1923 Journal
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; 1 SUPEBME COURT OF THE UNITED STATES. Present: The Chief Justice, Mr. Justice McKenna, Mr. Justice Holmes, Mr. Justice Van Devanter, Mr. Justice Brandeis, Mr. Justice McReynolds, Mr. Justice Sutherland, Mr. Justice Butler, and Mr. Justice Sanford. Claude Duty, of Rogers, Ark.; Adelbert H. Sweet, of San Diego, Calif.; Henry E. Bolt, of Wichita Falls, Tex.; Foster Wood, of D. ; Henry, of Washington, Washington, C. Conder C. D. C. ; Joseph D. Hern, of Pittsburgh, Pa.; Charles Whitney Babcock, of Mil- waukee, Wis.; Louis J. Cohen, of Newark, N. J.; W. Randolph Montgomery, of New York City; John M. Niven, of Milwaukee, Wis.; Percy H. Stewart, of New York City; Clyde C. Souders, of Wichita, Kans. ; Louis W. Bennett, of Berkeley, Calif. Perry Post ; Taylor, of St. Louis, Mo.; William C. Todd, of Cristobal, Canal Zone ; Walter A. Wade, of Chicago, 111. ; J. Henry Doyle, of Green- field, 111.; Albert M. Cristy, of Honolulu, Hawaii; Karl F. Griffith, of Dallas, Tex. ; E. Irving Smith, of Boston, Mass. ; Stokes V. Robert- son, of Jackson, Miss.; Elmer H. Groefsema, of Detroit, Mich.; Arthur W. Kilpatrick, of Detroit, Mich.; Andrew B. Dougherty, of Lansing, Mich.; William T. Sabine, jr., of Washington, D. C. Clayton D. Potter, of Jackson, Miss.; Alvah L. Sawyer, of Me- nominee, Mich.; Daniel Coleman, of Norfolk, Va. ; Louis Cohane, of Detroit, Mich.; and Stephen E. Hurley, of Chicago, 111., were admitted to practice. The Chief Justice announced that after entertaining motions for admission to the bar, and all other motions noticed for to-day, the court would adjourn in order that the members of the court might pay their respects to the President of the United States. The court will commence the call of the docket to-morrow, pursuant to the twenty-sixth rule. No. 22, original. The United States of America, complainant, The State of Minnesota ; and No. 24, original. The United States of America, complainant, v. The State of Minnesota. Leave granted defendant to file answer 65314—23 1 ; MONDAY, OCTOBER 1, 1923. 2 herein on or before October 29, on motion of Mr, Solicitor General Beck in behalf of counsel for the defendant. No. 2. Hillsboro Coal Company et al., appellants, v. Edward C. Knotts, United States District Attorney, etc. Appeal from the Dis- trict Court of the United States for the Southern District of Illinois. Dismissed, without costs to either party, per stipulation, on motion of Mr. Solicitor General Beck in that behalf. No. 3. Herman C. Perr}^ et al., appellants, v. Edward C. Knotts, United States District Attorney, etc. Appeal from the District Court of the United States for the Southern District of Illinois. Dismissed, without costs to either party, per stipulation, on motion of Mr. Solicitor General Beck in that behalf. No. 42. Corona Coal Company, appellant, v. The United States. Motion to dismiss submitted by Mr. Solicitor General Beck for the appellee in support of the motion, and by Mr. Forney Johnston for the appellant in opposition thereto. No. 46. Title Guaranty & Trust Company et al., Executors, etc., plaintiffs in error, v. William H. Edwards, Collector, etc. Motion to dismiss or affirm submitted by Mr. Solicitor General Beck and Mr. Alfred A. AVlieat for the defendant in error in support of the mo- tion, and by Mr. James F. Brady for the plaintiffs in error in oppo- sition thereto. No. 76. Savage Arms Corporation, appellant, v. The United States. Passed, on motion of Mr. Solicitor General Beck for the appellee. No. 140. Joe Wyman, plaintiff' in error, v. The United States of America. Advanced, to be consolidated with No. 45, as one case, on motion of Mr. Solicitor General Beck for the defendant in error. No. 250. Federal Trade Commission et al., appellants, v. Claire Furnace Company et al. Motion to advance submitted by Mr. Solicitor General Beck for the appellants. No. 496. Jack Mays, petitioner, v. The United States of America. Leave granted counsel for the respondent to file brief in opposition to petition for a writ of certiorari herein on or before October 8, on motion of Mr. Solicitor General Beck for the respondent. No. 549. Standard Oil Company of New Jersey, as Owner, etc., petitioner, ^^ The United States of America. Leave granted coun- sel for the respondent to file brief in opposition to petition for a writ of certiorari herein on or before October 22, on motion of Mr. Solicitor General Beck for the respondent. No. 567. Algional H. Rae, Claimant, etc., petitioner, v. The United States of America MONDAY, OCTOBER 1, 1923. 3 No. 568. Charles Eugene Albury, Claimant, etc., petitioner, v. The United States of America ; and No. 569. Charles Eugene Albury, Claimant, etc., petitioner, v. The United States of America. Leave granted counsel for the re- spondent to file brief in opposition to petitions for writs of certio- rari herein on or before October 8, on motion of Mr. Solicitor General Beck for the respondent. No. 705, October term, 1921. Justus S. Wardell, as Collector of Internal Revenue for the First District of California, petitioner, v. James A. Blum et al.. Executors, etc. Leave granted to submit memorandum on motion to revoke denial of petition for writ of cer- tiorari on or before October 15, on motion of Mr. Solicitor General Beck for the petitioner. No. 357. The United States of America, petitioner, v. Edward H. Childs, Trustee in Bankruptcy of J. Menist Company (Inc.). Peti- tion for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit submitted by Mr. Solicitor General Beck for the petitioner, and by Mr. Moses Cohen for the respondent. No. 392. Robert E. Tod, Commissioner of Immigration, peti- tioner, V. Szejua Waldman et al. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit submitted by Mr. Solicitor General Beck, Mr. Assistant At- torney General Crim, and Mr. Harry S. Ridgely for the petitioners. No. 415. The United States of America, petitioner, v. James J. Johnston. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit submitted by Mr. Solicitor General Beck and Assistant Attorney General Willebrandt for the petitioner, and by Mr. Thomas C. Bradley for the respondent. No. 455. Charles V. Duffy, Collector, etc., petitioner, v. The Cen- tral Railroad Company of New Jersey. Petition for a writ of cer- tiorari to the United States Circuit Court of Appeals for the Third Circuit submitted by Mr. Solicitor General Beck and Assistant At- torney General Willebrandt for the petitioner, and by Mr. Charles E. Miller for the respondent. No. 535. American Chain Compan}^, petitioner, v. Interstate Iron & Steel Company. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit submitted by Mr. James M. Beck and Mr. Victor Elting for the petitioner, and by Mr. Jacob Newman and Mr. Edward R. Johnston for the re- spondent. No. 546. William R. Rodman, United States Marshal, petitioner, V. Roland R. Pothier. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit submitted by MONDAY; OCTOBER 1, 1923, 4 Mr. Solicitor General Beck for the petitioner, and by Mr. Davis G. Arnold for the respondent. No. 512. Edmund L. Ebert et al., petitioners, v. Harry P. Poston. Petition for a writ of certiorari to the Supreme Court of the State of Michigan submitted by Mr. P. J. M. Hally for the petitioners, and by Mr. Louis Cohane for the respondent. No. 369. Panama Railroad Company, plaintiff in error, y. An- drew Johnson. Motion to advance submitted by Mr. Wade H. Ellis in that behalf. No. 532. Edgar S. Appleby et ai., plaintiffs in error, v. The City of New York et al. Petition for a writ of certiorari herein submitted by Mr. John A. Kratz in behalf of Mr. Charles Henry Butler and Mr. Banton Moore for the plaintiffs in error in support of the peti- tion, and by Mr. George P. Nicholson, Mr. Charles J. Nehrbas, and Mr. William C. Cannon for the defendant in error in opposition thereto; with leave to counsel for the plaintiff in error to file the record hereafter. No. 533. Edgar S. Appleby et al., plaintiffs in error, v. John T. Delaney, as Commissioner of Docks of the City of New York. Pe- tition for a writ of certiorari herein submitted by Mr. John A. Kratz in behalf of Mr. Charles Henry Butler and Mr. Banton Moore for the plaintiff' in error in support of the petition, and by Mr. George P. Nicholson and Mr. Charles J. Nehrbas for the defend- ant in error in opposition thereto; with leave to counsel for the plaintiff in error to file record hereafter. No. 367. Brooks- Scanlon Corporation, appellant, v. The United States. Motion to advance submitted b}^ Mr. Jackson H. Ralston for the appellant. No. 427. United Shoe Machinery Corporation, petitioner, v. Lorenz Muther. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit submitted by Mr. A. M. Holcomb in behalf of Mr. Charles F. Choate, jr., and Mr. Lucius E. Varney for the petitioner, and by Mr. Edward F. Mc- Clennen for the respondent; with leave to Mr. Solicitor General Beck to file suggestions herein in behalf of the United States on or before Friday next. No. 438. Bestwall Manufacturing Company, petitioner, 'O. United States Gypsum Company. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit sub- mitted by Mr. A. M.