309 U.S. Decisions Per Curiam, Etc. that the time had passed within which an action could be brought or an amendment allowed setting up such a cause of action. We are of the opinion that this was error and that an opportunity for such an amendment should have been afforded. New York Central & Hudson River R. Co. v. Kinney, 260 U. S. 340. The judgment is vacated and the cause is remanded for further proceedings not inconsistent with this opinion. Mr. Laurence D. Yont, with whom Messrs. Alonzo E. Yont and Henry Lawlor were on the brief, for petitioner. Messrs. Joseph Wentworth and John M. Hall, with whom Mr. John L. Hall was on the brief, for respondent. Reported below: 22 N. E. 2d 33. No.-, original. EX PARTE JOHN BROWN. February 12, 1940. Motion for leave to file petition for writ of habeas corpus denied. No.-, original. EX PARTE CHARLES E. PHILLIPS; and No., original. EX PARTE CLARENCE M. BRUMMETT. February 26, 1940. Motions for leave to file petitions for writs of habeas corpus denied. No., original. EX PARTE WALLACE S. BRANSFORD. February 26, 1940. A rule is ordered to issue, returnable Monday, March 18, next, requiring the respondent to show cause why leave to file the petition for writ of mandamus should not be granted. No.-, original. EX PARTE IRA J. MCCULLOUGH ET AL. February 26, 1940. A rule is ordered to issue, returnable Monday, March 18, next, requiring the respondent to show cause why leave to file the petition for writ of mandamus should not be ge 215234°-40—40 309 U.S. Decisions Per Curiam, Etc. No., original. EX PARTE EDMOND C. FLETCHER. February 26, 1940. Motion for leave to file petition for writ of mandamus denied. Nos.,, original. EX PARTE R. L. SCOTT. February 26, 1940. Motions for leave to file petitions for writs of mandamus denied. No. 476. UNITED STATES v. NORTHERN PACIFIC RAILWAY CO. ET AL.; and No. 477. NORTHERN PACIFIC RAILWAY Co. ET AL. v. UNITED STATES. February 26, 1940. Motion of the Minority Stockholders of the Northern Pacific Railroad Company for leave to appear and present oral argument in these cases denied. No. 210. MORGAN, EXECUTOR, v. COMMISSIONER OF INTERNAL REVENUE. February 26, 1940. The opinion is amended by striking from the first line of the second full paragraph on page 2 the words "it is conceded that", and by striking from the first line of the fourth full paragraph on page 3 the words "it is conceded that". The petition for rehearing is denied. Opinion reported as amended, ante, p. 78. No. 632. CANTWELL ET AL. v. CONNECTICUT. Appeal from the Supreme Court of Errors of Connecticut. February 26, 1940. With respect to the appeal of all appellants from the judgment of the Supreme Court affirming the judgment of conviction on the third count of the information, probable jurisdiction is noted. The appeal of Jesse Cantwell from the judgment of the Supreme 309 U.S. Decisions Per Curiam, Etc.. Court affirming the judgment of conviction on the fifth count is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon that appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code (43 Stat. 936, 938), certiorari is granted. Messrs. Joseph F. Rutherford and Hayden C. Covington for appellants. Messrs. William L. Hadden, Edwin S. Pickett, Francis A. Pallotti, Attorney General of Connecticut, Richard F. Corkey, Assistant Attorney General, and Luke H. Stapleton for appellee. Reported below: 126 Conn. 1; 8 A. 2d 533. No. 730. FRIEDMAN v. MARKENDORF, CHAIRMAN, ET AL. Appeal from the Court of Appeals of Kentucky. March 4, 1940. Per Curiam: The appeal is dismissed for want of a substantial federal question. Gardner v. Massachusetts, 305 U. S. 559; Gray v. Connecticut, 159 U. S. 77; Roschen v. Ward, 279 U. S. 337; Semler v. Dental Examiners, 294 U. S. 608, 611. Mr. John H. Chandler for appellant. Reported below: 280 Ky. 484; 133 S. W. 2d 516. No. 10, original, October Term, 1935. WYOMING V. COLORADO. Argued February 26, 27, 1940. Order entered March 4, 1940. The motion of the State of Wyoming for leave to file a petition for a rule directing the State of Colorado to appear and show cause why it should not be adjudged in contempt for the violation of a decree of this Court is granted. The petition presented is ordered filed, and the State of Colorado is directed to show cause, as aforesaid, on or before March 25, 1940. The motion of the State of Colorado that evidence be taken to determine the amount of r to the Laramie Decisions Per Curiam, Etc. 309 U.S. River from the diversions at the headgates of the meadowland ditches is denied. Mr. Ewing T. Kerr, Attorney General of Wyoming, with whom Messrs. Harold I. Bacheller, Deputy Attorney General, Arthur Kline, Assistant Attorney General, James A. Greenwood, and W. J. Wehrli were on the brief, for the complainant. Mr. Byron G. Rogers, Attorney General of Colorado, with whom Messrs. Ralph L. Carr, Governor, Henry E. Lutz, Deputy Attorney General, Shrader P. Howell, Assistant Attorney General, Albert P. Fischer, Robert G. Smith, Lawrence R. Temple, Clifford H. Stone, and Jean S. Breitenstein were on the brief, for the defendant. No., original. EX PARTE JAMES A. LOVVORN. March 4, 1940. Motion for leave to file petition for writ of habeas corpus denied. No., original. PENNSYLVANIA v. NEW JERSEY ET AL. Argued February 26, 1940. Order entered March 4, 1940. Motion for leave to file a bill of complaint granted and process ordered to issue returnable March 25 next. Mr. Wm. A. Schnader, with whom Mr. Claude T. Reno, Attorney General of Pennsylvania, was on the brief, for the complainant. Mr. John W. Ockford, Assistant Attorney General of New Jersey, for the State of New Jersey; and Mr. Egbert Rosecrans, with whom Mr. Robert B. Meyner was on the brief, for Bessie Colburn et al., defendants. No. 2, original. and WISCONSIN ET AL. v. ILLINOIS ET AL.; No. 4, original. NEW YORK ET AL. V. ILLINOIS ET AL. March 4, 1940. The return to the rule to show cause is 309 U.S. Decisions Per Curiam, Etc. received and ordered filed and the cause is assigned for argument on Monday, March 25 next, on the petition for temporary modification of the decree and the return to the rule to show cause. No. 634. CANTY v. ALABAMA. On petition for writ of certiorari to the Supreme Court of Alabama. March 11, 1940. Per Curiam: Motion for leave to proceed in forma pauperis, and petition for writ of certiorari, granted. The judgment is reversed. Chambers v. Florida, ante, p. 227. Mr. Leon A. Ransom for petitioner. Messrs. Thomas S. Lawson, Attorney General of Alabama, and William H. Loeb, Assistant Attorney General, for respondent. Reported below: 238 Ala. 384; 191 So. 260. No. 664. AMERICAN MANUFACTURING Co. v. NATIONAL LABOR RELATIONS BOARD. On petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit. March 11, 1940. Per Curiam: The petition for writ of certiorari is granted. Section 2 (g) (3) of the order of the Circuit Court of Appeals is modified so as to read as follows: "(3) that the individual contracts of employment entered into between the respondent and some of its employees were made by the respondent in violation of the National Labor Relations Act; and that the respondent will no longer offer, solicit, enter into, continue, enforce, or attempt to enforce such contracts with its employees; but this is without prejudice to the assertion by the employees of any legal rights they may have acquired under such contracts." As so modified the order is affirmed. National Licorice Co. v. National Labor Relations Board, ante, p. 350. |