257 U.S. Cases Disposed of Without Consideration by the Court.
No. 128. SOUTHERN EXPRESS COMPANY v. P. B. SPIGENER, AS TREASURER OF RICHLAND COUNTY. Error to the Supreme Court of the State of South Carolina. January 26, 1922. Dismissed with costs, per stipulation. Mr. Douglas McKay and Mr. Robert C. Alston for plaintiff in error. Mr. Samuel M. Wolfe for defendant in error.
No. 94. PUBLIC SERVICE ELECTRIC COMPANY ET AL. v. TOWN OF WESTFIELD. Appeal from the District Court of the United States for the District of New Jersey. January 30, 1922. Dismissed, with costs to be paid by the appellee, per stipulation, on motion of counsel for appellants. Mr. Frank Bergen for appellants. Mr. Paul E. Oliver for appellees.
No. 240. WALKER D. HINES, DIRECTOR GENERAL OF RAILROADS, ET AL. v. FRED MAULDIN. Error to the Supreme Court of the State of Arkansas. January 30, 1922. Judgment reversed, per stipulation, and cause remanded for further proceedings. Mr. Edgar B. Kinsworthy and Mr. Robert E. Wiley for plaintiffs in error. Mr. W. F. Denman for defendant in error.
No. 424. GEORGE WASHINGTON PACE v. FRED G. ZERBST, WARDEN, ETC. Appeal from the District Court of the United States for the Northern District of Georgia. February 27, 1922. Dismissed with costs, on motion of appellant. Mr. George Washington Pace pro se. The Attorney General for appellee.
ABATEMENT. See Parties, 1, 2.
Of estates. See Bonds, 2, 3; Taxation, II, 5–7.
ADMINISTRATIVE DECISIONS. See Anti-Trust Acts, 4, 5;
Army, 1; Customs Law, 1, 4-6; Interstate Commerce Acts;
Jurisdiction, I; IV, 12; Public Lands, I.
1. Jurisdiction. Prohibition, lies to restrain District Court
from exceeding jurisdiction in admiralty. The Western
Maid ...
2. Id. Personal Injury. Action for damages for death due
to negligence not maintainable under general maritime law.
Western Fuel Co. v. Garcia....
3. Id. State Remedies. Admiralty courts will entertain
libel in personam under state law for death resulting from
maritime tort committed on navigable waters within a State.
Id.
4. Id. Limitations. When state statute applies. Id.
5. Id. Contract and Tort. In contract matters jurisdiction
depends upon nature of transaction; in tort, upon locality.
It extends to action for tort committed on vessel in process of
construction when lying on navigable waters within a State.
Grant Smith-Porter Co. v. Rohde.....
6. Id. State Law; Non-maritime Contract; Personal In-
jury. Oregon Workmen's Compensation Law, accepted by
employer and employee, held applicable where contract for
construction was non-maritime and employment had no di-
rect relation to commerce or navigation. Id.
7. Id. Remedy in Admiralty Superseded. In view of its
exclusive features, Oregon Act abrogated right of employee to
recover damages in admiralty, which otherwise would exist.
Id.
8. Public Vessels; Collision. Neither on general principle,
nor under Shipping Act or Suits in Admiralty Act, is United
States liable for collision by vessel owned by it absolutely or
pro hac vice and employed in public purpose. The Western
Maid
9. Id. Merchant Vessels Distinguished. Vessels (a) owned
by United States and assigned to War Department for
transporting foodstuffs to Europe for civilian relief, and
(b) chartered to United States on a bare-boat basis and
devoted to military uses, held of public status. Id.
10. Id. Immunity from Maritime Tort. United States is
bound by maritime law only in so far as it has consented;
it has not consented to be sued for torts, and this immunity
extends to its public vessels, while employed in government
operations. Id.
11. Id. Ship's Personality. Liability for tort cannot be
fastened upon public vessels by fiction of ship's personality,
to lie dormant while they remain with Government and be-
come enforceable when they pass into other hands. Id.
ADMISSION. See Jurisdiction, III, 19; IV, 8.
ADVERSE POSSESSION. See Boundaries, 10.
AGENTS. See Constitutional Law, VIII, 7; Corporations;
Jurisdiction, II; Mails, 2.
1. Trade Association. Association of lumber manufactur-
ers, for purpose of interchange through central office of
trade information, found from evidence to have been actu-
ated by purpose and to have had effect of restricting com-
petition, by curtailing production and increasing prices, and
held unlawful. American Column & Lumber Co. v. United
States
2. Re-sale Prices. Trader may refuse to sell to those who
do not observe re-sale prices; he may not, by contracts,
express or implied, obstruct natural flow of interstate com-
Federal Trade Comm. v. Beech-Nut Co.......
3. Id. Unfair Competition; Federal Trade Commission
Act. Public policy of Sherman Act considered in determin-
ing "unfair methods of competition" within Federal Trade
Commission Act. Id.
ANTI-TRUST ACTS-Continued.
4. Id. Authority of Commission, to suppress plan of mer-
chandising which tends to hinder competition or to create
monopoly. Id.
5. Id. Injunction. Practice designed to maintain re-sale
prices and withhold products from those who do not con-
form, although there was no contract for fixing or maintain-
ing re-sale prices, enjoined, upon order of Commission, as un-
fair. Id.
6. Clayton Act; Labor Disputes; Injunction. Conclusion
that Arizona law regulating injunctions in labor controver-
sies is in part unconstitutional, does not mean that § 20,
Clayton Act, similarly worded but differently construed, is
also invalid. Truax v. Corrigan___
7. Id. Retroactive Law. No vested right in injunction
granted in labor controversy where case pending in Court
of Appeals when Clayton Act was passed. American
Foundries v. Tri-City Council.....
8. Id. Irreparable Injury. Business of employer protected
by § 20. Id.
9. Id. Strangers, who are neither ex-employees nor seeking
employment, cannot invoke § 20. Id.
10. Id. Peaceful Persuasion. Section 20, forbidding injunc-
tions against peaceful persuasion, merely declares what was
always best equity practice. Id.
11. Id. Intimidation. Freedom of workmen from intimi-
dation and right of employer to free access by them to place
of employment. Id.
12. Id. Picketing of employer's plant by groups, resulting
in violence, held unlawful and to be enjoined eo nomine,
without adding the words "in a threatening and intimidating
manner." Id.
13. Id. Injunction broadly forbidding ex-employees from
persuading employees and would-be employees to leave em-
ployment, conflicts with Clayton Act. Id.
APPEAL AND ERROR. See Jurisdiction; Procedure.
APPOINTMENT. See Army; Officers and Employees, 3-8.
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