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DAILY COURT RECORD. (Monday, January 6, 1908.) SUPREME COURT OF THE UNITED STATES. Present; The Chief Justice, Mr. Justice Harlan, Mr. Justice Brewer, Mr. Justice White, Mr. Justice Peckham, Mr. Justice McKenna, Mr. Justice Holmes, Mr. Justice Day, and Mr. Justice Moody. Josiah Gross, of New Orleans, La., and Frank C. Collier, of Los Angeles, Cal., were admitted to practice. No. 49. The Wabash Railroad Company, plaintiff in error, vs. The Adelbert College of the Western Reserve University et al.; in error to the Supreme Court of the State of Ohio; judgment reversed, with costs, and cause remanded for further proceedings not inconsistent with the opinion of this court. Opinion by Mr. Justice Moody. Dissenting: Mr. Justice Harlan and Mr. Justice Peckham. No. 59. Francis Winslow et al., trustees, et al., plaintiffs in error, vs. The Baltimore and Ohio Railroad Company; in error to the Court of Appeals of the District of Columbia; judgment affirmed, with costs. Opinion by Mr. Justice Moody. No. 91. Aaron Buthental et al &c., plaintiffs in error, vs. Angus O. Jones, administrator, &c., in error to the Supreme Court of the State of Florida; judgment affirmed, with costs. Opinion by Mr. Justice Moody. No. 9. The people of the State of New York ex rel. Edward and John Burke, Limited, plaintiff in error, vs. James L. Wells et al., commissioner &c., in error to the Supreme Court of the State of New York; judgment affirmed, with costs. Opinion by Mr. Justice Day. No. 69. Yosemite Gold Mining and Milling Company, plaintiff in error, vs. E. L. Emerson et al., in error to the Supreme Court of the State of California; judgment affirmed, with costs. Opinion by Mr. Justice Day. No. 99. The United States, appellant, vs. William G. Miller; appeal from the Court of Claims. Judgment modified and affirmed. Opinion by Mr. Justice Day. No. 78. Chin Yow, appellant, vs. The United States; appeal from the District Court of the United States for the Northern district of California; order reversed and cause remanded, with a direction to issue the writ of habeas corpus. Opinion by Mr. Justice Holmes. Nos. 223, 224, and 225. Frank De L. Carrington, plaintiff in error, vs. The United States; in error to the Supreme Court of the Philippine Islands; judgments reversed and cause remanded, with directions to reverse the judgments of the Court of First Instance and remand the cases to that court, with a direction to dismiss the complainants. Opinion by Mr. Justice Holmes. No. 60. The Anheuser-Busch Brewing Association, appellant, vs. The United States; appeal from the Court of Claims; judgment affirmed. Opinion by Mr. Justice McKenna. No. 158. Henry Winters et al., appellants, vs. The United States; appeal from the United States Circuit Court of Appeals for the Ninth circuit. decree affirmed and cause remanded to the Circuit Court of the United States for the district of Montana. Opinion by Mr. Justice McKenna. Dissenting: Mr. Justice Brewer. No. 96. John Newton Williamson, plaintiff in error, vs. The United States; in error to the Circuit Court of the United States for the district of Oregon; judgment reversed as to defendant, Williamson, and cause remanded, with directions to set aside the verdict of the jury and grant a new trial as to the defendant, Williamson. Opinion by Mr. Justice White. Dissenting: Mr. Justice Harlan. No. 216. Damselle Howard, administratrix, &c., plaintiff in error, vs. The Illinois Central Railroad Company et al.; in error to the Circuit Court of the United States for the western district of Tennessee; judgment affirmed with costs. Opinion by Mr. Justice White. Specially concurring: Mr. Justice Peckham, Mr. Chief Justice Fuller, and Mr. Justice Brewer. Dissenting: Mr. Justice Moody, Mr. Justice Harlan, Mr. Justice McKenna, and Mr. Justice Holmes. No. 222. N. C. Brooks, administratrix, &c., plaintiff in error, vs. Southern Pacific Company; in error to the Circuit Court of the United States for the Western district of Kentucky; judgment affirmed with costs. Opinion by Mr. Justice White. Specially concurring: Mr. Justice Peckham, Mr. Chief Justice Fuller, and Mr. Justice Brewer. Dissenting: Mr. Justice Moody, Mr. Justice Harlan, Mr. Justice McKenna, and Mr. Justice Holmes. No. 364. Consolidated Rendering Company, plaintiff in error, vs. The State of Vermont, by Clarke C. Fitts, attorney general; in error to the Supreme Court of the State of Vermont; judgment affirmed with costs. Opinion by Mr. Justice Peckham. No. 61. Amelia M. Holt, appellant, vs. Samuel Murphy et al.; appeal from the Supreme Court of the Territory of Oklahoma; decree affirmed with costs and cause remanded to the Supreme Court of the State of Oklahoma. Opinion by Mr. Justice Brewer. No. 91. D. Sullivan, plaintiff in error, vs. The State of Texas; in error to the Court of Civil Appeals for the Third supreme judicial district of the State of Texas; judgment affirmed, with costs. Opinion by The Chief Justice Brewer. The Chief Justice announced the following orders of the court: No. —. The Rio Grande Dam and Irrigation Company et al., appellants, vs. The United States; motion to docket and dismiss denied. No. 322. William Gordon Crawford, petitioner, vs. The United States; motion to advance granted and case assigned for argument on the first Tuesday of the next term. No. 438. Thomas Battle, plaintiff in error, vs. The United States; motion for leave to proceed in forma pauperis granted and case assigned for argument on Monday, January 27, after the cases already set down for that day. No. 503. The United States, plaintiffs in error, vs. John Bitty; motion to advance granted and cause assigned for argument on Monday, January 27, after the cases already set down for that day. No. 535. Bradley W. Palmer et al., petitioners, vs. The State of Texas et al.; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth circuit granted. No. 542. Lawrence W. Sexton, receiver, &c., petitioner, vs. Armstrong Cork Company; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second circuit denied. No. 164. Dona Maria Francisca O’Reilly de Camara, Countess of Buena Vista, plaintiff in error, vs. John R. Brooke, major general, U. S. A.; passed, to be restored to the call under the provisions of section 2, rule 36, on motion of Mr. Solicitor General Hoyt for the defendant in error. No. 510. MacAndrews & Forbes Company, plaintiff in error, vs. The United States, and, No. 511. J. S. Young Company, plaintiff in error, vs. The United States; motion to advance submitted by Mr. Solicitor General Hoyt, for the defendant in error in support of the motion, and by Mr. John D. Lindsay, for the plaintiffs in error in opposition thereto. No. 555. The United States, petitioner, vs. V. J. T. B. Hillhouse; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second circuit submitted by Mr. Solicitor General Hoyt for the petitioner, with leave to counsel for respondent to file brief on or before Friday next. No. 524. Norfolk and Western Railway Company, petitioner, vs. Lonella May, administratrix, &c.; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth circuit, submitted by Mr. Theodore W. Reath and Mr. Joseph I. Doran for the petitioner, and by Mr. Clement Manly for the respondent. No. 546. Sailors’ Union of the Pacific et al., petitioners, vs. Hammond Sinclair Company; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth circuit submitted by Mr. Jackson H. Ralston for the petitioner, with leave to Mr. S. S. Burdett to file brief for respondent on or before Friday next. No. 550. Metropolitan Life Insurance Company, petitioner, vs. Camella B. Talbott, administratrix, &c.; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth circuit submitted by Mr. John W. Yerkes, in behalf of Mr. Maurice Locke, for the petitioner, and by Mr. M. L. Crawford for the defendant. No. 551. Owen Ahearn, petitioner, vs. The United States; petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second circuit submitted by Mr. Frederick S. Tyler, for the petitioner, and by Mr. Solicitor General Hoyt, for the respondent. No. 228. The American Surety Company of New York, plaintiff in error, vs. The Akron Savings Bank Company et al.; motions to dismiss or affirm submitted by Mr. John C. Gittings, in support of motions, and by Mr. Frederic D. McKenney, in opposition thereto. No. —, Original. Ex-parte: In the matter of Catherine Schlemmer, petitioner; motion for leave to file petition for writ of mandamus submitted by Mr. Frederic D. McKenney, for petitioner. No. 491. Great Northern Railway Company, petitioner, vs. The United States; leave granted to file brief herein as amicus curiae on motion of Mr. Frederic D. McKenney, in behalf of counsel. Nos. 12 and 388. Henry M. Earle, administrator, &c., appellant, vs. T. Percy Myers et al., administrators, &c.; motion to amend decrees herein submitted by Mr. John C. Gittings and Mr. Henry E. Davis, for the appellants, with leave to Mr. T. Percy Myers, for appellees, to file reply brief within two days. No. 5. United Land Association et al., plaintiffs in error, vs. Lewis Abrahams et al.; motions to dismiss submitted by Mr. Ross Perry for respondents. Attorneys, E. H. Thomas—R. R. Perry & Son. No. 1775. Easterling vs. Horning; judgment reversed with costs and cause remanded for a new trial and such further proceedings as may be consistent with the opinion of the court. Opinion by Mr. Justice Barnard. Attorneys, Wilson & Barksdale—Tucker & Kenyon. No. 1846. Drake, &c., vs. United States ex rel. Bates; order to treat cause as a case of the District of Columbia in the matter of costs. Attorney, E. H. Thomas. Assignments for to-day: Original Docket 283. In the matter of the application of Henry B. F. Macfarland et al.; on hearing Commissioners of the District of Columbia. Attorney, E. H. Thomas. Special calendar. No. 1. William Davis vs. United States. Attorneys, A. S. Worthington—D. W. Baker and Stuart McNamara. No. 4. Joseph Evans vs. United States. Attorneys, R. W. Moore, Crandal Mackay, and D. L. Mackall—D. W. Baker and Stuart McNamara. No. 7. United States ex rel. The Newcomb Motor Company vs. Commissioner of Patents. Attorneys, R. M. Kenyon and W. P. Rogers—Melville Church and P. A. Tennant. No. 8. Edward Leon Thompson vs. United States. Attorneys, Leo Simmons—D. W. Baker. No. 12. Francis C. Hall vs. Anna P. Clapp et al. Attorney, H. E. Davis. No. 15. Edwin W. W. Griffin et al. vs. United States ex rel. Le Cuyer. Attorneys, H. E. Thomas and H. P. Blair. No. 16. District of Columbia vs. Charles Robinson. Attorneys, E. H. Thomas and H. P. Blair. No. 17. Thomas E. Drake ex rel. superintendent of insurance, vs. United States ex rel. James A. Bates et al. Attorneys, E. H. Thomas and F. H. Stephens. No. 18. Johnson vs. District of Columbia. Attorney, E. H. Thomas. DISTRICT COURTS. Court of Appeals. Present, Hon. Seth Shepard, chief justice; Hon. Charles H. Robb, associate justice; Josiah A. Van Orsdel, associate justice, and Justice Job Barnard, associate justice Supreme Court of the District of Columbia. Admissions, John P. McMahon. No. 1786. Quickbear et al. vs. Leupp et al. No. 1787. Leupp et al. vs. Quickbear et al.; mandate ordered to issue forthwith, on motion of Mr. Stuart McNamara, of counsel for Leupp et al. Attorneys, S. M. Brosius and C. C. Binney—D. W. Baker. No. 1772. Seeley vs. Seeley; appeal to Supreme Court of the United States prayed by H. Prescott Gatley, of counsel for appellant, allowed, and bond for costs fixed at $300, and mandate stayed until further orders. Attorneys, H. P. Gatley and Barry Mohun—H. E. Davis. No. 1829. Garfield vs. The United States ex rel. Goldsby; writ of error to Supreme Court of United States ordered to issue on motion of Mr. W. R. Harr, of counsel for appellant, and mandate stayed until further order. Attorneys, W. R. Harr—Kappler & Merrillat. No. 1838. Same vs. United States ex rel. Allison; same attorney, same. No. 1839. Same vs. Same; same attorney, same. Patent appeal No. 479. American Stove Company vs. Detroit Stove Works, et al. No. 483. Barstow Stove Company vs. Same; motion to strike out part of the transcript submitted by Mr. T. E. Robertson, on behalf of counsel for appellees in support of motion, and by Mr. Loual in opposition thereto. Attorneys, H. N. Low. No. 1832 Paolucci vs. United States; mandate recalled, and stayed until further order on motion of Mr. R. H. Yeatman, of counsel for appellant. Attorneys, Lambert & McLean, F. C. Taylor—D. W. Baker. Patent appeal No. 444. In re application of Roscoe L. Chase et al.; passed until March. Attorneys, J. G. Meyers, A. V. Cushman, and G. W. Rea—F. A. Tennant. No. 451. In re application of Thomas M. Gardiner; same. Attorneys, James Hamilton—W. S. Knickman. No. 467. Lotz vs. Kenney; same. Attorneys, S. T. Cannon, Keene Lewis, C. A. L. Massie—V. M. Dorsey and Thomas Ewing. No. 481. Hall’s Safe Company vs. Herring-Hall Marion Safe Company; same. Attorney, G. R. Hamlin. No. 285, original docket. In re application of Henry B. F. Macfarland et al.; argument commenced by Mr. F. H. Thomas for petitioners; continued. Equity Court No. 1. CHIEF JUSTICE CLABAUGH. No. 27549. Seaboard Air Line Railway vs. Continental Trust Company; order appointing receivers. Attorneys, Herbert & Micou—Lemon & Clotworthy. No. 27222. Rupprecht vs. McNamara; pro confesso vacated. Attorneys, Birney & Woodard—H. E. Davis. No. 27680. Seiler vs. Buckley; order December 19 vacated and cause ordered calendared. Attorneys, W. E. Ambrose—G. W. Drew. There will be a preliminary call of the odd numbered calendared cases in Equity Court No. 1 on Tuesday, January 7, 1908, at 1 p. m. Equity Court No. 2. JUSTICE GOULD. No. 22415. King vs. King; auditor’s report confirmed. Attorneys, I. B. Linton—J. A. Johnson. No. 23392. Maguire vs. Burke; pro confesso made absolute. Attorneys, Charles Earl, A. A. Lipscomb, and C. A. Keigwin. No. 27510. Webb vs. Webb; rule as to alimony returnable January 16, 1908. Attorneys, Campbell Carrington—H. B. Moulton. No. 23929. Wollard vs. Stimetetz; substitution of trustee ordered. Attorney, H. B. Moulton. No. 23338. Miller vs. Middleton; pro confesso ordered. Attorneys, Bates Warren and B. F. Leighton. No. 25642. Sheehy vs. District of Columbia; time to take testimony limited. Attorney, Howard Boyd. No. 27154. Washington vs. Bears; pro confesso vacated. Attorneys, Lester & Price—Sheehy & Sheehy and J. E. Collins. Attorneys in all cases ready for hearing in Equity Court No. 2 will notify the clerk of Equity Court No. 2. Circuit Court No. 1. JUSTICE WRIGHT. No. 49441. Kaufmann vs. Metzler et al.; order prolonging October term, 1907, to and including February 3, 1908, to settle bill of exceptions. Attorneys, J. I. Peyser and M. J. Colbert—Leon Tobriner. No. 49429. Evans vs. Washington Railway and Electric Company; on trial. Attorneys, R. F. Downing and G. A. Berry—J. J. Darlington and C. A. Douglas. No. 49113. Schneider vs. American Bridge Company; time to file transcript of record extended to February 1, 1908, inclusive. Attorneys, R. P. Evans, F. H. Benson, and W. W. Poultney—J. G. Capers and R. S. Huidekoper. Assignments for to-day: No. 239. Patch vs. Washington Railway and Electric Company. Attorneys, McNeill & McNeill—C. A. Douglas and G. P. Hoover. No. 241. Johnson et al. vs. Behread. Attorneys, W. C. Clephane—J. J. Darlington and R. B. Behrend. No. 243. Glichner vs. Hill. Attorneys, L. J. Mather—W. A. Johnston. No. 245. McDonald vs. Johnson jr. Attorneys, L. J. Mather—McKenney & Flannery. No. 246. Ross vs. Same. Attorneys, same. No. 247. Hurd vs. Johnson, jr. Attorneys, L. J. Mather—McKenney & Flannery. No. 248. Williams vs. Johnson, jr. Attorneys, same. No. 249. Catholic University vs. Waggaman et al. Attorneys, Hamilton, Colbert, Yerkes & Hamilton—John Selden. No. 251. Brewer vs. District of Columbia. Attorneys, Edwin Forrest—E. H. Thomas. No. 255. Johnson et al. vs. Waters et al. Attorneys, W. C. Clephane—M. J. Colbert. Circuit Court No. 2. JUSTICE ANDERSON. No. 49621. International Trust Company vs. Spencer; on trial. Attorneys, W. C. Clephane—J. S. Easby-Smith. No. 49627. Bodner vs. Baltimore and Ohio Railroad Company; verdict for plaintiff for $2,500. Attorneys, Arthur Peter—Hamilton, Colbert, Yerkes & Hamilton. No. 49018. Pitts vs. Edmonston; term prolonged thirty-eight days. Attorneys, R. P. Downing, G. A. Berry, and J. V. Coughlan—Gittings & Chamberlain. No. 49021. Haller Wall Paper Company vs. Elmore; judgment on verdict. Attorneys, W. C. Prentiss and Nelson Wilson—Birney & Woodard. Assignment for to-day: No. 116. Grady vs. Washington Gaslight Company. Attorneys, Douglas & Douglas—McKenney & Flannery. No. 206. International Trust Company vs. Howard. Attorneys, W. C. Clephane—B. H. Warner, jr.
