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Decisions Per Curiam, Etc.

287 U.S.

Messrs. Leslie Nichols and Maurice Bower Saul for appellant. Messrs. M. E. Spencer and A. J. Todd for appellees. Reported below: 125 Oh. St. 531; 182 N. E. 501.

No. 5, original. WISCONSIN ET AL. v. ILLINOIS ET AL.; No. 8, original. MICHIGAN ET AL. v. SAME; and No. 9, original. NEW YORK ET AL. V. SAME. Argued December 5, 6, 1932. Order entered December 19, 1932. Upon consideration of the return of the defendants in the above-entitled causes to the rule issued October 10, 1932, requiring them to show cause why they have not taken appropriate steps to effect compliance with the requirements of the decree of this Court in these causes dated April 21, 1930 (281 U. S. 696), and of the argument had thereon,

IT IS ORDERED that these causes be referred to Edward F. McClennen, Esquire, as a Special Master, with directions and authority to make summary inquiry and to report to the Court on or before April 1, 1933,

(1) as to the causes of the delay in obtaining approval of the construction of controlling works in the Chicago River and the steps which should now be taken to secure such approval and prompt construction;

(2) as to the causes of the delay in providing for the construction of the Southwest Side Treatment Works, and the steps which should now be taken for such construction or, in case of a change in site, for the construction of an adequate substitute;

(3) as to the financial measures on the part of the Sanitary District or the State of Illinois which are reasonable and necessary in order to carry out the decree of this Court.

[This order also authorized the Special Master to employ clerical help; to fix times and places for taking evidence; to issue subpoenas to witnesses, including those of

287 U.S.

Decisions Per Curiam, Etc.

his own selection, and to administer oaths. There were other provisions as to the printing and hearing of his report; as to the fixing and charging of his pay and allowances; and permitting another appointment by the CHIEF JUSTICE in case of a failure to accept or a vacancy during recess.]

Messrs. Henry N. Benson, Attorney General of Minnesota, Gilbert Bettman, Attorney General of Ohio, and Raymond T. Jackson, with whom Messrs. John W. Reynolds, Attorney General of Wisconsin, Herbert H. Naujoks, Assistant Attorney General, Herman L. Ekern, and Paul W. Voorhies, Attorney General of Michigan, were on the brief, for plaintiffs. Messrs. William Rothmann and Joseph B. Fleming, with whom Messrs. Oscar E. Carlstrom, Attorney General of Illinois, and Frank Johnston, Jr., were on the brief, for defendants.

No. 15, original. WYOMING v. COLORADO. Motion submitted December 12, 1932. Decided December 19, 1932. [On consideration of the joint motion and stipulation of counsel for the respective parties in this cause, E. O. Whittington, Esq., is appointed Special Commissioner to take and return the testimony for the plaintiff; and J. Howard Carpenter, Esq., Special Commissioner to take and return the testimony offered by defendant. They are to have the powers of a Master, but not to make findings of fact or state conclusions of law. The order makes provision as to the time when the testimony shall be taken (to begin on April 3, 1933) and as to the pay and travel of the Commissioners.] Mr. James A. Greenwood, Attorney General of Wyoming, for plaintiff. Mr. Clarence L. Ireland, Attorney General of Colorado, for defendant.

No. 441. LEACH v. CALIFORNIA. Appeal from the Supreme Court of California. Jurisdictional statement submitted December 17, 1932. Decided January 9, 1933.

Decisions Granting Certiorari.

287 U.S.

Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Hall v. Geiger-Jones Co., 242 U. S. 539; Caldwell v. Sioux Falls Stock Yards Co., 242 U. S. 559; Merrick v. N. W. Halsey & Co., 242 U. S. 568; Sloman v. Security Trust Co., 281 U. S. 704; Waters-Pierce Oil Co. v. Texas (No. 1), 212 U. S. 86, 109; Bandini Co. v. Superior Court, 284 U. S. 8, 18; Sproles v. Binford, 286 U. S. 374, 393. Mr. Jesse I. Miller for appellant. Messrs. U. S. Webb and Tracy Chatfield Becker for appellee. Reported below: 215 Cal. 536; 12 P. (2d) 3.

No.-, original. NEW JERSEY V. PENNSYLVANIA. Rule to show cause issued November 14, 1932. Return to rule presented December 19, 1932. Decided January 9, 1933. On consideration of the return to the rule to show cause it is ordered that the motion for leave to file the bill of complaint herein be, and the same hereby is, denied. Messrs. Wm. A. Stevens, Attorney General of New Jersey, Duane E. Minard, Assistant Attorney General, and Wm. A. Moore for complainant. Messrs. Wm. A. Schnader, Attorney General of Pennsylvania, and Herman J. Goldberg, Deputy Attorney General, for defendant.

No. -, original. EX PARTE LAMKIN ET AL. Motion submitted December 19, 1932. Decided January 9, 1933. Motion for leave to file petition for writ of mandamus denied. Mr. Wm. R. Watkins for petitioners.

DECISIONS GRANTING CERTIORARI, FROM OCTOBER 3, 1932, TO AND INCLUDING JANUARY 9, 1933.

No. 53. GREAT NORTHERN RY. Co. v. SUNBURST OIL & REFINING Co. October 10, 1932. Petition for writ of certiorari to the Supreme Court of Montana granted.

287 U.S.

Decisions Granting Certiorari.

Messrs. R. J. Hagman and J. P. Plunkett for petitioner. Mr. George E. Hurd for respondent. Reported below: 91 Mont. 216; 7 P. (2d) 927.

No. 63. DICKSON ET AL v. UHLMANN GRAIN CO. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. S. J. Jones for petitioners. Messrs. Paul R. Stinson, Arthur Mag, and Roy B. Thompson for respondent. Reported below: 56 F. (2d) 525.

No. 82. Cook v. UNITED STATES. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. Edmund M. Toland for petitioner. Solicitor General Thacher, Assistant Attorney General Youngquist, and Messrs. Whitney North Seymour and A. W. Henderson for the United States. Reported below: 56 F. (2d) 921.

No. 90. BAINBRIDGE v. MERCHANTS & MINERS TRANSPORTATION Co. October 10, 1932. Petition for writ of certiorari to the Supreme Court of Pennsylvania granted. Mr. Thomas D. McBride for petitioner. Mr. Howard H. Yocum for respondent. Reported below: 306 Pa. 204;

159 Atl. 19.

No. 110. COSTANZO v. TILLINGHAST, U. S. COMMISSIONER. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. William H. Lewis for petitioner. Solicitor General Thacher and Messrs. Whitney North Seymour, Harry S. Ridgely, and Albert E. Reitzel for respondent. Reported below: 56 F. (2d) 566.

Decisions Granting Certiorari.

287 U.S.

No. 131. AMERICAN SURETY Co. v. MAROTTA. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals for the First Circuit granted. Mr. Harry LeBaron Sampson for petitioner. Mr. George I. Cohen for respondent. Reported below: 57 F. (2d) 829.

No. 137. AETNA LIFE INSURANCE CO. ET AL. v. MOSES. October 10, 1932. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Messrs. Charles W. Arth and Leonard J. Ganse for petitioners. Messrs. Merritt U. Hayden, H. Clay Espey, and James O'Donnell Moran for respondent. Reported below: 61 App. D. C. 74; 57 F. (2d) 440.

No. 141. UNITED STATES v. FACTORS & FINANCE Co. October 10, 1932. Petition for writ of certiorari to the Court of Claims granted. Solicitor General Thacher, Assistant Attorney General Rugg, and Messrs. Whitney North Seymour, George H. Foster, John A. Rees, and Wm. H. Riley, Jr., for the United States. Mr. J. Gilmer Korner, Jr., for respondent. Reported below: 73 Ct. Cls. 707; 56 F. (2d) 902.

No. 147. HAWKS ET AL. v. HAMILL ET AL. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted. Messrs. J. Berry King and W. C. Lewis for petitioners. Messrs. Charles B. Cochran and Lessing Rosenthal for respondents. Reported below: 58 F. (2d) 41.

No. 163. ATLANTIC CITY ELECTRIC Co. v. COMMISSIONER OF INTERNAL REVENUE. October 10, 1932. Petition for writ of certiorari to the Circuit Court of Appeals

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