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309 U.S. Decisions Per Curiam, Etc.

return to the order to show cause is treated as an answer to the petition. The District Judge is directed to vacate the order dated January 15, 1940, in the cases of Kammerer Corporation and Baash-Ross Tool Company v. Ira J. McCullough et al., and Ira J. McCullough v. BaashRoss Tool Company and Kammerer Corporation, referring these cases to a Master for trial. It is further ordered that the trial of these cases be had by the District Court in due course without postponement of the trial to that of other cases not entitled to a preference, but with such arrangement as to the particular Judge who shall conduct the trial as may be consistent with the court's convenience. Rules of Civil Procedure, Rule 53 (b); Los Angeles Brush. Manufacturing Co. v. James, 272 U. S. 701. Mr. Ford W. Harris for petitioners. Messrs. Frederick S. Lyon, Leonard S. Lyon, and Henry S. Richmond for respondent.

No. —, original. Ex PARTE GLEN W. SHAFER; and

No. —, original. Ex PARTE ARTHUR E. HANSEN. April 1, 1940. The motions for leave to file petitions for writs of habeas corpus are denied.

No. —, original. Ex PARTE J. C. MooRE. April 1, 1940. Motion for leave to file petition for writ of mandamus denied.

No. 10, original. TEXAs v. NEw MEXICO ET AL. April 1, 1940. The motion of the complainant to apply funds in the registry of the Court to reimburse El Paso County Water Improvement District No. 1 for costs advanced by said District is denied, and the amount remaining in the registry of the Court is directed to be paid to the Attorney General of the State for such disposition as the State may require.

Decisions Per Curiam, Etc. 300 U.S.

No. 13, original. PENNsylvania v. NEw JERSEY ET AL. April 1, 1940. The answers are received and ordered filed. The cause is set for hearing on the Bill of Complaint and Answers and assigned for argument on Monday, April 22, next.

No. 674. UNITED STATES v. APPALACHIAN ELECTRIC Power Co. April 1, 1940. Motion of the Commonwealth of Virginia for leave to intervene denied, with permission to file a brief and participate in oral argument as amicus curiae. MR. CHIEF JUSTICE HUGHEs took no part in the consideration or decision of this application. Reported below: 23 F. Supp. 83.

No. 2, original. WISCONSIN ET AL. v. ILLINois ET AL.;
No. 3, original. MICHIGAN v. ILLINOIs ET AL.; and
No. 4, original. NEw York v. ILLINois ET AL. April
3, 1940.
ORDER.

Upon consideration of the return of the States who are complainants in the above entitled causes to the rule issued January 29, 1940, requiring them to show cause why the petition of the State of Illinois for temporary modification of the decree of this Court entered April 21, 1930, and enlarged May 22, 1933, should not be granted, and of the argument had thereon,

IT IS ORDERED that the petition of the State of Illinois and the return of the complainant States to the order to show cause be referred to Monte M. Lemann, Esquire, as a Special Master, with directions and authority to make summary inquiry and to report to this Court with all convenient speed with respect to the actual condition of the Illinois Waterway by reason of the introduction of untreated sewage, and whether, and to what extent, if

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309 U. S. Decisions Per Curiam, Etc.

any, that condition constitutes an actual menace to the health of the inhabitants of the complaining communities, and also with respect to the feasibility of remedial or ameliorating measures available to the State of Illinois without an increase in the diversion of water from Lake Michigan. The Special Master is authorized to employ stenographic and clerical help, to fix times and places for taking evidence, to issue subpoenas to witnesses, including those of his own selection, and to administer oaths. When the report of the Special Master is filed the clerk of the Court shall cause the same to be printed. The Special Master shall be allowed his actual expenses and a reasonable compensation for his services to be fixed hereafter by the Court. The allowances to him, the compensation paid to his stenographic and clerical assistants and the cost of printing his report shall be charged against and be borne by the parties in such proportions as the Court hereafter may direct. If the appointment herein made of a Special Master is not accepted, or if the place becomes vacant during the recess of the Court, the Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court herein. [See ante, p. 569.]

No. 767. HELVERING, CoMMISSIONER of INTERNAL REven UE, v. WooD ET AL, TRUSTEEs. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. April 8, 1940. Per Curiam: The petition for writ of certiorari is granted. The judgment is reversed and the cause is remanded to the Circuit Court of Appeals for further proceedings. Helvering v. Bruun, ante, p. 461. Solicitor General Biddle for petitioner. Reported below: 107 F.2d 869.

Decisions Per Curiam, Etc. 309 U. S.

No. 823. A. M. KLEMM & SoN v. WINTER HAVEN ET AL. Appeal from the Supreme Court of Florida. April 8, 1940. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Central Land Co. v. Laidley, 159 U. S. 103, 1.12; Patterson v. Colorado, 205 U. S. 454, 460–461; Tidal Oil Co. v. Flanagan, 263 U. S. 444, 450. Mr. Harvey C. Crittenden for appellant. Mr. Henry M. Sinclair for appellees. Reported below: 140 Fla. 60; 192 So. 652.

No. 840. ACME FAST FREIGHT, INC., ET AL. v. UNITED STATEs ET AL. Appeal from the District Court of the United States for the Southern District of New York. April 8, 1940. Per Curiam: The decree is affirmed. Lehigh Valley R. Co. v. United States, 243 U. S. 444; Interstate Commerce Commission v. Delaware, L. & W. R. Co., 220 U. S. 235; Northern Ry. Co. v. O'Connor, 232 U. S. 508. Mr. J. R. Turney for appellants. Mr. J. Stanley Payne for appellees. Reported below: 30 F. Supp. 968.

No. —, original. Ex PARTE Robert CoNSIDINE. April 8, 1940. Motion for leave to file petition for writ of habeas corpus denied.

No. 674. UNITED STATES v. APPALACHIAN ELECTRIC Power Co. April 8, 1940. The motion of the States of Virginia and West Virginia for a continuance is granted and the case is assigned for argument on Monday, October 14, next. The CHIEF JUSTICE took no part in the consideration and decision of this application.

No. 822. WASHINGTON Ex REL. Colum BIA BROADCASTING Co. v. SUPERIOR Court of THE STATE of WASHINGTON FOR KING County ET AL. Appeal from the Supreme 309 U. S. Decisions Per Curiam, Etc.

Court of Washington. April 8, 1940. The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari, as required by § 237 (c) of the Judicial Code (43 Stat. 936, 938), certiorari is granted. Messrs. Cassius E. Gates and Godfrey Goldmark for appellant. Reported below: 1 Wash. 2d 379; 96 P. 2d 248.

No. 768. HELVERING, CoMMISSIONER of INTERNAL REVENUE, v. CENTER INVESTMENT Co. On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. April 22, 1940. Per Curiam: The petition for writ of certiorari is granted. The judgment is reversed and the cause is remanded to the Circuit Court of Appeals with directions to remand to the Board of Tax Appeals for findings in the light of the principles established in Helvering v. Bruun, ante, p. 461, and for findings and decision on the other questions left undetermined by the Board. Solicitor General Biddle for petitioner. Mr. D. G. Eggerman for respondent. Reported below: 108 F. 2d 190.

No. 844. FLORIDA Ex REL. GARLAND v. CITY of WEST PALM BEACH. Appeal from the Supreme Court of Florida. April 22, 1940. Per Curiam: The appeal is dismissed for the reason that the judgment of the state court is based upon a non-federal ground adequate to support it. Farson, Son & Co. v. Bird, 248 U. S. 268, 271; Doyle v. Atwell, 261 U. S. 590; McCoy v. Shaw, 277 U. S. 302. Messrs. Stuart B. Warren, George W. Wylie, and J. Velma Keen for appellant. Reported below: 141 Fla. 244; 193 So. 297.

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