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257 U.S.

Decisions Per Curiam, Etc.

DECISIONS PER CURIAM, FROM OCTOBER 3, 1921, TO AND INCLUDING FEBRUARY 27, 1922, NOT INCLUDING ACTION ON PETITIONS FOR WRITS OF CERTIORARI.

No. 20, Original. STATE OF OKLAHOMA V. STATE OF TEXAS. Order entered October 5, 1921.

It is ordered that the interveners herein claiming under or through the State of Texas be permitted to appear before the commissioner now taking evidence respecting the true boundary line along the south bank of Red River and to present evidence bearing on that question and in support of their claims; and the evidence so presented shall be subject to rebuttal in the same way and at the same time as that presented by the State of Texas.

No., Original. Ex parte: IN THE MATTER OF MARY ELLEN BAIN, PETITIONER. Submitted October 4, 1921. Decided October 10, 1921. Motion for leave to file petition for a writ of mandamus herein denied. Mr. Samuel Russell for petitioner. Mr. Assistant Attorney General Nebeker in opposition to the petition.

No. 54. JOHN ARMSTRONG CHALONER v. W. GILMER DUNN. Error to the District Court of the United States for the Western District of Virginia. Motion for injunction, and motion to quash injunction and to dismiss writ of error submitted October 4, 1921. Decided October 10, 1921. Dismissed for the want of jurisdiction. Mr. Hollins N. Randolph and Mr. Sidney J. Dudley for plaintiff in error. Mr. W. Gwynn Gardiner for defendant in error.

No. 104. PEOPLE OF THE STATE OF MICHIGAN EX REL. ALEX. J. GROESBECK, ATTORNEY GENERAL, ETC. V. DETROIT

Decisions Per Curiam, Etc.

257 U.S.

UNITED RAILWAY. Error to the Supreme Court of the State of Michigan. Motion to dismiss or affirm submitted October 4, 1921. Decided October 10, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Pawhuska v. Pawhuska Oil & Gas Co., 250 U. S. 394. Mr. Merlin Wiley, Mr. Clare Raton and Mr. Sheridan F. Master for plaintiff in error. Mr. Elliott G. Stevenson and Mr. William L. Carpenter for defendant in error.

No. 158. CORNELIA G. GOODRICH ET AL. v. WEST LUMBER COMPANY. Error to the Supreme Court of the State of Texas. Motion to dismiss or affirm submitted October 4, 1921. Decided October 10, 1921. Per Curiam. Dismissed for want of jurisdiction upon the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369–370. Mr. Hannis Taylor for plaintiffs in error. Mr. H. M. Garwood for defendant in

error.

v. JOHN SLAKER, Error to the SuMotion to dismiss

No. 301. CHARLES O'CONNOR ET AL. ACTING ADMINISTRATOR, ETC., ET AL. preme Court of the State of Nebraska. or affirm submitted October 4, 1921. Decided October 10, 1921. Per Curiam. Dismissed for want of jurisdiction on the ground that there is no federal question presented in the record. Gasquet v. Lapeyre, 242 U. S. 367, 369–370. Mr. James M. Johnson for plaintiffs in error. Mr. Henry H. Wilson, Mr. Elmer J. Burkett and Mr. W. T. Thompson for defendants in error.

No. 353. LOUISIANA RAILWAY & NAVIGATION COMPANY v. R. E. WILLIAMS. Error to the Circuit Court of Appeals for the Fifth Circuit. Motion to dismiss or affirm sub

257 U.S.

Decisions Per Curiam, Etc.

mitted October 4, 1921. Decided October 10, 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, 583; Sugarman v. United States, 249 U. S. 182, 184; with imposition of five per cent. penalty under the 23rd Rule. Mr. E. H. Randolph for plaintiff in error. Mr. S. P. Jones for defendant in error.

No. 20, Original. STATE OF OKLAHOMA V. STATE OF TEXAS. Orders entered October 17, 1921.

Upon the motion of Francis Chanate and others claiming under Indian allotments, they are granted leave to intervene herein and to file the petition of intervention tendered with such motion.

The motion of the Melish Consolidated Placer Mining Association for a modification of the order of June 1, 1921, in so far as it relates to the Burke-Senator well, is denied without prejudice to a renewal of such motion if in the further progress of this cause it becomes necessary or proper to renew the same.

The motion of the Melish Consolidated Placer Mining Association for the return of wells Nos. 152, 153, and 160, to the custody of the receiver, is denied without prejudice to a renewal of such motion if in the further progress of this cause it becomes necessary or proper to renew the

same.

No. 25. ALBERT RENNIE V. JOHN W. GIBSON. Error to the Supreme Court of the State of Oklahoma. Submitted October 6, 1921. Decided October 17, 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.

6267°-22 -44

Decisions Per Curiam, Etc.

257 U.S.

v. City of Carrollton, 252 U. S. 1, 5-6. Mr. John A. McClure for plaintiff in error. Mr. R. B. Brown for defendant in error.

AL.

No. 17. EDWARD C. WARD v. STATE OF WASHINGTON ET Error to the Supreme Court of the State of Washington. Argued October 6, 1921. Decided October 17, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Gasquet v. Lapeyre, 242 U. S. 367, 369–370. Mr. W. F. Magill, with whom Mr. H. S. Wilson, Mr. Donald MacMaster and Mr. Geo. A. Brodie were on the briefs, for plaintiff in error. Mr. L. L. Thompson, with whom Mr. Nat. U. Brown was on the brief, for defendants in error.

No. 171. R. D. LANGAN ET AL. v. CITY OF LOUISVILLE. Error to the Court of Appeals of the State of Kentucky. Argued October 4, 1921. Decided October 17, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of Manhattan Life Insurance Co. v. Cohen, 234 U. S. 123, 136; Consolidated Turnpike v. Norfolk, &c. Ry. Co., 228 U. S. 596, 600. Mr. John Bryce Baskin, with whom Mr. Alex. Pope Humphrey was on the brief, for plaintiffs in error. Mr. Harry E. Tincher, with whom Mr. Jos. S. Lawton and Mr. M. H. Thatcher were on the briefs, for defendant in error.

No. 229. TENNESSEE, ALABAMA & GEORGIA RAILROAD COMPANY V. W. M. DRAKE. Error to the United States Circuit Court of Appeals for the Fifth Circuit. Motion to dismiss submitted October 10, 1921. Decided October 17, 1921. Per Curiam. Dismissed for want of jurisdiction upon the authority of: (1) Delaware, Lackawanna & Western R. R. Co. v. Yurkonis, 238 U. S. 439, 444; (2) Section 3, Act of September 6, 1916, c. 448, 39 Stat. 726,

257 U.S.

Decisions Per Curiam, Etc.

727. Mr. Samuel Bosworth Smith and Mr. George E. Maddox for plaintiff in error. Mr. George Westmoreland for defendant in error.

No.

Original. Ex parte: IN THE MATTER OF OREGON EILERS MUSIC HOUSE, PETITIONER. Submitted October 4, 1921. Decided October 24, 1921. Motion for leave to file petition for a writ of prohibition herein denied. Mr. Will R. King, Mr. Thomas Mannix and Mr. C. A. A. McGee for petitioner. Mr. Levi Cooke and Mr. William C. Bristol for respondent.

No. 370. LEHIGH VALLEY RAILROAD COMPANY V. JOHN LYSAGHT, LIMITED. Error to the Circuit Court of Appeals for the Second Circuit. Motion to dismiss or affirm submitted October 17, 1921. Decided October 24, 1921. Per Curiam. Dismissed for lack of jurisdiction in this court upon the authority of Southern Pacific Co. v. Stewart, 245 U. S. 359. Mr. Charles A. Boston, Mr. Edgar H. Boles, Mr. George S. Hobart and Mr. Lindley M. Garrison for plaintiff in error. Mr. W. Kintzing Post for defendant in error.

No. 43. PHILADELPHIA & READING RAILWAY COMPANY V. AMY SMITH. Certiorari to the Supreme Court of the State of Pennsylvania. Submitted October 17, 1921. Decided November 7, 1921. Per Curiam. Reversed with costs, upon authority of Philadelphia & Reading Ry. Co. v. Di Donato, 256 U. S. 327. Mr. George Gowen Parry for petitioner. Mr. Roscoe R. Koch for respondent.

No. 44. ABDUL SAMAD V. HENRY BEHRANDT, U. S. MARSHAL, ETC., ET AL. Appeal from the District Court of the United States for the Eastern District of Michigan. Ar

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