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199 U. S. Cases Disposed of Without Consideration by the Court.

No. 403. ALEXANDER VON FABER-CASTELL, PETITIONER, v. JOHN EBERHARD FABER. December 4, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Second Circuit denied. Mr. Joseph H. Choate and Mr. Frederic W. Hinrichs for petitioner. Mr. Benjamin F. Tracy for respondent.

No. 444. AMERICAN SEWAGE DISPOSAL COMPANY OF BOSTON, PETITIONER, v. CITY OF PAWTUCKET. December 4, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit denied. Mr. Edward P. Payson for petitioner. Mr. William R. Tillinghast for respondent.

No. 456. THE HAYES YOUNG TIE PLATE COMPANY, PETITIONER, V. THE ST. LOUIS TRANSIT COMPANY. December 4, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit denied. Mr. James L. Hopkins, Mr. Alfred A. Eicks and Mr. J. S. Barker for petitioner. No appearance for respondent.

No. 502. SEWERAGE AND WATER BOARD OF NEW ORLEANS, PETITIONER, V. NATIONAL CONTRACTING COMPANY. December 11, 1905. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Fifth Circuit denied. Mr. Omer Villere and Mr. S. L. Gilmore for petitioner. No appearance for respondent.

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT FROM OCTOBER 9 TO DECEMBER 11, 1905.

No. 146. CHEUNG HIM NIM, APPELLANT, v. THE UNITED STATES; No. 147. CHEW HING, APPELLANT, v. THE UNITED STATES; No. 148. LEE YUE, APPELLANT, v. THE UNITED VOL. CXCIX-39

Cases Disposed of Without Consideration by the Court. 199 U. S.

STATES; No. 149. CHIN CHEW FONG, ETC., APPELLANT, v. THE UNITED STATES; and No. 150. CHEUNG PANG, APPELLANT, v. THE UNITED STATES. Appeals from the United States Circuit Court of Appeals for the Ninth Circuit. October 10, 1905. Dismissed, per stipulation, on motion of Mr. Solicitor General Hoyt for the appellee. Mr. Oliver Dibble for appellants. The Attorney General for appellee.

No. 428. GIUSEPPE MARMO, APPELLANT, v. WILLIAM C. NICOLL, SHERIFF OF THE COUNTY OF ESSEX, N. J. Appeal from the Circuit Court of the United States for the District of New Jersey. October 10, 1905. Docketed and dismissed with costs, on motion of Mr. Charles F. Wilson for the appellee. No one opposing.

No. 41. THE NEW YORK LIFE INSURANCE COMPANY, PLAINTIFF IN ERROR, v. ANNIE E. ENGLISH. In error to the Court of Civil Appeals of the First Supreme Judicial District of the State of Texas. October 10, 1905. Dismissed with costs, on motion of Mr. Frederic D. McKenney for the plaintiff in error. Mr. George W. Hubbell, Mr. James H. McIntosh and Mr. Frederic D. McKenney for plaintiff in error. Mr. John Wharton Clark and Mr. Winchester Kelso for defendant in error.

No. 76. TACOMA MILL COMPANY, PETITIONER, v. BLACK HILLS AND NORTHWESTERN RAILWAY COMPANY ET AL. On writ of certiorari to the United States Circuit Court of Appeals for the Ninth Circuit. October 10, 1905. Dismissed, per stipulation, on motion of Mr. Frederic D. McKenney for the petitioner. Mr. E. C. Hughes, Mr. James M. Ashton and Mr. Frederic D. McKenney for petitioner. Mr. James B. Howe for respondents.

No. 93. WABASH RAILROAD COMPANY, PLAINTIFF IN ERROR, v. W. H. SUMMERS. In error to the Kansas City Court of

199 U. S. Cases Disposed of Without Consideration by the Court.

Appeals of the State of Missouri. No. 94. WABASH RAILROAD COMPANY, PLAINTIFF IN ERROR, v. JAMES HENDRIX; and No. 95. WABASH RAILROAD COMPANY, PLAINTIFF IN ERROR, v. S. M. RICE. In error to the St. Louis Court of Appeals of the State of Missouri. October 10, 1905. Dismissed with costs, on motion of counsel for the plaintiff in error. Mr. Wells H. Blodgett for plaintiffs in error. No appearance for defendants in error.

No. 109. C. M. BARNES, MAYOR, ETC., ET AL., APPELLANTS, v. C. W. TURNER ET AL. Appeal from the Supreme Court of the Territory of Oklahoma. October 10, 1905. Dismissed with costs, on motion of counsel for the appellants. Mr. Henry E. Asp and Mr. L. E. Payson for appellants. No appearance for appellees.

No. 120. NATIONAL ACCIDENT SOCIETY, PLAINTIFF IN ERROR, v. WILLIAM BRUCE MARTIN, JUDGE, ETC. In error to the Supreme Court of Appeals of the State of Virginia. October 10, 1905. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. James E. Heath, Jr., for plaintiff in error. appearance for defendant in error.

No

No. 132. GALEN E. GREEN, PLAINTIFF IN ERROR, v. DAVID STEWART. In error to the Court of Appeals of the District of Columbia. October 10, 1905. Dismissed with costs, on motion of counsel for the plaintiff in error. Mr. John Ridout for plaintiff in error. Mr. Charles W. Clagett for defendant in

error.

No. 136. PABLO ÜBARRI ET AL., PLAINTIFFS IN ERROR, v. PEDRO C. CORREA Y RODRIGUEZ ET AL. In error to the District Court of the United States for the District of Porto Rico. October 10, 1905. Dismissed with costs, on motion of counsel

Cases Disposed of Without Consideration by the Court. 199 U. S.

for the plaintiffs in error. Mr. N. B. K. Pettingill for plaintiffs No appearance for defendants in error.

in error.

No. 143. THE CHICAGO AND ERIE RAILROAD COMPANY, PLAINTIFF IN ERROR, v. J. W. JACOBY, ADMINISTRATOR, ETC. In error to the Supreme Court of the State of Ohio. October 10, 1905. Dismissed with costs, on motion of counsel for the plaintiff in error. Mr. John H. Doyle for plaintiff in error. No appearance for defendant in error.

No. 189. WABASH RAILROAD COMPANY, PLAINTIFF IN ERROR, v. JOHN SLOOP. In error to the Kansas City Court of Appeals, State of Missouri. October 10, 1905. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. Wells H. Blodgett for plaintiff in error. No appearance for defendant in error.

No. 205. WILLIAM C. JUTTE, PLAINTIFF IN ERROR, V. THE MONONGAHELA RIVER CONSOLIDATED COAL AND COKE COMPANY. In error to the Supreme Court of the State of Pennsylvania. October 10, 1905. Dismissed with costs, on motion of counsel for plaintiff in error. Mr. Wm. B. Rodgers and Mr. Henry A. Davis for plaintiff in error. No appearance for defendant in error.

No. 364. JERRY T. DONOVAN, PLAINTIFF IN ERROR, v. MICHAEL T. BERRY. In error to the Superior Court of the State of Massachusetts. October 10, 1905. Dismissed with costs, per stipulation. Mr. Arthur D. Hill for plaintiff in error. Mr. John J. Winn for defendant in error.

No. 2. THE UNITED STATES, APPELLANT, v. THE MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY ET AL. Appeal from

199 U. S. Cases Disposed of Without Consideration by the Court.

the Circuit Court of the United States for the District of Kansas. October 10, 1905. Dismissed, on motion of Mr. Solicitor General Hoyt for the appellant. The Attorney General for appellant. No appearance for appellees.

No. 4. ERIE RAILROAD COMPANY, PLAINTIFF IN ERROR, v. GEORGE H. MINOR. In error to the Supreme Court of the State of New York. October 10, 1905. Dismissed with costs, pursuant to the nineteenth rule. Mr. Adelbert Moot for plaintiff in error. Mr. Charles B. Wheeler for defendant in

error.

No. 23. CHARLES E. DAWSON ET AL., PLAINTIFFS IN ERROR, V. THOMAS E. WAGGAMAN, COLLECTOR, ETC. In error to the Court of Appeals of the District of Columbia. October 11, 1905. Dismissed with costs, on authority of counsel for plaintiffs in error. Mr. D. W. Baker for plaintiffs in error. Mr. Irving Williamson for defendant in error.

No. 8. THOMAS E. DAVIS, PLAINTIFF IN ERROR, v. JACOB LIVING ET AL. In error to the Supreme Court of Appeals of the State of West Virginia. October 11, 1905. Dismissed with costs, pursuant to the tenth rule. Mr. Maynard F. Stiles for plaintiff in error. No appearance for defendants in

error.

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No. 28. THE UNITED STATES OF AMERICA v. THE A. C. MCELROY MANUFACTURING COMPANY. On a certificate from the United States Circuit Court of Appeals for the Third Circuit. October 16, 1905. Dismissed, on motion of Mr. Solicitor General Hoyt for the United States. The Attorney General for the United States. Mr. F. B. Bracken for the A. C. McElroy Manufacturing Company.

No. 135. PREFERRED TONTINE MERCANTILE COMPANY ET AL.,

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