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Decisions Per Curiam, Etc.

304 U.S.

No. 511. NEW NEGRO ALLIANCE ET AL. v. SANITARY GROCERY CO. April 25, 1938. It is ordered that the opinion in this cause be amended (1) by striking out the last three sentences in the first full paragraph on page 5 and substituting therefor the following: "The Court of Appeals thought that the dispute was not a labor dispute within the Norris-LaGuardia Act because it did not involve terms and conditions of employment such as wages, hours, unionization or betterment of working conditions, and that the trial court, therefore, had jurisdiction to issue the injunction. We think the conclusion that the dispute was not a labor dispute within the meaning of the Act, because it did not involve terms and conditions of employment in the sense of wages, hours, unionization or betterment of working conditions is erroneous.";

(2) By striking out of the second full paragraph on page 6 the first and second sentences and so much of the third sentence as reads: "In the first place" and starting a new sentence with a capital "T";

(3) By striking out the words "In the second place" in the fourth sentence in the second full paragraph on page 6 and beginning the sentence with a capital "T." Opinion reported as amended, 303 U. S. 552.

Nos. 715 and 716. WRIGHT v. UNION CENTRAL LIFE INSURANCE Co. April 25, 1938. In view of the Act of August 24, 1937 (50 Stat. 751), the Court hereby certifies to the Attorney General of the United States that the constitutionality of § 75 of the Bankruptcy Act, as amended by the Act of August 28, 1935 (49 Stat. 942), is drawn in question in this cause. Messrs. Samuel E. Cook, Wm. Lemke, Elmer McClain, and Ray M. Foreman for petitioner. Messrs. Louis M. Mantynband, Stanley K. Henshaw, and Virgie D. Parish for respondent. Reported below: 91 F. 2d 894.

304 U.S.

Decisions Per Curiam, Etc.

No. 978. AMERICAN NATIONAL BANK v. AMES ET AL. April 25, 1938. It is ordered that execution pursuant to the judgment of the Supreme Court of Appeals of Virginia entered in this cause be, and the same is hereby, stayed pending action upon the petition for writ of certiorari. Messrs. George P. Barse, Tazewell Taylor, and L. E. Birdzell for petitioner. Messrs. Wm. G. Maupin and James E. Heath for respondent. Reported below: 169 Va. 711; 194 S. E. 784.

No. 960. ARIZONA PUBLISHING Co. v. O'NEIL ET AL., MEMBERS OF AND CONSTITUTING THE STATE TAX COMMISSION OF ARIZONA. Appeal from the District Court of the United States for the District of Arizona. Decided May 2, 1938. Per Curiam: The judgment is affirmed. Grosjean v. American Press Co., 297 U. S. 233, 250; Associated Press v. Labor Board, 301 U. S. 103, 133; Giragi v. Moore, 301 U. S. 670. Messrs. Elisha Hanson and John Mason Ross for appellant. Mr. Allan K. Perry for appellees. Reported below: 22 F. Supp. 117.

No., original. EX PARTE ELZA G. WYATT. May 2, 1938. The motion for leave to file petition for writ of habeas corpus is denied.

No. 18, original. EX PARTE TINKOFF. May 2, 1938. Motion for leave to proceed in forma pauperis granted. Motion for leave to file petition for writ of certiorari also granted. Paysoff Tinkoff, pro se.

No. 891. PHILADELPHIA V. UNION TRACTION Co. May 2, 1938. The application for writ of certiorari to the

Decisions Per Curiam, Etc.

304 U. S.

Circuit Court of Appeals for the Third Circuit is dismissed as premature. Craig v. United States, 298 U. S. 637; Continental Oil Co. v. United States, 299 U. S. 510. Mr. G. Coe Farrier for petitioner. Messrs. Francis Shunk Brown and Joseph Gilfillan for respondent.

No. 9, original. NEBRASKA v. WYOMING ET AL. May 2, 1938. After argument on the motion of the United States for leave to intervene and on the objections of the several States thereto, it was ordered that a proposed form of order be prepared by counsel and submitted for the consideration of the Court.

No. 215. TAX COMMISSION v. WILBUR ET AL., CO-TRUSTEES. Certiorari, 302 U. S. 668, to the Court of Appeals of Cuyahoga County, Ohio. Argued January 6, 1938. Decided May 16, 1938. Per Curiam: The writ of certiorari is dismissed as it appears upon argument that the judgment sought to be reviewed rests upon a non-federal ground adequate to support it. Cuyahoga Power Co. v. Northern Realty Co., 244 U. S. 300, 303, 304; Knights of Pythias v. Meyer, 265 U. S. 30, 32, 33; Lynch v. New York, 293 U. S. 52, 54, 55. Messrs. A. F. O'Neil, First Assistant Attorney General of Ohio, and Will P. Stephenson, with whom Messrs. Herbert S. Duffy, Attorney General of Ohio, and W. H. Middleton, Jr. were on the brief, for petitioner. Mr. Edwin H. Chaney, with whom Messrs. Harold T. Clark, Atlee Pomerene, and Howard L. Barkdull were on the brief, for respondents. By leave of Court, Mr. Mortimer M. Kassell filed a brief on behalf of the Tax Commission of the State of New York, as amicus curiae, in support of the petitioner.

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Decisions Per Curiam, Etc.

NORTHERN PACIFIC R. Co. ET AL. v. UNITED

STATES ET AL.; and

No.. SCHMIDT ET AL. V. UNITED STATES ET AL. May 16, 1938. The applications, presented to the Chief Justice and referred by him to the Court, are denied.

No., original. EX PARTE CLARENCE M. BRUMMITT;

and

No. original. Ex PARTE JOSEPH J. MCCARTHY. May 16, 1938. Applications denied.

No. 9, original. NEBRASKA v. WYOMING ET AL. Argued May 2, 1938. Decided May 16, 1938. The United States having moved for leave to intervene herein, and the States of Nebraska, Wyoming, and Colorado having filed their objections to the granting of such motion, and the Court having heard argument by counsel upon the motion and objections;

It is now here ordered and adjudged as follows:

1. The motion of the United States for leave to intervene as a party herein is granted;

2. The United States shall have leave to file a petition of intervention within thirty days, with leave to the States of Nebraska, Wyoming, and Colorado within thirty days thereafter to file their answers thereto;

3. The record and testimony already received and exhibits filed shall stand as against the United States as the record of evidence in the cause to this date; but the United States shall be permitted to introduce such evidence as it may deem necessary to correct and supplement such testimony and exhibits;

81638°-38- -35

Decisions Per Curiam, Etc.

304 U.S.

4. This order shall be without prejudice to the determination on final decree of any of the substantive questions of law or fact advanced or to be advanced by any of the parties herein;

5. The States of Nebraska, Wyoming, and Colorado agree, and it is hereby ordered that, the United States may amend its petition at any time hereafter during the proceedings herein;

6. The orders heretofore entered with respect to reference to the Special Master are hereby extended to include the issues raised or to be raised by the intervention of the United States.

No. 1, original. GEORGIA v. TENNESSEE COPPER CO. ET AL. May 16, 1938. Decree entered vacating all orders and decrees which have heretofore been entered in this cause against The Ducktown Sulphur, Copper & Iron Company, Ltd., and Tennessee Copper Company excepting insofar as they relate to the taxation of costs, and the cause dismissed. A rule is ordered to issue returnable on May 26, next, requiring the Ducktown Chemical & Iron Company to show cause why it should not pay costs charged against the defendant Ducktown Sulphur, Copper & Iron Company, Ltd. Mr. M. J. Yeomans, Attorney General of Georgia, for complainant. Mr. R. M. McConnell for Tennessee Copper Co.

No. 357. GENERAL TALKING PICTURES CORP. v. WESTERN ELECTRIC CO. ET AL. May 16, 1938. It is ordered that the opinion in this cause be amended by striking from the last sentence of the opinion the word "original" and by inserting in its place the word "continuation," and by striking therefrom the words "the continuation applications" and inserting in their place the word "they." As amended, the sentence reads as follows: "In the absence

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