1916 Journal

1916 Journal

: ; -31 1 SUPREME COUET OF THE UNITED STATES. Monday, October 9, 1916. Present: The Chief Justice, Mr. Justice McKenna, Mr. Justice Holmes, Mr. Justice Day, Mr. Justice Van Devanter, Mr. Justice Pitney, Mr. Justice McReynolds, Mr. Justice Brandeis, and Mr. Jus- tice Clarke. The Chief Justice said " On the 24th of July last the Honorable John H. Clarke, district judge of the United States for the Northern District of Ohio, was ap- pointed an Associate Justice of this court to fill the vacancy caused by the resignation of Mr. Justice Hughes, and on the 1st day of August the oath of office required by section 1756 of the Revised Stat- utes was administered to Judge Clarke by the Chief Justice. Mr. Justice Clarke is now present and ready to take his seat. The clerk will read the commission and will then administer to Mr. Justice Clarke the oath pointed out by section 257 of the Judicial Code." The clerk then read the commission, and Mr. Justice Clarke took the judicial oath and was escorted by the marshal to his seat on the bench. The Chief Justice also announced that as the President of the United States was absent from the city the usual visit to him would not be made, and that the court w^ouid receive motions for admission to the bar and other motions noticed for to-day and which were ready for submission, and that the call of the docket would commence to-morrow pursuant to the twenty-sixth rule. George J. Danforth, of Sioux Falls, S. Dak. ; William Smith Rial, of Greensburg, Pa. ; Charles C. Le Forgee, of Decatur, 111. Berkeley ; Pearce, of Cleveland, Ohio; Thomas H. Bushnell, of Cleveland, Ohio; David Wallerstein, of Philadelphia, Pa.; Julian A. Gregory, of New York City; Walter L. Welborn, of Roanoke, Va.; Charles Woodbury Arth, of Washington, D. C. Beverley R. Jouett, of Win- ; chester, Ky. ; Edward V. Sumerwell, of New York City Ray Rush- ; ton, of Montgomery, Ala. Benjamin ; P. Crum, of Montgomery, Ala. 64422—16 1** ; 2 J. Edward Thomas, of Washington, D. C. ; Leon P. Lewis, of Louis- ville, Ky. Henry J. Killilea, of Milwaukee, Wis. Dulany Mahan, ; ; of Hannibal, Mo. ; Edward P. Moulinier, of Cincinnati, Ohio ; Wil- liam E. Collins, of Cincinnati, Ohio ; C. Chester Caywood, of Wash- ington, D. C. ; Albert M. Calland, of Columbus, Ohio; Green H, Hackworth, of Washington, D. C. ; Edwin Allan Swingle, of Wash- ington, D. C. Myer Nussbaum, of New York City ; John Granville ; Meyers, of New York City ; T. Clay Lindsey, of Washington, D. C. Louis G. Ackman, of Oakland, Cal. ; Mark L. Burns, of Sacramento, Cal. ; Roane Waring, of Memphis, Tenn. ; Ike W. Crabtree, of Mem- phis, Tenn. ; William D. Funk, of Bloomfield, Nebr. ; and W. C. Bibb, of Louisa, Va., were admitted to practice. No. 139. F. Drew Caminetti, petitioner, v. The United States; No. 163. Maury I. Diggs, petitioner, v. The United States; and No. 464. L. T. Hays, petitioner, v. The United States. Motion to pass submitted by Mr. Solicitor General Davis for the United States. No. 286. Fred von Baumbach, collector of internal revenue, peti- tioner, V. Sargent Land Company; No. 287. Fred von Baumbach, collector of internal revenue, peti- tioner, V. Sutton Land Company; and No. 288. Fred von Baumbach, collector of internal revenue, peti- tioner, V. Kearsarge Land Company. Motion to pass submitted by Mr. Solicitor General Davis for the petitioner. No. 309. John Z. Lowe, jr., collector of internal revenue, plaintiff in error, v. Samuel T. Hubbard et al. In error to the District Court of the United States for the Southern District of New York. Dismissed with costs, on motion of Mr. Solicitor General Davis for the plaintiff in error. No. 388. John Z. Lowe, jr., collector of United States internal revenue, etc., plaintiff in error, v. Stephen M. Weld et al. In error to the District Court of the United States for the Southern District of New York. Dismissed with costs, on motion of Mr. Solicitor General Davis for the plaintiff in error. No. 481. The United States of America, appellant, v. The United States Steel Corporation et al. Motion to advance submitted by Mr. Solicitor General Davis for the appellant. No. 540. Louisville Bridge Company, appellant, v. The United States. Motion to advance submitted by Mr. Solicitor General Davis for the appellee. No. Original. State of North v. State , Dakota, complainant, of Minnesota. Motion for leave to file bill of complaint submitted by Mr. M. H. Boutelle for the complainant. ; 3 No. Original. State of South Dakota, v. State , complainant, of Minnesota. Motion for leave to file bill of complaint submitted by Mr. M. H. Boutelle for the complainant. No. 211. Erie Railroad Company, plaintiff in error, v. Byron B. Marietta. Death of Byron B. Marietta, the defendant in error herein, suggested, and the appearance of Evelyn J. Purucker, ad- ministratrix, as the party defendant in error herein, filed and entered on motion of Mr. N. M. Wolfe in behalf of counsel for the defendant in error. No. 438. Harry T. Hall, superintendent of banks and banking of the State of Ohio, appellant, v. The Geiger-Jones Company No. 439. Harry T. Hall, superintendent of banks and banking of the State of Ohio, appellant, v. Don C. Coultrap ; and No. 440. Harry T. Hall, superintendent of banks and banking of the State of Ohio, et al., appellants, v. William R. Rose et al. Mo- tion for leave to file brief herein as amicus curiae granted on motion of Mr. Robert R. Reed in that behalf. No. 713. The Savings Bank of Danbury, Conn., plaintiff in error, "v. Dietrich E. Loewe, as surviving partner, etc. Motion to advance submitted by Mr. Daniel Davenport for the defendant in error. No. 541. Wellsville Oil Company, plaintiff in error, v. Martha Miller et al. Motion to dismiss or affirm or place on the summary docket submitted by Mr. Robert J. Boone for the defendants in error in support of the motion, and by Mr. James A. Veasey and Mr. Jere P. O'Meara for the plaintiff in error in opposition thereto. No. 512. John Gund Brewing Company, appellant, v. The Great Northern Railway Company et al. Motion to advance submitted by Mr. Levi Cooke for the appellant. No. 639. Mrs. Laura L. Bunch, petitioner, v. J. S. Maloney, as trustee, etc. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit submitted by Mr. Levi Cooke, in behalf of Mr. W. E. Hemingway, Mr. G. B. Rose, Mr. J. F. Loughborough, and Mr. V. M. Miles for the petitioner, and by Mr. J. M. Moore for the respondent. No. 1, Original. The State of Georgia, complainant, v. Tennessee Copper Company et al. Motion for leave to file stipulation and rgreement as to further proceedings herein and as to continuance of cause as to defendant Tennessee Copper Company submitted by Mr. Arthur G. Powell for Tennessee Copper Company. No. 614. The Sturm & Dillard Company, petitioner, v. Mike Merko. Petition for a writ of certiorari to the United States Cir- cuit Court of Appeals for the Sixth Circuit submitted by Mr. Edwin. Allan Swingle in behalf of Mr. Edward S. Jouett for the petitioner. ; 4 No. 574. Silver King Coalition Mines Company, petitioner, v, Conkling Mining Company. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit sub- mitted by Mr. Curtis H. Lindley, Mr. William Howard Dickson, Mr. Thomas Marioneaux, and Mr. A. C. Ellis, jr., for the petitioner, and by Mr. Edward B. Critchlow, Mr. W. D. McHugh, and Mr. William H. King for the respondent. No. Original. Ex parte in the matter of Clair D. Yallette and Alfred B. Quinton, petitioners. Motion for leave to file petition for a hearing on an application for leave to bring a bill of complaint in the name of The United States against The State of Florida, sub- mitted by Mr. Alfred B. Quinton and Mr. Clair D. Vallette for the petitioners. No. 673. Florence C. Dinwiddle et al., petitioners, v. Nathan Hazel Metzger et al., executors, etc., et al. Petition for a writ of certi- orari to the Court of Appeals of the District of Columbia submitted by Mr. C. F. E. Ogilby, Mr. Stanton C. Peelle, and Mr. A. A. Hoehl- mg, jr., for the petitioners, and by Mr. Victor H. Wallace and Mr. J. J. Darlington for the respondent. No. 642. Illinois Central Eailroad Company, appellant, v. Kobert L. Greene et al., etc., et al. No. 643. Robert L. Greene et al., etc., et al., appellants, v. Illinois Central Railroad Company; No. 644. Illinois Central Railroad Company, appellant, v, Robert L. Greene et al., etc., et al. ; and No. 645, Robert L. Greene et al., etc., et al., appellants, v. Illinois Central Railroad Company. Motion to advance submitted by Mr. W. W. Millan in behalf of counsel. No. 671. David Clement, as administrator, etc., petitioner, v, Chi- cago, Milwaukee & St. Paul Ry. Co. et al. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit submitted by Mr. Ernest Knaebel in behalf of Mr. Burton K. Wheeler and Mr. H. Lowndes Maury for the petitioner. No. 606. H. Snowden Marshall, appellant, v. Robert B. Gordon, Sergeant at Arms of the House of Representatives. Motion to ad- vance submitted by Mr. Henry M. Goldfogle for the appellee. No. 674. Atlas Portland Cement Company, petitioner, v. Fred W. Hagen. Petition for a writ of certiorari to the United States Cir- cuit Court of Appeals for the Eighth Circuit submitted by Mr.

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