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249 U.S.

Decisions Per Curiam, Etc.

DECISIONS PER CURIAM, FROM MARCH 3, 1919, TO MAY 19, 1919, NOT INCLUDING ACTION ON PETITIONS FOR WRITS OF CERTIORARI.

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No. Original. Ex parte: IN THE MATTER OF ALBERT HERSCHEL DE PROPPER. Suggestion of committee submitted January 27, 1919. Decided March 3, 1919. Order of admission vacated, the name of the respondent to be removed from the rolls, and the certificate evidencing his enrollment canceled. The court expresses its grateful acknowledgment to the committee of the bar for the alacrity with which they responded to the request to take charge of the subject-matter of the rule which has been disposed of by the order just stated, and for the promptness, intelligence, and efficiency with which they discharged their duty. Mr. Albert Herschel de Propper pro se. Mr. Charles W. Needham, Mr. Frederic D. McKenney and Mr. Melville Church, committee of the bar appointed by the court.

No. 206. L. C. WATSON, TRUSTEE IN BANKRUPTCY OF DUNCAN & COMPANY, F. P. DUNCAN and F. A. DUNCAN, BANKRUPTS, v. GEORGE D. MOTLEY. Error to the Supreme Court of the State of Alabama. Submitted January 30, 1919. Decided March 3, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Mr. Rutherford Lapsley for plaintiff in error. Mr. George D. Motley for defendant in error.

No. 223. ALFRED W. CHURCH v. HORACE M. SWETLAND ET AL. Appeal from the Circuit Court of Appeals

Decisions Per Curiam, Etc.

249 U.S.

for the Second Circuit. Motion to dismiss submitted January 27, 1919. Decided March 3, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of: (1) § 128 of the Judicial Code; Stevenson v. Fain, 195 U. S. 165, 166; Hull v. Burr, 234 U. S. 712, 720; St. Anthony Church v. Pennsylvania R. R. Co., 237 U. S. 575, 577; Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444. (2) Farrell v. O'Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218. Mr. Hector M. Hitchings for appellant. Mr. Daniel P. Hays and Mr. John S. Parker for appellees.

No. 356. UNITED STATES EX REL. GEORGE W. BILLERMAN v. MATTHEW J. LONG, CRIMINAL SHERIFF OF THE PARISH OF ORLEANS, STATE OF LOUISIANA. Appeal from the District Court of the United States for the Eastern District of Louisiana. Motion to dismiss submitted January 20, 1919. Decided March 3, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Empire StateIdaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S. 216, 218. Mr. Wm. Winans Wall and Mr. Robert H. Marr for appellant. Mr. Thomas Lee Woolwine for appellee.

No. 161. SOUTHERN PACIFIC COMPANY v. JOHN NEWMAN. Error to the Superior Court of Los Angeles County, State of California. Submitted March 5, 1919. Decided March 10, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial

249 U. S.

Decisions Per Curiam, Etc.

Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Mr. Henry T. Gage, Mr. William I. Gilbert, Mr. Wm. F. Herrin, Mr. Henley C. Booth and Mr. C. F. R. Ogilby for plaintiff in error. Mr. Frank A. Jeffers for defendant in error.

No. 208. STATE OF CALIFORNIA v. MONO COUNTY IRRIGATION COMPANY. Error to the District Court of Appeal, Third Appellate District, State of California. Submitted March 5, 1919. Decided March 10, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Mr. U. S. Webb and Mr. John T. Nourse for plaintiff in error. No appearance for defendant in error.

No. 209. STATE OF CALIFORNIA v. PACIFIC POWER COMPANY. Error to the District Court of Appeal, Third Appellate District, State of California. Submitted March 5, 1919. Decided March 10, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Mr. U. S. Webb and Mr. John T. Nourse for plaintiff in error. No appearance for defendant in error.

No. 606. H. A. JASTRO ET AL. v. ELIAS FRANCIS ET AL. Error to the Supreme Court of the State of New Mexico. Motion to dismiss or affirm or place on summary docket submitted March 3, 1919. Decided March 10, 1919. Per Curiam. Dismissed for want of jurisdiction

Decisions Per Curiam, Etc.

249 U.S.

upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Empire State-Idaho Mining Co. v. Hanley, 205 U. S. 225, 232; Goodrich v. Ferris, 214 U. S. 71, 79; Brolan v. United States, 236 U. S., 216, 218. Mr. Alonzo B. McMillen, Mr. Alexander Britton, Mr. Evans Browne and Mr. F. W. Clements for plaintiffs in error. Mr. Bernard S. Rodey for defendants in error.

No. 682. BESSIE TYRRELL, ETC., v. CHARLES B. SHAFFER ET AL. Certiorari to the Supreme Court of the State of Oklahoma. Submitted March 6, 1919. Decided March 10, 1919. Per Curiam. Affirmed with costs upon the authority of Gilcrease v. McCullough, ante, 178. Mr. Henry B. Martin and Mr. Richard Clyde Allen for petitioners. Mr. Malcolm E. Rosser for respondents.

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No. Original. Ex parte: IN THE MATTER OF JOHN F. DEITZ, PETITIONER. Submitted March 3, 1919. Decided March 10, 1919. Motion for leave to file petition for a writ of habeas corpus herein denied. Mr. Frederick S. Tyler for petitioner.

No. 418. CITY OF CHICAGO ET AL. v. THOMAS E. DEMPCY, AS CHAIRMAN, ETC., ET AL. Error to the Supreme Court of the State of Illinois. Motion to dismiss as to certain plaintiffs in error submitted March 10, 1919. Decided March 17, 1919. Per Curiam. The motion of the Chicago City Railway Company, Chicago Railways Company, Calumet & South Chicago Railway Company, and the Southern Street Railway Company, for leave "to withdraw as plaintiffs in error in said

249 U. S.

Decisions Per Curiam, Etc.

case and to discontinue the writ of error as to them" is granted upon the condition that the exercise of the permission to withdraw shall be a consent to a severance and without prejudice to the right of the City of Chicago to prosecute its writ of error to a final conclusion. Mr. W. W. Gurley, Mr. Harry P. Weber and Mr. George W. Miller for the Railway Companies. Mr. Samuel A. Ettelson and Mr. Chester E. Cleveland for City of Chicago.

No. 373. SUPREME CONCLAVE, IMPROVED ORDER OF HEPTASOPHS, v. WILLIAM MARSHALL WILSON. Error to and on petition for writ of certiorari to the Supreme Court of the State of North Carolina. Argued March 3, 1919. Decided March 17, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Petition for writ of certiorari denied. Mr. George R. Mr. H. La Rue Brown and Mr. W. J. Hughes were on the brief, for plaintiff in error. Mr. Thaddeus A. Adams for defendant in error.

Allen, with whom

No. 226. ANN ARBOR RAILROAD COMPANY v. STEPHEN MANOLOFF. Error to the Court of Appeals, Sixth Appellate District, of the State of Ohio. Argued March 13, 1919. Decided March 17, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. Mr. Alexander L. Smith, for plaintiff in error, submitted. Mr. Albert H. Miller, with whom Mr. A. J. Miller was on the brief, for defendant in error.

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