196 U.S.

Decisions on Petitions for Writs of Certiorari.

certiorari to the United States Circuit Court of Appeals for the First Circuit denied. Mr. Charles P. Searle and Mr. Lee M. Friedman for petitioner. Mr. Frederic D. McKenney for respondents.

No. 512. EDWARD H. HARRIMAN ET AL., PETITIONERS, v. NORTHERN SECURITIES COMPANY. January 30, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit granted. Mr. William D. Guthrie, Mr. R. S. Lovett, Mr. D. T. Watson, Mr. John F. Dillon and Mr. Maxwell Evarts for petitioners. Mr. John G. Johnson, Mr. Elihu Root, Mr. Francis Lynde Stetson and Mr. John W. Griggs for respondent.

No. 467. WILLIAM E. BROWN, PETITIONER, V. THE FIRST NATIONAL BANK OF NEWTON, KANS. February 20, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. Mr. William Eugene Brown for petitioner.

No. 502. I. B. KLEINERT RUBBER COMPANY ET AL., PETITIONERS, V. ALBERT STEIN ET AL. February 20, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit denied. Mr. Louis C. Raegener for petitioners. Mr. James H. Peirce, Mr. George P. Fisher, Jr., and Mr. William Henry Dennis for respondents.

No. 507. AMERICAN ALKALI COMPANY, ETC., PETITIONER, v. PEDRO G. SALOM. February 20, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for VOL. CXCVI-41

Cases Disposed of Without Consideration by the Court. 196 U.S.

the Third Circuit denied. Mr. Reynolds D. Brown for petitioner. Mr. Joseph C. Fraley for respondent.

No. 518. J. CAMPBELL THOMPSON, PETITIONER, v. AUGUSTUS H. SKILLIN, TRUSTEE, ETC. February 20, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit, or other writs, denied. Mr. Roger Foster for petitioner. Mr. William Jno. Barr for respondent.

CASES

DISPOSED OF WITHOUT CONSIDERATION BY THE COURT FROM DECEMBER 13, 1904, TO FEBRUARY 20, 1905.

No. 300. BANQUERO & GANDARA ET AL., APPELLANTS, v. A. RAUSCHEN PLAT. Appeal from the District Court of the United States for the District of Porto Rico. December 19, 1904. Dismissed with costs, on motion of Mr. J. S. Flannery for the appellants. Mr. Frederic D. McKenney and Mr. J. S. Flannery for appellants. No appearance for appellee.

No. 485. CHARLES H. BROOKS, APPELLANT, v. THE UNITED STATES. Appeal from the Circuit Court of the United States for the Southern District of California. January 3, 1905. Docketed and dismissed, on motion of Mr. Solicitor General Hoyt for the appellee. No one opposing.

No. 486. CARL C. L. WULFF, APPELLANT, v. L. LINDSAY ET AL. Appeal from the Supreme Court of the Territory of Arizona. January 3, 1905. Docketed and dismissed with. costs, on motion of Mr. Charles L. Frailey for the appellees. No one opposing.

196 U. S. Cases Disposed of Without Consideration by the Court.

No. 124. WILLIAM R. LYTLE, APPELLANT, v. ADOLPHUS GERALD, CHIEF OF POLICE OF THE CITY OF MONTGOMERY, ALA. Appeal from the Circuit Court of the United States for the Middle District of Alabama. January 9, 1905. Dismissed with costs, pursuant to the tenth rule. Mr. W. S. Reese, Jr., for appellant. No appearance for appellee.

No. 132. THE TERRITORY OF OKLAHOMA EX REL. OKLAHOMA GAS AND ELECTRIC COMPANY, APPELLANT, v. J. E. DE WOLFE ET AL. Appeal from the Supreme Court of the Territory of Oklahoma. January 16, 1905. Dismissed with costs, on authority of counsel for the appellant. Mr. Charles B. Ames for appellant. No appearance for appellees.

No. 190. THE HARTFORD FIRE INSURANCE COMPANY OF CONNECTICUT ET AL., APPELLANTS, v. JOHN C. PERKINS, COMMISSIONER OF INSURANCE. Appeal from the Circuit Court of the United States for the District of South Dakota. January 17, 1905. Dismissed with costs, on motion of Mr. F. W. McReynolds for the appellants. Mr. Abner E. Hitchcock and Mr. F. W. McReynolds for appellants. No appearance for appellee.

No. 155. ROBERT PHILPOT, APPELLANT, v. FULTON O'BRION ET AL. Appeal from the United States Circuit Court of Appeals for the First Circuit. January 20, 1905. Dismissed with costs, pursuant to the tenth rule. Mr. Edmund A. Whitman for appellant. Mr. Frank H. Stewart for appellees.

No. 127. SOTIRIOS S. LONTOS CHARALAMBIS, APPELLANT,

Cases Disposed of Without Consideration by the Court. 196 U. S. v. WILLIAM WILLIAMS, COMMISSIONER OF IMMIGRATION, ETC., Appeal from the Circuit Court of the United States for the Southern District of New York. January 23, 1905. Dismissed with costs, on authority of counsel for appellant. Mr. Alfred Hayes, Jr., for appellant. The Attorney General for appellee.

No. 181. FRED SANDERS, PLAINTIFF IN ERROR, v. THE COMMONWEALTH OF KENTUCKY. In error to the Court of Appeals of the State of Kentucky. January 30, 1905. Dismissed with costs, per stipulation. Mr. Charles H. Gibson for plaintiff in error. Mr. Napoleon B. Hays for defendant in

error.

No. 187. MAX SCHUBACH, PLAINTIFF IN ERROR, v. WARWICK HOUGH, Judge, etc., et AL. In error to the Supreme Court of the State of Missouri. February 20, 1905. Dismissed with costs, on authority of counsel for the plaintiff in Mr. Henry W. Bond and Mr. Frederick N. Judson for plaintiff in error. Mr. John F. Dillon and Mr. Martin L. Clardy for defendants in error.

error.

No. 252. RICHARD DILLON, PLAINTIFF IN ERROR, v. FRANK MARES. In error to the Supreme Court of the State of Montana. February 20, 1905. Dismissed with costs, on authority of counsel for the plaintiff in error. Mr. Thomas J. Walsh for plaintiff in error. Mr. Henry G. McIntire for defendant in error.

INDEX.

ACCRETION.
See BOUNDARIES.

ACTION.

Suit involving controversy to which judicial power of United States extends.
A proceeding brought by a Kentucky railroad company in the county court

under §§ 835-839, Kentucky Statutes, to condemn lands for a public
use, valued at over $2,000, belonging to a corporation which is a citizen
of another State, is a suit involving a controversy to which the judicial
power of the United States extends within the meaning of the judiciary
clauses of the Constitution and of which the Circuit Court has original
cognizance under § 1 of the judiciary act of 1887 and may be removed
to the Circuit Court of the United States. Traction Company v. Min-
ing Company, 239.

See COMBINATIONS IN, RESTRAINT
OF TRADE;

CONTRACTS, 3;

DAMAGES;

EMINENT DOMAIN, 2;
EXTRADITION, 3;

JURISDICTION, B 2;
NATIONAL BANKS;

PARTIES;

PROCESS;

STATES, 3:
TAXATION, 7

ACTS OF CONGRESS.

ACTIONS, Act of March 3, 1875, 18 Stat. 470 (see Jurisdiction, B 1): Me-
Daniel v. Traylor, 415. Act of February 8, 1899 (see Parties): Cale-
donian Coal Co. v. Baker, 432.

ADMIRALTY, Harter Act, sections 1, 3 (see Maritime Law): The Germanic, 589.
ANTI-TRUST ACT of July 2, 1890 (see Combinations in Restraint of Trade):
Swift and Company v. United States, 375.

ARMY, Rev. Stat. sections 1229, 1342 (see Army): Hartigan v. United States,
169. Rev. Stat. section 1261 (see Navy Personnel Act): United States
v. Crosley, 327.

AUTOMATIC COUPLERS, Act of March 2, 1903, 32 Stat. 943, c. 976 (see
Automatic Couplers, 3): Johnson v. Southern Pacific Co., 1. Act of
March 2, 1893, 27 Stat. 531, c. 196 (see Automatic Couplers, 2): Ib.
BANKRUPTCY, Act of 1898 (see Bankruptcy, 4): Western Tie and Timber
Co. v. Brown, 502. Amendment of February 5, 1903 (see Bank-
ruptcy, 7): Wetmore v. Markoe, 68.

JUDICIARY, Rev. Stat. section 709 (see Bankruptcy, 2): Smalley v. Lauge-
nour, 93; (see Federal Question, 1): Allen v. Alleghany Co., 458. Rev.