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249 U.S.

Decisions Per Curiam, Etc.

ment submitted March 10, 1919. Decided April 21, 1919. It is hereby ordered that the judgment in this case entered on January 13, 1919, be, and the same is hereby, restated so as to cause the following to be substituted therefor: This cause came on to be heard on the transcript of the record from the Court of Claims, and was argued by counsel. On consideration whereof, It is now here ordered and adjudged by this court that the judgment of the said Court of Claims in this cause be, and the same is hereby, reversed, and that this cause be, and the same is hereby, remanded to the said Court of Claims with directions to enter a judgment for the claimant for compensation for his services at the rate of one dollar per day from the first of July, 1910, to the thirtieth of June, 1913, inclusive; that is, so as to make up the difference between the four dollars per day actually received during the period stated and the five dollars per day which it is adjudged he was entitled to receive during the said period. Mr. L. T. Michener and Mr. William E. Russell for appellant. Mr. Assistant Attorney General Thompson and Mr. Harvey D. Jacob for the United States. See 248 U. S. 405.

No. 202. SOUTHERN OREGON COMPANY v. UNITED STATES. Appeal from the Circuit Court of Appeals for the Ninth Circuit. Joint motion to remand submitted March 24, 1919. Decided April 21, 1919. Considering the suggestion made to the court by the parties to the above-entitled cause, that all matters of difference between them arising out of the subject-matter of this litigation have been satisfactorily adjusted and settled pursuant to the provisions of the Act of Congress approved February 26, 1919, entitled "An Act To accept from the Southern Oregon Company, a corporation organized under the laws of the State of Oregon, a reconveyance of the

Decisions Per Curiam, Etc.

249 U. S.

lands granted to the State of Oregon by the Act approved March third, eighteen hundred and sixty-nine, entitled 'An Act granting lands to the State of Oregon to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, in said State,' commonly known as the Coos Bay Wagon Road grant, to provide for the disposition of said lands, and for other purposes," and, further, considering the joint motion by the said parties to remand the cause, It is hereby ordered that this cause be, and the same is hereby, remanded to the District Court, with authority in that court to modify the final decree in the cause so as to carry into effect the said Act of Congress of February 26, 1919. Mr. John M. Gearin for appellant. The Solicitor General for the United States.

No. 163. CENTRAL OF GEORGIA RAILWAY COMPANY v. WILLIAM A. WRIGHT, COMPTROLLER GENERAL OF THE STATE OF GEORGIA. Restored to the docket for partial rehearing April 21, 1919. The application to file petition for rehearing is allowed and the rehearing is granted in so far as the validity of the tax in question is involved in or depends upon the charters of the Southwestern and the Muskogee Railroad and the subsequent relevant legislation. As to all other questions in the case, therefore, the request for leave to file the application for rehearing is denied and the case for rehearing, limited as above stated, is ordered restored to the docket for reargument. Mr. A. R. Lawton and Mr. T. M. Cunningham, Jr., for plaintiff in error. Mr. John C. Hart and Mr. Samuel H. Sibley for defendant in error. See 248 U. S. 525.

No. 277. PUBLIC UTILITIES COMMISSION FOR THE STATE OF KANSAS ET AL. v. JOHN M. LANDON, RECEIVER OF THE KANSAS NATURAL GAS COMPANY, ET AL.;

249 U. S.

Decisions Per Curiam, Etc.

No. 329. KANSAS CITY, MISSOURI, ET AL. v. JOHN M. LANDON, RECEIVER OF THE KANSAS NATURAL GAS COMPANY, ET AL.;

No. 330. KANSAS CITY GAS COMPANY ET al. v. KanSAS NATURAL GAS COMPANY ET AL.; and

No. 353. PUBLIC UTILITIES COMMISSION FOR THE STATE OF KANSAS ET AL. v. JOHN M. LANDON, RECEIVER OF THE KANSAS NATURAL GAS COMPANY, ET AL. Appeals from the District Court of the United States for the District of Kansas. Decree of March 17, 1919, vacated April 28, 1919. In these cases it is ordered that the decree entered March 17, 1919, be vacated and decree now entered as follows: The decrees below are reversed and the cause is remanded to the trial court with directions to hear it anew and determine all the issues involved, including those arising on the several bills, cross bills, and answers in the nature of cross bills, in conformity with the views expressed in the opinion of this court; and to take such further proceedings as may appropriate and consistent with such opinion. All temporary injunctions in force at the time of the entry of the decrees from which appeals were taken here shall be continued in force until otherwise ordered. The costs in this court will be paid one-half by John M. Landon, receiver of the Kansas Natural Gas Company, and the remainder shall be paid, one-third by each of the three groups of appellants.

[For the opinion of the court and names of counsel, see ante, 236.]

No. 388. WEBB C. HAYES v. HOCKING VALLEY RAILWAY COMPANY. Error to the Supreme Court of the State of Ohio. Motion to dismiss submitted April 21, 1919. Decided April 28, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of Farrell v. O'Brien, 199 U. S. 89, 100; Empire State-Idaho Mining

Decisions Per Curiam, Etc.

249 U.S.

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. Charles A. Seiders for plaintiff in error. Mr. Clarence Brown, Mr. John F. Wilson and Mr. Lloyd T. Williams for defendant in error.

No. 644. B. F. MEHARG v. ALABAMA POWER COMPANY. Error to the Supreme Court of the State of Alabama. Motion to dismiss submitted April 21, 1919. Decided April 28, 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. Oscar W. Underwood and Mr. D. H. Riddle for plaintiff in error. Mr. Thomas W. Martin and Mr. O. R. Hood for defendant in error.

v.

No. 504. FENTRESS COAL & COKE COMPANY BEECHER ELMORE. Error to the District Court of the United States for the Middle District of Tennessee. Motion to dismiss or affirm submitted April 21, 1919. Decided April 28, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of Aspen Mining & Smelting Co. v. Billings, 150 U. S. 31, 37; Brown v. Alton Water Co., 222 U. S. 325; Metropolitan Water Co. v. Kaw Valley District, 223 U. S. 519; Union Trust Co. v. Westhus, 228 U. S. 519; Shapiro v. United States, 235 U. S. 412. See Omaha Baum Iron Store Co. v. Moline Plow Co., 244 U. S. 650. Mr. W. B. Miller for plaintiff in error. Mr. John F. McNutt for defendant in error.

No. 382. SOUTHERN PACIFIC COMPANY v. J. V. TERRY. Error to the Supreme Court of the State of California; and

249 U.S.

Decisions Per Curiam, Etc.

No. 383. SOUTHERN PACIFIC COMPANY v. J. V. TERRY. Error to the District Court of Appeal, Second Appellate District, State of California. Argued May 1, 1919. Decided May 5, 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. C. F. R. Ogilby, with whom Mr. Henry T. Gage, Mr. William I. Gilbert and Mr. William F. Herrin were on the brief, for plaintiff in error. Mr. Frederick S. Tyler, for defendant in error, submitted.

No. 359. LOUISIANA WESTERN RAILROAD COMPANY v. CITY OF CROWLEY. Error to the Supreme Court of the State of Louisiana. Submitted April 29, 1919. Decided May 5, 1919. Per Curiam. Dismissed for want of jurisdiction upon the authority of: (1) Consolidated Turnpike Co. v. Norfolk &c. Ry. Co. 228 U. S. 596, 599; Municipal Securities Corporation v. Kansas City, 246 U. S. 63, 69; Bilby v. Stewart, 246 U. S. 255, 257. (2) Stearns v. Minnesota, 179 U. S. 223; Board of Liquidation v. Louisiana, 179 U. S. 622. Mr. George Denegre, Mr. Victor Leovy, Mr. Philip S. Pugh and Mr. Henry H. Chaffe for plaintiff in error. Mr. P. J. Chappuis and Mr. A. P. Holt for defendant in error.

No. 335. DAN B. ZIMMERMAN v. CORSON COUNTY, SOUTH DAKOTA, ET AL. Error to the Supreme Court of the State of South Dakota. Submitted April 25, 1919. Decided May 5, 1919. Per curiam. Dismissed for want of jurisdiction upon the authority of: (1) § 237 of the Judicial Code, as amended by the Act of September 6, 1916, c. 448, 39 Stat. 726. (2) Consolidated Turnpike Co.

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