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CHAPTER I-PROBLEMS IN ADMINISTRATION “The present situation leads to the conclusion that there i the Bar and the Bench, as to the types of casen which sh te the Supreme Court. Much of the difficulty is undoubtedly due to lack of knowledge on the part of the members of the Bar concern. are now coming to the Supreme In part, the difficulty lies with the Pto- cedure in the Court itself.” CHAPTER Il_RAILROAD PROBLEMS “Tf that is the effect of the Majority opinion (in the St. Louia @ O'Fallon Railway Case). then indeed, it raises many difficulties of adminintrative law and, in addition, greatly increases the task of the Commission, as was pointed oat by dimice Brandeis in his dissenting opinion * # *,. And in teviewing the decisions of the Supreme Court on that question, he pointed out that, while the Court has in the past set aside orders because they were entered without evidence, or because matters con- * sidered were not in the Fecord, or because the Commission exctuded the facta which it should have Sonsidered, there was no case in which the Court has set @8ide an order of the Commission because it failed to give effect to evidence which to sone to be erroneous; that, on the contrary, dings of the C » fir i eifect of evidence have been treated with erence due to a tribunal ‘appointed by law and informed - by experience,’ ” CHAPTER Il—PUBLIC UTILITIES “Although the immediate issue in the Intetborough Rapid Transit Case was of New York would continue to pay a five-cent fare, the case involved the broad nation-wide queation, under what circumstances ig @ public utility bound to serve the public at rates Prescribed in its con. tracta? * * 9 The Supreme Court * © «© took the view that the Inter borough could not have - Pesorted to the Courts without 2 decision by the Commission within the thirty-day period Preacribed by law. The Court went beyond the decision on th @ question of jurisdiction, . It frowned upon the y's attempt to have the issues determined by injunction” ~ CHAPTER iV—INSURANCE QUESTIONS “* * © while the Fourteenth Amendment Probibita the states from Tequicing insurance com. panies to fates which ate wnreasonabis and c nfiscatory, the Amen tid not a guaran. tee against free competi al CHAPTER V-BANKING fa SES _ The rule laid down by the Supreme Court in the Georgia Banking Case i fe, that ‘mere legis- lative fiat may Bot take the place of fact in the determination of issues invelving life, liberty and in the Supreme Court during the past year involved n 7 was 2 case, also, which for a time threatened to upset entire procedure in appeals taken irom the Board of T ‘ax Appeals, and which might bave thrown of cases in which this Srocedure bad been followed.” CHAPTER VII-—-STATE TAXATION * "The § . Court held that » State may not impose a franchise tax on Corporations, seeing the tax on the net income of the corporation, including its income from United State Government - ’ - a New m g cea of unlawful accion on the part of those who were charged with tha duty CHAPTER VIII—ANTLTRUST ACTS “The femous Packers' Consent Decree reappeared in the Guise of a jurisdictions J question. * * «© For the present the annlicati: Section 7 of the t geta there first?’ whether the Federal Trade tion in wequiring the assets of its subsiduary.” CHAPTER IX—FEDERAL EMPLOYERS’ LLABILITY ACT “The Federal Employers’ Liability Act, passed in 1908, for the relief of employeca metting with tallroad accidents, of of those whose supporters ate killed in railroad turned out to be a hes source of s great amount of litigation. * there is much too much litigation under this Act.“ CHAPTER X—JONES SEAMEN’S ACT the Federal Employers’ Lisbility Act, the question often ariscs whether the employee at the te ot the inj was engeged in interstate or in intra-state commerce, in order to determine whether the ‘proper r iy is under the Federal Act, or under the State Workmen's Compensation Law. This conflict between State and Federal jurisdiction is even more pronounced in the actions brought for deatha or injury of those working of vessels. Of the eighty-«i ‘ht criminal cases considered by the Supreme Court, in onty one criminal cans was the decision ef the ower court reversed. “This in a menses reflects the merits of the criminal cose: brought to the Supreme Court.” CHAPTER XII--PROHIBITION “Th itioners complained of arbitrary action on the pact of the courts, of prejudicial remarks by prosec ting attemene Pot misconduct by juries, and, outside the courts, there were erveral inetan- law, 7 8 + Only one of these cases was reviewed by the Court, and none involved matters of great public impactance: CHAPTER Xili—POLITICAL ISSUES The Pocket Veto Case) was of s ecial importance because the Mitscle Shoals Resolu- tion of the’ Seven { ty-first Congress was presented to President Coolidge within less than ten days before the adjournment of its firet Session, President Coolidge refused to aign the Resolution, nor did be return it to Congress, and untilthe decision of the Supreme Court there was uncertainty as to wheth. er the Resolution had become a law, *# * © Sinclair and his co-defendants: eho maini + that they hed a right to shadow the juty because it had been the practice of the Department of Justice to apy upon juries. The Court held that the lower court rightly excluded evidence purporting to show such a practice on the part of the Department of Justica, ause the mistakes om violations of law by the De it gave no license for ml conduct to the defendants * Incidentally, the Court Seclared that it oill not Fe into the relevancy of questions sh pter tall’ A the Senate, but band 2: allow the same presumption o tegularity to its Proceedings, wien acting thin the scope of ite. authority, as it gives to Proceedings before courts of law. | | CHAPTER XIV—INTERNATIONAL AND RACE QUESTIONS | “At this [ate date the Supreme Court decided that the Jay Treaty between the United States Great Briain ates into in 1794, had been abrogated by the wer of mis se . ond CHAPTER XV—THE JUDICIAL VETO ze “F, 1 derstanding of the problems of the Judicial Veto, one mast know not only the cases in whieh the Supreme ‘Cone held Acta of Congress invalid, but also those in which Acts of gresa were declared valid. But there is still a third class, namely, those in which the Sup Court, becauss of its power to nullify Acts of Congress, hae limited tits operation of Acts, in order ta” avoid declaring them unconstitutional.” ; Hy