No. 94. ST. LOUIS, IRON MOUNTAIN & SOUTHERN RAILWAY COMPANY et al. appellants, v. The SOUTHERN COTTON OIL COMPANY; and No. 304. UNITED STATES FIDELITY &ceived during the period stated and the five GUARANTY COMPANY, plaintiff in error, v. dollars per day which it is adjudged he was The STATE OF OKLAHOMA et al. April 16, entitled to receive during the said period. 1919. See, also, 168 Pac. 234. Mr. C. B. Ames, of Oklahoma City, Okl., for plaintiff in error. Mr. S. P. Freeling, of Oklahoma City, Okl., for defendant in error. Expiration of the terms of office of R. L. Williams, governor; J. L. Lyon, as secretary of state; E. B. Howard, as auditor; Frank Gault, as president of the Board of Agriculture of the State of Oklahoma, suggested, and appearance of J. B. A. Robertson, governor; Joe S. Morris, as secretary of state; F. C. Carter, as auditor; and J. W. Whitehurst, as president of the Board of Agriculture of the State of Oklahoma, as parties plaintiffs in error, filed and entered, per stipulation, and on motion of Mr. C. B. Ames for the plaintiffs in error. No. 95. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY et al., appellants, v. The SOUTHERN COTTON OIL COMPANY. April 21, 1919. For former opinion, see 249 U. S. 134, 39 Sup. Ct. 237, 63 L. Ed. 517. Messrs. J. M. Moore and George A. McConnell, both of Little Rock, Ark., for appellants. Motion to modify decree in these cases denied. (249 U. S. 590) No. 163. CENTRAL OF GEORGIA RAILWAY COMPANY, plaintiff in error, v. William A. WRIGHT, Comptroller General, etc. April 21, 1919. For former opinion, see 248 U. S. 525, 39 Sup. Ct. 181, 63 L. Ed. 401, which reverses 146 Ga. 406, 91 S. E. 471. Messrs. A. R. Lawton and T. M. Cunningham, both of Savannah, Ga., for plaintiff in error. Messrs. John C. Hart, of Atlanta, Ga., and Samuel H. Sibley, of Union Point, Ga., for defendant in error. The application to file petition for rehearing is allowed and the rehearing is granted in so far as the validity of the tax in question is involved in or depends upon the charters of the Southwestern and the. Muskogee Railroad and the subsequent relevant legislation. As to all other questions in the case, therefore, the request for leave to file the application for rehearing is denied and the case for rehearing, limited as above stated, is ordered restored to the docket for reargument. No. 185. OKLAHOMA GIN COMPANY, plaintiff in error, v. The STATE OF OKLAHOMA, and No. 494. The OKLAHOMA OPERATING COMPANY, appellant, v. J. E. LOVE et al., etc. April 21, 1919. See, also, 158 Pac. 629. Mr. C. B. Ames, of Oklahoma City, Okl., for appellant. Mr. S. P. Freeling, Atty. Gen., for State of Oklahoma. It is ordered that these cases be restored to the docket for reargument. (249 U. S. 589) No. 80. John H. COCHNOWER, appellant, v. The UNITED STATES. April 21, 1919. Appeal from the Court of Claims. Messrs. L. T. Michener, of Washington, D. C., and William E. Russell, of New York City, for appellant. Mr. Attorney General, for the United States. It is hereby ordered that the judgment in this case entered on January 13, 1919 (248 U. S. 405, 39 Sup. Ct. 137, 63 L. Ed. 328, which No. 202. SOUTHERN OREGON COMreverses judgment, 51 Ct. Cl. 461) be, and the PANY, appellant, v. The UNITED STATES. same is hereby, restated so as to cause the fol- April 21, 1919. For opinion below, see 241 lowing to be substituted therefor: This cause Fed. 16, 154 C. C. A. 16. See, also, 250 U. S. came on to be heard on the transcript of the - 39 Sup. Ct. 6, 63 L. Ed. Mr. John record from the Court of Claims, and was ar- M. Gearin, of Portland, Or., for appellant. Mr. gued by counsel. On consideration whereof, It Attorney General, for the United States. Apis now here ordered and adjudged by this court peal from the United States Circuit Court of that the judgment of the said Court of Claims Appeals for the Ninth Circuit considering the in this cause be, and the same is hereby, re- suggestion made to the court by the parties to versed, and that this cause be, and the same the above-entitled cause, that all matters of is hereby, remanded to the said Court of Claims difference between them arising out of the subwith directions to enter a judgment for the ject matter of this litigation have been satisclaimant for compensation for his services at factorily adjusted and settled pursuant to the the rate of one dollar per day from the first of provisions of the act of Congress approved FebJuly, 1910, to the thirtieth of June, 1913, in-ruary 26, 1919, entitled "An act to accept from clusive; that is, so as to make up the difference the Southern Oregon Company, a corporation between the four dollars per day actually re-organized under the laws of the State of Ore gon, a reconveyance of the lands granted to the State of Oregon by the act approved March 3, 1869, entitled 'An act granting lands to the State of Oregon to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, in said state,' commonly known as the Coos Bay Wagon Road grant, to provide for the disposition of said lands, and for other purposes," and, further, considering the joint motion by the said parties to remand the cause. It is hereby ordered that this cause be, and the same is hereby, remanded to the district court, with authority in that court to modify the final decree in the cause so as to carry into effect the said act of Congress of February 26, 1919. (249 U. S. 623) Loughran, of Washington, D. C., for petitioner. Mr. Alex C. King, Sol. Gen., of Atlanta, Ga., for respondent. Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied. (249 U. S. 613) No. 908. E. A. LAUGHTER, petitioner, v. The UNITED STATES of America; and No. 909. E. A. LAUGHTER and W. N. Fisher, petitioners, v. The UNITED STATES of America. April 21, 1919. Messrs. Frank S. Eigin and A. B. Galloway, both of Memphis, Tenn., for petitioner. Messrs. Alex C. King, Sol. Gen., of Atlanta, Ga., and William L. Frierson, Asst. Atty. Gen., for the United States. Petition for writs of certiorari to the United States Circuit Court of Appeals for the (249 U. S. 614) No. 328. James A. MURRAY, plaintiff in Sixth Circuit denied. For opinion below, see error, v. KENTUCKY TRACTION & TER-259 Fed. 94. MINAL COMPANY. April 21, 1919. In error to the Circuit Court of Franklin County, State of Kentucky. For opinion in Court of Appeals, see 176 Ky. 593, 195 S. W. 1119. Mr. T. L. Edelen, of Frankfort, Ky., for plaintiff in error. Dismissed with costs, on motion of counsel for the plaintiff in error. (249 U. S. 613) No. 553. The CENTRAL TRUST COMPANY OF NEW YORK et al., petitioners, v. The TEXAS COMPANY. April 21, 1919. For opinion below, see 250 Fed. 742, 163 C. C. A. 74. Mr. H. M. Garwood, of Houston, Tex., for petitioners. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. (249 U. S. 597) No. 860. FIDELITY TITLE & TRUST COMPANY, ancillary administrator, etc., petitioner, v. The DUBOIS ELECTRIC COMPANY. April 21, 1919. For opinion below, see 253 Fed. 987. Messrs. James R. Sterrett, M. W. Acheson, Jr., and Charles Alvin Jones, all of Pittsburgh, Pa., for petitioner. The motion to reinstate the petition for certiorari, in accordance with the reservation to that effect in the order of March 24, 1919 (249 U. S. 606, 39 Sup. Ct. 290, 63 L. Ed.) is allowed. It is ordered that the writ of certiorari be, and the same is hereby, granted. No. 927. Evalyn CHARLTON, administratrix, etc., petitioner, v. CHESAPEAKE & OHIO RAILWAY COMPANY. April 21, 1919. For opinion below, see 256 Fed. 988. Mr. John Winston Read, of Newport News, Va., for petitioner. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fourth Circuit denied. (249 U. S. 614) No. 934. Eli G. FRANKENSTEIN, petitioner, v. Carl M. JACOBS, trustee, etc. April 21, 1919. Messrs. Bentley & Mente, of Cincinnati, Ohio, for petitioner. Messrs. De Camp & Sutphin, Walter A. De Camp, and George B. Moormann, all of Cincinnati, Ohio, for respondent Jacobs. Messrs. Sidney G. Stricker, of Cincinnati, Ohio, and Saul S. Myers, of New York City, for Gera Mills. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied. For opinion below, see In re Diamond's Estate, 259 Fed. 70. (249 U. S. 614) No. 935. Charles McKNIGHT, petitioner, v. The UNITED STATES of America. April 21, 1919. For opinion below, see 252 Fed. 687. Messrs. Benjamin B. Blakeney and James H. Maxey, both of Tulsa, Okl., for petitioner. Messrs. Alex. C. King, Sol. Gen., of Atlanta, Ga., and William L. Frierson, Assist. Atty. Gen., for the United States. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. (249 U. S. 614) No. 940. Edna M. RAWLS, petitioner, v. The PENN MUTUAL LIFE INSURANCE COMPANY OF PHILADELPHIA. April 21, 1919. For opinion below, see 253 Fed. 725. Messrs. John S. Maxwell and George C. Bedell, both of Jacksonville, Fla., for petitioner. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. (249 U. S. 597) No. 949. The UNITED STATES, petitioner, v. NORTHERN PACIFIC RAILWAY COMPANY. April 21, 1919. For opinion below, see Petition for a writ of certio255 Fed. 655. rari to the United States Circuit Court of Appeals for the Eighth Circuit granted. (249 U. S. 614) No. 954. W. D. RENFRO, petitioner, v. | District of Kansas. Mr. J. W. Dana, of KanCharles OLENTINE et al. April 21, 1919. sas City, Mo., for Kansas City Gas Co. and For opinion below, see 178 Pac. 119. Messrs. others. Mr. Charles Blood Smith, of Topeka, Napoleon B. Maxey and John B. Campbell, both | Kan., for Fidelity Title & Trust Co. Mr. of Muskogee, Okl., for petitioner. Messrs. Floyd E. Harper, of Leavenworth, Kan. (Mr. William W. Noffsinger and Geo. S. Ramsey, Thomas F. Doran, of Topeka, Kan., of counboth of Muskogee, Okl., for respondent. Peti- sel), for Leavenworth, Light, Heat & Power tion for a writ of certiorari to the Supreme Co. Messrs. John H. Atwood, of Kansas City, Court of the State of Oklahoma denied. No. 2, original. COMMONWEALTH OF VIRGINIA, complainant, V. STATE OF WEST VIRGINIA. April 28, 1919. See, also, 246 U. S. 565, 38 Sup. Ct. 400, 62 L. Ed. 883. Messrs. Wm. A. Anderson of Lexington, Va., Holmes Conrad, of Winchester, Va., Randolph Harrison, of Lexington, Va., and Samuel W. Williams, of Roanoke, Va., for complainant. Messrs. W. Mollohan, G. W. McClintic, and C. W. May, all of Charleston, W. Va., Chas. E. Hogg, of Point Pleasant, W. Va., J. G. Carlisle, of Washington, D. C., and John C. Spooner, of New York City, for respondent. Motion for the appointment of receivers and of a special master. The motion for the appointment of receivers and of a special master is denied. No. 202. Mo., Robert Stone, of Topeka, Kan., and Chester I. Long, of Wichita, Kan., for Landon. Mr. John J. Jones, of Chanute, Kan., for Sharitt. Messrs. R. A. Brown, of St. Joseph, Mo., and T. S. Salathiel, of Independence, Kan., for Kansas Natural Gas Co. Mr. J. M. Chaliss, of Atchison, Kan. (Mr. W. P. Waggener, of Atchison, Kan., of counsel), for Atchison Railway, Light & Power Co. Mr. Charles A. Loomis, of Kansas City, Mo., for petitioners and appellees. In these cases it is ordered that the decree entered March 17, 1919 (249 U. S. 236, 39 Sup. Ct. 268, 63 L. Ed. 577), be vacated and decree now entered as follows: The decrees below are reversed and the cause is remanded to the trial court with directions to hear it anew and determine all the issues involved, including those arising on the several bills, cross bills, and answers in the nature of cross bills, in conformity with the views expressed in the opinion of this court; and to take such further proceedings as may be appropriate and consistent with such opinion. All temporary injunctions in force at the time of the entry of the decrees from which appeals were taken here shall be continued in force until otherwise ordered. The costs in this court will be paid one-half by John M. Landon, receiver of the Kansas Natural Gas Company, and the remainder shall be paid, one-third by each of the three groups of appellants. (249 U. S. 591) No. 388. Webb C. HAYES, plaintiff in error, V. The HOCKING VALLEY RAILWAY COMPANY. April 28, 1919. In error to the Supreme Court of the State of Ohio. For opinion below, see 96 Ohio St. 598, 118 N. E. 1083. Mr. Chas. A. Seiders, of Toledo, Ohio, for plaintiff in error. Messrs. John F. Wilson, of Columbus, Ohio, and Lloyd T. Williams, of Toledo, Ohio (Messrs. Wilson & Rector, of Columbus, Ohio, and Brown, Geddes, Schmettau & WilMr. John Mliams, of Toledo, Ohio, of counsel), for defendant in error. SOUTHERN OREGON COMPA NY. appellant, v. The UNITED STATES. Gearin, of Portland, Or., for complainant, (249 U. S. 590) No. 277. The PUBLIC UTILITIES COMMISSION FOR STATE OF KANSAS et al., appellants, v. John M. LANDON, as receiver of the Kansas Natural Gas Company et al.; No. 329. KANSAS CITY, MISSOURI, et al., appellants, v. John M. LANDON, receiver, etc., et al.; No. 330. KANSAS CITY GAS COMPANY et al., appellants, v. KANSAS NATURAL GAS COMPANY et al.; and No. 353. The PUBLIC UTILITIES COMMISSION for STATE OF KANSAS et al., appellants, v. John M. LANDON, as receiver, etc., et al. April 28, 1919. Appeals from the District Court of the United States for the PER CURIAM. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100, 25 Sup. Ct. 727, 50 L. Ed. 101; Empire State-Idaho Mining Co. v. Hanley, 205 U, S. 225, 232, 27 Sup. Ct. 476, 51 L. Ed. 779; Goodrich v. Ferris, 214 U. S. 71, 79, 29 Sup. Ct. 580, 53 L. Ed. 914; Brolan v. United States, 236 U. S. 216, 218, 35 Sup. Ct. 285, 59 L. Ed. 544. (249 U. S. 592) No. 504. FENTRESS COAL & COKE COMPANY, plaintiff in error, v. Beecher ELMORE. April 28, 1919. In error to the District Court of the United States for the MidMr. W. B. Miller, dle District of Tennessee. of Chattanooga, Tenn., for plaintiff in error. PER CURIAM. Dismissed for want of jurisdiction upon the authority of Aspen Mining & Smelting Co. v. Billings, 150 U. S. 31, 37, (249 U. S. 615) 14 Sup. Ct. 4, 37 L. Ed. 986; Brown v. Alton No. 972. ILLINOIS CENTRAL RAIL Water Co., 222 U. S. 325, 32 Sup. Ct. 156, 56 ROAD COMPANY, petitioner, V. FIRST L. Ed. 221; Metropolitan Water Co. v. Kaw TRUST COMPANY; Valley District, 223 U. S. 519, 32 Sup. Ct. 246, No. 973. CHICAGO & NORTH WESTERN 56 L. Ed. 533; Union Trust Co. v. Westhus, RAILWAY COMPANY, petitioner, v. FIRST 228 U. S. 519, 33 Sup. Ct. 593, 57 L. Ed. 947; | TRUST COMPANY; and Shapiro v. United States, 235 U. S. 412, 35 Sup. Ct. 122, 59 L. Ed. 291. See Omaha Baum Iron Store Co. v. Moline Plow Co., 244 U. S. 650, 37 Sup. Ct. 743, 61 L. Ed. 1371. (249 U. S. 592) No. 644. B. F. MEHARG, plaintiff in error, v. ALABAMA POWER COMPANY. April 28, 1919. In error to the Supreme Court of the State of Alabama. For opinion below, see 78 South, 909. Messrs. Thomas W. Martin, of Montgomery, Ala., and O. R. Hood, of Gadsden, Ala. (Messrs. Knox, Acker, Dixon & Sims, of Talladega, Ala., and Percy, Benners & Burr, of Birmingham, Ala., of counsel), for defendant in error. PER CURIAM. Dismissed for want of jurisdiction upon the authority of section 237 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1156), as amended by the act of September 6, 1916, chap. 448, § 2, 39 Stat. 726 (Comp. St. § 1214). No. 974. NORTHERN PACIFIC RAILWAY COMPANY, petitioner, V. FIRST TRUST COMPANY. April 28, 1919. For opinion below, see 252 Fed. 965. Messrs. Charles A. Helsell, of Fort Dodge, Iowa, and James C. Davis, of Chicago, Ill., for petitioners. Mr. Denis M. Kelleher, of Fort Dodge, Iowa, for respondent. Petition for writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. (249 U. S. 623) No. 999. Elizabeth A. PENDLETON, administratrix of William Bailey, deceased, appellant, v. The UNITED STATES. April 28, 1919. Appeal from the Court of Claims. Mr. Alex C. King, Sol. Gen., of Atlanta, Ga., for the United States. Docketed and dismissed, on motion of Mr. Solicitor General King for the appellee. (249 U. S. 597) No. 803. Thomas P. KENNEY, as administrator, etc., petitioner, v. SUPREME LODGE OF THE WORLD, LOYAL ORDER OF MOOSE. April 28, 1919. For opinion below, see 285 Ill. 188, 120 N. E. 631. Petition for a writ of certiorari to the Supreme Court of the State of Illinois granted. No. 343. Robert L. COLEMAN, as administrator, et al., appellants, v. The UNITED STATES. April 29, 1919. Mr. H. T. Newcomb, of New York City, for appellants. Mr. Alex C. King, Sol. Gen., of Atlanta, Ga., for the United States. Death of Robert L. Coleman suggested, and ordered that cause proceed in the name of surviving appellant, on motion of Mr. H. T. Newcomb for the appellants. (249 U. S. 615) (249 U. S. 623) No. 900. W. F. HALLOWELL, petitioner, v. No. 366. OCCIDENTAL CONSTRUCTION The UNITED STATES of America. April COMPANY, plaintiff in error, v. The UNITED 28. 1919. For opinion below, see 253 Fed. 865. Messrs. Edwin E. Heckbert and William STATES of America. April 30, 1919. In error to the United States Circuit Court of ApP. Richardson, both of Portland, Or., for peti-peals for the Ninth Circuit. For opinion betioner. Mr. Claude R. Porter, of Centerville, low, see 245 Fed. 817, 158 C. C. A. 157. DisIowa, and Mr. Assistant Attorney General, for the United States. Petition for a writ of certio- missed, on authority of counsel for the plaintiff rari to the United States Circuit Court of Appeals for the Ninth Circuit denied. in error. (249 U. S. 394) No., Original. Ex parte In the matter of MECCANO, Limited, petitioner. May 5, 1919. Motion for leave to file petition for a writ of mandamus or a writ of prohibition denied. (249 U. S. 593) No. 335. Dan B. ZIMMERMAN, plaintiff in error, v. CORSON COUNTY, SOUTH DAKOTA, et al. May 5, 1919. In error to the Supreme Court of the State of South Dakota. For opinion below, see 39 S. D. 167, 163 N. W. 711. Mr. William G. Porter, of Aberdeen, S. D., for plaintiff in error. Mr. Clarence C. Caldwell, of Sioux Falls, S. D., for defendant in error. PER CURIAM. Dismissed for want of jurisdiction upon the authority of (1) section 237 of the Judicial Code (Act March 3, 1911, c 231, 36 Stat. 1156), as amended by the act of Interlocutory injunction granted upon the givSeptember 6, 1916 (ch. 448, § 2, 39 Stat. 726 ing of bond in the sum of $1,000, to be approv [Comp. St. § 1214]); (2) Consolidated Turn-ed by the clerk of this court. pike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 326, 334, 33 Sup. Ct. 510, 57 L. Ed. 857; St. Louis & San Francisco R. R. Co. v. Shepherd, 240 U. S. 240, 241, 36 Sup. Ct. 274, 60 L. Ed. 622; Bilby et al. v. Stewart, 246 U. S. 255, 257, 38 Sup. Ct. 264, 62 L. Ed. 701. (249 U. S. 593) No. 359. LOUISIANA WESTERN RAILROAD COMPANY, plaintiff in error, v. The CITY OF CROWLEY. May 5, 1919. In error to the Supreme Court of the State of Louisiana. For opinion below, see 142 La. 640, 77 South. 486. Messrs. George Denegre and Victor Leovy, both of New Orleans, La., Philip S. Pugh, of Crowley, La., and Henry H. Chaffe, of New Orleans, La., for plaintiff in error. PER CURIAM. Dismissed for want of jurisdiction upon the authority of (1) Consolidated Turnpike Co. v. Norfolk, etc., Ry. Co., 228 U. S. 596, 599, 33 Sup. Ct. 605, 57 L. Ed. 982; Municipal Securities Corporation v. Kansas City, 246 U. S. 63, 69, 38 Sup. Ct. 224, 62 L. Ed. 579; Bilby v. Stewart, 246 U. S. 255, 257, 38 Sup. Ct. 264, 62 L. Ed. 701; (2) Stearns v. Minnesota ex rel. Marr, 179 U. S. 223, 21 Sup. Ct. 73, 45 L. Ed. 162; Board of Liquidation v. Louisiana ex rel. Wilder, 179 U. S. 622, 21 Sup. Ct. 263, 45 L. Ed. 347. (249 U. S. 592) No. 382. SOUTHERN PACIFIC COMPANY, plaintiff in error, v. J. V. TERRY. May 5, 1919. In error to the Supreme Court of the State of California; and No. 383. SOUTHERN PACIFIC COMPANY, plaintiff in error, v. J. V. TERRY. In error to the District Court of Appeal, Second Appellate District, State of California. For opinion below, see 34 Cal. App. 330, 169 Pac. 86. See, also, 176 Cal. 584, 169 Pac. 354. Messrs. Henry T. Gage and William I. Gilbert, both of Los Angeles, Cal., for plaintiff in error. Mr. Frederick S. Tyler, of Washington, D. C., for defendant in error. PER CURIAM. Dismissed for want of jurisdiction upon the authority of section 237 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1156), as amended by the act of September 6, 1916, chap. 448, § 2, 39 Stat. 726 (Comp. St. § 1214). (249 U. S. 618) No. 399. Enrique Flores MAGON and Ricardo Flores Magon, petitioners, v. The UNITED STATES of America. May 5, 1919. For opinion below, see 248 Fed. 201, 160 C. C. A. 279. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit denied. No. 920. Frank C. THORNTON and The Cleveland Stamping and Tool Company, plaintiffs in error, v. Thomas J. DUFFY and Herbert L. Eliot, members of and composing the Industrial Commission of Ohio. May 5, 1919. (249 U. S. 616) No. 956. MISSISSIPPI CENTRAL RAILROAD COMPANY, petitioner, v. Laura LOTT, administratrix, etc. May 5, 1919. For opinion below, see 80 South. 277. Petition for a writ of certiorari to Supreme Court of the State of Mississippi denied. |