Decisions Per Curiam, Etc. 257 U.S. gued October 18, 1921. Decided November 7, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Brolan v. United States, 236 U. S. 216, 217– 218; Sugarman v. United States, 249 U. S. 182, 185. Mr. Hannis Taylor for appellant. Mr. William C. Herron with whom Mr. Assistant Attorney General Stewart and Mr. H. S. Ridgely were on the brief, for appellees. No. 111. JULIA BOYLAN ET AL. v. UNITED STATES. Error to the Circuit Court of Appeals for the Second Circuit. Motion to dismiss submitted October 24, 1921. Decided November 7, 1921. Per Curiam. Dismissed for want of jurisdiction, due to failure to apply for writ of error within the statutory period which began with the date of the entry of the final judgment of the Circuit Court of Appeals to which the writ of error issued, and not with date of the entry of the judgment in the District Court under the mandate of the Circuit Court of Appeals. Act of September 6, 1916, c. 448, § 6, 39 Stat. 726, 727. Mr. William F. Santry and Mr. E. Leland Hunt for plaintiffs in Mr. Solicitor General Beck and Mr. Assistant Attorney General Riter for the United States. No., Original. Ex parte: IN THE MATTER OF BRADY W. WARNER, PETITIONER. Submitted November 7, 1921. Decided November 14, 1921. Motion for leave to file petition for a writ of mandamus herein denied. Mr. Frans E. Lindquist for petitioner. No. 369. LEHIGH VALLEY RAILROAD COMPANY v. ALLIED MACHINERY COMPANY OF AMERICA. Error to the Circuit Court of Appeals for the Second Circuit. Motion to dismiss or affirm submitted November 7, 1921. Decided November 14, 1921. Per Curiam. Dismissed for 257 U.S. Decisions Per Curiam, Etc. want of jurisdiction upon the authority of Shulthis v. McDougal, 225 U. S. 561; Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577, 578. Mr. Edgar H. Boles, Mr. Charles A. Boston, Mr. George S. Hobart and Mr. Lindley M. Garrison for plaintiff in error. Mr. Hartwell Cabell for defendant in error. No., Original. THE TEXAS-CHEROKEES AND ASSOCIATE BANDS V. STATE OF TEXAS. Motion for leave to file bill of complaint submitted November 14, 1921. Decided November 21, 1921. Per Curiam. The motion for leave to file an original bill of complaint in this case is denied upon authority of Cherokee Nation v. Georgia, 5 Pet. 1. Mr. William Sulzer for complainant. No. 616. JOHN HILL JR., ET AL. v. HENRY C. WALLACE, SECRETARY OF AGRICULTURE, ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. Motion to advance and for an order preserving status quo submitted November 15, 1921. Order entered November 21, 1921. ORDER.-Motion to advance herein is granted, and the case is set for January 3, 1922, after the cases specially set for that day; and it is ordered, the appellees not objecting, that the Board of Trade of the City of Chicago and its directors, appellees, are restrained from seeking or accepting from the Secretary of Agriculture a designation of said board of trade as a "contract market " under the Act of Congress approved August 24, 1921, entitled "The Future Trading Act," or from admitting to membership in said board any representative of any coöperative association of producers as required by said act, or from modifying its rules or by-laws, as required by said Future Trading Act, in order to entitle said board of trade to be Decisions Per Curiam, Etc. 257 U.S. designated as a "contract market," and from otherwise complying with the terms of said act prior to the final judgment of the court herein. Also, that during the pendency of said cause in this court and for twenty (20) days after final judgment herein the appellees, Henry C. Wallace, Secretary of Agriculture of the United States; David H. Blair, Commissioner of Internal Revenue of the United States; Charles F. Clyne, United States District Attorney for the Northern District of Illinois; and John C. Cannon, Collector of Internal Revenue for the First District of Illinois, and each of their successors in office, are restrained from collecting, or attempting to collect, by suit, criminal prosecution, or otherwise, from appellants, or any other member of said board of trade, any tax or penalty which may have accrued or been incurred under said Future Trading Act, or from taking during said period any other steps against said board of trade or any of its members to enforce or compel their compliance with, or punish for noncompliance with, any of the provisions of said Trading Act. This order is made upon condition that within ten (10) days herefrom the appellants execute unto the appellees herein and file in this cause a good and sufficient bond in the sum of twenty-five thousand dollars ($25,000), with sureties to be approved by the clerk of this court, and conditioned that the appellants will promptly pay any and all damages which may be suffered by the appellees herein, or any of them, by reason of the granting or continuance of this order, if it is ultimately adjudged that the said Future Trading Act is a valid act in whole or in part. Mr. Henry S. Robbins for appellants. Mr. Solicitor General Beck for appellees. [For order modifying the above, see ante, 310.] No. 20, Original. STATE OF OKLAHOMA V. STATE OF TEXAS. November 21, 1921. Order entered authorizing payments to counsel and to the receiver. 257 U.S. Decisions Per Curiam, Etc. No. 61. CITY OF CHICAGO v. CHICAGO RAILWAYS COMPANY ET AL. Error to the Supreme Court of the State of Illinois. Argued November 8, 9, 1921. Decided November 21, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394; Chicago v. Dempcy, 250 U. S. 651. Mr. Chester E. Cleveland, with whom Mr. Samuel A. Ettelson and Mr. George B. Gillespie were on the brief, for plaintiff in error. Mr. Harry P. Weber, with whom Mr. W. W. Gurley, Mr. James M. Sheean and Mr. George W. Miller were on the brief, for defendants in error. No. 64. LEOPOLD STERNBERGER ET AL. v. CONTINENTAL MINES, POWER & REDUCTION COMPANY. Error to the Supreme Court of the State of Colorado. Submitted November 15, 1921. Decided November 21, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Toop v. Ulysses Land Co., 237 U. S. 580, 582, 583; Piedmont Power & Light Co. v. Graham, 253 U. S. 193, 195. Mr. Norton Montgomery for plaintiffs in error. Mr. Morrison Shafroth for defendant in error. No. 66. CORNELIUS C. WATTS ET AL. v. STATE OF ARIZONA AT THE RELATION, ETC., OF IGNATIUS BURGOON, TREASURER, ETC. Error to the Supreme Court of the State of Arizona. Argued November 16, 1921. Decided November 21, 1921. Per Curiam. Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. S. L. Kingan and Mr. Joseph W. Bailey, with whom Mr. Herbert Noble, Mr. Hartwell P. Heath and Mr. Conrad H. Syme were on the brief, for plaintiffs in Decisions Per Curiam, Etc. 257 U.S. error. Mr. Leslie C. Hardy, with whom Mr. W. J. Galbraith was on the brief, for defendant in error. No. 72. EASTMAN JONES, A MINOR, ETC. v. H. O. SEIFFERT ET AL. Error to the Supreme Court of the State of Oklahoma. Submitted November 17, 1921. Decided November 21, 1921. Per Curiam. Dismissed for want of jurisdiction. Section 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, § 2, 39 Stat. 726; Jett Bros. Distilling Co. v. Carrollton, 252 U. S. 1, 5-6. Mr. W. F. Semple and Mr. W. E. Utterback for plaintiff in error. Mr. W. Y. Dilley and Mr. C. S. Arnold for defendants in error. No. 362. KRAUSS BROTHERS LUMBER COMPANY V. BOARD OF ASSESSORS FOR THE PARISH OF ORLEANS ET AL. Error to the Supreme Court of the State of Louisiana. Motion to dismiss or affirm submitted November 21, 1921. Decided December 5, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of: (1) Equitable Life Assurance Society v. Brown, 187 U. S. 308, 314; Consolidated Turnpike Co. v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600; Pennsylvania Hospital v. Philadelphia, 245 U. S. 20, 24. (2) Brown v. Houston, 114 U. S. 622; Coe v. Errol, 116 U. S. 517; American Steel & Wire Co. v. Speed, 192 U. S. 500; Bacon v. Illinois, 227 U. S. 504, 514. Mr. Burt W. Henry for plaintiff in error. Mr. Harry P. Sneed and Mr. J. D. Moore for defendants in error. [See post, 636.] No. 560. TowNSHIP OF AVON ET AL. v. DETROIT UNITED RAILWAY. Error to the Supreme Court of the State of Michigan. Motion to dismiss or affirm submitted December 5, 1921. Decided December 12, 1921. Per Curiam. |