— — OCTOBER TERM, 1933 STATISTICS Original Appellate Total Number of cases on docket _ _ 19 1, 113 1, 132 Cases disposed of ___ _ 4 1, 025 1, 029 Remaining on docket ______ 15 88 103 Cases disposed of By written opinions 180 By per curiam opinions 96 By denial or dismissal of petitions for certiorari 732 By motion to dismiss or per stipulation 21 Number of written opinions 158 Number of per curiam opinions 86 Number of admissions to bar 843 REFERENCE INDEX Page Mrs. Edward Douglass White, The Chief Justice announced that members of the Court would attend funeral of 126 Disbarment, in the matter of Winburn 2,6 Buckner T Fletcher 8, 53 Woulfe. 160, 190, 21T, 224 Wampler 211 Harris 211 Criminal cases, promulgation of Rules of Practice and Pro- cedure in, announced 223 Rules, amendment to Rule 38 announced 250 No admissions to the bar—April 5, 1934. Dominion of Canada, appearing pursuant to the provisions of the protocol accompanying convention to regulate the level of the Lake of the Woods (Nos. 580-2) 176 13563—34 95 — n Page Kentucky Gas case—motion to dismiss made on day of argu- ment by certain appellees on ground that they had not properly been made parties—case passed until next day motion to dismiss denied and case assigned for argument at a later date in order that parties might agree upon addi- tional parts of record necessary to argument of case (No. 11) 32,33 New York Telephone case—appeal allowed in March 1930, but by orders enlarging time date of filing was extended to November 1933 to allow counsel to condense record. Case submitted before printing of record on statement as to jurisdiction and motion to dismiss. By yer curiam^ appeal dismissed on ground appellant, having obtained relief sought in court below, not entitled to prosecute an appeal from decree in its favor for purpose of reviewing portions of decree fixing value of its property, and rate of return to be allowed (No. 586) 159 Columbus Gas case (No. 608) dismissed for want of final judgment. Appellant went into State Supreme Court and had judgment made final by nunc pro tunc order and then prosecuted and filed appeal (No. 937) from that order. Petition for rehearing was filed in No. 608. Court noted jurisdiction in No. 937 and denied petition for rehearing in No. 608 185, 207 N.E..A. case (oil code) motion to continue granted (No. 869) _ 216 Opinions amended (Nos. 5, 128, 731) 71, 168, 224 Opinion, per curiam^ amended (No. 843) 238 Decree amended (Nos. 551-2) 103 Equally divided Court, cases afiirmed by (Nos. 18, 19, 20, 21, 25, 361) 52, 185 Original exhibits, order to send up pursuant to Rule 10, par. 4 (No. 576) 111 Appeal dismissed for failure to comply with Rules 12, par. 1, and 13, par. 9 (No. 70) 2,6 Appeal dismissed, application therefor not made within time (No. 3) 39 Appeal from Court of Claims—Special jurisdictional act—dis- missed (No. 874) 224 Appeal, Ex parte: (No. 1004) 238 m Page Appeal, dismissed as moot; appellant desired his appeal dis- missed, the cause having become moot after the taking of appeal. Not desiring that the judgment against him should stand because of its being a possible bar to future litigation, he secured a stipulation from appellee to the effect that cause was moot and then filed in this Court along with the stipulation, a motion to reverse with directions to dismiss the bill as moot—^this was done. (No. 566) 93 Appeal dismissed, motion of appellant. Government took the appeal but failed to docket the case within the return day. Appellee, desiring a decision, filed the record and docketed the case. Government then moved orally to dismiss, with- out notice. Appeal dismissed. Appellee by printed motion moved to reinstate—motion denied from bench (No. 779 )_ 154, 163 Certiorari denied, authorities cited (Nos. 219, 269, 414) 17,41 Certiorari, cause assigned for argument on questions raised in petition for. Action on petition withheld meanwhile. (No. 655) 137, 155, 161 Certiorari dismissed, lack of showing of summons and sever- ance (No. 655) 203 Certiorari, order to show cause why writ should not be dis- missed (No. 815), dismissed because of effect of recent legislation on injunction 228, 237 Certiorari denied, failure to comply with rule 38 (No. 1046) 244 Declaration (original action) motion for leave to file, Monaco V. Mississippi, denied 112, 118, 144, 152, 172 Bill to perpetuate testimony (original action) motion for leave to file denied, see opinion 156 Mandamus, motion for leave to file denied, authorities cited. 103, 117 Mandamus, interested parties permitted to appear and argue when judge, against whom rule issued, declined to litigate (No. 19 orig.) 128 Heversal, per curiam (No. 358) 151 Stay order, judgment and sentence (Snyder case. No. 241) stayed by order of court 35 Stay, petition for, referred to entire court, denied 251 ^Stay order, motion to abate (Ohio bituminous coal rate case). District Court refused injunction and dismissed bill but granted a stay of 60 days, pending perfecting of appeal to this Court—appellees being hurt by such order applied to and were granted appeal therefrom by Mr. Justice McEey- nolds. Without docketing case they appeared after notice and presented printed papers to this Court, asking that order of stay be vacated—^this was done. (Cases later dock- eted as Nos. 868 and 886) 146, 151 IV Page Restraining order, application for, denied (No. 990) —211,220,224 Equity Rule 75 (b), suggestion of failure to comply with. I.C.C. rate order, appellant prepared narrative of testi- mony which was stricken on motion of Government—Evi- dence sent to this Court in original form and no request made to have same included in record—appellant attached as appendix to his brief evidence deemed material to hear- ing—case submitted without argument—Court affirmed case on merits—no action on suggestion' re Equity Rule 75 (b) (No. 867) - 216 Diminution of record, suggestion of and motion for certio- rari, granted (No 184) 4 Motion to pass, denied (No. 9) 9 Motion to consider petition on typewritten papers, granted. Petitioner was an alien and could not proceed in forma pauperis under Statute (No. 408) 9 Motion to proceed on typewritten record, granted (Nos. 594, 495) 96, 103 Motion to dispense with printing record, granted (No. 741) _ 144,152 Motion as to printing record, granted. Counsel had refused to stipulate (No. 859) 187 Motion to recall mandate, denied. (No. 34) 171, 179 Motion to return record to lower court, granted (No. 801, October Term, 1932) 9 Motion to proceed in forma pauperis, granted (Nos. 241, 95, 106, 152, 597, 734) 12, 54, 94, 142 Motion to file brief as amicus curiae, granted, although counsel for one party did not consent (No. 240) 13 Motion to substitute, denied. Solicitor General moved to substitute Commissioner of Internal Revenue in a number of cases after Court had denied petitions, and orders evi- dencing denial had been transmitted to lower courts (Nos. 45, etc.) 57, 58 Motion to strike brief, granted (No. 672) 144, 152 Motion to amend assignments of error, granted. (No. 609) __ 182 Rehearing, petition for denied, authorities cited (No. 824) 215 Rehearing, petition for "entertained" (No. 18 etc.) 243 Rehearing, petition for granted and case assigned for argu- ment on question raised therein. Petitioner raised in this petition for first time effect of repeal of 18th Amendment (No. 707) . 161,177 Order suspending call of docket, etc 227 Adjournment order 255 0. S. GOVERNMENT PRINTING OFFICE: t934 ; MONDAY, OCTOBER 2, 1933 1 SUPEEME COUET OF THE UNITED STATES Present: The Chief Justice, Mr. Justice Van Devanter, Mr. Justice McReynolds, Mr. Justice Brandeis, Mr. Justice Sutherland, Mr. Justice Butler, Mr. Justice Stone, Mr. Justice Roberts, and Mr. Justice Cardozo. Michael Halperin, of New York City ; William Stanley, of Laurel, Md. George C. Sweeney, of Gardner, Mass. Angus D. MacLean, of ; ; Washington, N.C. ; Jas. W. Morris, of Tampa, Fla. Irving Lemov, ; of New York City; Elmo H. Conley, of Los Angeles, Calif.; Jordan R. Bentley, of Washington, D.C.; Alvin Gerlack, of San Francisco, Calif.; Richard J. Mackey, of New York City; Stanis- laus A. Riley, of San Francisco, Calif. ; Herbert H. Dyke, of New York City; John F. Reinhardt, of Kansas City, Mo.; Russell G. Lucas, of Salt Lake City, Utah ; Thomas F. Mount, of Philadelphia, Pa.; Ethelbert Warfield, of New York City; John A. Jorgenson, of Los Angeles, Calif.; Stanley J. AYallace, of Erie, Pa.; Henry J. Smith, of New York City ; James Morgan Sheen, of New York City Tyler Berry, of Franklin, Tenn. ; Carroll Walker, of Frankfort, Kans.; Florence E. Moore, of St. Johnsbury, Vt. ; Maurice J. Zucker, of Newark, N.J. ; Louis D. Goldberg, of Newark, N.J. ; Oilie Collins, of Rogers, Ark. ; and Moreau P. Estes, of Nashville, Tenn., were admitted to practice. No. 363. The Arrow-Hart & Hegeman Electric Company, peti- tioner, V. Federal Trade Commission. Consideration of the petition for writ of certiorari deferred for thirtj^ days on motion of Mr. Solicitor General Biggs for the respondent. No. original. Ex Parte : Herman K. Heussler and Joseph F. — , Ott, petitioners. Motion for leave to file petition for writ of man- damus submitted by Mr. Challen B. Ellis on behalf of counsel for petitioners. No. original. Ex Parte: W. Bissell Thomas et al., petitioners. — , Motion for leave to file petition for writ of mandamus submitted by Mr. W. Bissell Thomas for the petitioners. No. original. Ex Parte: Edmond C.