Show 1 El SUPREME COURT CONVENES ens 13 F 44 ly J Edon a GO Wa nor norm m w r iw t 7 f a I V tt ti a 1 1 I A O u t I When hen WASHINGTON W the Supreme court com t reassembles reassembles em bles bits on Tuesday Tue day next It will enter upun upon one of the Ule busiest and moat tm terms In III i years eara Owing to and nd unusual unu ual of loath among th the members of that t thigh high lugh tribunal during the last lut two years Ute tare docket doek t is piled plied high and cases casts including such Huch Important ones unes as RS the tobacco tO ll trust Standard Oil OU And ration tax ulta 4 As no nt successor hV hama iNn M een n appoint pp IM Ill rd IM to c turf JettAe J Fuller Futler or Asao Asso Associated dated Justice J Moody who ha par re Ie rel reSigned Signed l I neil ed the bench will be short two of ita its full quota whet h the court coun opens A Associate A Justice John M ai Harlan the sentor member of of the tho Iun uit will have the tilt distinction of presiding over this high tribunal until a new lit chief justice has haa been confirmed by b the Senate It is le 1 not considered d probable Ir bable tHat t r the important eaten cares will come comp before y the tribunal before January a as Preil dent Taft is exceedingly anxious to have a full tull bench to tu hear these then eases cares and it t Is Ia not likely that the vacancies wily will be filled Ailed before that time i Xi New u Justices Jn It is Ls 1 probable that the th Pr ut pray name ne new tic before ion Cun n f of ur the I Staler Mates Supreme Court The two central figures are the new rte J Dalle Charles K 1 Hughes of New York OUI rt and As Aa Associate Justice Harlan of oI Kentucky who Ul preside wHen the lh court opens its It October term Both men are mentioned as all likely candidates to the th late Chief Justice Fuller On the left leCt are Associate Justice Ju Holmes lm of t Massachusetts above and an I Associate Justice of or Call Cali fornia On the right arc Associate Au Justice White hite of ot Louisiana above and As Associate Justice l Day a of Dt Ohio Below is Ii Associate Justice Laiton Lorton of ot Kentucky who took his hla seat last year yar I gress gresa g convene but they thoy would not be beable beable able to serve aerie until their appointments I had bad been n confirmed by the Senate In i view of the fact that Congress will ad adjourn adjourn journ very verj ery shMil shortly after attel convening r 5 fur for the th Christmas holi holl davs da it rt naturally foil vs that the court will iII not have a full tun bench until I after the first Brat of the year eat When the court adjourned last May there were 58 cases ca es on the docket which had not been disposed of Since then cases canes have been filed with the tilt court thereby making tanking the total nL iu ber bel of ot cases Ct eil on the docket today toda 69 89 The 1 let last term of the court was teas ushered In with cases for the supreme body bod to act on The total this year ear is the largest In to the history of or the court In this connection connection connection tion the dockets show that there has been a II stead steady increase each year for forthe the last half century Because of o tile the great importance of oC the majority of the cases which find their way oay before the Supreme court and because of the various arguments allowed all wed and the amount of study on the Bart tart of ot the members of t The Ilia he court which is 18 required it is not considered likely that more than of the cases now on the Ule docket locket wilt will have been disposed of ot by b the time for the next adjournment The records r of ot the court show that the thO average number of ot cases actually disposed of ot annually for the last twenty years ean Is Less Loss than that I number were eN cleared from the docket for tor last year I Although the tobacco trust Stand Standard lard jard ard Oil railroad and the corporation j I tax cases are arf regarded as the most i important ones now before the Su Supreme SuI Supreme preme bench there are already a I number of other cases of considerable national nation l significance One Of f tho lat latter latter latter ter is the original act of ot the state of ot Virginia against its ita next door neighbor neigh neighbor neighbor bor West Test eMt Virginia In ht which several million dollars are involved as a re result reI re result I sult suit of ot the division of Virginia In Its is original state The suit tot an at attempt pt to compel West Virginia V Iri inia f fI I Shoulder part of the thEt debt that ex ox existed exin isted in Virginia at the time of the division Two Peonage c Crises Cases There are two peonage cases ap appealed appealed pealed by the state slate of or Florida the appeal of oC a number of ot railroads In Inthe inthe Inthe the western territory in the suit snit brought by them there against the tha rail railroad railroad railroad road commission of Missouri three Ulle criminal cases brought by b the United States on account of ot alleged viola violations violations of ot the pure foods and drug act I Ithe the appeal of the United States from the United States circuit court for tor fore torp p e stern Missouri I I louri in its suit against agni st the Western Terminal association of f St StLouis Louis Loui which i is Known as the Eads i t bridge monopoly case and the libel suit of the United States Stales against the 1 Press Publishing company compan of ot New NewYork i York which grew out of articles printed in n the New York World orld about I Theodore Roosevelt who was then President William Nelson Cromwell land others in connection with the I i sale of the Panama canal The rhe docket contains also a corresponding case caseI I against the Indianapolis News New The manner mannet in which the docket I has been arranged to date presents pr cases eases to be called the open openIng openIng opening Ing day d y of ot the tho October term The tobacco trust and oil trust oases cases are to be reargued and the clerk of the court has placed them on the docket for November without any definite date In each of ot these cases casesI I the government has assumed the therole therole I Irole role of trust buster because of ot its I attempt to dissolve what it deems a trust operating in n violation of the Sherman antitrust act The case against the American Tobacco To ToI Tobacco I bacco company compau generally known as the tobacco trust is one In which the Supreme court must determine It if 1 the company is a combination in re restrain restraint strain t of trade Several lower courts have hae held it to be such while on th the theother t other hand some ome of ot the courts have decided otherwise Attorney General Wickersham I is expected to appear personally before the tai Supreme court during the arguments arguments ments in this suit although the gov government gO government will be represented the greater part of ot the tho time by b Its solicitor general It Is difficult at this time to foretell the amount of time this case cape ca e will occupy before beCore it is disposed of oC and on every side the issue Is la being awaited with great anxiety This I same Slime uncertainty exists as to the final finali t i disposition of the Standard Oil OU case ease caseI j I Contention of Undo Uncle Sum 1 The rhe contentions of the government i in the Standard Oil case are grouped under nine separate heads Among them are ate That the company is a combination in restraint of trade a monopoly In n violation of or law Ja that it obtained rebates and discriminatory discriminator rates in the transportation of or its prod products products as 38 against its competitors aid atU I that it is engaged in oppressive methods meth methods methods of ot competition thereby destroying the small manufacturers and und dealers dealer throughout the country Possibly what is considered to be next of ot importance are the corporation tax cases which have haye been assigned for reargument at atsu such h time as usa a full bench will be present Xo No o definite date for a hearing has been set The Supreme bench today not In Including including including Justice Moo MooS jy y who has re rl retired r tired is composed as follo follows vs John Marshall Harlan of Kentucky Kentuck who is 77 years yeats old and who has served years ears Edward H n White of ot Louisiana 65 years old has served nineteen years ears Joseph Mo MaI en enna n nna na of ot California 67 6 years old served thirteen years year Oliver Wendell Holmes of Massachusetts 69 years ears old has been on the bench eight years cars Wil Wll William U liam R Day of ot Ohio former secretary of ot state under President McKinley 61 years old has been on the bench sev seven seven en years ears Horace H Lurton Lorton of oC Kentucky Ken Kentucky tucky 66 years ears old appointed to the bench January 3 last Governor Hughes of or New York who was appointed early last summer td fill the vacancy on the bench caused by bythe bythe bythe the death of or Associate Justice Peak ham and who was Immediately con confirmed confirmed firmed by b the Senate will be sworn In fu Inas as associate justice on the first day do of ot the October term This formality will willbe willbe be the first order of ot business when the th convenes fn Tn following cut m court copy c pi Governor Hughes will take two oaths One is provided by b a statute ef ot law and is known as the judiciary oath The ceremony is performed at atthe atthe atthe the desk d k of the clerk of the court in inthe Inthe inthe the presence of ot the bench the court officers members of the bar and visit visitors visitors ors ora The other oath is that admin administered administered adminIstered to all per pers persons ns ens entering the government nt service In the case of ot a Supreme court justice it Is IB adminis administered administered by y the presiding Justice in the room of the court and in the presence ef ot the associates Hughes Ju hes for Chief Justice It is generally believed President Taft will appoint Governor Hughes to fill Chief Justice Fullers place Hoe Hof Ho Hoever ever eer this important appointment is I hardly hard I expected until after Congress I convenes Associate Justice Harlan has been I frequently mentioned in connection with uth being made the next chief chelf Jus Justice justice tice the President Washington was the only President who ever named an ani i associate justice for tor chief I of or the Supreme court He appointed i I John Rutledge of ot South Carolina In 1795 19 to succeed John Jay The ap appointment appointment I was as made during the recess of Congress and Rutledge served as chief justice until a few tew days das after Congress met the following December when his nomination was acted upon adversely and his hiB name was with withdrawn withdrawn withdrawn drawn The name nama of ot Attorney Att orn e General WIckersham has been mentioned fn connection with one of the vacancies on the Supreme bench Louis Marshall Mar Marshall Marshalla shall shalla a member of the firm of ot Samuel of New York and former Secretary of War ar Luke Wright right also i have been spoken of o as has Senator 1 Sutherland of ot Utah Before Sinai final adjournment next May the court will have taken several re recesses recesses recesses In order that its members may ma study the eases cases before them and to prepare opinions The first recess will be during the last three weeks ip in November The second will twill be during the last two to weeks In December and another late in March It depends upon the progress of ot the court and the nature of ot the work whether a n fourth I recess r cess will sill be necessary r |