. E. 269.
No. 499. Crawf ord v . Supe rior Court of California et al . Appeal from the Supreme Court of California. Argued February 24, 25, 1930. Decided March 3, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman n . United States, 249 U. S. 182; C. A. King & Co. v. Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191. Treating the papers whereon the appeal was allowed as a petition for certiorari, as required by § 237 (c) of the Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 938), certiorari is denied. Mr. Casper A. Ornbaun, with whom Messrs. Edson Abel, William H. Hunt, and Herbert W. Clark were on the brief, for appellant. Messrs. U. S. Webb, Attorney General of California, Robert W. Harrison, George H. Harlan, Thomas P. Boyd, and Francis V. Keesling on the brief for appellees. Reported below: 279 Pac. 992.
No. 484. Turner v . Winter s . Appeal from the Supreme Court of Utah. Jurisdictional statement submitted February 24, 1930. Decided March 3, 1930. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). p. 693Treating the papers whereon the appeal was allowed as a petition for certiorari as required by § 237 (c) of the Judicial Code as amended by the Act of February 13, 1925 (43 Stat. 936, 938), certiorari is denied. Mr. Samuel A. King for appellant. Messrs. Charles M. Morris and Edward R. Callister for appellee. Reported below: 278 Pac. 816.
No. —, original. Ex parte Smith et al . Motion submitted March 3, 1930. Decided March 12, 1930. The motion for leave to file petition for a writ of mandamus is denied. Mr. C. C. Calhoun for Smith et al.
No. 300. Quapaw Land Compa ny , Inc ., v . Boling er . On writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit. Argued March 6, 1930. Decided March 12, 1930. Per Curiam: The judgment herein is set aside, and the case is remanded to the District Court with directions to dismiss the petition for the want of jurisdiction. Taylor v. Anderson, 234 U. S. 74; Joy v. St. Louis, 201 U. S. 332; Shulthis v. McDougal, 225 U. S. 561. Mr. Sidney L. Herold, with whom Messrs. Francis W. Clements and Sumter Cousin were on the brief, for petitioner. Messrs. Frank J. Looney and Judson M. Grimmet on the brief for respondent. Reported below: 32 F. (2d) 627.
No. 309. Exchange Drug Co . v . Long , Chairman of the State Tax Comm iss ion of Alabama , et al . Appeal from the Supreme Court of Alabama. Argued March 7, 1930. Decided March 12, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v.
Decisions Per Curiam, Etc. 281U. S.
King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King & Co. v. Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191. Mr. Robert Benson Evins for appellant. Messrs. Charlie C. McCall, Attorney General of Alabama, Richard T. Rives, Special Assistant Attorney General, and Lawrence H. Lee on the brief for appellees. Reported below: 219 Ala. 701.
No. 6, original. Oklahoma v . Texas et al . March 17, 1930. On consideration of the report dated July 15, 1929, of Samuel S. Gannett, commissioner, heretofore designated to run, locate, and mark the boundary between the State of Oklahoma and the State of Texas along the true one hundredth meridian of longitude west from Greenwich as determined by the decree of January 3, 1927 (273 U. S. 83), modified by the decree of March 5, 1928 (276 U. S. 596), showing that he has run, located, and marked such boundary;
And no objection or exception to such report being presented, and the time therefor having expired;
It is now adjudged, ordered, and decreed as follows:
1. The said report is in all things confirmed.
2. The boundary line delineated and set forth in said report and on the accompanying maps is established and declared to be the true boundary between the States of Texas and Oklahoma along said meridian.
3. The clerk of this Court shall transmit to the chief magistrates of the States of Texas and Oklahoma and the Secretary of the Interior copies of this decree, duly authenticated under the seal of this Court, together with copies of said report and of the accompanying maps.
4. As it appears that the said commissioner has completed his work conformably to said decrees, he is hereby discharged.
5. The clerk of this Court shall distribute and deliver to the chief magistrates of the States of Texas and Oklahoma and the Secretary of the Interior all copies of the said report made by the commissioner, with the accompanying maps now in the clerk’s hands, save that he shall retain 20 copies of each for purposes of certification and other needs that may arise in his office.
[This decree appears also at p. 109, ante.']
No. 590. Davis v . Teague . Appeal from the Supreme Court of Alabama. Jurisdictional statement submitted March 12, 1930. Decided March 17, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King & Co. n . Horton, 276 U. S. 600; Bank oj Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191. Mr. Mack C. Davis, pro se. No appearance for appellee. Reported below: 125 So. 51.
No. 339. Colum bus &' Greenville Ry . Co. v. Buford et al . Appeal from the Supreme Court of Mississippi. Argued March 14, 1930. decided March 17, 1930. Per Curiam: The appeal herein is dismissed for the want of a properly presented substantial federal question. Wabash R. R. Co. v. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King & Co. n . Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 U. S. 191; Sayward v. Denny, 158TJ. S. 180,183,184; Consolidated Turnpike Co. v. Norfolk & Ocean View Ry. Co.,22S U. S. 326, 334. Mr. William H. Watkins, with whom Messrs. A. F. Gardner, Sr., H. T. Odom, P. H. Eager, Jr., A. F. Gardner, Jr., and p. 696J. N. Flowers were on the brief, for appellant. Messrs. John Ambrose Tyson, A. McC. Kimbrough, and 0. L. Kimbrough on the brief for appellees. Reported below: 122 So. 501.
No. 7, original. Wis consi n et al . v . Illinois et al ; No. 11, original. Michi gan v . Same ; and No. 12, original. New York v . Same . April 21, 1930.
Decree . Announced by Mr . Justice Holmes . (The Chief Justi ce took no part.)
These causes came on to be heard upon the pleadings, evidence, and the exceptions filed by the parties to the Report of the Special Master, as well as on the exceptions filed to the Report of the Special Master on Re-reference, and were argued by counsel. The Court now being fully advised in the premises, and for the purpose of carrying into effect the conclusions set forth in the opinions of this Court announced January 14. 1929, 278 U. S. 367, and April 14, 1930 [ante, p. 179],
It is now here ordered, adjudged, and decreed as follows:
1. On and after July 1, 1930, the defendants, the State of Illinois and the Sanitary District of Chicago, their employees and agents, and all persons assuming to act under the authority of either of them, be and they hereby are enjoined from diverting any of the waters of the Great Lakes-St. Lawrence system or watershed through the Chicago Drainage Canal and its auxiliary channels or otherwise in excess of an annual average of 6,500 cubic feet per second in addition to domestic pumpage.
2. That on and after December 31, 1935, unless good cause be shown to the contrary, the defendants, the State of Illinois and the Sanitary District of Chicago, their employees and agents, and all persons assuming to act under the authority of either of them, be and they hereby are p. 697enjoined from diverting any of the waters of the Great Lakes-St. Lawrence system or watershed through the Chicago Drainage Canal and its auxiliary channels or otherwise in excess of an annual average of 5,000 cubic feet per second in addition to domestic pumpage.
3. That on and after December 31, 1938, unless good cause be shown to the contrary, the defendants, the State of Illinois and the Sanitary District of Chicago, their employees and agents, and all persons assuming to act under the authority of either of them, be and they hereby are enjoined from diverting any of the waters of the Great Lakes-St. Lawrence system or watershed through the Chicago Drainage Canal and its auxiliary channels or otherwise in excess of the annual average of 1,500 cubic feet per second in addition to domestic pumpage.
4. That the provisions of this decree as to the diverting of the waters of the Great Lakes-St. Lawrence system or watershed relate to the flow diverted by the defendants exclusive of the water drawn by the City of Chicago for domestic water supply purposes and entering the Chicago River and its branches or the Calumet River or the Chicago Drainage Canal as sewage. The amount so diverted is to be determined by deducting from the total flow at Lockport the amount of water pumped by the City of Chicago into its water mains and as so computed will include the run-off of the Chicago and Calumet drainage area.
5. That the defendant the Sanitary District of Chicago shall file with the clerk of this Court semi-annually on July first and January first of each year, beginning July first, 1930, a report to this Court adequately setting forth the progress made in the construction of the sewage treatment plants and appurtenances outlined in the program as proposed by the Sanitary District of Chicago, and also setting forth the extent and effects of the operation of the sewage treatment plants, respectively, that
Decisions Per Curiam, Etc. 281U. S.
shall have been placed in operation, and also the average diversion of water from Lake Michigan during the period from the entry of this decree down to the date of such report.
6. That on the coming in of each of said reports, and on due notice to the other parties, any of the parties to the above entitled suits, complainants or defendants, may apply to the Court for such action or relief, either with respect to the time to be allowed for the construction, or the progress of construction, or the methods of operation, of any of said sewage treatment plants, or with respect to the diversion of water from Lake Michigan, as may be deemed to be appropriate.
7. That any of the parties hereto, complainants or defendants, may, irrespective of the filing of the above-described reports, apply at the foot of this decree for any other or further action or relief, and this Court retains jurisdiction of the above-entitled suits for the purpose of any order or direction, or modification of this decree, or any supplemental decree, which it may deem at any time to be proper in relation to the subject matter in controversy.
And it is further ordered that the costs in these cases shall be taxable against the defendants.
No. —, original. Ex parte Benjam in . Motion submitted April 14, 1930. Decided April 21, 1930. The motion for leave to file petition for a writ of habeas corpus is denied. Mr. Jehudah Benjamin, pro se.
No. 525. Cox v. Colorado et al .; and
No. 526. Same v . Same . Appeals from the District Court of the United States for the District of Colorado. Jurisdictional statement submitted April 14, 1930. Decided April 21, 1930. Per Curiam: Appeals dismissed for p. 699the want of jurisdiction, upon the authority of § 238 of the Judicial Code, as amended by the Act of February 13, 1925 (c. 229, 43 Stat. 938.) Messrs. James H. Brown and M. W. Spaulding for appellant. Messrs. Colin A. Smith and J. G. Scott for appellees.
No. 486. Sherman et al . v . Unite d States . Certificate from the Circuit Court of Appeals for the Ninth Circuit. Motion submitted April 28, 1930. Decided May 5, 1930. The motion for a writ of certiorari to bring up the entire record and cause is granted. Mr. Leon E. Morris for Sherman et al. Solicitor General Thacher for the United States.
No. 462. Lucas , Commi ss ioner of Internal Revenue , v. Reed . On writ of certiorari to the Circuit Court of Appeals for the Third Circuit. Argued April 30, May 1, 1930. Decided May 5, 1930. Per Curiam: Judgment reversed upon the authority of Lucas v. Howard, 280 U. S. 526, and Metcalf de Eddy v. Mitchell, 269 U. S. 514. Mr. Claude R. Branch, with whom Attorney General Mitchell, Assistant Attorney General Youngquist, Mr. Sewall Key, Helen R. Carloss, and Messrs. Clarence M. Charest and Shelby S. Faulkner were on the brief, for petitioner. Mr. Maynard Teall for respondent. Reported below: 34 F. (2d) 263.
No. 670. Ivey et al . v . Keeli ng et al . Appeal from the Court of Civil Appeals, Eleventh Supreme Judicial District, of Texas. Jurisdictional statement submitted April 28,1930. Decided May 5, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Hancock v. City of Muskogee, 250 U. S. p. 700454; Valley Farms Co. v. County of Westchester, 261 U. S. 155; Browning v. Hooper, 269 U. S. 396, 405. Mr. Thomas E. Hayden, Jr., for appellants. No appearance for appellees. Reported below: 15 S. W. (2d) 1097.
No. 674. Holmes v . City of Fayetteville . Appeal from the Supreme Court of North Carolina. Jurisdictional statement submitted April 28, 1930. Decided May 5, 1930. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Yamhill Electric Co. v. City of McMinnville, 280 U. S. 531; Wabash R. R. Co. N. Flannigan, 192 U. S. 29; Erie R. R. Co. v. Solomon, 237 U. S. 427; Zucht v. King, 260 U. S. 174; Sugarman v. United States, 249 U. S. 182; C. A. King Co. v. Horton, 276 U. S. 600; Bank of Indianola v. Miller, 276 U. S. 605; Roe v. Kansas, 278 ILS. 191. Mr. A. L. Brooks for appellant. No appearance for appellee. Reported below: 197 N. C. 740.
No. 16, original. Kentucky v . Indiana et al . May 19, 1930.
DECREE.
This cause came on to be heard upon the pleadings, stipulation of facts, and briefs and was argued by counsel. The Court now being fully advised in the premises, and for the purpose of carrying into effect the conclusion set forth in the opinion of this Court announced April 14, 1930, ante, p. 163,
It is now here ordered, adjudged, and decreed as follows:
1. That the bill of complaint as amended be, and it hereby is, dismissed as against the individual defendants, James Duane Duncan, Claude F. Johnson, Walter L. Brandt, Robert N. Losey, Frank H. Hatfield, Todd p. 701Stoops, John F. Carson, Robert E. Rogers, and Lester R. McCool.
2. That the defendant, the State of Indiana, and each of its officers, agents, and servants, and all persons assuming to act under authority of either of them, be, and they hereby are, enjoined from delaying, attempting to delay, failing or refusing to promptly and in good faith perform or cause to be performed the covenants, on the part of the State of Indiana to be performed, of the agreement made and entered into by and between the Commonwealth of Kentucky, through and by the State Highway Commission of Kentucky, and the State of Indiana, through and by the Indiana State Highway Commission, of date September 12, 1928, which provides for the construction by the State of Indiana of a bridge across the Ohio River between Evansville, Indiana, and Henderson, Kentucky, at the point designated in the plans and specifications referred to in said contract.
3. That the. defendant, the State of Indiana, its officers, agents, servants, and all persons assuming to act under the authority of either of them, be, and they hereby are, directed to immediately resume, in good faith, the performance of each and all of the covenants of said contract, on its part to be performed, according to its terms, and to continue the performance thereof until each and all of said covenants shall have been fully performed.
4. That the defendant, the State of Indiana, through and by its State Highway Commission, shall proceed at once with the completion of the plans and specifications for said bridge, and shall advertise and let a contract or contracts for the construction thereof as soon as practicable after the Commonwealth of Kentucky shall have made permanently available sufficient funds to pay its part of the cost of said bridge as provided in said contract, of date September 12, 1928. The said Indiana State Highway Commission hereby is expressly directed to act p. 702and proceed for and on behalf of the State of Indiana in promptly and expeditiously complying with the terms of this decree.
5. That the defendant, the State of Indiana, by and through its State Highway Commission, shall file with the Clerk of this Court semi-annually on September 1st and March 1st of each year, beginning September 1, 1930, a report to this Court adequately setting forth the progress made in the construction of said bridge and in the performance of the covenants of said contract on the part of the State of Indiana to be performed during the period from the entry of this decree down to the date of such report.
6. That the complainant, Commonwealth of Kentucky, may, irrespective of the filing of the described reports, apply to this Court for any further action or relief, and this Court retains jurisdiction of the above entitled suit for the purpose of any order or direction, or modification of this decree, or any supplemental decree, which it may deem at any time to be proper in relation to the subject matter in controversy.
And it is further ordered that the costs in this case shall be taxable one-half against the State of Indiana and one-half against the Commonwealth of Kentucky.
No. 744. Laws v . Davis et al . Appeal from the Supreme Court of Ohio. Jurisdictional statement submitted May 5, 1930. Decided May 19, 1930. Per Curiam: The appeal is dismissed for the reason that the judgment of the state court sought here to be reviewed is based on a non-federal ground adequate to support it. Bilby v. Stewart, 246 U. S. 255, 257; Dibble v. Bellingham Bay Land Company, 163 U. S. 63. Mr. Walter A. DeCamp for appellant. Mr. John Weld Peck for appellees. Reported below: 34 Oh. App. 157.
No. 795. Isaacs , Trustee in Bankrupt cy , v . Hobbs Tie & Timber Co . On certificate from the Circuit Court of Appeals for the Eighth Circuit. May 19, 1930. The motion for a writ of certiorari to bring up the entire record and cause is granted. Mr. Thomas J. Reilly submitted the motion in behalf of Mr. William R. Watkins for Isaacs. No appearance for the Hobbs Tie & Timber Company.
No. 490. Slemp v. City of Tulsa et al . Appeal from the Supreme Court of Oklahoma. Argued May 5, 1930. Decided May 19, 1930. Per Curiam: Appeal dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari, as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. Richard K. Bridges, with whom Messrs. Randolph Shirk, John A. Haver, and H. W. Randolph were on the brief, for appellant. Messrs. Thomas D. Lyons, City Solicitor of Tulsa, M. C. Spradling, City Attorney, Conn Linn, Eben L. Taylor, and Felix A. Bodovitz on the brief for the City of Tulsa. Messrs. Philip Kates and Nathan A. Gibson on the brief for King et al. Reported below: 139 Okla. 76.
No. 723. South we st Power Co . v . Price , Admin is tra - trix . Appeal from the Supreme Court of Arkansas. Jurisdictional statement submitted May 5,1930. Decided May 19, 1930. Per Curiam: Appeal dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). (Certiorari denied, post, p. 753.) Messrs. James B. McDonough, J. H. Evans, and Frank M. Kemp for appellant. Messrs. W. H. Fuller, George M. Porter, and
Decisions Per Curiam, Etc. 281U.S1
Harry P. Warner for appellee. Reported below: 22 S. W. (2d) 373.
No. 729. City of Richmond et al . v . Deans . Appeal from the Circuit Court of Appeals for the Fourth Circuit. Jurisdictional Statement submitted May 5, 1930. Decided May 19, 1930. Per Curiam: Decree affirmed. Buchanan v. Warley, 245 U. S. 60; Harmon v. Tyler, 273 U. S. 668. Mr. James E. Cannon for appellants. Mr. Alfred E. Cohen for respondent. Reported below: 37 F. (2d) 712. _________
No. 492. Poe , Colle ctor of Internal Revenue , v . Seaborn . On certificate from the Circuit Court of Appeals for the Ninth Circuit. May 26, 1930. The joint motion for a writ of certiorari to bring up the entire record and cause is granted. Solicitor General Thacher for Poe. Messrs. George Donworth, Elmer E. Todd, and Frank E. Hohman for Seaborn.
No. 882. Goodell , Collector of Internal Revenue , v. Koch . On certificate from the Circuit Court of Appeals for the Ninth Circuit. May 26, 1930. The joint motion for a writ of certiorari to bring up the entire record and cause is granted. Solicitor General Thacher for Goodell. Messrs. E. E. Ellenwood and Blaine B. Shimmel for Koch.
No. 753. Sloman , indivi dually and as executrix , v . Securi ty Trust Co ., Trust ee . Appeal from the Supreme Court of Michigan. Jurisdictional statement submitted May 19, 1930. Decided May 26, 1930. Per Curiam: Appeal dismissed for the want of a substantial' federal question. Merrick v. N. W. Halsey & Co., 242 Ui S. 658; Hall v. Geiger-Jones Company, 242 U. S. 539. p. 705Mr. George E. Brand for appellant. Messrs. William L. Carpenter and Thomas G. Long for appellee. Reported below: 248 Mich. 527.
No. —, original. Ex parte Salis bury . June 2, 1930. The motion for leave to file petition for writ of mandamus is denied. Adele Salisbury, pro se.
No. 852. Gamble v . Daniel , Receiver . Appeal from the Circuit Court of Appeals for the Eighth Circuit. Jurisdictional statement submitted May 26, 1930. Decided June 2, 1930. Per Curiam: The appeal herein is dismissed for want of jurisdiction. Judicial Code, § 240(b) as amended by the Act of February 13, 1925 (43 Stat. 936, 939). The motion for an extension of time within which to file petition for writ of certiorari is denied. Messrs. Francis A. Brogan, C. A. Sorensen, and Edgar M. Morsman, Jr., for appellant. Messrs. Arthur F. Mullen and Paul L. Martin for appellee. Reported below: 39 F. (2d) 447.
No. 760. Fullerton v . Oklahoma ex rel . Commis - si oners of the Land Offi ce . Appeal from the Supreme Court of Oklahoma. Jurisdictional statement submitted May 26, 1930. Decided June 2, 1930. Per Curiam: Appeal dismissed for the want of jurisdiction. Judicial Code, § 237 (a) as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for a writ of certiorari, as required by the Judicial Code, § 237 (c) as amended (43 Stat. 936, 938), certiorari is denied. Mr. P. G. Fullerton, pro se. Mr. George E. Merritt for appellee. Reported below: 140 Okla. 122.
198234°—30-------45
Decisions Granting Certiorari. 281U. S.
No. 832. Gotham Can Co . v . Unite d States . On petition for writ of certiorari to the Court of Claims. Petition submitted May 26, 1930. Decided June 2, 1930. Per Curiam: The petition for a writ of certiorari is dismissed for the want of jurisdiction, because of failure to file the petition within the time prescribed by statute. United States v. Lippman, Spier & Hahn, 260 U. S. 739; Hooper v. United States, 274 U. S. 743; Rust Land & Lumber Co. n . Jackson, 250 U. S. 71, 76. Mr. Joseph R. Little for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. Claude R. Branch for the United States. Reported below: 37 F. (2d) 793.
No. 944. Great Lakes Broadcasti ng Co . v . Federal Radio Commi ssi on ;
No. 945. Voliva v. Same ; and
No. 946. Agricu ltural Broadcasting Co . v . Same . On petition for writs of certiorari to the Court of Appeals of the District of Columbia. June 2, 1930. Per Curiam: The petition for writs of certiorari in these cases is dismissed. Federal Radio Commission v. General Electric Company et al., ante, p. 464. Messrs. Harry Eugene Kelly, Thornton M. Pratt, and Carl H. Zeiss for petitioners. Solicitor General Thacher, Assistant to the Attorney General O’Brian, and Mr. Claude R. Branch for respondent. Reported below: 37 F. (2d) 993.
PETITIONS FOR CERTIORARI GRANTED, FROM JANUARY 28, 1930, TO AND INCLUDING JUNE 2, 1930.
No. 556. Crooks , Collector of Internal Revenue , v. Harr elson . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted, Assistant Attorney General Youngquist p. 707and Messrs. Sewall Key and John Vaughan Groner for petitioner. Messrs. Frank S. Bright and S. L. Swarts for respondent. Reported below: 35 F. (2d) 416.
No. 569. Davies Motors , Inc ., v . United States . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Messrs. Duane R. Dills and William K. Young for petitioner. Assistant Attorney General Youngquist and Messrs. Claude R. Branch and Mahlon D. Kiefer for the United States. Reported below: 35 F. (2d) 928.
No. 555. Unite d States v . Norris . March 3, 1930. The petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit is granted. Assistant Attorney General Youngquist and Messrs. John J. Byrne and Mahlon D. Kiefer for the United States. Mr. Frederic L. Ballard for respondent. Reported below: 34 F. (2d) 839. _________
No. 554. Stange v . Unite d States . March 3, 1930. The petition for a writ of certiorari to the Court of Claims in this cause is granted, with the limitation, however, that counsel shall confine themselves, in the briefs and in oral argument, to the questions involving the validity and effect of the waiver of the statute of limitations executed in this cause. Mr. W. W. Spalding for petitioner. Assistant Attorney General Youngquist and Messrs. Claude R. Branch, Morton Poe Fisher, Joseph H. Sheppard, and W. Marvin Smith for the United States. Reported below: 68 Ct. Cis. 395.
No. 579. Lucas , Commi ssione r of Internal Revenue , v. Sanf ord & Brooks Co . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the p. 708Fourth Circuit granted. Assistant Attorney General Youngquist, Helen R. Carloss, and Messrs. J. Louis Monarch, Clarence M. Charest, and Prew Savoy for petitioner. Messrs. Charles McH. Howard and Harry N. Baetjer for respondent. Reported below: 35 F. (2d) 312.
No. 581. Uravic , Admini strat rix , v . F. Jarka Co ., Inc ., et al . March 3, 1930. Petition for writ of certiorari to the Supreme Court of New York granted. Messrs. Vernon S. Jones and Paul C. Matthews for petitioner. Mr. Ernie Adamson for respondents. Reported below: 252N. Y. 530.
No. 589. Graham and Foster , copartners , v . Good - cell , Former Collector . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. John E. Hughes for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch, Sewall Key, and J. Louis Monarch for respondent. Reported below: 35 F. (2d) 586.
No. 650. Enste n et al . v . Simon Ascher & Co., Inc . March 12,* 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. 0. Ellery Edwards for petitioners. No appearance for respondent. Reported below: 38 F. (2d) 71.
No. 617. Langnes v . Green . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Messrs. Ira Bronson and H. B. Jones for petitioner. Messrs. Winter S. Martin and Samuel B. Bassett for respondent. Reported below: 35 F. (2d) 447.
No. 628. Alwa rd v . Johnson , Treas urer of Cali - fornia . March 17, 1930. Petition for writ of certiorari to the Supreme Court of California granted. Mr. Burke Corbet for petitioner. Mr. U. S. Webb, Attorney General of California, for respondent. Reported below: 281 Pac. 389.
No. 632. United States v . Bosto n Buick Co .; and No. 633. Same v . Iron Cap Copper Co . March 17, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the First Circuit granted. Assistant Attorney General Young quist, Helen R. Carloss, Messrs. Clarence M. Charest and R. E. Smith for the United States. Messrs. Robert N. Miller and Charles W. Mulcahy for Boston Buick Company. Mr. Burton E. Eames for Iron Cap Copper Company. Reported below: 35 F. (2d) 560. _________
No. 700. Unite d States v . Swif t & Co. March 17, 1930. Petition for writ of certiorari to the Court of Claims granted. Attorney General Mitchell for the United States. Mr. G. Carroll Todd for respondent. Reported below: 68 Ct. Cis. 97; 38 F. (2d) 365.
No. 664. Fullerton Lumber Co . v . Chicag o , Mil - wau kee , St . Paul & Pacific R. Co . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. Stanley S. Gillam for petitioner. Messrs. F. W. Root, A. C. Erdall, and O. W. Dynes for respondent. Reported below: 36 F. (2d) 180. _________
No. 667. American Fruit Grower s , Inc ., v . Brogdex Co. March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit
Decisions Granting Certiorari. 281U. S.
granted. Mr. R. T. M. McCready for petitioner. Messrs. Melville Church, Charles Neave, and Roy F. Steward for respondent. Reported below: 35 F. (2d) 106.
No. 717. Orenstei n & Kopp el Aktien ges ellsc haf t v. Kopp el Industrial Car & Equip ment Co . March 17, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Messrs. Dean Hill Stanley, Arthur Garfield Hays, and Wm. Cattron Rigby for petitioner. Messrs. Charles Henry Butler, John A. Kratz, and Godfrey L. Munter for respondent. Reported below: 38 F. (2d) 532.
No. 598. Internati onal Paper Co. v. Unite d States . April 14, 1930. Petition for writ of certiorari to the Court of Claims granted. Messrs. John W. Davis and Montgomery B. Angell for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, and Mr. George C. Butte for the United States. Reported below: 68 Ct. ds. 414.
No. 673. Wiscons in Electric Co . v . Dumore Co . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Messrs. George Bayard Jones, Walter F. Murray, and Greer Marechal for petitioner. No appearance for respondent. Reported below: 35 F. (2d) 555.
No. 683. Lucas , Commi ssione r of Internal Revenue , v. Willingham Loan & Trust Co . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Harvey R. Gamble, and Clarence M. Charest for petitioner. Mr. J. C. Murphy for respondent. Reported below: 36 F. (2d) 49.
No. 704. Story Parchment Co . v . Paterson Parch - ment Paper Co . et al . April 14,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. Edward 0. Proctor for petitioner. Mr. Edward F. McClennen for respondents. Reported below: 37 F. (2d) 537.
No. 623. Russ ian Volun teer Fleet v . Unite d States . April 21, 1930. Petition for writ of certiorari to the Court of Claims granted. Messrs. Charles Recht and Horace S. Whitman for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, Messrs. Claude R. Branch, and Henry A. Cox for the United States. Reported below: 68 Ct. Cis. 32.
No. 625. Fawc üs Machine Co. v. United States . April 21,1930. Petition for writ of certiorari to the Court of Claims granted. Mr. J. S. Y. Ivins for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, Messrs. Claude R. Branch, and Joseph H. Sheppard for respondent. Reported below: 68 Ct. Cis. 784.
No. 675. Saranac Automatic Machine Corp . v . Wire - bounds Patents Co . et al . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Messrs. A. C. Paul and Howard* M. Cox for petitioner. Mr. Edward G. Curtis for respondents. Reported below: 37 F. (2d) 830.
No. 695. Carbi ce Corporat ion of Amer ica v . Ameri - can Patents Developm ent Corp , et al . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Samuel E. Darby, Jr., for petitioner. Messrs. Charles Neave, George p. 712C. Dean, and Clarence D. Kerr for respondents. Reported below: 38 F. (2d) 62.
No. 715. Oxford Paper Co . v . The Nidar holm . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. John W. Lawrence for petitioner. No appearance for respondent. Reported below: 34 F. (2d) 442; 36 F. (2d) 227.
No. 719. Nauts , Collector of Internal Revenue , v . Slayton . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Sewall Key, Andrew D. Sharpe, Clarence M. Charest, and T. H. Lewis, Jr., for petitioner. Messrs. E. J. Marshall and Thomas 0. Marlar for respondent. Reported below: 36 F. (2d) 145.
No. 741. Lucas , Commis sio ner of Internal Reve - nue , v. Niag ara Falls Brewing Co . et al . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Sewall Key, Norman D. Keller, and Clarence M. Charest for petitioner. Mr. Basil Robillard for respondents. Reported below: 38 F. (2d) 217.
No. 768. Interstate Comm erce Comm iss ion v . Northern Pacif ic R. Co . et al . May 5, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Messrs. Daniel W. Knowlton and Nelson Thomas for petitioner. *Messrs. R. J. p. 713Hagman, D. F. Lyons, W. W. Millan, R. E. L. Smith, and F. G. Dorety* for respondents. Reported below: 39 F. (2d) 508.
No. 772. Mill er Brothers Co. v. Lektophone Corp . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Mr. Samuel E. Darby, Jr., for petitioner. Messrs. William H. Davis and R. Morton Adams for respondent.
No. 800. United State s v . La Franca . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. John J. Byrne and Paul D. Miller for the United States. Mr. E. Howard McCaleb for respondent. Reported below: 37 F. (2d) 269.
No. 777. Aiken , Admi nis trat rix , v . Lucas , Comm is - sioner of Internal Reve nue . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit in this case is granted, limited to the questions concerning the validity and effect of the waivers. Mr. L. Karlton Mosteller for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch and J. Louis Monarch for respondent. Reported below: 35 F. (2d) 620.
No. 761. Magee v . United States . May 19, 1930. The petition for a writ of certiorari in this case is granted, limited to the question of the effect and validity of § 611, Revenue Act, 1928. Mr. Theodore B. Benson for petitioner. Solicitor General Thacher, Assistant Attorney
Decisions Granting Certiorari. 281U. S.
General Rugg, Messrs. Claude R. Branch and Lisle A. Smith for the United States. Reported below: 37 F. (2d) 763. _________
No. 809. Smith , Admini st ratrix , v . Magic City Ken - nel Club , Inc . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted. Mr. E. Howard McCaleb for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 170. _________
No. 810. Mott v . United States . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted. Mr. Charles B. Rogers for petitioner. Solicitor General Thacher, Assistant Attorney General Richardson, Messrs. Claude R. Branch, Nat M. Lacy, and W. Marvin Smith for the United States. Reported below: 37 F. (2d) 860.
No. 812. Unite d State s v . Michel ; and
No. 813. Same v . Krie ger . May 19, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Attorney General Mitchell, Assistant Attorney General Youngquist and Messrs. J. Louis Monarch and Barham R. Gary for the United States. Mr. Donald Horne for respondents. Reported below: 37 F. (2d) 38.
No. 815. Choteau v . Lucas , Commi ssione r of Inter - nal Revenue . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted. Messrs. James H. Maxey, T. J. Leahy, and C. S. MacDonald for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, and Morton Poe Fisher for respondent. Reported below: 38 F. (2d) 976.
281 U. S. Decisions Granting Certiorari.
No. 821. Hopkins , Colle ctor , v . Bacon . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals’for the Fifth Circuit granted. Solicitor General Thacher for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 651.
No. 823. Bende r , Colle ctor , v . Pfaff . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Solicitor General Thacher for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 649.
No. 792. Adam v . New York Trust Co., Truste e . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Mr. Michael Adam, pro se. No appearance for respondent. Reported below: 37 F. (2d) 826.
No. 754. Director of the Lands of the Philipp ine Islands v . Villa -Abrille et al . May 26, 1930. Petition for writ of certiorari to the Supreme Court of the Philippine Islands granted. Messrs. William Cattron Rigby, A. R. Stallings, and Edward A. Kreger for petitioner. No appearance for respondents.
No. 822. Unit ed States v . Munson S. S. Line . May 26, 1930. Petition for writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit granted. Attorney General Mitchell, Assistant to the Attorney General O’ Brian and Messrs. Claude R. Branch and Charles H. Weston for the United States. Messrs. Frank Lyon, Irving L.'Evans, and W. Calvin Chesnut for respondent. Reported below: 37 F. (2d) 681.
No. 844. O’Connell v . Unite d States . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Messrs. Wilton J. Lambert, David V. Cahill, and Neile F. Towner for petitioner. Solicitor General Thacher, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for the United States. Reported below: 40 F. (2d) 201.
No. 847. Philip pide s v . Day , Commi ss ioner of Im - migr atio n . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Thomas A. Kane for petitioner. Solicitor General Thacher, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for respondent. Reported below: 37 F. (2d) 1015.
No. 857. Distri ct of Columbia v . Colts . May 26, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Messrs. William W. Bride, Robert E. Lynch, and Robert P. Reeder for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 535.
No. 746. Daily Pantagrap h , Inc ., v . Unite d States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted, limited to the question of the reduction of invested capital by reason of dividends paid, being the third question presented in the petition for the writ. Mr. Arnold L. Guesmer for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Messrs. Claude R. Branch and Joseph H. Sheppard for the United States. Reported below: 37 F. (2d) 783.
No. 880. Oak Worsted Mills v . United States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted, limited to the question of the validity and effect of § 611 of the Revenue Act of 1928. Messrs. Theodore B. Benson and William Meyerhoff for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. Claude R. Branch for the United States. Reported below: 38 F. (2d) 699; 36 F. (2d) 529.
No. 881. Taft Woolen Co . v . Unite d States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted, limited to the question of the validity and effect of § 611 of the Revenue Act of 1928. Messrs. Theodore B. Benson and William Meyerhoff for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. Claude R. Branch for the United States. Reported below: 38 F. (2d) 704.
No. 887. Lucas , Commis si oner , v . National Indus - trial Alcohol Co ., Inc . June 2, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Sewall Key, John G. Remey, Clarence M. Charest, and Robert L. Williams for petitioner. Mr. R. M. O'Hara for respondent. Reported below: 38 F. (2d) 718.
No. 892. Potts town Iron Co . v . United States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted. Messrs. Paul F. Myers and John R. Yates for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, Messrs. Claude R. Branch, Charles R. Pollard, and Bradley B. Gilman for the United States. Reported below: 69 Ct. Cis. 427.
No. 895. W. P. Brown & Sons Lumber Co . v . Com - mis si oner of Internal Revenue . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted, limited to the question of the validity and effect of the waivers. Mr. W. W. Spalding for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, J. Louis Monarch, and John G. Remey for respondent. Reported below: 38 F. (2d) 425.
No. 907. Franc -Strohmen ger -Cowan , Inc ., v . Pay - ette Neckw ear Co . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Messrs. Clifford E. Dunn, Holland S. Duell, Frederick P. Fish, and Charles Neave for petitioner. Mr. W. B. Kerkam for respondent. Reported below: 39 F. (2d) 899.
No. 817. Alabama v . United States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted. Messrs. Charlie C. McCall, Thomas E. Knight, Jr., and A. A. Evans for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg and Messrs. Claude R. Branch and William J. Hughes for the United States. Reported below: 38 F. (2d) 897.
No. 851. New York Life Insurance Co . v . Bower s , Collect or ; and
No. 949. Bowers , Collector , v . New York Life In - surance Co. June 2, 1930. Petitions for writs of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. James H. McIntosh for the New p. 719281 U. 8. Decisions Granting Certiorari.
York Life Insurance Company. Solicitor General Thacher and Mr. Claude R. Branch for Bowers. Reported below: 39 F. (2d) 556.
No. 890. Go -Bart Import ing Co . et al . v . United States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Charles Dickerman Williams for petitioners. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Mahlon D. Kiefer, and W. Marvin Smith for the United States. Reported below: 40 F. (2d) 593.
No. 896. Unit ed State s v . Felt & Tarrant Mfg . Co . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted. Solicitor General Thacher for the United States. Messrs. Thomas G. Haight, Robert H. Montgomery, and J. Marvin Haynes for respondent. Reported below: 37 F. (2d) 977.
No. 905. First National Bank of Chicago v . United States . June 2, 1930. Petition for writ of certiorari to the Court of Claims granted. Mr. Harold V. Amberg for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, Messrs. Claude R. Branch, George H. Foster, and Paul D. Miller for the United States. Reported below: 38 F. (2d) 925.
PETITIONS FOR CERTIORARI DENIED, FROM
JANUARY 28, 1930, TO AND INCLUDING JUNE 2, 1930.*
No. 597. Vincent v . United States . February 24, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia, and motion for leave to proceed in forma pauperis, denied. Mr. James Conlon for petitioner. Messrs. Claude R. Branch, J. Frank Staley, W. Marvin Smith, and W. Clifton Stone for the United States. Reported below: 37 F. (2d) 824.
No. 600. Morris on v . The Warden of the U. S. Penit enti ary , Atla nta , Georgia . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit, and motion for leave to proceed in forma pauperis, denied. Mr. James Morrison, prose. No appearance for respondent. Reported below: 35 F. (2d) 1019.
No. 501. Drop ps v. United States . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr: Charles E. Dropps, pro se. Assistant Attorney General Youngquist and Mr. Claude R. Branch for the United States. Reported below: 34 F. (2d) 15.
*
Certiorari was also denied in connection with other action in the following cases reported elsewhere in this volume: Home Insurance Co. v. Dick, p. 397; Ex parte Murray, p. 689; Grant v. Glynn Canning Co., p. 690; Johnson v. State Highway Commission of South Carolina, p. 691; Crawford v. Superior Court of California, p. 692; Turner v. Winters, p. 692; Slemp n . Tulsa, p. 703; Fullerton v. Oklahoma ex rel. Commissioners of the Land Office of Oklahoma, p. 705; Gotham Can Co. v. United States, p. 706; Great Lakes Broadcasting Co. N. Federal Radio Commission, Voliva v. Same, and Agricultural Broadcasting Co. n . Same, p. 706.
No. 539. Gaglio ne v . Unite d States . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Messrs. William H. Lewis and Matthew L. McGrath for petitioner. Assistant Attorney General Luhring and Messrs. Claude R. Branch and Harry S. Ridgely for the United States. Reported below: 35 F. (2d) 496.
No. 541. Balti more & Ohio R. Co . v . Contrella et al . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. William H. Eckert and Allen T. C. Gordon for petitioner. Mr. H. Fred Mercer for respondents. Reported below: 35 F. (2d) 113.
No. 542. Baltimore & Ohio R. Co. v. Perucc a et al . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. William H. Eckert and Allen T. C. Gordon for petitioner. Mr. H. Fred Mercer for respondents. Reported below: 35 F. (2d) 113.
No. 549. Motlow et al . v . Unite d Stat es . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. Charles A. Houts and P. H. Cullen for petitioners. Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and W. Marvin Smith for the United States. Reported below: 35 F. (2d) 90.
No. 550. Bevington v . United States . February 24, 1930. Petition for writ of certiorari to the Circuit Court
•98234°—30——46
of Appeals for the Eighth Circuit denied. Mr. Thomas F. Bevington for petitioner. Assistant Attorney General Youngquist and Mr. Claude R. Branch for the United States. Reported below: 35 F. (2d) 584.
No. 552. Chicag o , North Shore & Milw aukee R. Co. v. Ellis . February 24, 1930. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. Messrs. Edgar L. Wood and A. L. Gardner for petitioner. No appearance for respondent. Reported below: 227 N. W. 235.
No. 553. Fairfax Drainage Dis trict of Wyand otte County , Kans as , v . Kansas City . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. T. M. Lillard for petitioner. Messrs. John T. Barker, J. C. Petherbridge, and Fred Robertson for respondent. Reported below: 34 F. (2d) 357.
No. 559. City of Newar k v . Mills et al . February 24, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Thomas G. Haight for petitioner. Mr. Horace L. Cheyney for respondents. Reported below: 35 F. (2d) 110.
No. 689. Snook v . Ohio . February 25, 1930. Petition for writ of certiorari to the Supreme Court of Ohio denied. Messrs. Arthur M. Spiegel and Ernest O. Ricketts for petitioner. No appearance for respondent. Reported below: 34 Oh. App. 60.
No. 551. Carnahan v . United States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Frank P. Walsh for petitioner. Assistant Attorney General Youngquist and Messrs. Claude R. Branch and John J. Byrne for the United States. Reported below: 35 F. (2d) 96.
No. 558. Stockton v . Mass ey . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. J. Raymond Gordon for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and Paul D. Miller for respondent. Reported below: 34 F. (2d) 96.
No. 560. Sugarman et al . v . Unite d States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Messrs. Otto Christensen and Samuel A. King for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and Paul D. Miller for the United States. Reported below: 35 F. (2d) 663.
No. 561. Goudchaux v . Joy , Receive r . March 3,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Claude W. Dudley for petitioner. No appearance for respondent. Reported below: 35 F. (2d) 649.
No. 562. Picc olella v. Commis sio ner of Immi gra - tion , Ellis Island . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the p. 724Second Circuit denied. Messrs. Charles Dickerman- Williams and Carol Weiss King for petitioner. Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for respondent. Reported below: 36 F. (2d) 1022.
No. 565. Hooper v . Goldste in . March 3, 1930. Petition for writ of certiorari to the Supreme Court of Illinois denied. Mr. James H. Hooper, pro se. Mr. Sherman C. Spitzer for respondent. Reported below: 168 N. E. 1.
No. 566. Delaw are , Lackawanna & Western R. Co . v. Reardon , Adminis tratrix . March 3, 1930. Petition for writ of certiorari to the Court of Errors and Appeals of New Jersey denied. Messrs. Frederic B. Scott and Walter J. Larrabee for petitioner. Mr. Clement K. Corbin for respondent. Reported below: 147 Atl. 544.
No. 567. Conti nenta l National Bank v . Hollànd Banking Co . March 3, 1930. Petition for writ of certiorari to the Supreme Court of Missouri denied. Messrs. George L. Edwards and Edward J. White for petitioner. Mr. Roscoe C. Patterson for respondent. Reported below: 22 S. W. (2d) 821.
No. 568. Rece ive rs of Gulf States Oil & Refi ning Corp . v . Island Oil & Trans port Corp , et al . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Leavitt J. Hunt for petitioners. Messrs. Francis L. Kohlman, Carl J. Rustrian, Saul J. Lance, Charles A. Boston, and William M. Chadbourne for respondents. Reported below; 34 F. (2d) 649,
No. 571. Royal Indemnity Co . et al . v . Andrew , Supe rinten dent of Banking of Iowa , as Receiver . March 3, 1930. Petition for writ of certiorari to the Supreme Court of Iowa denied. Mr. Casper Schenk for petitioners. No appearance for respondent. Reported below: 224 N. W. 499.
No. 572. Ameri can Surety Co . v . Mulle ndore , Re - ceiv er . March 3, 1930. Petition for writ of certiorari to the Supreme Court of Montana denied. Mr. Sterling M. Wood for petitioner. Messrs. Charles H. Loud and William B. Leavitt for respondent. Reported below: 281 Pac. 341.
No. 575. Moffe tt et al . v . United States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Messrs. Isaac Lobe Strauss and Edgar Allan Poe for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and Mahlon D. Kiefer for the United States. Reported below: 36 F. (2d) 357.
No. 576. Caldwell v . United States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Mark Goode for petitioner. Attorney General Mitchell, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for the United States. Reported below: 36 F. (2d) 742.
No. 577. Caldwel l v . Unite d States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Mark Goode p. 726for petitioner. Attorney General Mitchell, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry 8. Ridgely, and W. Marvin Smith for the United States. Reported below: 36 F. (2d) 738.
No. 578. Uihle in v. City of St . Paul et al . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Edward S. Stringer for petitioner. Messrs. Eugene M. O’Neill and Lewis L. Anderson for respondents. Reported below: 32 F. (2d) 748.
No. 580. Phoenix Building & Homest ead Ass n . v . E. A. Carrere ’s Sons . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Royal E. Bumham for petitioner. No appearance for respondents. Reported below: 33 F. (2d) 563. ________
No. 582. Cinci nnati , New Orle ans & Texas Pacific Ry . Co . v . Mc Gill , Adminis tratrix . March 3, 1930. Petition for writ of certiorari to the Court of Appeals of Tennessee denied. Messrs. John Weld Peck and Horace M. Carr for petitioner. Mr. W. T. Kennerly for re-
spondent. _________
No. 585. Aldine Realty Co . v . Manor Real Esta te & Trus t Co . March 3, 1930. Petition for writ of certiorari to the Supreme Court of Pennsylvania denied. Mr. Joseph Stadtfeld for petitioner. Messrs. William S. Dalzell and Frederic D. McKenney for respondent. Reported below: 148 Atl. 56.
No. 587. Haff a v . United States . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. John D. Boddie for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and Paul D. Miller for the United States. Reported below: 36 F. (2d) 1.
No. 588. Alabama Chem ical Co. v. Internat ional Agricultural Corp . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. S. H. Dent and Fred 8. Ball for petitioner. Messrs. B. P. Crum, John D. Little, and Marion Smith for respondent. Reported below: 35 F. (2d) 907.
No. 707. Rishel v . County of Mc Pherson , Kansa s , et al . March 3, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Minnie Rishel, pro se. No appearance for respondents. Reported below: 34 F. (2d) 250.
No. 592. Atlanti c Coast Line R. Co. v. Flori da ex rel . Davis , Attorn ey Genera l , et al . March 12, 1930. Petition for writ of certiorari to the Supreme Court of Florida denied. Messrs. F. B. Grier, W. E. Kay, and Thomas B. Adams for petitioner. Messrs. Fred H. Davis and Theodore T. Turnbull for respondents. Reported below: 116 So. 48; 122 So. 256; 124 So. 429.
No. 593. Henders on Count y , Kentucky , v . State Bank of New York et al .; and
No. 594. Same v . Same . March 12, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. James W. Henson and John C. Worsham for petitioner. Mr. Edmund F. Trabue for respondents. Reported below: 35 F. (2d) 859.
No. 595. Henderson Count y , Kentucky , v . State Bank of New York et al .; and
No. 596. Same v . Same . March 12,1930. Petition for writs of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied. Messrs. James W. Henson and John C. Worsham for petitioner. Mr. Edmund F. Trabue for respondents. Reported below: 35 F. (2d) 859.
No. 599. Miss ouri Pacif ic R. Co . v . Bushey , Admin - is tratri x . March 12, 1930. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Messrs. Thomas B. Pryor and Edward J. White for petitioner. Mr. Frank Pace for respondent. Reported below: 20 S. W. (2d) 614.
No. 60'1. Cheney Brothers v . Doris Silk Corp . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. John W. Davis for petitioner. Mr. Jesse S. Epstein for respondent. Reported below: 35 F. (2d) 279.
No. 602. Gaston et al ., Rece iver s , v . Rutland R. Co . March 12,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. J. W. Redmond and Horace H. Powers for petitioners. Mr. Edwin W. Lawrence for respondent. Reported below: 35 F. (2d) 685.
No. 603. Miller et al . v . Take et al . March 12, 1930. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. Mr. A. J. Biddison for petitioners. No appearance for respondents. Reported below: 281 Pac. 576.
No. 606. Chicag o , Milwa ukee , St . Paul & Paci fi c R. Co. v. Garedp y . March 12, 1930. Petition for writ of certiorari to the Supreme Court of Minnesota denied. Messrs. F. W. Root, A. C. Erdall, and 0. W. Dynes for petitioner. Mr. Frederick M. Miner for respondent. Reported below: 176 Minn. 331; 226 N. W. 943.
No. 608. Bingha m v . Commi ssione r of Internal Reve nue . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Robert N. Miller and J. Robert Sherrod for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Morton Poe Fisher, and Clarence M. Charest for respondent. Reported below: 35 F. (2d) 503.
No. 609. Federma n v . Unite d States . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Messrs. Joseph G. M. Browne and Solon J. Carter for petitioner. Attorney General Mitchell, Assistant Attorney General Duhring, Messrs. Claude R. Branch, Harry S. Ridgely, and Paul D. Miller for the United States. Reported below: 36 F. (2d) 441.
No. 612. City of New York v . Federal Radio Com - mis sio n . March 12, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. p. 730Messrs. Arthur J. W. Hilly and Joseph A. Devery for petitioner. Attorney General Mitchell, Assistant to the Attorney General O’Brian, Messrs. Claude R. Branch, Charles H. Weston, W. Marvin Smith, and Thad H. Brown for respondent. Reported below: 36 F. (2d) 115.
No. 613. Rice et al . v . Unite d Stat es . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. James A. Reed, Louis Titus, and John Wattawa for petitioners. Attorney General Mitchell, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and Paul D. Miller for the United States. Reported below: 35 F. (2d) 689.
No. 616. Leide sdo rf , Trust ee in Bankruptc y , v . Union Indemnit y Co . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Bernard Hershkopj for petitioner. Mr. Robert H. Elder for respondent. Reported below: 37 F. (2d) 26.
No. 619. Mc Cord Radiator & Mfg . Co . v . Horvath . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. James M. Beck, Charles E. Lewis, and Sherwin A. Hill for petitioner. Messrs. Merlin Wiley, 0. L. Smith, and Robert Grosser for respondent. Reported below: 35 F. (2d) 640.
No. 638. Auglaize Box Board Co . v . Kansas City Fibre Box Co . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Mr. Wellmore B. Turner for petitioner. p. 731Mr. Murray Seasongood f or respondent. Reported below: 35 F. (2d) 822.
No. 604. Rex Co . et al . v . Wenatchee Rex Spray Co . et al . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Messrs. Francis C. Downey and Fred L. Chappell for petitioners. Messrs. John H. Miller, A. W. Boyken, and Alfred Gjeller for respondents. Reported below: 35 F. (2d) 467.
No. 614. Hatch et al . v . United States ; and
No. 615. Same . v . Same . March 12, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. H. M. Brackney for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, and Barham R. Gary for the United States. Reported below: 34 F. (2d) 436.
No. 620. United State s ex rel . Shults Bread Co . v . Board of Tax Appeals . March 12, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. William C. Sullivan and Leon F. Cooper for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Morton K. Rothschild, Clarence M. Charest, and Charles T. Hendler for respondent. Reported below: 37 F. (2d) 442.
No. 621. Becker v . United States . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. Max V. Schoonmaker and Joseph A. Rossi for petitioner. p. 732Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Mahlon D. Kiefer, and W. Marvin Smith for the United States. Reported below: 36 F. (2d) 472.
No. 624. Barnes et al . v . City of Springf iel d . March 12, 1930. Petition for writ of certiorari to the Superior Court in and for the County of Hampden, Massachusetts, denied. Mr. Louis C. Henin for petitioners. Mr. John P. Kirby for respondent. Reported below: 168 N. E. 78.
No. 626. M. Samue l & Sons , Inc ., v . Second National Bank of Toledo . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Morris D. Kopple for petitioner. Mr. Robert C. Morris for respondent. Reported below: 35 F. (2d) 1021.
No. 629. Wilcox v . New York Central R. Co . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Mr. G. A. Boone for petitioner. No appearance for respondent.
No. 635. Church v . Harnit et al . March 12/1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. W. T. Kinder and John B. McMahon for petitioner. Mr. Lloyd T. Williams for respondents. Reported below: 35 F. (2d) 499.
No. 644. Merard Holdi ng Co ., Inc . v . Fitz geral d . March 12, 1930. Petition for writ of certiorari to the Supreme Court of Errors and Appeals of Connecticut, denied. Mr. William Harvey Smith for petitioner. p. 733Messrs. Homer Cummings, Walter N. Maguire, and Charles D. Lockwood for respondent. Reported below: 110 Conn. 130.
No. 654. Padg ett v . Distr ict of Columbia ;
No. 655. Hilt on v . Same ;
No. 656. Ely v . Same ;
No. 657. Steinb erg v . Same ;
No. 658. Newma n v . Same ;
No. 659. Johnson v . Same ; and
No. 660. Herron v . Same . March 12, 1930. Petition for writs of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. Paul E. Lesh, Stanton C. Peelle, C. F. R. Ogilby, Dale D. Drain, and Jerome F. Barnard for petitioners. Messrs. William W. Bride and F. H. Stephens for respondent. Reported below: 37 F. (2d) 444, 448.
No. 692. Hinkley et al ., Trust ees , v . Art Student s League of New York . March 12, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Frederick J. Singley for petitioners. Mr. Charles McH. Howard for respondent. Reported below: 37 F. (2d) 225.
No. 610. St . Louis Southwestern Ry . Co. v. Teague . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. J. Q. Mahaffey, J. R. Turney, and John J. King for petitioner. Mr. Wright Patman for respondent. Reported below: 36 F. (2d) 217.
No. 618. Butler Hotel Co ., Inc . et al . v . Unite d States . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit p. 734denied. Messrs. Arthur E. Griffin and Samuel B. Bassett for petitioners. Attorney General Mitchell, Assistant Attorney General Young quist, Messrs. Claude R. Branch, John J. Byrne, and Paul D. Miller for the United States. Reported below: 35 F. (2d) 76.
No. 622. Pears on , Recei ver , v . Farme rs National Bank of Monti cel lo et al . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. George S. Jones and A. 0. Bacon Sparks for petitioner. Mr. Orville A. Park for respondents. Reported below: 36 F. (2d) 732.
No. 634. Tyroler et al . v . Routzahn , Colle ctor of Internal Revenue . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Leon F. Cooper and M. S. Farmer for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, John Vaughan Groner, and W. Marvin Smith for respondent. Reported below: 36 F. (2d) 208.
No. 639. Board of County Commi ssioner s of the County of Weld v . Union Pacific R. Co .; and No. 640. Board of County Commi ssioner s of the
County of Prowe rs v . Atchis on , Topeka & Santa Fe Ry . Co . March 17, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. William B. Kelly and Charles Roach for petitioners. Messrs. Clayton C. Dorsey, Nelson H. Loomis, Gerald Hughes, W. W. Grant, Jr., Morrison Shafroth, and E. E. McInnis for respondents. Reported below: 35 F. (2d) 785.
No. 641. Austi n Co . v . Lucas , Commi ssione r of In - ternal Revenue . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. W. B. Stewart and C. M. Horn for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, J. Louis. Monarch, and W. Marvin Smith for respondent. Reported below: 35 F. (2d) 910.
No. 645. St . Louis -San Francis co Ry . Co . et al . v . Arkansas . March 17, 1930. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Messrs. Thomas B. Pryor, Edward T. Miller, Edward L. Westbrooke, and Edward J. White for petitioners. Messrs. Hal L. Norwood, Frank Pace, and Tom W. Campbell for respondent. Reported below: 20 S. W. (2d) 878.
No. 646. Meyers v . United States ;
No. 647. Same v . Same ;
No. 648. Same v . Same ; and
No. 649. Swif t v . Same . March 17, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Arthur F. Schmidt for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and John J. Byrne for the United S.tates. Reported below: 36 F. (2d) 859.
No. 651. Kant -Skore Pist on Co . v . Sinclair Mfg . Corp . March 17, 1930. Petition for writ, of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. William L. Symons, Leonard Garver, Jr., and David Lorbach for petitioner. No appearance for respondent. Reported below: 32 F. (2d) 882.
No. 653. Scott v . Corn . March 17, 1930. Petition for writ of certiorari to the Court of Civil Appeals, Second Supreme Judicial District, of Texas, denied. Mr. SamR. Sayers for petitioner. No appearance for respondent. Reported below: 19 S. W. (2d) 412.
No. 661. United Stat es ex rel . Dere ncz v . Marti n , Warden ; and
No. 662. Derencz v . Unite d States . March 17, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. R. Palmer Ingram for Derencz. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and Mahlon D. Kiefer for the United States and Martin. Reported below: 36 F. (2d) 944.
No. 666. Board of County Commis sioners , County of Garvin , Oklahoma , et al . v . Denni s , et al . March 17, 1930. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. Mr. Cicero I. Murray for petitioners. No appearance for respondents. Reported below: 282 Pac. 457.
No. 668. Spenc er v . Chica go & North Western Ry . Co. March 17, 1930. Petition for writ of certiorari to the Supreme Court of Illinois denied. Mr. Richard J. Finn for petitioner. Messrs. Ray N. Van Doren and Samuel H. Cady for respondent. Reported below: 236 Ill. 560.
No. 676. American Can Co . v . Bower s , Colle ctor of Internal Revenue ;
No. 677. Miss ouri Can Co . v . Same ;
No. 678. Amer ican Can Co . v . Same ; and
No. 679. Same v . Same . March 17,1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Graham Sumner for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, and J. Louis Monarch for respondent. Reported below: 35 F. (2d) 832.
No. 687. Maytag Co . v . Meado ws Mfg . Co . March 17, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Messrs. Wallace R. Lane, Edward S. Rogers and William J. Hughes for petitioner. Mr. Hal M. Stone for respondent. Reported below: 35 F. (2d) 403.
No. 591. Greenfi eld Tap & Die Corp . v . United States . April 14, 1930. Petition for writ of certiorari to the Court of Claims denied. Motion to remand denied. Mr. A. Henry Walter for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, Messrs. Claude R. Branch, Percy M. Cox, and Paul D. Miller for the United States. Reported below: 68 Ct. Cis. 61.
No. 671. Armstrong et al . v . City National Bank of Galves ton , Texas . April 14, 1930. Petition for writ of certiorari to the Court of Civil Appeals, 1st Supreme Judicial District, of Texas, denied. Messrs. George W. Armstrong and John H. Kirby, pro se. No appearance for respondent. Reported below: 16 S. W. (2d) 954.
No. 672. Seaboar d Air Line R. Co . v . Atlanta , Bir - mingh am & Coast R. Co . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the
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Decisions Denying Certiorari. 281 IT. S.
Fifth Circuit denied. Messrs. W. R. C. Cocke, James F. Wright and Robert S. Parker for petitioner. Mr. John A. Hynds for respondent. Reported below: 35 F. (2d) 609.
No. 682. Degener et al . v . Boyd , Truste e . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Otto C. Wierum for petitioners. Mr. David W. Kahn for respondent. Reported below: 37 F. (2d) 1.
No. 685. Early & Danie l Co. v. Pears on , Recei ver . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. A. 0. B. Sparks and R. F. Brock for petitioner. Mr. George S. Jones for respondent. Reported below: 36 F. (2d) 732.
No. 688. Meinra th Brokera ge Co. v. Commis sioner of Internal Revenue . April 14, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Chester A. Gwinn for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, and Barham R. Gary for respondent. Reported below: 35 F. (2d) 614.
No. 630. Brace v . Gauger -Korsm o Constr uctio n Co . et al .; and
No. 631. Fidelity Bond & Mort gag e Co . et al . v . Same . April 14, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. James Love Hopkins for petitioners. Messrs. Will G. Akers and A. Longstreet Heiskell for respondents. Reported below: 36 F. (2d) 661.
No. 770. Mc Grew v . Mc Grew et al .; and
No. 771. Same v . Same . April 21, 1930. Petitions for writs of certiorari to the Court of Appeals of the District of Columbia, and motion for leave to proceed in forma pauperis, denied. Olive B. Lacy for petitioner. No appearance for respondents. Reported below: 38 F. (2d) 541.
No. 799. Middlet on v . Calif ornia . April 21, 1930. Petition for writ of certiorari to the District Court of Appeal, 3rd Appellate District, of California, and motion for leave to proceed in forma pauperis, denied. Mr. William W. Middleton, pro se. No appearance for respondent. Reported below: 283 Pac. 976.
No. 611. Utica Knitting Co . v . United States . April 21,1930. Petition for writ of certiorari to the Court of Claims denied. Messrs. Harry A. Fellows and Henry M. Ward for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, and Messrs. Claude R. Branch and Charles R. Pollard for the United States. Reported below: 68 Ct. Cis. 77.
No. 636. Du Puy v . United States ; and
No. 637. Same v . Same . April 21, 1930. Petition for writs of certiorari to the Court of Claims denied. Messrs. H. B. McCawley and Lamar Hardy for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, Messrs. Claude R. Branch, Charles R. Pollard, and W. Marvin Smith for the United States. Reported below: 35 F. (2d) 990.
No. 665. Warren , Execut rix , v . Unite d States . April 21, 1930. Petition for writ of certiorari to the Court p. 740of Claims, denied. Mr. J. Gilbert Hardgrave for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, Messrs. Claude R. Branch, Heber H. Rice, and Paul D. Miller for the United States. Reported below: 68 Ct. Cis. 634.
No. 684. Rich v . Nu -Enamel Pain t Co . et al . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit, denied. Messrs. Ray Van Cott and George Sergeant for petitioner. Mr. John Davis for respondents. Reported below: 35 F. (2d) 1020.
No. 686. Kasis ka v . Mc Dougall , Truste e in Bank - ruptcy . April 21, 1930. Petition for writ of certiorari to the Supreme Court of Idaho denied. Mr. T. C. Coffin for petitioner. Mr. W. G. Bissell for respondent. Reported below: 282 Pac. 943.
No. 690. Chicago & East ern Illinois Ry . Co . v . Mc - Coy . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. H. B. Aikman for petitioner. Mr. Arthur H. Greenwood for respondent. Reported below: 36 F. (2d) 227.
No. 691. Cully v . Mitchell et al . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. Chester I. Long, J. D. Houston, Peter Q. Nyce, Austin M. Cowan, and Thomas H. Owen for petitioner. Messrs. Thomas J. Flannelly, Nathan A. Gibson, Joseph L. Hull, Hunter L. Johnson, and C. A. Summers for respondents. Reported below: 37 F. (2d) 493.
No. 693. P. W. Brooks & Co., Inc . v . North Carolina Public Servi ce Co . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Messrs. Chester Rohrlich and Frank P. Hobgood for petitioner. Mr. W. S. O’B. Robinson, Jr., for respondent. Reported below: 37 F. (2d) 220.
No. 698. Claude Neon Light s , Inc . v . E. Machl ett & Son et al . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Edwin J. Prindle, Thomas Ewing, and William Bohleber for petitioner. Messrs. Dean 8. Edmonds and William H. Davis for respondents. Reported below: 36 F. (2d) 574.
No. 699. New Haven Bank , Execut or , v . Lucas , Com - miss ioner of Internal Revenue . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Adrian C. Humphreys and Newton K. Fox for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John Vaughan Groner, Paul D. Miller, Clarence M. Charest, and P. 8. Crewe for respondent. Reported below: 36 F. (2d) 724.
No. 701. Danciger v . Smith , Bankrupt . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs I. J. Ringolsky and J. M. McCormick for petitioner. No appearance for respondent. Reported below: 36 F. (2d) 345.
No. 702. Pabst v . Lucas , Commi ssione r of Internal Revenue . April 21, 1930. Petition for writ of p. 742certiorari to the Court of Appeals of the District of Columbia denied. Messrs. Harry A. Fellows and Camden R. McAtee for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Andrew D. Sharpe, and Paul D. Miller for respondent. Reported below: 36 F. (2d) 614.
No. 703. Corning Glass Works v . Lucas , Commis - sioner of Internal Revenue . April 21, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr. Lawrence Graves for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Morton P. Fisher, Paul D. Miller, and Clarence M. Charest for respondent. Reported below: 37 F. (2d) 798.
No. 705. Belt Railwa y Co. of Chicago v . Lucas , Commis sio ner of Internal Revenue . April 21, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. R. Kemp Slaughter and Hugh C. Bickford for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Barham R. Gary, and W. Marvin Smith for respondent. Reported below: 36 F. (2d) 541.
No. 706. Concordia Land & Timb er Co . v . Willetts Wood Products Co . et al . April 21, 1930. Petition for writ of certiorari to the Supreme Court of Louisiana denied. Mr. G. P. Bullis for petitioner. Messrs. J. C. Theus and J. W. House for respondents, Reported below: 124 So. 841.
No. 708. Cohen v . Unite d States . April 21, 1930. Petition for writ of certiorari to the Circuit Court of p. 743Appeals for the Third Circuit denied. Mr. William A. Gray for petitioner. Attorney General Mitchell, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for the United States. Reported below: 36 F. (2d) 461.
No. 709. Crown Central Petr ole um Corp . v . Bates . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Edward S. Boyles for petitioner. No appearance for respondent. Reported below: 37 F. (2d) 508.
No. 710. Cleve land Ry . Co . v . Lucas , Commiss ioner of Internal Reve nue . April 21,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Andrew Squire and Atlee Pomerene for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Morton P. Fisher, and Clarence M. Charest for respondent. Reported below: 36 F. (2d) 347.
No. 711. Onley v . Lehigh Valley R. Co . April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Sol Gelb for petitioner. Mr. Clifton P. Williamson for respondent. Reported below: 36 F. (2d) 705.
No. 712. Wood Towing Corp . v . Southern Trans - porta tion Co. April 21, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. John W. Oast, Jr., for petitioner. p. 744Messrs. Henry H. Little, Francis S. Laws, Edward R. Baird, Jr., and George M. Lanning for respondent. Reported below: 38 F. (2d) 980.
No. 713. Fish et al . v . Kennamer , Judge . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. Charles West and J. M. Springer for petitioners. Messrs. James C. Denton, John Rogers, Joseph L. Hull, and Nathan A. Gibson for respondent. Reported below: 37 F. (2d) 243.
No. 714. Security Life Insurance Co. v. Brimm er , Executr ix . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. James C. Jones, Jr., for petitioner. No appearance for respondent. Reported below: 36 F. (2d) 176.
No. 716. Clyde Steamshi p Co . v . United States . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Roscoe H. Hupper and William J. Dean for petitioner. Attorney General Mitchell, Assistant to the Attorney General O’Brian, Messrs. Claude R. Branch, Charles H. Weston, and Paul D. Miller for the United States. Reported below: 36 F. (2d) 691.
No. 718. United State s Smelting , Refini ng & Mini ng Co . v . Evans . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. John Jensen and G. A. Marr for petitioner. No appearance for respondent. Reported below: 35 F. (2d) 459.
No. 720. Kercheval v . United State s . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Herbert C. Wade and & J. Callaway for petitioner. Attorney General Mitchell, Assistant Attorney General Luhring, and Messrs. Claude R. Branch and Harry S. Ridgely for the United States. Reported below: 36 F. (2d) 766.
No. 721. Knudse n v . Washi ngton . April 28, 1930. Petition for writ of certiorari to the Supreme Court of Washington denied. Messrs. John J. Sullivan and Roger O'Donnell for petitioner. Mr. Ewing Dean Colvin for respondent. Reported below: 280 Pac. 922.
No. 722. Swi ft v . Jackson et al . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. Chester I. Long, Peter Q. Nyce, J. B. Campbell, J. D. Houston, and W. D. Stanley for petitioner. Mr. Webster Ballinger for respondents. Reported below: 37 F. (2d) 237.
No. 724. Hylt on v . Southern Ry . Co . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Mr. James A. Fowler for petitioner. Messrs. S. R. Prince, H. O’B. Cooper, and Charles H. Smith for respondent. Reported below: 37 F. (2d) 843.
No. 725. Sugimoto v . Nagle , Commissi oner of Immi - gratio n . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Aylett R. Cotton for petitioner. Attorney p. 746General Mitchell, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry 8. Ridgely, and Paul D. Miller for respondent. Reported below: 38 F. (2d) 207.
No. 726. Colthurst v . Metro pol itan Casu alty In - sur ance Co. April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Raymond M. Hudson for petitioner. Mr. Joseph A. Burkart for respondent. Reported below: 36 F. (2d) 559.
No. 727. Marti n v . United States . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Jed C. Adams and W. B. Harrell for petitioner. Attorney General Mitchell, Assistant Attorney General Luhring, and Messrs. Claude R. Branch and Harry 8. Ridgely for the United States. Reported below: 36 F. (2d) 954.
No. 728. Owen s v . Dancy et al . April 28,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Henry B. Martin for petitioner. Messrs. J. Berry King and William L. Murphy for respondents. Reported below: 36 F. (2d) 882.
No. 730. United States v . Blackmer . April 28, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. Atlee Pomerene and Owen J. Roberts for the United States. Messrs. George Gordon Battle, Frederick DeC. Faust, and Charles F. Wilson for respondent.
No. 731. United States v . Blackmer . April 28, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. Atlee Pomerene and Owen J. Roberts for the United States. Messrs. George Gordon Battle, Frederick DeC. Faust, and Charles F. Wilson for respondent.
No. 733. Mc Gehee v . Hall , Truste e . April 28,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. George P. Garrett for petitioner. No appearance for respondent. Reported below: 37 F. (2d) 854.
No. 735. Jebbia et al . v . United States . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Benjamin L. Rosenbloom for petitioners. Attorney General Mitchell, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and W. Marvin Smith for the United States. Reported below: 37 F. (2d) 343.
No. 736. Lohm , Recei ver , v . Bragg , Millsa ps & Black wel l , Inc . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. George S. Jones for petitioner. Mr. Walter A. Harris for respondent. Reported below: 36 F. (2d) 736.
No. 737. The Waalhaven et al . v . Potas h Import - ing Corp . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. John W. Crandall and George Whitefield Betts, Jr., for petitioners. Mr. Carroll Single for respondent. Reported below: 36 F. (2d) 706.
No. 738. Pears on , Receive r , v . Summe y & Tolson . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. George S. Jones for petitioner. No appearance for respondent. Reported below: 36 F. (2d) 732.
No. 739. Courson v . Ridall . April 28, 1930. Petition for writ of certiorari to the Supreme Court of New York denied. Messrs. Howard Cobb and Harold E. Simpson for petitioner. Mr. Riley H. Heath for respondent. Reported below: 252 N. Y. 592.
No. 740. Insurance & Title Guarantee Co . v . Lucas , Commis sio ner of Internal Reve nue . April 28, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Hugh Satterlee, Alfred S. Weill, Walter C. Blakely, and Albert S. Lisenby for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, J. Louis Monarch, Norman D. Keller, and W. Marvin Smith for respondent. Reported below: 36 F. (2d) 842.
No. 734. Morris v . Royal Indemn ity Co . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Frank Morris, pro se. Mr. Richard T. Lynch for respondent. Reported below: 37 F. (2d) 90.
No. 742. Lehigh & Hudson River Ry . Co . v . Lucas , Commissi oner of Internal Revenue . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. R. Kemp p. 749Slaughter and Hugh C. Bickford for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, J. Louis Monarch, John Vaughan Groner, Clarence M. Charest, and P. S. Crewe for respondent. Reported below: 36 F. (2d) 719; 38 F. (2d) 1015.
No. 743. Chesap eake & Ohio Ry . Co. v. Coffe y . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Samuel H. Williams for petitioner. Mr. Charles Curry for respondent. Reported below: 37 F. (2d) 320.
No. 744. Laws v . Davis et al . May 5,1930. Petition for writ of certiorari to the Supreme Court of Ohio denied. Mr. Walter A. DeCamp for petitioner. Mr. John Weld Peck for respondents. Reported below: 34 Oh. App. 157.
No. 745. Ball v . Western Marine & Salvage Co . May 5, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr. Lawrence Koenigsberger for petitioner. Messrs. Edwin C. Brandenburg and Louis M. Denit for respondent. Reported below: 37 F. (2d) 1004.
No. 747. Mass ey et al . v . Miller Rubber Co . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. John J. Mahoney for petitioners. Mr. Louis M. Denit for respondent. Reported below: 36 F. (2d) 466.
No. 748. Kis sock v . Duque sne Steel Found ry Co . et al . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. p. 750Messrs. Harvey L. Lechner, Drury W. Cooper, and Jo hn D. Morgan for petitioner. Mr. Lawrence Bristol for respondents. Reported below : 37 F. (2d) 249.
No. 749. Budlong v . Budlong . May 5, 1930. Petition for writ of certiorari to the Superior Court for the County of Newport, Rhode Island, denied. Margaret W. Budlong, pro se. Mr. Arthur M. Allen for respondent. Reported below: 142 Atl. 537; 147 Atl. 425, 798.
No. 751. Wrights ville & Tennille R. Co . v . Citi - zens & Southern National Bank et al . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Alexander R. Lawton for petitioner. Mr. Charles E. Wainwright for respondents. Reported below: 36 F. (2d) 736.
No. 752. Robinson , Trustee , v . Dickey , Trustee in Bankru ptcy . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. Arthur 0. Fording for petitioner. Mr. Robert F. Cogswell for respondent. Reported below: 36 F. (2d) 147.
No. 762. Herkime r National Bank v . Blue , Trustee In Bankruptc y . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Charles E. Snyder for petitioner. No appearance for respondent. Reported below: 37 F. (2d) 663.
No. 694. Bew v. United States . May 5, 1930. Petition for writ of certiorari to the Court of Claims denied. p. 751Messrs. R. Palmer Ingram, George R. Shields, and George A. King for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Messrs. Claude R. Branch and Joseph H. Sheppard for the United States. Reported below: 68 Ct. Cis. 642.
No. 758. Hansen , Recei ver , v . E. I. Du Pont de Nemours & Co., Inc . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Emil Hansen, pro se. Messrs. George H. Bond and William H. Button for respondent.
No. 759. Silv a v . Unite d States . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Marshall B. Woodworth for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and W. Marvin Smith for the United States. Reported below: 35 F. (2d) 598; 38 F. (2d) 465.
No. 769. Americ an Mutual Liabi lity Insurance Co . v. Mc Caffrey et al . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Palmer Hutcheson, Benjamin Brooks, and Harold S. Davis for petitioner. No appearance for respondents. Reported below: 37 F. (2d) 870.
No. 773. Louisi ana Oil Refini ng Corp . v . Reed et al . May 5,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. p. 752Leon O’Quin and H. C. Walker, Jr., for petitioner. Mr. Frank J. Looney for respondents. Reported below: 38 F. (2d) 159.
No. 776. Wheelock et al ., Receiv ers , v . Norton , Admi nis trat rix . May 5, 1930. Petition for writ of certiorari to the Supreme Court of Missouri denied. Messrs. Ralph T. Finley, James C. Jones, Lon 0. Hocker, Frank H. Sullivan, James C. Jones, Jr., and Silas H. Strawn for petitioners. Mr. David W. Hill for respondent. Reported below: 23 S. W. (2d) 142.
No. 778. Thompson et al . v . Housto n Oil Co . et al . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. William D. Gordon for petitioners. No appearance for respondents. Reported below: 37 F. (2d) 687.
No. 779. Guile et al . v . Statler . May 5, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Silas B. Axtell for petitioners. Messrs. Charles R. Hickox and Edwin S. Murphy for respondent. Reported below: 36 F. (2d) 1021.
No. 697. Escher , Admini strator , et al . v . United States . May 5, 1930. Petition for writ of certiorari to the Court of Claims denied. Messrs. Spier Whitaker, Lawrence A. Baker, Lyttleton Fox, and Henry Ravenel for petitioners. Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. Claude R. Branch for the United States. Reported below: 68 Ct. Cis. 473.
No. 723. South wes t Powe r Co . v . Price , Admi nis - tratrix . May 5, 1930. Petition for writ of certiorari to the Supreme Court of Arkansas denied. Messrs. James B. McDonough and Frank M. Kemp for petitioner. Messrs. W. H. Fuller, George M. Porter, and Harry P. Warner for respondent. Reported below: 22 S. W. (2d) 373.
No. 864. Guivarch et al . v . Maryland Casualt y Co . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit, and motion for leave to proceed in jorma pauperis, denied. Mr. William B. Harrell for petitioners. No appearance for respondent. Reported below: 37 F. (2d) 268.
No. 766. Carter et al . v . Unite d States . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Reuben R. Arnold, T. W. Hardwick, E. K. Wilcox, and Lee W. Branch for petitioners. Solicitor General Thacher, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for the United States. Reported below: 38 F. (2d) 227.
No. 767. Carter et al . v . United States . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Reuben R. Arnold, T. W. Hardwick, E. K. Wilcox, and Lee W. Branch for petitioners. Solicitor General Thacher, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for the United States. Reported below: 38 F. (2d) 227.
^8234°—30——48
No. 774. Ries enman et al . v . Nesbi t et al . May 19, 1930. Petition for writ of certiorari to the Supreme Court of Pennsylvania denied. Mr. Carl E. Glock for petitioners. Mr. John L. Nesbit for respondents. Reported below: 148 Atl. 695.
No. 775. Wilson , Admi nis trat rix , v . Lehigh Valle y R. Co. May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Israel G. Holender for petitioner. Mr. Thomas tR. Wheeler for respondent. Reported below: 38 F. (2d) 59.
No. 781. Labbee v . Thaveno t Steamshi p Co . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Mr. Clarence E. Mellen for petitioner. Messrs. J. W. Griffin and Clarence Bishop Smith for respondent. Reported below: 37 F. (2d) 52.
No. 782. Indianapolis Union Ry . Co . et al . v . Cin - cinnat i, Indiana poli s & Western R. Co . ; and
No. 783. Same v . Same . May 19, 1930. Petition for writs of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Joseph J. Daniels, Joseph S. Graydon, and H. N. Quigley for petitioners. Messrs. Murray Seasongood, Lester A. Jaffe, and F. J. Goebel for respondent. Reported below: 36 F. (2d) 323.
No. 784. Reider v . Unite d States . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Charles W. Middlekauff for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, and Messrs. p. 755Claude R. Branch and W. Marvin Smith for the United States.
No. 787. Ely & Walke r Dry Goods Co . v . Unite d Stat es . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. Henry J. Richardson, Frederic D. McKenney, and Thomas W. White for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Barham R. Gary, and Paul D. Miller for the United States. Reported below: 34 F. (2d) 429.
No. 793. Fesl er v . Lucas , Commi ssione r of Internal Reve nue . May 19. 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Walter L. Fisher for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, John H. McEvers, and W. Marvin Smith for respondent. Reported below: 38 F. (2d) 155. _______
No. 797. Wrigh t , County Treasure r of Shawnee County , Kansa s , et al . v . Central Nation al Bank of Tope ka , Kansas . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. A. B. Quinton and Eugene S. Quinton for petitioners. Messrs. John L. Hunt and S. M. Brewster for respondent. Reported below: 37 F. (2d) 234.
No. 798. Blackburn Constructi on Co . v . Cedar Rapid s Nati onal »Bank . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Stephen A. George for p. 756petitioner. Mr. A. H. Sargent for respondent. Reported below: 37 E. (2d) 865.
No. 801. Texas & Pacific Ry . Co . v . Aaron . May 19, 1930. Petition for writ of certiorari to the Court of Civil Appeals, Sixth Supreme Judicial District, of Texas, denied. Messrs. Joseph H. T. Bibb and T. D. Gresham for petitioner. Mr. S. P. Jones for respondent. Reported below: 19 S. W. (2d) 930.
No. 802. Twin City Water Softene r Co. et al . v . American Doucil Co . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. P. A. Whiteley for petitioners. Messrs. Harvey L. Lechner and Paul Synnestvedt for respondent. Reported below: 36 F. (2d) 673.
No. 764. Guaran ty Trust Co ., Trust ee , v . Minne - apolis & St . Louis R. Co . et al . ;
No. 765. Hawley et al . v . Same ;
No. 826. New York Trust Co ., Trustee , v . Same ;
No. 827. Bennett Commi tte e v . Same ; and
No. 828. Bankers Trust Co ., Trustee , v . Same . May 19, 1930. Petitions for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. John W. Davis, Frank B. Kellogg, Edwin S. S. Sunderland, Warren S. Carter, Thomas O’G. FitzGibbon, and John Junell for the Guaranty Trust Company, Trustee, and Hawley et al. Messrs. Joseph M. Hartfield and Jesse E. Waid for the New York Trust Company, Trustee, and The Bennett Committee. Messrs. Charles Bunn and James H. McIntosh for the Bankers Trust Company, Trustee. Messrs, Henry W. Taft, Paxton Blair, Alfred A, p. 757Cook, Frederick F. Greenman, Henry V. Poor, and Frederick G. Ingersoll for the Minneapolis & St. Louis Railroad Company et al. Solicitor General Thacher, Assistant to the Attorney General O’Brian, and Mr. Claude R. Branch for the United States. Reported below: 36 F. (2d) 747.
No. 785. Unite d State s v . Fall . May 19, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Messrs. Atlee Pomerene and Owen J. Roberts for the United States. Messrs. Mark B. Thompson, William E. Leahy, Wilton J. Lambert, and Frank J. Hogan for respondent.
No. 786. Commer cial Casualt y Insur ance Co . v . Willi ams , Trust ee in Bankrup tcy . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Allan C. Rowe for petitioner. Mr. George Roundtree for respondent. Reported below: 37 F. (2d) 326.
No. 788. Falk , Executor , v . Idaho et al .; and
No. 789. Falk et al ., Executor s , v . Same . May 19, 1930. Petition for writs of certiorari to the Supreme Court of Idaho denied. Mr. Charles M. Kahn for petitioners. Messrs. W. D. Gillis and Leon M. Fisk for respondents. Reported below: 283 Pac. 598.
No. 790. Southern Pacifi c Co . v . Railroad Commi s - sion of Calif orni a . May 19, 1930. Petition for writ of certiorari to the Supreme Court of California denied. p. 758Messrs. James E. Lyons and Harry H. McElroy for petitioner. Mr. Arthur T. George for respondent.
No. 791. Southern Pacific Co. v. Geo . H. Croley Co., Inc . May 19, 1930. Petition for writ of certiorari to the Railroad Commission of California denied. Messrs. James E. Lyons and Harry H. McElroy for petitioner. Mr. Marcel E. Cerf for respondent.
No. 794. Coulter et al . v . Eagle & Phenix Mills . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Frederic D. McKenney and Henry D. Gaggstatter for petitioners. No appearance for respondents. Reported below: 35 F. (2d) 268.
No. 804. Commerci al Union Assurance Co . v . Jass et al . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. T. A, Hammond and Haines H. Hargrett for petitioner. No appearance for respondent. Reported below: 36 F. (2d) 9.
No. 806. Murphy v . United States . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Levi Cooke for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and W. Marvin Smith for the United States. Reported below: 38 F. (2d) 441.
No. 807. Thomp son , Receiver , et al . v . Otis Elevat or Co. May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. p. 759Daniel MacDougald for petitioners. Messrs. Edwin W. Sims, Elwood G. Godman, and Martin H. Long for respondent. Reported below: 38 F. (2d) 1020.
No. 808. Tin Decorating Co . v . Metal Package Corp . May 19,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. T. J. Johnston, J. Granville Meyers, and Charles S. Jones for petitioner. Messrs. William Houston Kenyon, Theodore S. Kenyon, and Frederick B. Townsend for respondent. Reported below: 37 F. (2d) 5.
No. 811. Mortgage Guaran tee Co . v . Welch , Collec - tor of Internal Reve nue . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Ralph W. Smith for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, Barham R. Gary, and Paul D. Miller for respondent. Reported below: 38 F. (2d) 184.
No. 816. Pett it v . Lucas , Commis sio ner of Internal Revenue . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. James H. Maxey, T. J. Leahy, and C. S. MacDonald for petitioner. Solicitor Gerberal Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, and Morton P. Fisher for respondent. Reported below: 38 F. (2d) 976.
No. 825. United States Navigati on Co ., Inc . v . Cunard Steams hip Co . et al . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for p. 760the Second Circuit denied. Messrs. Mark W. Maclay, Goldthwaite H. Dorr, and John Tilney Carpenter for petitioner. Mr. Roscoe H. Hupper for respondents. Reported below: 39 F. (2d) 204.
No. 849. Graham -Brown Shoe Co . et al . v . Holli - day , all ege d trustee . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Lee Gammage Carter for petitioners. No appearance for respondent. Reported below: 36 F. (2d) 745.
No. 867. City of New York v . Cranford Co . May 19, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Arthur J. W. Hilly and J. Joseph Lilly for petitioner. Messrs. Franklin Nevius, Asa B. Kellogg, and Harvey D. Jacob for respondent. Reported below: 38 F. (2d) 52.
No. 652. Live Stock Nation al Bank v . United States . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. J. Robert Sherrod for petitioner. Attorney General Mitchell, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, John Vaughan Groner, and Paul D. Miller for the United States. Reported below: 36 F. (2d) 334.
No. 757. Newm an , Saunders & Co., Inc ., v . Unite d States . May 26, 1930. Petition for writ of certiorari to the Court of Claims denied. Mr. Bernhard Knollenberger for petitioner. Solicitor General Thacher, Assistant Attorney General Rugg, and Mr. Claude R. Branch for the United States. Reported below: 36 F. (2d) 1009.
281 U.S.. Decisions Denying Certiorari.
No. 814. Miami Bank & Trust Co ., Trustee , v . Karst en . May 26, 1930. Petition for writ of certiorari to the Supreme Court of Florida denied. Messrs. Frederick M. Hudson and Garland M. McNutt for petitioner. No appearance for respondent. Reported below: 118 So. 492.
No. 818. C. 0. Tingley & Co. et al . v . Badger Rubber Works . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Messrs. Russell' M. Everett and Harry B. Rook for petitioners. Mr. Franklin G. Neal for respondent. Reported below: 38 F. (2d) 630.
No. 819. Laird et al . v . Tully et al . May 26, 1930. Petition for writ of certiorari to the Supreme Court of Alabama denied. Messrs. Theodore J. Lamar and Douglas Arant for petitioners. Mr. Needham A. Graham, Jr., for respondents. Reported below: 125 So. 392.
No. 829. Hill v. Lucas , Commi ss ioner of Internal Revenue ; and
No. 830. Plume r v . Same . May 26, 1930. Petitions for writs of certiorari to the Circuit Court of Appeals for the First Circuit denied. Messrs. Robert G. Dodge and Harold S. Davis for petitioners. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Sewall Key, J. Louis Monarch, Clarence M. Charest, and John MacC. Hudson for respondent. Reported below: 38 F. (2d) 165.
No. 834. Silver v . Wash ingto n . May 26, 1930. Petition for writ of certiorari to the Supreme Court of Washington denied. Mr. John J. Sullivan for petitioner.
Decisions Denying Certiorari. • 281U. 8.
Mr. Ewing Dean Colvin for respondent. Reported below: 153 Wash. 686.
No. 836. Bennett et al . v . U. S. Shippi ng Board Emer gency Fleet Corporation et al . May 26, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr. Ashby Williams for petitioners. Solicitor General Thacher, Messrs. Claude R. Branch, J. Frank Staley, and W. Marvin Smith for respondents. Reported below: 37 F. (2d) 811.
No. 838. Flowers v . Posity pe Corp . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Francis X. Busch for petitioner. Mr. R. Randolph Hicks for respondent. Reported below: 36 F. (2d) 617.
No. 839. Florida National Bank et al . v . Evans . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Walter A. Harris for petitioners. Mr. John R. L. Smith for respondent. Reported below: 38 F. (2d) 627.
No. 840. Western & Atlan tic Railroad v . Lochrid ge , Adminis tratr ix . May 26, 1930. Petition for writ of certiorari to the Supreme Court of Georgia denied. Messrs. Fitzgerald Hall and Frank Slemons for petitioner. Mr. Samuel D. Hewlett for respondent. Reported below: 152 S. E. 474.
No. 848. Cabangi s v . Phili ppi ne Islands . May 26, 1930. Petition for writ of certiorari to the Supreme Court of the Philippine Islands denied. Messrs. Pedro Guevara p. 763and Claro M. Recto for petitioners. Messrs. William Cattron Rigby, W. A. Graham, and Edward A. Kreger for respondent.
No. 850. Rausch , Admini strator , v . Commer cia l Travelers Mutual Accident Ass n . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. James C., Jones, Frank H. Sullivan, and James C. Jones, Jr., for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 766.
No. 855. Theard , Receive r and Truste e , et al . v . Bushong . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. Joseph W. Carroll and Delvaille H. Theard for petitioners. Mr. John D. Miller for respondent. Reported below: 37 F. (2d) 690.
No. 861. Jackson v . Norris et al . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Crandall Mackey for petitioner. Messrs. Mark McMahon and Gdlis A. Johnson for respondents. Reported below: 37 F. (2d) 511. _________
No. 875. City of Shreveport et al . v . Shreveport Rail wa ys Co . May 26, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Frank J. Looney for petitioners. Messrs. W. H. Armbrecht and A. B. Freyer for respondent. Reported below: 38 F. (2d) 945.
No. 953. Sampsel l et al . v. Calif ornia . June 2,1930. Petition for writ of certiorari to the District Court of Appeal, 1st Appellate District, of California, and motion p. 764for leave to proceed in forma pauperis, denied. Messrs. Lloyd E. Sampsell and Ethan A. McNabb, pro se. No appearance for respondent. Reported below: 286 Pac. 434.
No. 627. Autoquip Mfg . Co . v . Unite d Stat es . June 2, 1930. Petition for writ of certiorari to the Court of Claims'denied. Mr. George M. Wilmeth for petitioner. Attorney General Mitchell, Assistant Attorney General Rugg, and Messrs. Claude R. Branch and Ralph C. Williamson for the United States. Reported below: 68 Ct. Cis. 362.
No. 833. White Star Bus Line , Inc ., v . Roberts . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Mr. Carroll G. Walter for petitioner. No appearance for respondent. Reported below: 38 F. (2d) 1.
No. 841. Burckhardt et al . v . Northw est ern Na - tional Bank et al . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. W. C. Bristol for petitioners. Messrs. Charles A. Hart and Alfred A. Hampson for respondents. Reported below: 38 F. (2d) 568.
No. 842. Balanced Rock Scenic Attracti ons , Inc ., v . Town of Manitou . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Fred S. Caldwell for petitioner. Mr. C. W. Dolph for respondent. Reported below: 38 F. (2d) 28. _________
No. 843. Kay v . Federal Trade Comm iss ion . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Abbott p. 765Elliott Kay, pro se. Solicitor General Thacher, Assistant to the Attorney General O’Brian, Messrs. Claude R. Branch, Charles H. Weston, Robert E. Healy, and Martin A. Morrison for respondent. Reported below : 35 F. (2d) 160.
No. 854. St . Louis -San Franci sco Ry . Co . v . Berry , Administratrix . June 2, 1930. Petition for writ of certiorari to the Supreme Court of Missouri denied. Messrs. Edward T. Miller, Frank C. Mann, and Alexander P. Stewart for petitioner. Mr. John B. Pew for respondent. Reported below: 26 S. W. (2d) 988.
No. 858. Chicag o & Eastern Illi nois Ry . Co. v. Divi ne , Adminis tratrix . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Homer B. Aikman for petitioner. Mr. George 0. Dix for respondent. Reported below: 39 F. (2d) 537.
No. 859. Chicago & Eastern Illi nois Ry . Co. v. Divine . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Homer B. Aikman for petitioner. Mr. George 0. Dix for respondent. Reported below: 39 F. (2d) 537. _________
No. 860. Matheny v . Edwards Ice Machine & Supp ly Co . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Arthur I. Moulton for petitioner. No appearance for respondent. Reported below: 39 F. (2d) 70.
No. 862. Fidelity and Casualt y Co . v . Howe . June 2, 1930. Petition for writ of certiorari to the Circuit p. 766Court of Appeals for the Third Circuit denied. Messrs. John C. Sherriff and W. Pitt Gifford for petitioner. Mr. B. B. McGinnis for respondent. Reported below: 38 F. (2d) 741.
No. 863. National Life Assn . v . Howe . June 2,1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. John C. Sherriff and W. Pitt Gifford for petitioner. Mr. B. B. McGinnis for respondent. Reported below: 38 F. (2d) 741.
No. 865. Hooper v . Balulis et al . June 2, 1930. Petition for writ of certiorari to the Supreme Court of Illinois denied. Mr. James H. Hooper, pro se. No appearance for respondents. Reported below: 338111.21.
No. 866. Unit ed State s ex rel . Walter E. Heller & Co. v. Mellon , Secret ary of the Treasur y . June 2, 1930. Petition for writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr. Nathan B. Williams for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and Mahlon D. Kiefer for respondent. Reported below: 40 F. (2d) 808.
No. 868. Chicag o & East ern Illi nois Ry . Co. v. Noell et al . June 2, 1930. Petition for writ of certiorari to the St. Louis Court of Appeals of Missouri denied. Messrs. Ralph T. Finley, James C. Jones, Frank H. Sullivan, James C. Jones, Jr., and Lon 0. Hocker for petitioner. Mr. David W. Hill for respondents. Reported below: 21 S, W. (2d) 937,
No. 870. Grand Rapids Store Equipm ent Corp . v . Weber Show Case & Fixture Co . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Frank E. Liv erance, Jr., for petitioner. Messrs. Frederick S. Lyon and Leonard S. Lyon for respondent. Reported below: 38 F. (2d) 730.
No. 871. Frantz v . West Virgi nia . June 2, 1930. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. Mr. Russell L. Ritz for petitioner. No appearance for respondent. Reported below: 152 S. E. 326.
No. 873. Galt v . Chica go . June 2, 1930. Petition for writ of certiorari to the Supreme Court of Illinois denied. Mr. Howard F. Bishop for petitioner. Messrs. Samuel A. Ettelson and Gotthard A. Dahlberg for respondent. Reported below: 337 Ill. 547.
No. 883. Leininb ach v . Unite d States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. William A. Gray for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, John J. Byrne, and Paul D. Miller for the United States. Reported below: 38 F. (2d) 442.
No. 886. Ross v. United States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. J. Bernard Handlan for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Mahlon D. Kiejer, and W. Marvin Smith for the United States. Reported below: 37 F. (2d) 557,
No. 888. Wenstra nd v . Albert Pick & Co. June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Daniel M. Dever for petitioner. Mr. Samuel E. Hirsch for respondent. Reported below: 38 F. (2d) 25.
No. 894. Iron Mountain Oil Co . v . Alexander , Col - lector of Internal Revenue . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Messrs. Henry S. Conrad and Lisbon E. Durham for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, J. Louis Monarch, and Miss Helen R. Carloss for respondent; Reported below: 37 F. (2d) 231.
No. 902. Alksne v . United Stat es . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Messrs. William H. Lewis and Matthew L. McGrath for petitioner. Solicitor General Thacher, Assitant Attorney General Youngquist, and Messrs. Claude R. Branch and A. W. Henderson for the United States. Reported below: 39 F. (2d) 62.
No. 908. Curtis et al . v . Unite d Stat es . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Julian C. Ryer for petitioners. Solicitor General Thacher, Assistant Attorney General Youngquist, and Messrs. Claude R. Branch and W. Marvin Smith for the United States. Reported below: 38 F. (2d) 450.
No. 912. Flynn ex rel . King v . Tillingha st , Com - miss ioner of Immi gration . June 2, 1930. Petition for p. 769writ of certiorari to the Circuit Court of Appeals for the First Circuit denied. Messrs. Everett Flint Damon and Walter Bates Farr for petitioner. Solicitor General Thacher, Assistant Attorney General Luhring, Messrs. Claude R. Branch, Harry S. Ridgely, and W. Marvin Smith for respondent. Reported below: 38 F. (2d) 5.
No. 938. Capo v . Unite d States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Messrs. J. V. Walton and Harold A. Henderson for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Mahlon D. Kiefer, and John J. Byrne for the United States. Reported below: 39 F. (2d) 52.
No. 940. Satinover v . Unite d States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Frank F. L’Engle for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, Messrs. Claude R. Branch, Mahlon D. Kieler, and John J. Byrne for the United States. Reported below: 39 F. (2d) 52.
No. 947. Marsi glia v . United States . June 2, 1930. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Mr. Angelo Marsiglia, pro se. Solicitor General Thacher, Assistant Attorney General Luhring, and Messrs. Claude R. Branch and W. Marvin Smith for the United States. Reported below: 38 F. (2d) 1017.
98234°—SO- 49
Cases Disposed of Without Consideration by the Court. 281U. S.
CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT FROM JANUARY 28, 1930, TO AND INCLUDING JUNE 2, 1930.
No. 536. Wiss v. Booth Fis heri es Co . Appeal from the District Court of the United States for the District of Oregon. March 3, 1930. Dismissed with costs pursuant to Rule 12. Mr. Arthur I. Moulton for appellant. No appearance for appellee.
No. 605. Skinner & Eddy Corp . v . Unite d States . On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. March 17, 1930. Dismissed on motion of Mr. Louis Titus for the petitioner. Messrs. George Donworth, Livingston B. Stedman, and Charles K. Poe also appeared for petitioner. No appearance for the United States. Reported below: 35 F. (2d) 889.
No. 607. Kestian et al . v . Illino is . Error to the Supreme Court of Illinois. March 17, 1930. Dismissed with costs pursuant to Rule 12. Mr. F. L. Barnett for plaintiffs in error. No appearance for defendant in error. Reported below: 335 Ill. 596.
No. 426. Gottlie b v . Mahoni ng Valley Sanitary Distr ict et al . Appeal from the Supreme Court of Ohio. April 14, 1930. Dismissed with costs on motion of Messrs. Luther Day, William L. Day, and W. J. Kenealy for appellant. Messrs. James E. Bennett, Oscar E. Diser, Charles M. Wilkins, Paul Z. Hodge, Carl Armstrong, Newton D. Baker, and Carmi Thompson for appellees. Reported below : 120 Oh. St. 449.
281U. S. Cases Disposed of Without Consideration by the Court.
No. 831. Perkins v . Ohio . Appeal from the Supreme Court of Ohio. April 21, 1930. Docketed and dismissed on motion of Mr. John J. Chester, Jr., for appellee. Reported below: 172 N. E. 305.
No. 835. Marti n v . Rudolph , Warden of the Mis - souri State Peni ten tia ry . Error to the Supreme Court of Missouri. April 22, 1930. Docketed and dismissed on motion of Mr. Walter E. Sloat for appellee.
No. 370. Federal Trade Comm iss ion v . Western Meat Co . et al . On writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit May 19, 1930. Writ of certiorari dismissed and mandate granted on motion of Solicitor General Thacher for petitioner. Messrs. Edward F. Barry, Frank L. Horton, and Charles Aaron for respondents. Reported below: 33 F. (2d) 824.
No. 951. Reedal et al . v . Brother town Realty Corp . Appeal from the Supreme Court of Wisconsin. May 26, 1930. Docketed and dismissed on motion of Mr. Frederick DeC. Faust for appellee. Reported below: 227 N. W. 390.
No. 755. Scaif e v . Scaife . Appeal from the Supreme Court of Pennsylvania. May 26, 1930. Dismissed with costs on motion of Mr. H. F. Stambaugh for appellant. No appearance for appellee. Reported below: 298 Pa. 33.
No. 756. Mc Kee et al . v . Scaife . Appeal from the Supreme Court of Pennsylvania. May 26, 1930. Dismissed with costs on motion of Mr. William S. Dalzell for appellants. No appearance for appellee. Reported below : 298 Pa. 33.
(no text on this page in the source reporter)
The rules of practice in admiralty heretofore promulgated by this Court (254 U. S. appendix) are amended by including therein a new rule numbered 46% and reading as follows:
“ In deciding cases of admiralty and maritime jurisdiction the court of first instance shall find the facts specially and state separately its conclusions of law thereon; and its findings and conclusions shall be entered of record, and, if an appeal is taken from the decree, shall be included by the clerk in the record which is certified to the appellate court under rule 49.”
This new rule shall become effective October 1, 1930. June 2,1930.
The rules of practice in equity heretofore promulgated by this Court (226 U. S. appendix) are amended by including therein a new rule numbered 70% and reading as follows:
“ In deciding suits in equity, including those required to be heard before three judges, the court of first instance shall find the facts specially and state separately its conclusions of law thereon; and its findings and conclusions shall be entered of record and, if an appeal is taken from the decree, shall be included by the clerk in the record which is certified to the appellate court under rules 75 and 76.”
This new rule shall become effective October 1, 1930. June 2, 1930.
(no text on this page in the source reporter)
Summa ry Sta temen t of Busi ne ss of th e Supr eme Cou rt of th e
Unit ed Sta te s for Octo ber Ter m , 1929.
Original Docket.
Cases pending at beginning of term.............................................. 18 New cases docketed during term.................................................... 3 Cases finally disposed of................................................................. 3 Cases not finally disposed of........................................................... 18
Appellate Docket.
Cases pending at beginning of term.............................................. 125 New cases docketed during term.................................................... 838 Cases finally disposed of.................................................................. 791 Cases not finally disposed of............................................................ 172
The number of pending cases, original and appellate, was thus increased by 47.
Interlocutory decisions, and adverse decisions upon applications for leave to file, as in mandamus, prohibition, etc., are not here included.