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Cases Disposed of Without Consideration by the Court. 276 U. S.

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No. 808. THOMAS W. MILLER v., UNITED STATES. April 9, 1928. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Robert S. Johnstone and Samuel Seabury for petitioner. Solicitor General Mitchell, Assistant to the Attorney General Donovan, and Mr. Charles H. Tuttle for the United States.

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT, FROM JANUARY 4, 1928, TO AND INCLUDING APRIL 9, 1928.

No. 446. CHARLEY HEE, ALIAS DONG Bow HEE, v. UNITED STATES. On writ of certiorari to the Circuit Court of Appeals for the First Circuit. February 20, 1928. Reversed and remanded, per stipulation of counsel, on motion of Solicitor General Mitchell, Assistant Attorney General Luhring and Mr. Harry S. Ridgely for the United States. Messrs. Joseph Fairbanks and Dan F. Reynolds for petitioner.

No. 448. GOON BON JUNE v. UNITED STATES. On writ of certiorari to the Circuit Court of Appeals for the First Circuit. February 20, 1928. Reversed and remanded, per stipulation of counsel, on motion of Solicitor General Mitchell, Assistant Attorney General Luhring and Mr. Frank M. Parrish for the United States. Messrs. Walter Bates Farr and Edward Flint Damon for petitioner.

No. 233. JOHN LAPIQUE, ASSIGNEE OF THE ESTATE OF MIGUEL LEONIS, v. HARRY L. DUNNIGAN ET AL. Appeal from the District Court of the United States for the Southern District of California. February 24, 1928. Dismissed pursuant to the 21st rule. Mr. John Lapique, pro se. Mr. Everett W. Mattoon for appellees.

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The following order, amending the Rules of June 8, 1925, 266 U. S. 653, was made on February 27, 1928, and is here printed in its chronological order. On June 5, 1928, the Rules were revised with important changes, and by order of the Court the revision was printed in Volume 275 U. S. then preparing for press.

ORDER

1. It is now hereby ordered by this court that section 7 of rule 29 of this court be amended by striking therefrom the words "For docketing a case and filing and indorsing the transcript of the record, ten dollars," and inserting in lieu thereof the words "For docketing a case and filing and indorsing the transcript of the record, five dollars."

2. Also, by striking therefrom the words "For preparing the record or a transcript thereof for the printer, in all cases, including records presented with petitions for certiorari, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, eight cents per folio of each one hundred words," and inserting in lieu thereof the words " For preparing the record or a transcript thereof for the printer, in all cases, including records presented with petitions for certiorari, indexing the same, supervising the printing, and distributing the printed copies to the justices, the reporter, the law library, and the parties or their counsel, four cents per folio of each one hundred words," but leaving therein unchanged the words "but where the necessary printed copies of the record as printed for the use of the court below are furnished, charges under this item will be limited to any additions printed here under the clerk's supervision."

3. Also by striking therefrom the words "For making a manuscript copy of the record when required under rule 11, twenty cents per folio of each one hundred words, but nothing in addition for supervising the printing," and inserting in lieu thereof the words "For making a manu

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script copy of the record when required under rule 11, fifteen cents per folio of each one hundred words, but nothing in addition for supervising the printing."

4. Also, by striking therefrom the words "For filing briefs, five dollars for each party appearing," and inserting in lieu thereof the words "For filing briefs, three dollars for each party appearing."

This order shall apply to causes filed here on or after March 1, 1928, but not to causes filed prior to that date.

INDEX

ADMIRALTY. See Contracts.

Page

1. Collision. Master of vessel at fault presumptively negli-
gent and personally liable. Wilson v. Pacific Mail S. S. Co.. 454
2. Id. Vessel not at fault for maintaining course and speed
pursuant to International Rules. Id.

3. Death. Longshoreman knocked from wharf and drowned,
local Workmen's Compensation Act applicable. T. Smith &
Son, Inc. v. Taylor.........

4. Maritime Injury. When cognizable under state compen-
sation law. Alaska Packers Ass'n v. Industrial Accident
Comm'n.....

5. Suits in Admiralty Act furnishes exclusive remedy in suits
against the Fleet Corporation relating to the possession or
operation of merchant vessels. Fleet Corp'n v. Rosenberg
Bros. & Co.....

6. Id. Libels not brought within the time prescribed by
§ 5 are barred. Id.

7. Id. Limitations sufficiently pleaded in exceptions to
libels, need not be pleaded in answers.

ALIENS. See Citizenship.

ALLOTMENTS. See Indians 1-4, 8.

Id.

ANTI-NARCOTIC ACT. See Criminal Law.

1. "Any person" as used in § 2 includes all persons and not
merely those who, by § 1, must register and pay tax. Nigro
v. United States....

179

467

202

332

2. Burden of Proof. Section 1 of the Anti-Narcotic Act is
a regulation of burden of proof. Casey v. United States.... 413

3. Constitutionality of Act upheld. Id.

Nigro v. United States.....

332

4. Is a genuine taxing Act. Id.

ANTI-TRUST ACTS:

1. Consent Decree. Motion to vacate as part of original
cause. Swift & Co. v. United States..

318-28- -41

311

641

ANTI-TRUST ACTS-Continued.

2. Id.

Grounds held insufficient to vacate. Id.

3. Id. Not void because of drastic restraints of future
conduct, vagueness and generality, inconsistency with the
Anti-Trust Act and common law, or improper injunction of
purely intrastate commerce. Id.

4. Id. Consent of Attorney General, within his official dis-
cretion even if erroneous. Id.

5. Supreme Court, District of Columbia, may administer
relief under Anti-Trust Act. Id.

6. Id. Suit under § 4 in equity need not be addressed to
it as "District Court of the United States." Id.

7. Unincorporated Associations suable by their common
names to enforce their liability under Sherman Act. Brown
v. United States..

8. Id. Subpoena duces tecum without ad testificandum
clause may issue and be served on officer of association. Id.
9. Id. Scope, validity, and service of subpoena. Id.

Page.

134

10. See Liberty Warehouse Co. v. Tobacco Growers' Ass'n.. 71
APPEAL AND ERROR. See Jurisdiction II (A) 4; V.
APPEARANCE. See Judgments 3; Jurisdiction I, 3.
APPOINTMENT, POWER OF. See Constitutional Law VII
(A) 11.

ARKANSAS. See Indians 5, 7, 12.

ASSOCIATIONS. See Anti-Trust Acts 7, 8.

ASSUMPTION OF RISK. See Employers' Liability Act 1.
ATTORNEY GENERAL. See Anti-Trust Acts 4; Jurisdiction
I, 6.

ATTORNEYS. See Equity.

1. Fees. See Costs 1-3; Taxation I, 1.

2. Suspension from the Bar as punishment for failure of
Master in Chancery to return fees found excessive by this
Court. In re Gilbert...

... 294

AUTOMOBILES. See Motor Vehicles.
BANKS AND BANKING. See Contracts; Taxation II, 6-8.

Deposits made by County Officer in violation of statute,
liability of surety as to. People of Sioux County v. Naťl
Surety Co.....

238

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