Salt Lake Herald-Republican | 1909-11-21 | Page 36 | Case Unlikely to be Taken Higher

CASE UNLIKELY Y TO TOBE TOBE BE TAKEN HIGHER United States Attorney Ex Expects Expects Expects to See Coal Company Case Stop Colonel H E Booth United States district attorney for Utah discussing the opinion handed down by Judge Walter II Sanborn In the United States circuit court of appeals at at St StPaul it Paul Friday setting aside the ver verdict verdict verdict dict of the Utah court In the case of the United States against the Union Pacific Coal company and others said that in his hia opinion the case was not likely to be carried higher The United States supreme court said Colonel Booth refused to Issue a writ of certiorari in the case of the United States Stat s against the Sta Standard Oil on company of Indiana on the grounds that tho the Judgment of the circuit court of appeals was final The decision seems to be a step further than that taken in the case of Whitwell against the Continental Tobacco company in which the th opinion OPinion ion ton was to the effect that a manufacturer manufacturer manufacturer of tobacco could sell to whom he pleased and could refuse to sell to a certain person if 1 he chose The court In that case said tobacco was not like coal c al and corn which are re regarded regarded regarded as necessaries Colonel Booth has sent for a copy of the complete decision